HomeMy WebLinkAbout22 105 Kincardine Super Storage Site Plan Agreement Amendment (2022) By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 105
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AMENDING
AGREEMENT BETWEEN KINCARDINE SUPER STORAGE INC. AND THE
CORPORATION OF THE MUNICIPALITY OF KINCARDINE
WHEREAS the Ontario Planning Act, R.S.O 1990, P.13, Section 41, authorizes
municipalities to enter into Site Plan Agreements;
AND WHEREAS Sections 8, 9, 10 and 11 of the Municipal Act, 2001, S.O. 2001,
c.25 provide a Municipality with broad powers to pass, amend or repeal By-Laws.
AND WHEREAS by By-Law No. 1988-053 the Council of The Corporation of the
Town of Kincardine entered into a Site Plan Agreement with Wayne Wakeford
Pestill and Mary Margaret Pestill on August 18, 1988 for the lands then described
as Part of Lot C, Concession A, Kincardine and now legally described as PT LT C
CON A TWP KINCARDINE, PT 3 3R8425 & PTS 1, 2 & 3 3R4147 EXCEPT PT 1
3R8425; KINCARDINE being PIN 33318-0113 (LT);
AND WHEREAS the said Site Plan Agreement was registered on title as
Instrument No. R249981 on October 31, 1988;
AND WHEREAS the lands were transferred from Wayne Wakeford Pestill and
Mary Margaret Pestill by Instrument No. R375174 on June 2, 2003, to 536321
Ontario Limited;
AND WHEREAS a Certificate of Compliance with respect to the substantial
completion of the matters and facilities required by Site Plan Agreement
registered as Instrument No. R249981 in the Bruce County Registry Office (LRO
#3) on October 31, 1988 over the lands then described as Part of Lot C,
Concession A, Kincardine was registered as Instrument R410225 in the Bruce
County Registry Office (LRO #3) on September 21, 2006;
AND WHEREAS The Corporation of the Municipality of Kincardine transferred to
536321 Ontario Limited the lands legally described as PT LT C CON A TWP
KINCARDINE, PTS 1, 2 & 3 3R4147 EXCEPT PT 1 3R8425 by way of Instrument
No. BR22655 registered on December 2, 2008 and an Application Consolidation
Parcels was registered for the lands as Instrument No. BR22953 on December
11, 2008.
AND WHEREAS by By-Law 2010-021the Council of The Corporation of the
Municipality of Kincardine approved amendments to Schedule “B” of the original
Site PlanAgreement to permit for an additional structure on the lands;
AND WHEREAS 536321 Ontario Limited transferred the lands known as PT LT C
CON A TWP KINCARDINE, PT 3 3R8425 & PTS 1, 2 &3 3R4147 EXCEPT PT 1
3R8425; KINCARDINE being PIN 33318-0113 (LT) to Kincardine Super Storage
Inc. on March 31, 2017 by Instrument No. BR117464;
Page 2 of 3
Kincardine Super Storage Site Plan Agreement
Amendment (2022) By-law
By-law No. 2022 - 105
AND WHEREAS By-Law No. 2021-163 of the Council of The Corporation of the
Municipality of Kincardine authorized the amendment of By-Law No. 1988-053;
being a By-Law to authorize the execution of a Site Plan Agreement with Wayne
and Mary Pestill and The Corporation of the Town of Kincardine for the lands then
described as Part of Lot C, Concession A, Kincardine and now legally described
as PT LT C CON A TWP KINCARDINE, PT 3 3R8425 & PTS 1, 2 & 3 3R4147
EXCEPT PT 1 3R8425; KINCARDINE being PIN 33318-0113 (LT);
AND WHEREAS By-Law No. 2021-163 of the Council of The Corporation of the
Municipality of Kincardine authorized the amendment of By-Law No. 2010-021;
being a By-Law authorizing to amend Schedule “B” of the Site Plan Agreement to
further amend the Site Plan Agreement to include Schedule “D” and Schedule “E”
to the Site Plan Agreement;
AND WHEREAS Council of The Corporation of the Municipality of Kincardine has
now deemed that including Schedule “E” being an authorization from the Owner to
the Site Plan Agreement is no longer required as the Owner is a party to the
Amending Agreement;
AND WHEREAS Council has deemed that the Certificate of Compliance that was
registered as Instrument R410225 in the Bruce County Registry Office (LRO #3)
on September 21, 2006, with respect to the substantial completion of the matters
and facilities required by Site Plan Agreement registered as Instrument No.
R249981 in the Bruce County Registry Office (LRO #3) on October 31, 1988 over
the lands then described as Part of Lot C, Concession A, Kincardine, no longer
applies and shall now be deleted as those lands have been consolidated with
lands described as PT LT C CON A TWP KINCARDINE, PTS 1, 2 & 3 3R4147
EXCEPT PT 1 3R8425 by registration of Instrument No. BR22953 on December
11, 2008;
AND WHEREAS it is the desire of the Council of The Corporation of the
Municipality of Kincardine to repeal By-Law No. 2021-163 as a separate
Amending Agreement is being entered into by current registered owner and The
Corporation of the Municipality of Kincardine.
AND WHEREAS Kincardine Super Storage Inc., has requested further
amendments to the above noted Site Plan Agreement;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it appropriate to execute an Amending Agreement to amend the above
noted Site Plan Agreement to include the requested amendments;
NOW THEREFORE the Council ofThe Corporation of the Municipalityof
Kincardine ENACTS as follows:
1.That By-Law No. 2021-163 is hereby repealed.
2.That the Mayor and Clerk be authorized and directed to execute an
Amending Agreement betweenThe Corporation of the Municipalityof
Kincardine and Kincardine Super Storage Inc.
3.T
hat the said Amending Agreement forms part of this By-Law as Schedule
“A”.
4.This By-law shall come into full force and effect upon its final passage.
5.This by-law may be cited as the “Kincardine Super Storage Site Plan
Agreement Amendment (2022) By-l aw”
Page 3 of 3
Kincardine Super Storage Site Plan Agreement
Amendment (2022) By-law
By-law No. 2022 - 105
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READ a FIRST and SECOND TIME this 13 day of June, 2022.
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READ a THIRD TIME and FINALLY PASSED this 13 day of June, 2022.
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AMENDING AGREEMENT °f Line- 20 .
This Amending Agreement effective this 13 day of June,2022 ("Effective Date")
BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(the"Municipality")
of the First Part,
-and—
KINCARDINE SUPER STORAGE INC.
(the"Owner")
of the Second Part.
(each,a"Party"and,collectively,the"Parties")
RECITALS:
WHEREAS the Corporation of the Municipality of Kincardine is a municipal corporation
incorporated pursuant to the Municipal Act, 2001, S.O. 2001, c.23, as amended;
AND WHEREAS Kincardine Super Storage Inc. is a corporation incorporated pursuant to
the laws of the Province of Ontario and is the legal registered owner of the lands legally
described as PT LT C CON A TWP KINCARDINE, PT 3 3R8425 AND PTS 1, 2 & 3
3R4147 EXCEPT PT 1 3R8425; MUNICIPALITY OF KINCARDINE being PIN 33318-
0113 LT("Subject Lands");
AND WHEREAS the Ontario Planning Act, R.S.O 1990, P.13, Section 41, authorizes
municipalities to enter into Site Plan Agreements;
AND WHEREAS the Subject Lands are subject to Site Plan Control;
AND WHEREAS with the passage of By-Law No. 1988-053 the Council of The
Corporation of the Town of Kincardine entered into a Site Plan Agreement (the
"Agreement") with Wayne Wakeford Pestill and Mary Margaret Pestill on August 18,
1988 for the lands described as Part of Lot C, Concession A,more particularly described as
Part 3 in Reference Plan 3R8425, Kincardine ("Original Lands"), which was registered as
Instrument No. R249981 in the Bruce County Registry Office (LRO #3) on October 31,
1988;
AND WHEREAS pursuant to a municipal restructuring order under Subsection 25.2(4) of
the Municipal Restructuring Act dated January 30, 1998 and effective January 1, 1999,
The Corporation of the Town of Kincardine was amalgamated under the name "The
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Corporation of the Township of Kincardine-Bruce-Tiverton", and further that pursuant to
Bill PR15 effective December 22, 1999 the name was changed to "The Corporation of the
Municipality of Kincardine";
AND WHEREAS pursuant to Recital 4 of the Agreement, the covenants in the Site Plan
Agreement are binding upon all successors in title once registered on title;
AND WHEREAS title to the Original Lands were transferred from Wayne Wakeford
Pestill and Mary Margaret Pestill to 536321 Ontario Limited by Instrument No. R375174
registered on June 2,2003;
AND WHEREAS a Certificate of Compliance with respect to the substantial completion
of the matters and facilities required by Site Plan Agreement registered as Instrument No.
R249981 in the Bruce County Registry Office (LRO #3) on October 31, 1988 over the
Original Lands was registered as Instrument R410225 in the Bruce County Registry Office
(LRO#3) on September 21, 2006;
AND WHEREAS The Corporation of the Municipality of Kincardine transferred to
536321 Ontario Limited the lands legally described as Part Lot C, Concession A, more
particularly described as Parts 1, 2 and 3 on Reference Plan 3R-4147, Except Part 1 on
Reference Plan 3R-8425, Kincardine (the "Additional Lands") by way of Instrument No.
BR22655 registered on December 2,2008;
AND WHEREAS by way of an Application to Consolidate Parcels registered as
Instrument No. BR22953 on December 11, 2008, the Original Lands were consolidated
with the Additional Lands, which are now together known as and form the "Subject
Lands";
AND WHEREAS title to the Subject Lands was transferred from 536321 Ontario Limited
to Kincardine Super Storage Inc., the current Owner, by Instrument No. BR117463
registered on March 31, 2017;
AND WHEREAS by By-Law 2010-021 passed on March 3, 2010 Council of the
Municipality of Kincardine approved amendments to Schedule `B' of the Agreement to
allow for an additional structure on the Subject Lands;
AND WHEREAS in By-Law 2021-163 passed on October 13, 2021 Council for the
Municipality of Kincardine approved further amendments to the Agreement to add
Schedule `D' to the Agreement to outline required securities for on-site works
AND WHEREAS Council of The Corporation of the Municipality of Kincardine has now
deemed that including Schedule `E' as an amendment to the Agreement being an
authorization from the Owner to the Site Plan Agreement is no longer required as the
Owner is a party to this Amending Agreement;
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AND WHEREAS the Owner and Council acknowledge and agree that the Certificate of
Compliance that was registered as Instrument R410225 in the Bruce County Registry
Office (LRO #3) on September 21, 2006, with respect to the substantial completion of the
matters and facilities required by Site Plan Agreement registered as Instrument No.
R249981 in the Bruce County Registry Office (LRO #3) on October 31, 1988 over the
Original Lands no longer applies and shall now be deleted as the Original Lands have been
consolidated by registration of Instrument No. BR22953 on December 11, 2008, with
Additional Lands to form the Subject Lands;
AND WHEREAS the Council of the Municipality deems it appropriate for the current
owner and the Municipality of Kincardine to execute an Amending Agreement to the
Agreement to include the required amendments;
AND WHEREAS Recital 5 of the Agreement permits the Parties to amend the terms of
the Agreement by entering into a written agreement; and
AND WHEREAS the Parties therefore wish to amend the terms of the said Agreement as
herein provided.
NOW THEREFORE this amending agreement witnesseth that in consideration of the
terms and conditions of the Agreement and other good and valuable consideration, the
Parties hereto agree as follows:
1. The Parties agree that the recitals herein are true and accurate in substance and in
fact and form part of this Agreement.
2. Unless defined in this amending agreement, all capitalized terms have the meaning
set out in the Agreement.
3. That the legal description of the lands in Schedule "A" of the Site Plan Agreement
attached to this Amending Agreement as Schedule "A", shall be amended to read:
"PT LT C CON A TWP KINCARDINE, PT 3 3R8425 AND PTS 1, 2 & 3 3R4147
EXCEPT PT 1 3R8425; MUNICIPALITY OF KINCARDINE being PIN 33318-
0113 (LT)" and for the purposes of this Amending Agreement shall be referred to
as the"Subject Lands".
4. That as the Subject Lands have been expanded to include Additional Lands, the
parties herein acknowledge and agree that the Certificate of Compliance registered
as Instrument No. R410225 in the Bruce County Registry Office (LRO #3) on
September 21, 2006 is no longer in full force and effect, as it only related to the
development of the Original Lands. The matters and facilities outlined in the
Agreement and amendments included herein as it relates to the Subject Lands as a
whole (Original Lands and Additional Lands) have not been substantially
completed and therefore remain outstanding.
5. That Schedule `B' of the Agreement, attached to this Amending Agreement as
Schedule "A", shall be replaced with the amended Approved Site Plan attached as
Schedule"B"to this Amending Agreement.
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6. That Schedule "C" attached to this Amending Agreement be added as Schedule
"D"to the Agreement.
7. Unless and only to the extent expressly amended, all provisions of the Agreement
remain in full force and effect.
8. This Amending Agreement shall be interpreted under and is governed by the laws
of the Province of Ontario and the federal laws of Canada applicable herein.
9. The Parties hereby covenant and agree that this Amending Agreement may be
registered upon title to the Subject Lands and the Owner hereby authorizes the
Solicitor for the Municipality to execute on behalf of the Owner all documents
necessary to register this Agreement in the Land Registry Office for Bruce County
(LRO #3). The Owner is responsible to pay all costs associated with the
preparation and registration of this Amending Agreement, as well as all other costs
incurred by the Municipality as a result of the registration of any other documents
pertaining to this Amending Agreement.
10.This Amending Agreement shall be enforceable by and against the parties hereto,
their heirs, executors, administrators, successors and assigns and that the
Agreement and all covenants by the Owner herein contains shall run with the
Lands.
11. If any provision of this Amending Agreement is deemed illegal, invalid or
unenforceable, by an arbitrator or any court of competent jurisdiction from which
no appeal exists or is taken, that provision will be severed from this Amending
Agreement and the remaining provisions will remain in full force and effect.
12.This Amending Agreement may be executed in any number of counterparts and
all of which taken together will constitute one and the same instrument. The
Parties agree that this agreement may be transmitted by telecopier or electronic
transmission via email and that the reproduction of signatures by way of
telecopier or electronic transmission via email of executed originals will be
treated as though such reproduction were executed originals and each party
undertakes to provide the other with a copy of this agreement bearing original
signatures within a reasonable time after written request therefore.
(signing page follows)
5
IN WITNESS the Parties have,by their duly authorized representatives who each have the
authority to bind the Parties,executed this amendment on the Effective Date.
Signed,sealed and delivered,
KINCARDINE SUPER STORA
Per:
Name: K1at l , ,-. f f k
Position:
I have authority to bin e Corporation
THE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE
Per:
Name: rr.lie►r
Position: Mayor
ocijo
Per: n
Na e:.1c k -e( L.L1nnc�e
Position: Clerk
We have authority to bind the corporation