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HomeMy WebLinkAbout05 137 Bylaw Authoriz Site Plan e e .,:. :1 if' ·,e e THE CORPORATION OF THE MUNICIPALITY OF KINCA INE R. BY-LAW NO. 2005 -137 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE P WITH 351411 ONTARIO LIMITED AGREEMENT WHEREAS the Ontario Planning Act, R.S,O. 1990, p, 13, Se ion 41, authorizes municipalities to enter into Site Plan Agreements; AND WHEREAS the Council for the Municipality of Kincardine d med it advisable to enter into a Site Plan Agreement with 351411 Ontario Limited for roperty described as Lot 5 and Lot 6 and Part of Lot 4 in the Subdivision of Lot 12 Sout of Broadway Street former Town of Kincardine now Municipality of Kincardine, County of Bruce, the Part of Lot 4, Plan 61 is more particularly described in Schedule "A" of the Agreement attached hereto and forming part of this by-law; NOW THEREFORE the Council for the Municipality of Kincardine NACTS as follows: 1. That the Municipality of Kincardine enter into a Site Plan Ag Ontario for property described in Schedule "A" of the Agre this By-law; ement with 351411 ent forming part of That the Mayor and Chief Administrative Officer be authoriz to sign, on behalf of the Municipality of Kincardine the Agreement with 351411 Ontario Limited; 3, This By-law shall take effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planni g Act, 1990. 2. 4, This By-law may be cited as the "BDO Dunwoody, Site Plan Agreement By-law." READ a FIRST, SECOND and a THIRD time and FINALLY PAS ED this 10th day of August, 2005. JjL~..¡(. h- Mayor ' --- ,~ SITE PLAN AGREEMENT · i1... · fD BJ.~ "'~1heLD-~ 2~-~ ~ ~. . This AGREEMENT made this BEìWEEN: \0+ day of 2005, THE CORPORATION OF THE MUNICIPALITY OF KI hereinafter called the "Municipality" of the First -and- 351411 ONTARIO LIMITED hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that it is the registered owner ftOOse lands in the Municipality of Kincardine, County of Bruce, described in Sched e "A" attached hereto and forming part of this agreement; . AND WHEREAS the parties hereto agree that the lands affected by this agreement are as set out in Schedule "A" attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Cont I Area By-Law pursuantto the provisions of Section 41 of the Planning Act, R.S 0.,1990, c.P. 13, as amended. .,,;c. J>. T 'ip AND WHEREAS the covenants, agreements, conditions and un erstandings herein contained on the part of the Owner and the Party of the Third Pa ,if any, shall run with the land and shall enure to the benefit of and be binding u the parties hereto and their heirs, executors, administrators, successors and assig s, as the case may be, and shall be appurtenant to the adjoining highways in the ow ership of the Municipality. ,t' NOW THEREFORE THIS AGREEMENT WITNESSETH THAT i the approval of the plans for the development on subject parcel land by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt 0 which is hereby admitted, the Owner for himself and for all successors in title, H REBY AGREES with the Municipality as follows: . PART A - GENERAL PROVISIONS ,;..~ 1. The parties to this agreement hereby agree that the Own as herein stated is the registered owner of those lands described in Schedul "A" to this agreement and the lands affected by this agreement are described in Schedule "A" to this agreement, hereinafter called the "su ject lands". 2. The Owner hereby releases the Municipality, its servants, gents and contractors from any and all liability in respect of the pro r maintenance and operation of the matters and facilities required by this ag ement. The Owner agrees to allow the Municipality at its sole exp mle and in its sole discretion to register or deposit this agreement in the Regi 'try Office for the County of Bruce against the "subject lands". 3. ." " . ...2 . Page 2 Site Plan Agreement 351411 ONTARIO LIMITED The Owner will at all times indemnify and save harmless e Municipality on a solicitor and client basis from all loss, costs and damage which the Municipality may suffer, be at or be put to, for or by reaso of the execution of this agreement. The Party of the Third Part joins herein to nsent hereto and to bind its interest in the lands hereto. 4. 5. The clauses of this agreement are independent and seve ble and the striking down or invalidation of anyone or more of the clau es does not invalidate all or any of the remaining clauses. 6. Nothing in this agreement shall relieve the Owner from co plying with all applicable municipal requirements. 7. The Owner hereby grants to the Municipality, its servants, agents and contractors a license to enter the "subject lands" for the p rpose of inspection of the works and the "subject lands" or for any other pu se pursuant to the rights of the Municipality under this .agreement. . PART B . SITE DEVELOPMENT AND MAINTENANCE PROVI IONS 8. The Owner agrees to undertake development on the "sub ct lands", at its sole expense, in conformity with the site plan as detailed i Schedule "B" attached hereto, which shall hereinafter be referred to as he "approved site plan", 9. The Owner agrees to provide, install or otherwise abide b ,at its sole expense, the site development requirements as detailed i Schedule "CO attached hereto. 10. a) Upon completion of the development of the "subje lands" in conformity with the provisions of this agreement, CAO shall issue a certificate of compliance. b) "Certificate of compliance" shall mean a statement f the Municipality as to the substantial completion of the works, matt rs and facilities required by this agreement and shall not be deem to certify compliance with any other municipal requirements, regulations, or by- laws, and the Municipality shall not be stopped fro pursuing any or all its rights to enforce the continuing obligations of t Owner under this agreement or to enforce any other of the Municipal s requirements, regulations or by-laws which relate to the subject I nds. . 11. The Owner hereby acknowledges that failure to complete all required works within the specified time period shall mean a certificate of compliance will not be issued until such work necessary to complete the dev lopment is done, and that until such certificate of compliance has been iss ed, in the event that the prescribed time period has lapsed, the Municipality h s the right to refuse issuance of any permit necessary to carry out any additio al work on the "subject lands". 12. All maintenance and repair of facilities and matters requi by this agreement shall be done by the Owner from time to time t its sole risk and expense and the Owner agrees the 'subject lands' will n impede or prohibit performance of the maintenance provided for in this agre ment. . ...3 . Page 3 Site Plan Agreement 351411 ONTARIO LIMITED 13. he Owner agrees to maintain in good repair and at its sole expense the subject lands" in conformity with the provisions of Schedul "B" (approved site plan) and Schedule "CO (site development requirements), nd all other requirements pursuant to this agreement, and all repair or maintenance shall conform with the requirements of this agreement as it app ed to the original development. 14. The Owner agrees that all vaults, containers, collection bi s and other facilities which may be required for the storage of garbage and other waste material shall be kept within a completely enclosed buildin or a completely enclosed container in the location as shown on Schedule B", . 15. The Owner agrees that, at its sole expense, all parking ar as provided on the "subject lands" shall be reasonably in all circumstances, aintained clear of snow so as not to prohibit or block or in any way restrict a ess along any driveway, walkway for vehicular and pedestrian traffic or uce the number of useable parking spaces below the minimum number of paces required by the Municipality's zoning by-law. The Owner agrees not to store snow on-site such that it blocks visibility adjacent to a street or drainag facilities on-site or where adequate drainage facilities are not provided or wh re melt water would adversely affect an abutting property. 16. The Owner agrees to maintain at its sole expense and in ood repair to the standards acceptable to the Municipality all landscaped 0 n space, private driveways and complementary facilities, and private app ch sidewalks which are located on untraveled portions of Municipality-o ed road allowances abutting the subject lands. 17. The Owner agrees that all facilities and matters required shall be provided and maintained at its sole risk and expe se and to the satisfaction of the Municipality and that in default thereof nd in the sole discretion of the Municipality, the Municipality may perfo such requirements at the expense of the Owner and such expense may be vered by the Municipality in like manner as municipal taxes within the eaning of Section 326 of the Municipal Act, R.S,O., 1990, c.M, 45, as amen ed. . 18. The Owner agrees to do the following: a) subject to The Public Transportation and Highway I provement Act, R.S.O. 1990, facilities, to provide access to and fro the lands such as access ramps and curbings and traffic direction sig b) to dedicate to the Municipality, free and clear of all Easements and lands required by the Municipality r the construction, maintenance and improvement of any existing or n wly required watercourses, ditches, land drainage works and sa itary sewage facilities on the land and, on request by the Munici ality, to deliver the properly executed documents in a form that can be registered, to the Municipality in order to complete the dedication to t e Municipality and to pay all costs incurred by the Municipality in resp ct to the aforementioned dedications; c) to, where required by Municipal resolution, dedicat to the Municipality widening of highways that abut on the land descri d in Schedule "A" attached hereto, free and clear of all encumbrance . . . ..4 . . . . Page 4 Site Plan Agreement 351411 ONTARIO LIMITED PART C . DEFINITIONS 19. In this Agreement and the Schedules attached hereto: i) "Building Area" shall mean the only area upon whic the erection and use of buildings and structures shall be permitted. ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental shrubs, flowers nd trees and may include space occupied by paths, walks, courts, pat os but shall not include parking areas, traffic aisles, driveways and amps, iii) "Parking Area" shall mean the areas of open space ther than a street to be used for the parking of motor vehicles and ac ss ramps and driveways to areas used for the parking of motor ve icles which shall be clear of buildings and structures except those a ssory to the operation of the parking area, and which shall be a ailable and maintained for the parking of motor vehicles includi g maneuvering aisles and other space necessarily incidental to the parking of vehicles. iv) "Natural Open Space" shall mean the areas of ope space which are to remain in a natural state with a minimum amount of maintenance, but shall not include areas of outside storage, parki g areas, traffic aisles, driveways or ramps, or Building Area, Natu I Open Space areas shall be subject to the requirements of the M intenance and Occupancy (Property Standards) By-Law as amen ed from time to time for the Municipality and shall be kept clear of I weeds and natural growth which is prohibited by other Municip I by-laws. Areas of Natural Open Space may include areas of Landsca ed Open Space. IN WITNESS WHEREOF the Municipality has hereto affixed its by the hand of its Mayor and Chief Administrative Officer this 2005. The parties have hereunto set their hands and seals this ~\A~ 2005. SIGNED, SEALED AND DELIVERED in the presence of C~.;.. Y\( (~ Witness / rporate seal attest +>, day of ~ J'...+ ..I-, day of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORA TI N OF THE MUNICIPAliTY 0 KINCARDINE Mayor - Glenn L- ~c-, Chief Administra John deRosenrol I HAVE AUTHO ITY TO BIND THE CORPORA ION ',y . , SCHEDULE "A" 351411 ONTARIO LIMITED . Firstlv: Lot 5 and Lot 6 and Part of Lot 4 in the Subdivision of Lot 12 So h of Broadway Street former Town of Kincardine now Municipality of Kincardine, County of Bruce, the part of Lot 4 being more particularly described as follows: PI n 61 COMMENCING at the Northeast angle of said Lot 4; THENCE Southerly along the Easterly limit thereof 19 feet; THENCE Westerly parallel to the Southerly limit of said Lot 4, 66 feet more or less to the Westerly limit of said Lot 4; THENCE Northerly along the Westerly limit of said Lot 4, 19 feet ore or less to the Northwest angle of said Lot 4; THENCE Easterly along the Northerly limit of said Lot 4, 66 feet ore or less to the point of commencement. . SAVE AND EXCEPT that part of Lot 4 in the Subdivision of Lot 1 ,South of Broadway Street, designated as Part 2 on Reference Plan 3R-2 89 As previously described in Instrument No. 200253. Second Iv: Part Lot 11 on the South side of Broadway Street, Plan 4, forme Town of Kincardine now Municipality of Kincardine, County of Bruce, more particula described as follows: COMMENCING at the Northeast angle of said Lot 11; THENCE Westerly along the Northerly limit of said Lot 11 a dista ce of 35 feet to a point; THENCE Southerly and parallel with the Easterly limit of said Lo 11 a distance of 82.31 feet to a point which is also the Northwesterly angle of Pa 3 on Reference Plan 3R-2289; . THENCE Easterly and parallel with the Southerly limit of said Lo 11 a distance of 35 feet more or less to the Easterly limit thereof; THENCE Northerly along the said Easterly limit a distance of 82. 1 feet to the Northeast angle of said Lot 11, being also the Point of Commen ment. TOGETHER WITH A RIGHT-OF-WAY in, over, along and upon e Easterly 5 feet of the lands immediately adjoining to the West of the lands here y conveyed by a depth of 70 feet from the Northerly limit of said Lot 11; AND SUBJECT TO A RIGHT-OF-WAY in, over, along and upon he Westerly 5 feet of the lands hereby conveyed by a depth of 70 feet from the No erly limit of said Lot 11; The said two strips of land form a mutual right-of-way for the occ pants from time to time of the premises on the land hereby conveyed and the occu ants of the house on the land immediately to the West thereof. . As previously described in Instrument No. 263855. . . . . ., SCHEDULE "B" 351411 ONTARIO LIMITED The "approved site plan" shall be the plan drawn by the Owner a d marked as the "approved site plan", signed by the Municipality's Chief Administ tive Officer and signed by the Owner with any changes marked in red and initial by the Chief Administrative Officer and the Owner. This "approved site plan" hall be filed with the Municipality's Chief Administrative Officer. '", SCHEDULE "C" · SITE DEVELOPMENT REQUIREMENTS 351411 ONTARIO LIMITED 1. The Owner agrees that the completion date for all work uired pursuant to this agreement shall be December 31, 2006. 2. The Owner agrees to prepare a grading and drainage pia acceptable to the Municipality and all surface and roof drainage shall be co trolled in accordance with the approved plans in a manner satisfa ry to the Municipality. 3. The Owner agrees that any floodlighting of the land shall e installed in such a manner so as to deflect the light away from adjacent st ets and properties or so controlled in intensity so as to prevent glare on adja nt streets and properties, 4. The Owner agrees to ensure during development of the" ubject lands" that appropriate devices are installed and measures taken to revent unreasonable erosion of soil from the site by wind or wat ,and the Owner agrees to abide by any request of the Municipality's Chief Building Official or Engineer in this regard, acting reasonably. · 5. The Owner agrees to install temporary fencing or otherwi e adequately protect all trees, shrubs and other vegetation which are to be retained, and such fencing shall be located not closer to any trees than he drip line of such trees, and the Owner agrees to abide by the requirement of the Municipality's Pubic Works Manager in this regard, acting reasonably. 6. The Owner agrees that any internal driveways which are designated as, a fire route shall be so designed so as to the Municipality's fire fighting equipment. 7. The Owner agrees to provide all landscaping as shown 0 the "approved site plan". All plantings shall be installed to the specifications nd requirements as indicated on the "approved site plan". ecessary for, and rry the weight of 8. The Owner agrees that the site and building shall be desi ned so as to provide unobstructed access for wheelchairs to at least 0 e main building entrance from the public sidewalk/street and one parking rea by use of sidewalk ramps of proper gradient and surfacing. · 9. The Owner agrees to appropriately and properly finish all ands lying between the "subject lands" and any and all abutting streets, whic without limiting the generality of the foregoing shall include the following: i) landscaping of lands lying between the street line nd property line not to be used for vehicular or pedestrian entrances wi h topsoil and sod/seed. ii) installation of driveways of proper width and grade rom the street line to the property line with asphalt, concrete or other ard surfacing acceptable to the Municipality's Engineer. iii) removal of existing driveways which are not to be sed with replacement by appropriate landscaping as detail above. · 10. The Owner agrees to obtain a building permit within six (6 months from the date of this agreement. Failure to obtain a building permit ithin the prescribed time period shall mean this agreement is null nd void. . . . . 11. The Owner agrees that all driveways and parking areas a indicated on the "approved site plan" shall be surfaced with asphalt, ceme t, or other hard surfacing acceptable to the Municipality's Engineer. 12. The Municipality's Chief Administrative Officer may agree n writing to minor variations to provisions of this agreement. Please note th all major variations must be approved by Council in the form of a S' e Plan amendment to this agreement. 13. The owner agrees to rectify the deficiencies as noted in C 0 Report #2005- 18.