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HomeMy WebLinkAbout04 071 site plan barry's e . e e THE CORPORATION OF TIlE MUNICIPALITY OF KINC INE BY-LAW NO. 2004 - 71 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE P AGREEMENT WITH BARRY'S CONSTRUCTION AND INSULATIO LTD. (Block 64 Plan 3M-147) 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 Corporation of the Munici ality of Kincardine deems it advisable to enter into a Site Plan Agreement with Ba s Construction and Insulation Ltd; NOW THEREFORE the Council for the Corporation of the Muni 'pality of Kincardine ENACTS as follows: That the The Corporation of the Municipality of Kincardine en r into a Site Plan Agreement with Barry's Construction and Insulation Limited to ensure appropriate development of those lands described as Parcel 64-9 Section 3 -147, being Part of Block 64 Plan 3M-147 (Town of Kincardine now in the Munici ality of Kincardine) designated as Parts 1, 2, 3, 4, 5, 6 on 3R-6298, County of B ce as being mor!,! particularty described in Schedule "A" of the attached Site Plan Agr ement. 1. That the Mayor and Chief Administrative Officer be authori d to sign, on behalf of the The Corporation of the Municipality of Kincardine the agreement with Barry's Construction and Insulation, which is attached to thi By-law as Schedule uA". 2. This By-law takes effect from the date of passage by Co ncil and comes into force and effect pursuant to the provisions of the Planning A ,1990. 3. This By-law may be cited as the "Barry's Construction (Lynden) Site Plan Agreement By-law." READ a FIRST, SECOND and a THIRD time and FINALLY PA SED this 19th day of May, 2004. ßM~ ..¡(A.. Mayor . ~ Province of Ontario Document General Form 4 Land Istratton Reform Act (1) Registry 0 Land Titles !XI Do Process Software Ltd. ' (416) 322·6111 D ~ (2) Page 1 of 9 pages li OSLf678 (3) Fcre1:G.Yr(s) Block Property Additional: See 0 Schedule (4) Nature of Document , Notice of Site Plan Agreement - S. 41(10) og Planning Act CËRTlFICATE OF REOEIPT BRUCE (3) WALKERTON (S) Conslderetlon None Dolla",S 'OLf JUl 27 RI'! 9 36 d-g/1;;'d~-& LAND REiìlSTRAR (6) Description Parcel 64-9, Section 3M-147, being Part of Block 64, Plan 3M-147, Town of Kincardine (now Mnnicipality of Kincardine), Connty of Bmce, designated as Parts 1, 2, 3, 4. 5 and 6 on Reference Plan 3R-6298. Additional: See 0 Schedule Additional: ~UI. 0 (7) This Document Contains: (a)_scription New Easement Plan/Sketch ¡ (b) Schedule for: o ¡ Description 0 Additional 0 Parties Other !XI IS) This urnent provides as follows: The C oration of the Mnnicipality of Kincardine has an unregistered estate, right, interest or eqnity in the land re tered in the name of Barry's Construction and Insnlation Ltd. as Parcel 64-9, Section 3M-147, inthe Rq8:e for the Land Title Division of Bmce No.3 and applies under Section 71 of the Land Titles Act for the en~ . a Notice of Site Plan Agreement in the register for the said parcel. Agreement attached as pages 2 - 9. Continued on Schedule 0 ument relates to InsÚ'ument number(s) Im!.Ç.. .......MTIº~..º.f.J1'!t..MJJ.mrnM.IT.¥..º~·Jç!N!;A!w.J.\'!~. þ.Y.... ..ª!!!!!X~.Qr.~~.~..!;:.M!~!!.~._........................................, (Muni pality) Signature(s) Date of Signature =----~·-~~f~ ..··..------·......·..............·.....................·..·---..·..---....·.....1'...·.........·1·...·..¡.....·. -............. ................................................................................................... C/o 313 Lambton Street, Kincardine, Ontario N2Z 2Y8 (12) Pa les) (Set out Status or Interest) Nam s) Signeture(s) Date of Signature Y M D · " ................................................................................._...............n.............. · " · .. · " · " · " · .. · " · .. ··..................··..·..---·..·---..------......................·..·..·..··---1---·......·....r-·...r..... ........------...................................................................r...............r....."I""..... »'AßR. ..:Iì..ǺNIì1'RºÇ.TIQN.N.m.~~!!Y.TIºN.l-m.... .............. ......-...................................................-........-..-..-......................... ....-..................................-.....-....._.............................................................. (13) for (14) Mun I Address of Property . Mnltile 625 Goderich Street, Port Elgin, Ontario NOH 2C3 (1S) Document Prepared by: Document prepared using Form'L Wale LandForms Fees and Tax Registration Fee MAHOOD & DARCY 313 Lambton Street P.O. Box 313 Kincardine, Ontario N2Z 2Y8 Tofal SITE PLAN AGREEMENT . This AGREEMENT made this !qlfA day of ~ ,2004. , BETWEEN: ' THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- BARRY'S CONSTRUCTION AND INSULATION LTD. hereinafter called the "Owner" of the Second Part. WHEREAS the OWner represents that it is the registered owner of those lands in the Municipality of Kincardine, County of Bruce, described in Schedule "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 Control Area By-Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended. AND WHEREAS the covenants, agreements, conditions and understandings herein contained on the part of the Owner and the Party of the Third Part, if any, shall run with the land and shalf enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns, as the case may be, and shall be appurtenant to the adjoining highways in the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner for himself and for all successors in title, HEREBY AGREES with the Municipality as follows: . PART A - GENERAL PROVISIONS 1. The parties to this agreement hereby agree that the Owner as herein stated is the registered owner of those lands described in Schedule "A" to this agreement and the lands affected by this agreement are as described in Schedule "A" to this agreement, hereinafter called the "subject lands". 2. The Owner hereby releases the Municipality, its servants, agents and contractors from any and all liability in respect of the proper maintenance and operation of the matters and facilities required by this agreement. 3. The Owner agrees to allow the Municipality at its sole expense and in its sole discretion to register or deposit this agreement in the Registry Office for the County of Bruce against the "subject lands". ~ .. .2 Page 2 Site Plan Agreement Barry's Construction and Insulation Ltd. · 4. The Owner will at all times indemnify and save harmless the Municipality on a solicitor and client basis from all loss, costs and damages which the Municipality may suffer, be at or be put to, for or by reason of the execution of this agreement. The Party of the Third Part joins herein to consent hereto and to bind its interest in the lands hereto. 5. The clauses of this agreement are independent and severable and the striking down or invalidation of anyone or more of the clauses does not invalidate all or any of the remaining clauses. 6. Nothing in this agreement shall relieve the Owner from complying 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 purpose of inspection of the works and the ·subject lands" or for any other purpose pursuant to the rights of the Municipality under this agreement. · PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 8. The Owner agrees to undertake development on the "subject lands", at its sole expense, in conformity with the site plan as detailed in Schedule ·B" attached hereto, which shall hereinafter be referred to as the "approved site plan". 9. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule "C" attached hereto. 10. a) Upon completion of the development of the ·subject lands" in conformity with the provisions of this agreement, the CAO shall issue a certificate of compliance. . "Certificate of compliance" shall mean a statement of the Municipality as to the substantial completion of the works, matters and facilities required by this agreement and shall not be deemed to certify compliance with any other municipal requirements, regulations, or by-laws, and the Municipality shall not be stopped from pursuing any or all of its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the subject lands. 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 development is done, and that until such certificate of compliance has been issued, in the event that the prescribed time period has lapsed, the Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the ·subject lands". b) · 12. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at its sole risk and expense and the Owner agrees the ·subject lands" will not impede or prohibit performance of the maintenance provided for in this agreement. . .. 3 Page 3 Site Plan Agreement Barry's Construction and Insulation Ltd. . 13. The Owner agrees to maintain in good repair and at its sole expense the "subject lands" in confonnity with the provisions of Schedule "B" (approved site plan) and Schedule "C" (site development requirements), and all other requirements pursuant to this agreement, and all repair or maintenance shall confonn with the requirements of this agreement as it applied to the original development. 14. The Owner agrees that all vaults, containers, collection bins and other facilities which may be required for the storage of garbage and other waste material shall be kept within a completely enclosed building or a completely enclosed container in the location as shown on Schedule "B". . 15. The Owner agrees that, at its sole expense, all parking areas provided on the "subject lands" shall be reasonably in all circumstances, maintained clear of snow so as not to prohibit or block or in any way restrict access along any driveway, walkway for vehicular and pedestrian traffic or reduce the number of useable parking spaces below the minimum number of spaces 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 drainage facilities on-site or where adequate drainage facilities are not provided or where melt water would adversely affect an abutting property. .' 16. The Owner agrees to maintain at its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untraveled portions of Municipality-owned road allowances abutting the subject lands. 17. The Owner agrees that all facilities and matters required by this Agreement shall be provided and maintained at its sole risk and expense and to the satisfaction of the Municipality and that in default thereof and in the sole discretion of the Municipality, the Municipality may perfonn such requirements at the expense of the Owner and such expense may be recovered by the Municipality in like manner as municipal taxes within the meaning of Section 326 of the Municipal Act, R.S.O., 1990, c.M. 45, as amended. 18. The Owner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbings and traffic direction signs; b) to dedicate to the Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the property executed documents in a fonn that can be registered, to the Municipality in order to complete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; - c) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule "A" attached hereto, free and clear of all encumbrances. .. .4 Page 4 Site Plan Agreement Barry's Construction and Insulation Ltd. . PART C - DEFINITIONS 19. In this Agreement and the Schedules attached hereto: i) "Building Area" shall mean the only area upon which the erection and use of buildings and structures shall be pennitted. ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and omamental shrubs, flowers and trees and may include space occupied by paths, walks, courts, patios but shall not include parking areas, traffic aisles, driveways and ramps. "Parking Area" shall mean the areas of open space other than a street to be used for the parking of motor vehicles and access ramps and driveways to areas used for the parking of motor vehicles which shall be clear of buildings and structures except those accessory to the operation of the parking area, and which shall be available and maintained for the parking of motor vehicles including maneuvering aisles and other space necessarily incidental to the parking of vehicles. iii) . iv) "Natural Open Space" shall mean the areas of open space which are to remain in a natural state with a minimum amount of maintenance. but shall not include areas of outside storage, parking areas, traffic aisles, driveways or ramps, or Building Area. Natural Open Space areas shall be subject to the requirements of the Maintenance and Occupancy (Property Standards) By-Law as amended from time to time for the Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested ~ hand of its Mayor and Chief Administrative Officer this /9 day of ~ 2004. The ~es have hereunto set their hands and seals this day of ~ ' 2004. .' SIGNED, SEALED AND DELIVERED in the presence of , !}.t!+ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ~Á Mayor - Glenn Sutton ~ ~ à~? ~^^ vc!I ~ mimstrative lcer - John deRosenroll· o. .'. - - -:. .. ... -- ~ Ba -- -~'-. ~-' .~.. I HAVE AlR"HØßITY:ro B THE CORPORAUÔN· . . . . . SCHE.DULE"A" Barry's Construction and Insulation Ltd. Parcel 64-9 Section 3M-147, being Part of Block 64 Plan 3M-147 (Town of Kincardine now in the Municipality of Kincardine) designated as Parts 1,2, 3,4, 5, 6 on 3R-6298, County of Bruce . . - . SCIj!:DULE "B" Barry's Construction and Insulation Ltd. The "approved site plan" shall be the plan drawn by the Owner and marked as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. . . . SCHEDUJ"E "C" 1. SITE DEVELOPMENT REQU1REMI;.NTS Barry's Construction and Insulation Ltd. The Owner agrees that the completion date for all work required pursuant to this agreement shall be December 31 ,2005. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. The OWner agrees that any floodlighting of the land shall be installed in such a manner so as to deflect the light away from adjacent streets and properties or so controlled in intensity so as to prevent glare on adjacent streets and properties. The Owner agrees to ensure during development of the "subject lands" that appropriate devices are installed and measures taken to prevent unreasonable erosion of soil from the site by wind or water, and the Owner agrees to abide by any request of the Municipality's Chief Building Official or Engineer in this regard, acting reasonably. 2. 3. 4. 5. The Owner agrees to install temporary fencing or otherwise 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 the drip line of such trees, and the Owner agrees to abide by the requirements of the Municipality's Pubic Works Manager in this regard, acting reasonably. 6. The Owner agrees that any internal driveways which are necessary for, and designated as, a fire route shall be so designed so as to carry the weight of the Municipality's fire fighting equipment. 7. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 8. The OWner agrees to appropriately and proper1y finish all lands lying between the "subject lands" and any and all abutting streets, which, without limiting the generality of the foregoing shall include the following: i) landscaping of lands lying between the street line and property line not to be used for vehicular or pedestrian entrances with topsoil and sod/seed. Ii) installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete or other hard surfacing acceptable to the Municipality's Engineer. iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 9. The Owner agrees to obtain a building permit within six (6) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. 10. The Owner agrees that all driveways and parking areas as indicated on the "approved site plan" shall be surfaced with asphalt, cement, or other hard surfacing acceptable to the Municipality's Engineer. - . 11. 12. . . . SCHEDULE "C" Paae #2 SITE PEVELOPMENT REQUIREMENTS Barry's Construction and Insulation Ltd. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the fonn of a Site Plan amendment to this agreement. The owner agrees to rectify the deficiencies as noted in CAO Report #2004-11.