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mE CORPORATION OF mE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2000-127
A BYLAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH COMMERCIAL ALCOHOLS INC.
WHEREAS the Council for the Corporation of the Municipality of Kincardine
deems it advisable to enter into a Site Plan Agreement with Commercial Alcohols
Inc.;
AND WHEREAS the Ontario Planning Act R.S.O, 1990, P. 13, Section 41,
authorizes municipalities to enter into Site Plan Agreements;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1, That the Corporation of the Municipality of Kincardine enter into a Site
Plan Agreement with Commercial Alcohols Inc. to ensure appropriate
development of those lands described as Parcel 5-1, Section 3M-113,
being Lot 5, Plan 3M-113, Township of Bruce, now Municipality of
Kincardine, County of Bruce, said lands being more particularly described
in Schedule "A" of the attached Site Plan Agreement.
2. That the specific approval of building #6 (Cover-All Building) be subject to
a building code verification by the Chief Building Official.
That the Mayor and Chief Administrative Officer be authorized to sign on
behalf of The Corporation of the Municipality of Kincardine the Agreement
with Commercial Alcohols Inc. which is attached to this By-law and to affix
the Municipality's corporate seal as and when required.
4. This By-law shall come into full force and effect upon its final passage.
3.
5. This By-law may be cited as the "Commercial Alcohols Inc. Site Plan
Agreement By-law".
READ a FIRST, SECOND, and THIRD time and DEEMED TO BE PASSED
this 18th of October, 2000.
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Mayor
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OERTIFICATE Of ReCEIPT
BRUCE (3) WALI\ERTON
Jj) -.. ~,.u_ SECTION 41 OF THE PLANNING ACT
SITE PLAN CONTROL AGREEMENT
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Parcel 5-1, Section 3M-113, being Lot 5,
Plan 3M-113, Township of Bruce, now
Municipality of Kincardine, County of
Bruce, subject to an easement over part of
said Lot 5, designated as Part 1 on
Reference Plan 3R-3861 set out in
Instrument Number 17660.
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Site Plan Control Agreement made pursuant to Section 41 of the Planning
Act, R.S.O. 1990, Chapter P.13, as amended.
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No_I') THE CORPORATION OF THE
~ MUNICIPALITY OF KINCARDINE
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707 Queen Street, Kincardine, Ontario N2Z IZ9
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Municipality of
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WHITE, DUNCAN, OSTNER &
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Page 2
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SCHEDULE TO A DOCUMENT GENERAL
SITE PLAN AGREEMENT
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This AGREEMENT made this
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
day of
hereinafter called the "Municipality"
of the First Part,
-and-
COMMERCIAL ALCOHOLS INC.
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 shall 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".
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Site Plan Agreement - Commercial Alcohols Inc.
The Owner Viill 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 o~ this agreement. The Party of the Third Part joins herein to
consent hereto and to bind its interest in the lands hereto.
5. The clause~ of this agreement are independent and severable and the
striking dow~ or invalidation of anyone or more of the clauses does not
invalidate alii or any of the remaining clauses.
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6. Nothing in t~is agreement shall relieve the Owner from complying with all
applicable rtjunicipal requirements.
4.
7. The Owner ¡hereby grants to the Municipality, its servants, agents and
contractors ~ license to enter the "subject lands· for the purpose of
inspection 0' the works and the "subject lands· or for any other purpose
pursuant to 'he rights of the Municipality under this agreement.
· PART B - SITE D~VELOPMENT AND MAINTENANCE PROVISIONS
8.
9.
10.
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The Owner agrees to undertake development on the "subject lands", at its
sole expensß, in conformity with the site plan as detailed in Schedule "B"
attached hereto, which shall hereinafter be referred to as the ·approved
site plan". !
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The Owner ¡agrees to provide, install or otherwise abide by, at its sole
expense, th~ site development requirements as detailed in Schedule ·C"
attached hereto.
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a) Uponl completion of the development of the "subject lands" in
conf~rmity with the provisions of this agreement, the Municipality
shall Issue a certificate of compliance.
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b) "Certificate of compliance" shall mean a statement of the
Muniçipality as to the substantial completion of the works, matters
and facilities required by this agreement and shall not be deemed
to ~rtify 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.
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11. The Owner I 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
developmel'1t is done, and that until such certificate of compliance has
been isSUecl, 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·.
12. All mainten¡:.¡nce 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.
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Sitr Plan Agreement - Commercial Alcohols Inc.
13. The Owner grees to maintain in good repair and at its sole expense the
·subject Ian s" in conformity with the provisions of Schedule "B" (approved
site plan) an Schedule "CO (site development requirements), and all other
requiremen pursuant to this agreement, and all repair or maintenance
shall confo with the requirements of this agreement as it applied to the
original dev lopment.
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14. The Owner agrees that all vaults, containers, collection bins and other
facilities wh ch may be required for the storage of garbage and other
waste mate 'al shall be kept within a completely enclosed building or a
completely nclosed container in the location as shown on Schedule ·B".
15. The Owner grees that, at its sole expense, all parking areas provided on
the ·subject lands" shall be reasonably in all circumstances, maintained
clear of sno so as not to prohibit or block or in any way restrict access
along any d1veway, walkway for vehicular and pedestrian traffic or reduce
the numberl.0f useable parking spaces below the minimum number of
spaces req ired by the Municipality's zoning by-law. The Owner agrees
not to store now on-site such that it blocks visibility adjacent to a street or
drainage fa ilities on-site or where adequate drainage facilities are not
provided or here melt water would adversely affect an abutting property.
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16. The Owner grees to maintain at its sole expense and in good repair to
the standar s acceptable to the Municipality all landscaped open space,
private driv ways and complementary facilities, and private approach
sidewalks w ich are located on untraveled portions of Municipality-owned
road allowa ces abutting the subject lands.
17. The Owner agrees that all facilities and matters required by this
Agreement hall be provided and maintained at its sole risk and expense
and to the s tisfaction of the Municipality and that in default thereof and in
the sole dis retion of the Municipality, the Municipality may perform such
requiremen at the expense of the Owner and such expense may be
recovered b the Municipality in like manner as municipal taxes within the
meaning of ection 326 of the Municipal Act, R.S.O., 1990, coM. 45, as
amended.
· 18. The Owner grees to do the following:
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a) subje to The Public Transportation and Highway Improvement
Act, .S.O. 1990, facilities, to provide access to and from the lands
such s access ramps and curbings and traffic direction signs;
b)
to de~icate to the Municipality, free and clear of all encumbrances,
all E sements and lands required by the Municipality for the
cons uction, maintenance and improvement of any existing or
newl required watercourses, ditches, land drainage works and
requi,-ed watercourses, ditches, land drainage works and sanitary
sewie facilities on the la. nd and, on request by the Municipality, to
deliv r the properly executed documents in a form that can be
regis red, to the Municipality in order to complete the dedication to
the lYJunicipality and to pay all costs incurred by the Municipality in
resp¡ct to the aforementioned dedications;
to, ;here required by Municipal resolution, dedicate to the
Muni ipal widening of hig. hways that abut on the land described in
Sche ule "A· attached hereto, free and clear of all encumbrances.
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Site Plan Agreement - Commercial Alcohols Inc.
t 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 permitted.
ii) "Landscaped Open Space" shall mean the areas of open space
comprised of lawn and ornamental 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.
iii)
"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.
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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 by. .the hand of its a or and Chief Administrative Officer this
/&YU day of 200~. The J1irties have hereunto
set their hands and seals this day of <--(J/f' at ~ ,
· 200Q......
SIGNED, SEALED AND DELIVERED
in the presence of
JrJAV-'J ð17~ "7
Witness
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THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
~r
Mayor - Gord Thompson
~-6- - ~4n~J
Cnlef Administrative Officer-
John deRosenroll
COMMERCIAL ALCOHOLS INC.
PI&~<kin
I have authority to bind the
corporation.
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Page 6
SCHEDULE "A"
Site Plan Agreement - Commercial Alcohols Inc.
Parcel 5-1, Section 3M-113, being Lot 5, Plan 3M-113, Township of Bruce, now
Municipality of Kincardine, County of Bruce, subject to an easement over part of
said Lot 5, designated as Part 1 on Reference Plan 3R-3861 set out in
Instrument No. 17660.
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SCHEDULE "B"
Site Plan Agreement - Commercial Alcohols Inc.
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
or deputy, signed by the Owner and with any changes marked in red and initialed
by the Chief Administrative Officer or deputy and the Owner. This "approved site
plan" shall be filed with the Municipality's Chief Administrative Officer.
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SCHEDULE"C"
Site Plan Agreement - Commercial Alcohols Inc.
SITE DEVELOPMENT REQUIREMENTS
1.
The Owner agrees that the completion date for all work required pursuant
to this agreement shall be December 31,2001.
2.
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.
3.
4.
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.
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 that, the site and building shall be designed so as to
provide unobstructed access for wheelchairs to at least one main building
entrance from the public sidewalk/street and one parking area by use of
sidewalk ramps of proper gradient and surfacing.
9. The Owner agrees to appropriately and properly 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.
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 within the
prescribed time period shall mean this agreement is null and void.
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SCHEDULE "C"
Page 2
Site Plan Agreement - Commercial Alcohols Inc.
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.
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 form of a Site Plan
amendment to this agreement.
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