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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2000 -144
A BYLAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH MATCHETT FINANCIAL SERVICES INC. AND
MATCHETT FINANCIAL INVESTMENTS INC.
WHEREAS the Council for the Corporation of the Municipality of Kincardine
deems it advisable to enter into a Site Plan Agreement with Matchett Financial
Services Inc. and Matchett Financial Investments 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 Matchett Financial Services Inc. and Matchett
Financial Investments Inc. to ensure appropriate development of those
lands described in Schedules "A", "B" and "C" of the attached Site Plan
Agreement.
2.
That the Mayor and Chief Administrative Officer be authorized to sign on
behalf of the Corporation of the Municipality of Kincardine the Agreement
with Matchett Financial Services Inc. and Matchett Financial Investments
Inc. which is attached to this By-law and to affix the Municipality's
corporate seal as and when required.
3. This By-law shall come into full force and effect upon its final passage.
4. This By-law may be cited as the "Matchett Site Plan Agreement By-law".
READ a FIRST and SECOND time this 27th day of September, 2000.
READ a THIRD time and DEEMED TO BE PASSED this 8th day of
November, 2000.
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DY£ & DURH~M co. INC._Form No. 985
Amended NOV. 1992
Document General
Form 4 - land Registration Reform Act
o
(1) Regllllry []I
land Titles 0 (2) Page 1 of 12
pages
Number
CERTIFICATE OF REGISTRATION
'01 MAY -8 P/2 :27
356393
(3) Property
Identllier(s)
Block
Property
Additional:
See 0
Schedule
(4) Nalule of Document
Site Plan Agreement - s.41(10) Planning Act
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(5) Consideration
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BRUCE
No. 3 (If'-
WALKERTOI/. .
Jo...-tf .. (8) Description
LAND REGISTAA.. .
Firstlv: Parts of subdivision Lots 1 and 3 and whole Lot 2
of Lot 8, more particularly described in Schedule attached
as page 7. Secondly: Parts of Lots 3 and 4 in the
subdivision of Lot a,more particularly described in Schedule
attached as page 8. Thirdlv, Parts of subdivision Lots 1 and
2 in the subdivision of Lot 9, AND subdivision Lots 3 and 4
in the subdivision of Lot 9, TOGETHER WITH A RIGHT OF WAY
being more particularly described on Schedule attached as
page 9. ALL Plàn 61, North Side of Durham Street, the Town
of Kincardine (now Municipality of Kincardine), County of
Bruce
Dollars $None
New Property Identifiers
Additional:
See
Schedule
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Additional:
S..
Schedule
(7) This
Document
o Contains:
(a) Redescription
New Easement
PlanlSkelch
(b) Schedule tor:
D
Description 0
Additional
Parlles D Other IîI
This Document provides as follows:
Site Plan Agreement attached hereto as pages 2 - 12.
Continued on Schedule IX]
(9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Slatus or Interesl)
Name(s)
Signature(s)
. Date of Signature
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THE CORPORATIOO OF THE
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MUNICIPALITY OF KINCARDINE
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(Municipality)
(11) Address rd
10r5ervlca c/o 313 Lambton Street, Kines ine, Ontario NZZ 2Y8
(12) Party('es) (Set oul Status or Interast)
Name(s) Slgnature(s)
Date of Slgnalure
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(Owners)
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(13) Address 886 Queen Street, Kincard!n. e¡ Ontari,o. tnz 2Y2
for Service
Municipal Address 01 Property (15) Docttmeht Prepared by,
MAmOD &.. DMUJY'
MUltiple 313 tambtan Street
Kincatdl.iie ¡Ontario
NZZ 2Y8 I
Fees and Tax
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SITE PLAN AGREEMENT
ThiSAGREEMENTmadethiSJL~/ day of VV1.L1 "A~.IId"'OO..Q.
BElWEEN: ~'
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
-and-
MATCHETT FINANCIAL SERVICES INC.
-and-
MATCHETT FINANCIAL INVESTMENTS INC.
hereinafter called the "Owners"
of the Second Part.
,
WHEREAS the Owners represent that they are the registered owners of those
lands in the Municipality of Kincardine, County of Bruce. described in SChedules
"A", "B" and "CD 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 Schedules "A", "B" and "C" 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 Owners 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 Owners for themselves 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 Owners as herein
stated are the registered owners of those lands described in Schedules
"A", "BD and "C" to this agreement and the lands affected by this
agreement are as described in Schedules "A", "B" and "C" to this
agreement, hereinafter called the "subject lands".
2. The Owners hereby release 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.
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3.
The Owners agree 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 - Matchett Financial
4.
The Owners 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 Owners from complying with all
applicable municipal requirements.
7. The Owners hereby grant to the Municipality, its servants, agents and
contractors a license to enter the "subject lands" for the purpose of
inspection of the wor1<s 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 OWners agree to undertake development on the "subject lands", at
their sole expense, in conformity with the site plan as detailed in Schedule
"D" attached hereto, which shall hereinafter be referred to as the
"approved site plan".
9. The Owners agree to provide, install or otherwise abide by, at their sole
expense, the site development requirements as detailed in Schedule "E"
attached hereto.
10. a)
Upon completion of the development of the "subject lands" in
conformity with the provisions of this agreement, the Municipality
shall issue a certificate of compliance.
b)
"Certificate of compliance" shall mean a statement of the
Municipality as to the substantial completion of the wor1<s, 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 Owners 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 Owners hereby acknowledge that failure to complete all required
works within the specified time period shall mean a certificate of
compliance will not be issued until such wor1< 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 wor1< on the "subject lands".
12. All maintenance and repair of facilities and matters required by this
agreement shall be done by the Owners from time to time at their sole risk
and expense and the OWners agree the 'subject lands· will not impede or
prohibit performance of the maintenance provided for in this agreement.
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Site Plan Agreement - Matchett Financial
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13. The Owners agree to maintain in good repair and at their sole expense the
"subject lands" in conformity with the provisions of Schedule "D" (approved
site plan) and Schedule "E" (site development requirements), and all other
requirements pursuant to this agreement, and all repair or maintenance
shall conform with the requirements of this agreement as it applied to the
original development.
14. The Owners agree 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 "D".
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15. The Owners agree that, at their 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 Owners agree
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 Owners agree to maintain at their 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 Owners agree that all facilities and matters required by this
Agreement shall be provided and maintained at their 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
perform such requirements at the· expense of the Owners 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, RS.O.,
1990, c.M. 45, as amended.
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18. The Owners agree to do the following:
a) subject to The Public Transportation and Highway Improvement
Act, RS.O. 1990, facilities, to provide access to and from the lands
such as access ramps and curbings and traffic direction signs;
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c)
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 properly executed documents in a form 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;
to, where required by Municipal resolution, dedicate to the
Municipality widening of highways that abut on the land described
in Schedules "A", "B" and "C" attached hereto, free and clear of all
encumbrances.
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Site Plan Agreement - Matchett Financial
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.
"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)
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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· Mayor and Chief Administrative Officer this
~ day OO...Q.. e parties have hereunto
set t r hands and seals this day of
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SIGNED, SEALED AND DELIVERED )
in the presence of )
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THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
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Mayor - Gord Thompson
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Chief Administrative Officer-
John deRosenroll
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Site Plan Agreement - Matchett Financial
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Matchett Financial Services Inc.
ave authority to bind the
Corporation
Matchett Financial Investments
Inc.
Janice Matchett, President
I have authority to bind the
Corporation
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SCHEDULE "A"
Parts of Subdivision Lots 1 and 3 and whole Lot 2 of Lot 8, north side of Durham
Street, Plan 61, Town of Kincardine, in the County of Bruce and being more
particularly described as follows:
COMMENCING at a point in the easterly boundary of Subdivision Lot 1 a
distance of 8 feet southerly from the northeast angle thereof;
THENCE northerly along the easterly boundaries of Subdivision Lots 1, 2 and 3 a
distance of 50 feet to a point;
THENCE westerty and parallel to the southerly boundary of said lots to the west
limit of Lot 3;
THENCE southerly along the westerly boundary of said lots a distahce of 50 feet
to a point,
THENCE easterty and parallel to the southerly boundary of Subdivision Lot 1 to
the point of commencement.
TOGETHER WITH a tight of way at all times for persons, horses and vehicles
over the westerly ten feet, perpendicular with Subdivision Lot 1 excepting the
northerly eight feet thereof. '
Previously described in Instrument #262095.
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SCHEDULE "B"
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Parts of Lots 3 and 4 in the subdivision of Lot 8, North Side of Durham Street,
Plan 61, Municipality of Kincardine (formerly Town of Kincardine), County of
Bruce and Province of Ontario and being more particularly descñbed as follows:
COMMENCING at a point in the Easterly boundary of said Lot 4 at a distance of
10 feet South from the Northeast angle thereof;
THENCE South along said boundary 38 feet to a point;
THENCE Westerly parallel with the North boundary of said Lots to the Western
boundary of said Lot 3;
THENCE Northerly along the Westem boundary of said Lots to a point 10 feet
South from the North boundary of said Lot 4;
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THENCE Easterly parallel with the North boundary to the place of beginning.
TOGETHER WITH A RIGHT-OF-WAY over the Westerly 10 feet of subdivisions
1, 2 and 3 and the Southerly part of Lot 4 of said Lot 8, forming a right-of-way for
vehicles or on foot from the North limit of Durham Street in the said Municipality
to the Southerly limit of the land hereby conveyed.
As described in Instrument Number 254290.
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SCHEDULE "C"
ALL and Singular that certain parcel or tract of land and premises, situate, lying
and being in the Town of Kincardine, in the County of Bruce and Province of
Ontario, and being composed of,
FIRSTLY: Parts of subdivision lots numbers ONE (1) and Two (2), Plan 61, in
the subdivision of lot number NINE (9) on the North side of Durham Street in the
said Town of Kincardine and being more particularly described as follows:
COMMENCING at the South East angle of lot number THREE (3) in the said
subdivision;
THENCE Northerly along the Easterly limits of Lots THREE (3) and FOUR (4) in
said subdivision to the North East angle of said lot number FOUR (4);
THENCE Easterly along the Northerly limits of said lots numbers TWO (2) and
ONE (1) to the North East angle of said lot number ONE (1);
THENCE Southerly along the Easterly limit of said lot number ONE (1) to a point
FIFTY (50) feet measured northerly thereon from the South East angle of said
lot;
THENCE in a Westerly direction parallel to the Northerly limits of said lots ONE
(1) and TWO (2) to the Point of Commencement.
SECONDLY: Subdivision lots numbers THREE (3) and four (4), Plan 61, in the
subdivision of lot number NINE (9) on the North side of Durham Street in the said
Town of Kincardine.
as previously described in Instrument No. 0351718.
TOGETHER WITH RIGHT OF WAY over the Easterly TEN (10) feet of the
Southerly FIFTY (50) feet of subdivision lot ONE (1), Plan SIXTY-ONE (61), In
the subdivision of lot number NINE (9) on the North side of Durham Street in the
said Town of Kincardine, in the County of Bruce.
as previously described in Instrument No. 0351718.
said lands noW in Municipality of Kincardine.
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SCHEDULE "D"
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The "approved site plan" shall be the plan drawn by the Owners and marked as
the "approved site plan", signed by the Municipality's Chief Administrative Officer
or deputy, signed by the Owners and with any changes marked in red and
initialed by the Chief Administrative Officer or deputy and the Owners. This
"approved site plan" shall be filed with the Municipality's Chief Administrative
Officer.
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SCHEDULE "E"
SITE DEVELOPMENT REQUIREMENTS
1. The Owners agree that the completion date for all work required pursuant
to this agreement shall be December 31. 2002.
2. The Owners agree 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.
3. The Owners agree 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.
4.
The Owners agree 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
Owners agree to abide by any request of the Municipality's Chief Building
Official or Engineer in this regard, acting reasonably.
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5. The Owners agree 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 Owners agree to abide by the requirements of the
Municipality's Pubic Works Manager in this regard, acting reasonably.
6. The Owners agree that any intemal 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 Owners agree 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".
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8.
The Owners agree 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 Owners agree 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 pedestñan 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 appropñate landscaping as detailed above.
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10. The Owners agree 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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11. The Owners agree 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.
12. 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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