HomeMy WebLinkAbout99 045 Sp - Ken Jackson/Robson
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THE CORPORATION OF TIlE TOWNSHIP OF KINCARDINE-BRUCE- TIVERTON
BY-LAW
NO. 1999-45
A BYLAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH 592068 ONTARIO LIMITED, KEN JACKSON AND
RICK ROBSON
WHEREAS THE Council for The Corporation of the Town of Kincardine deems it
advisable to enter into a site plan agreement with 592068 Ontario Limited, Ken
Jackson and Rick Robson;
NOW THEREFORE the Council for The Corporation of the Township of
Kincardine-Bruce- Tiverton ENACTS as follows:
1. That The Corporation of the Township of Kincardine-Bruce-Tiverton enter
into a site plan agreement with 592068 Ontario Ltd., Ken Jackson and
Rick Robson to ensure appropriate development of those lands described
as Part Lot 1 and Lot 2, Concession 2 S.D.R. in the Township of
Kincardine-Bruce-Tiverton (formerly Township of Kincardine), County of
Bruce and more particularly described in Schedule "A" of the attached site
plan agreement.
2.
That the mayor and clerk be authorized to sign on behalf of The
Corporation of the Township of Kincardi ne-Bruce-Tiverton , the agreement
with 592068 Ontario Limited, Ken Jackson and Rick Robson which is
attached to this by-law and to affix the Township's Corporate Seal as and
when required.
3. This by-law shall come into full force and effect on its final passing.
4. This by-law may be cited as the "Mudfest Site Plan Agreement By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 19th day
of May, 1999.
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NO. 1999-45
A BYLAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH 592068 ONTARIO LIMITED, KEN JACKSON AND
RICK ROBSON
WHEREAS THE Council for The Corporation of the Town of Kincardine deems it
advisable to enter into a site plan agreement with 592068 Ontario Limited, Ken
Jackson and Rick Robson;
NOW THEREFORE the Council for The Corporation of the Township of
Kincardine-Bruce-Tiverton ENACTS as follows:
1. That The Corporation of the Township of Kincardine-Bruce-Tiverton enter
into a site plan agreement with 592068 Ontario Ltd., Ken Jackson and
Rick Robson to ensure appropriate development of those lands described
as Part Lot 1 and Lot 2, Concession 2 S.D.R. in the Township of
Kincardine-Bruce-Tiverton (formerly Township of Kincardine), County of
Bruce and more particularly described in Schedule "A" of the attached site
plan agreement.
2. That the mayor and clerk be authorized to sign on behalf of The
Corporation of the Township of Kincardine-Bruce-Tiverton, the agreement
with 592068 Ontario Limited, Ken Jackson and Rick Robson which is
attached to this by-law and to affix the Township's Corporate Seal as and
when required.
3. This by-law shall come into full force and effect on its final passing.
4. This by-law may be cited as the "Mudfest Site Plan Agreement By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 19th day
of May, 1999.
Mayor
Clerk
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SITE PLAN AGREEMENT
THIS AGREEMENT made this C!)7v-L1ay of May, 1999.
BET WEE N:
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE·BRUCE-TIVERTON,
hereinafter called the "Township" of the First Part,
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592068 ONTARIO LIMITED,
hereinafter called the "Owner" of the Second Part,
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KEN JACKSON and RICK ROBSON,
hereinafter called the "Parties" of the Third Part,
WHEREAS the Owner represents that it is the registered owner of those lands 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 Township 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 Parties of the Third Part, shall run with the land and shall
enure to the benefit of and be binding upon the parties hereto and their respective heirs,
executors, administrators, successors and assigns, as the case may be, and shall be
appurtenant to the adjoining highways in the ownership of the Township;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval
of the plans for the development on the lands described in Schedule' A' by the Township and
the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner and
Parties of the Third Part, for themselves and for all successors in title, hereby agrees with the
Township as follows:
PART A - GENERAL PROVISIONS
1.
The parties 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".
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2. The Owner and Parties ofthe Third Part release the Township, 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 Township at its sole expense and in its sole discretion
to register or deposit this agreement with the Registry Office for the County of Bruce
against the "subject lands".
4. The Owner and Parties of the Third Part will at all times indemnify and save harmless
the Township on a solicitor and client basis from all loss, costs and damages which the
Township may suffer, be at or be put to, for or by reason of the execution of this
agreement.
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 and Parties of the Third Part from
complying with all applicable municipal requirements.
7.
The Owner and Parties of the Third Part grant to the Township, 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 Township under this agreement.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
8. The Owner and Parties of the Third Part agree to undertake development on the
"subject lands" at their 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 and Parties of the Third Part agree to provide, install or otherwise abide by,
at their 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 Township shall issue a certificate of
compliance.
(b)
"Certificate of Compliance" shall mean a statement of the Township 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 Township 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
Township's requirements, regulations or by-laws which relate to the subject
lands.
11. The Owner and the Parties of the Third Part hereby acknowledge that failure to
complete all required works within the time prescribed and required by the Township
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 thatthe prescribed time period has lapsed, the Township has
the right to refuse issuance of any permit necessary to carry out any additional work
on the "subject lands".
12. The Owner and Parties of the Third Part agree to maintain in good repair and at their
sole expense the "subject lands" in conformity with the provisions of Schedule 'B'
(apþroved site plan) and Schedule 'C' (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.
13. The Owner and Parties of the Third Part agree that all vaults, container, collection bins
and other facilities which may be required for the storage of garbage and other waste
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material shall be kept within a completely enclosed building or a completely enclosed
container in the location as shown on Schedule 'B'.
14.' The Owner and Parties of the Third Part 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 Township and that in default thereof and in the sole
discretion of the Township, the Township may perform such requirements at the
expense of the Owner and the Parties of the Third Part and such expense may be
recovered by the Township 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.
15. The Owners and Parties of the Third Part agree 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.
PART C - DEFINITIONS
16. 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.
Oi)
"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.
(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 by the
Township and shall be kept clear of all weeds and natural growth
which is prohibited by other Township by-laws. Areas of Natural
Open Space may include areas of Landscaped Open Space.
IN WITNESS WHEREOF the parties have executed this agreement.
THE CORPORATION OF THE TOWNSHIP OF
KINCARDINE-BRUCE- TIVERTON
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Rick Robson
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SCHEDULE 'A'
Part of Lot One (1) and all of Lot Two (2), in the Second Concession, South of the durham
Road, in the Township of Kincardine-Bruce-Tiverton (formerly Township of Kincardine), County
of Bruce, more particularly described as follows:
BEGINNING at the North west angle of said Lot 1;
THENCE Easterly along the North limit of said Lot 1, a distance of 165 feet to the point of
commencement;
THENCE Southerly and parallel to the Westerly limit of said Lot 1, a distance of 1,056 feet;
THENCE Westerly and parallel to the North limit of said Lot 1, a distance of 165 feet to the
westerly limit of said Lot 1;
THENCE Southerly along the Westerly limit of said Lot 1 to the South west angle of said Lot
1 ;
THENCE Easterly along the Southerly limits of said Lots 1 and 2 to the South Easterly angle
of said Lot 2;
THENCE Northerly along the Easterly limit of said Lot 2 to the North west angle of said Lot
2;
THENCE Westerly along the Northerly limits of said Lots 2 and 1 to the point of
commencement.
SAVE AND EXCEPT THEREFROM the southerly 17 feet of said Lots 1 and 2 conveyed to the
Township of Kincardine for widening of the road allowance by Registered Instrument Number
18399.
AND FURTHER SAVE AND EXCEPT Parts 1 and 2 according to Plan 1044, expropriated by
the Ministry of Transportation and Communications for the purpose of constructing King's
Highway 21.
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SCHEDULE 'C'
1. The Owner and Parties of the Third Part agree that the completion date for all work
required pursuant to this agreement shall be as prescribed by the Township.
2. The Owner and Parties of the Third Part 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.
3. The Owner and Parties of the Third Part 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 Owner and Parties
of the Third Part agree to abide by any request of the Saugeen Valley Conservation
Authority in this regard, acting reasonably.
4. The Owner and Parties of the Third Part agree 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 Township's fire fighting equipment.
5.
The Township administrator may agree in writing to minor variations to provisions of
this agreement, and such minor variations shall not constitute an amendment to this
agreement.
SCIIED1JLJ! ... m SITE PWlII!lIBBBD m III IY-LAII 1999-45
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KEN JACKSIJN
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SCALE 1'3000
ALL DEMENSIDNS ARE IN METERS
This 18 Schedule "B" to Site PIau
Refened to 10 By-Law 1999-45 and Paned thb
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