HomeMy WebLinkAbout99 159 Sp - Ontario Inc. Agree
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THE CORPORATION OF THE TOWNSHIP OF KINCARDlNE-BRUCE-TIVERTON
BY-LAW
No. 1999 -159
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT
WITH ONTARIO INC. #1330204
WHEREAS the Council for The Corporation of the Township of Kincardine-Bruce- Tiverton
deems it advisable to enter into a Site Plan Agreement with Ontario Inc. #1330204;
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 Ontario Inc. #1330204 to ensure appropriate development of
those lands described as Part Lot 1, Concession 1, S.D.R. (South of Durham Road),
in the Township of Kincardine-Bruce-Tiverton (formerly in the Town of Kincardine),
in the County of Bruce, said lands being 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 Ontario Inc. #1330204
which is attached to this By-law and to affix the Township's corporate seal as and
when required.
3. Pursuant to By-law 1999-78, Council exempts this Site Plan from the requirements
of a market study for Building "A" (as shown on Schedule "B" of the attached Site
Plan Agreement) only.
4.
That the holding zone designation be lifted from the area of land designated by the
Site Plan Control Application.
5.
Proposed buildings "B", "C" and "0" (as shown on Schedule "B" of the attached Site
Plan Agreement) on Ontario Inc. #1330204 Site Plan shall be subject to conformity
with the former Town of Kincardine Official Plan and former Town of Kincardine
Zoning By-law 1988-1, as amended by Township of Kincardine-Bruce- Tiverton By-
laws 1999-10 and 1999-78, prior to Building Permit Application.
6. This By-law shall come into full force and effect on its final passing.
7. This By-law may be cited as the "Business Park Phase II Site Plan Agreement By-
law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 22nd day of
December, 1999.
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CERTIFICATE OF REGISTRATION
BRUCE(3)WALKERTON
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SITE PLAN CONTROL AGREEMENT
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~;REGISTRAR
Part of Lot 1, Concession 1, South of the
Durham Road (formerly in the Township of
Kincardine), now in the Municipality of
Kincardine, in the County of Bruce and
designated as Part 1 on Plan 3R-7148.
New Propoerty klenlm.,.
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Site Plan Control Agreement made pursuant to section 41 of the
Planning Act, R.S.O. 1990, c. P.13, as amended.
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Continued on Schedule
(10) Porty(Ieo)(Sel oul S~luo or Inlo,..t)
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~ CORPORATION OF THE MUNICIPALITY
Signalure(a)
Date of Signature
Y II D
2000 ,03 ;21
Per:
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KINCARDINE
Albert L. stner
by its Solicitor, Albert L. Ostner
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(11) ,.....,_
hw~ 707 Queen Street Kincardine, Ontario N2Z 1Z9
(12) P.rty(1eo) (Sol oul Stotus or Interest)
Name(s)
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Signature(a)
Date of Signature
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unioipal Add'... of Property
(15) Docu....t Prepared Ity:
Reg ¡.tratlon Fee
Fe.. and Tax
Municipality of
Kincardine
County of Bruce
WHITE, DUNCAN, OSTNER
& LINTON
45 Erb Street East
Waterloo, ontario
ALO:ct #026990
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Page 2
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SCHEDULE TO A DOCU~mNT GENERAL
SITE PLAN AGREEMENT
This AGREEMENT made this twenty-second day of December. 1999.
BE1WEEN:
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE-BRUCE-
TlVERTON
hereinafter called the "Township·
of the First Part,
-and-
1330204 Ontario Inc....aIlOOlUlI3t
hereinafter called the "Owner"
of the Second Part.
WHEREAS the Owner represents that he is the registered owner of those lands
in the Township of Kincardine-Bruce- TlVerton, 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 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 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 Township.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration
of the approval of the plans for the development on subject parcel of land by the
Township 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 Township 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 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 in the Registry Office for
the County of Bruce against the "subject lands".
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Page 2
Site Plan Agreement
4.
The owner 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. 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 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 agrees to undertake development on the "subject lands", at his
sole expense, in conformity with the site plan as detailed in Schedule "S"
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 his 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 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
Township has the right to refuse issuance of any permit necessary to carry
out any additional work on the "subject lands".
12. All maintenance and repair of facilities and matters required by this
agreement shall be done by the Owner from time to time at his sole risk
and expense and the Owner agrees the "subject lands" will not be issued
in any matter which will impede or prohibit performance of the
maintenance provided for in this agreement.
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Page 3
Site Plan Agreement
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13. The Owner agrees to maintain in good repair and at his sole expense the
"subject lands" in conformity 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 conform 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".
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15. The Owner agrees that, at his 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 Township'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.
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16. The Owner agrees to maintain at his sole expense and in good repair to
the standards acceptable to the Township all landscaped open space,
private driveways and complementary facilities, and private approach
sidewalks which are located on untraveled portions of Township-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 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 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.
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 Township, free and clear of all encumbrances, all
Easements and lands required by the Township 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 Township, to
deliver the properly executed documents in a form that can be
registered, to the Township in order to complete the dedication to
the Township and to pay all costs incurred by the Township in
respect to the aforementioned dedications;
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c)
to, where required by Township resolution, dedicate to the
Township widening of highways that abut on the land described in
Schedule "A" attached hereto, free and clear of all encumbrances.
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Site Plan Agreement
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 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 Township has hereto affixed its corporate seal
attested by the hand of its Mayor and Chief Administrative Officer this twentv-
second day of December, 1999. The parties have hereunto set their hands and
seals this twenty-second day of December, 1999.
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SIGNED, SEALED AND DELIVERED
in the presence of
Witness
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r'o..d
Witness
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) Chief Administrative Officer-
) John deRosenroll
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THE CORPORATION OF THE
TOWNSHIP OF KINCARDINE-
BRUCE- TIVERTON
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.., Mayor - Go JàlTell .
1330204 ONTARIO INC.
mMIItl(J~~M
f~
Rami Y. Goldman, President
I have authority to bind the
Corporation.
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SCHEDULE "A"
Part of Lot 1, Concession 1, South of the Durham Road, (formerly in the
Township of Kincardine), now in the Municipality of Kincardine, in the County of
Bruce, designated as Part 1 on Plan 3R-7148.
Registry Division of Bruce (No.3).
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SCHEDULE "B"
For greater certainty, the approved Site Plan has been prepared by Traugott
Construction (Kitchener) Umited and is dated January 10, 2000 and can be
viewed at the Clerk's Office, Municipality of Kincardine, 707 Queen Street,
Kincardine, Ontario N2Z 1Z9.
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SCHEDULE "C"
SITE DEVELOPMENT REQUIREMENTS
1.
The Owner agrees that the completion date for all work required pursuant
to this agreement shall be Januarv. 2001.
2.
The Owner agrees to prepare a grading and drainage plan acceptable to
the Township and all surface and roof drainage shall be controlled in
accordance with the approved plans in a manner satisfactory to the
Township.
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 Township'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
Township'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 Township'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.
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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 Township'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"
SITE DEVELOPMENT REQUIREMENTS
Page 2
11. 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 Township's Engineer.
12. The Township's Chief Administrative Officer may agree in writing to minor
variations to provisions of this agreement and such minor variations shall
not constitute an amendment to this agreement.
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BUSINESS PARK PHASE II SITE PLAN AGREEMENT
INITIAL SITE PLAN AGREEMENT
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SITE PLAN AGREEMENT
This AGREEMENT made this 22nc1
BETWEEN:
day of Dec_her
. 199.JL.
.
THE CORPORATION OF THE TOWNSHIP OF KlNCARDINE-BRUCE-
. TIVERTON
hereinafter called the "Township"
of the First Part,
-and-
OIitario Inc., '1330204
hereinafter called the "
of the Second Part.
"
WHEREAS the Owner represents that he is the registered owner of those lands in the
Township of Kincardine-Bruce-Tiverton, 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 Township has enacted a Site Plan Control Area By-Law pursuant
to the provisions of Section 41 of the Planning Act, RS.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 Township.
;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
approval of the plans for the development on subject parcel ofland by the Township 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 Township 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 descnöed 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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Page 7 of 14
2. The Owner hereby releases 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 in the Registry Office for the
County of Bruce against the "subject lands".
4. The owner will at all times indemnify and save harmless the Township on a
solicitor and client basis from all loss, costs and damag¡;:s which the Township
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 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 agrees to undertake development on the "subject lands", at his 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 his sole expense,
the site development requirements as detailed in Schedule "c" attached hereto. .
. 10.
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.
a)
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, regu1ations, 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 <;>f the Township's requirements, regulations or by-laws which
relate to the subject lands.
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11.
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Page 8 of [4
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 Township has the right to refuse issuance of
any permit necessary to carry out any additional work on the "subject lands".
12. All maintenance and repair of facilities and matters required by this agreement
shall be done by the Owner from time to time at his sole risk and expense and the
Owner agrees the "subject lands" will not be issued in any matter which will
impede or prohibit performance of the maintenance provided for in this
agreement.
13. The Owner agrees to maintain in good repair and at his sole expense the "subject
lands" in conformity 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 conform with the
requirements of this agreement as it applied to the original development.
14.
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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 his 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 Township'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 his sole expense and in good repair to the
standards acceptable to the Township all landscaped open space, private
driveways and complementary facilities, and private approach sidewa1ks which
are located on untravelled portions of Township-owned road allowances abutting
the subject lands.
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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 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 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.
Page 9 of 14
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 Township, free and clear of all encumbrances, all
Easements and lands required by the Township 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· Township, to deliver the properly executed
documents in a form that can be registered, to the Township in order to
complete the dedication to the Township and to pay all costs incurred by
the Township in respect to the aforementioned dedications;
c) to, where required by Township resolution, dedicate to the Township
widening of highways that abut on the land described in Schedule "A"
attached hereto, free and clear of all encumbrances.
.
PART C - DEFINITIONS
19. In this Agreement and the Schedules attached hereto:
i) "Building Axea" shall mean the only area upon which the erection and use
of buildings and structures shall be permitted.
ii) "Landscaped Open Space" shaI1 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 shaI1 not include parking
areas, traffic aisles, driveways and ramps.
iii)
"Parking Alee:' shaI1 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 shaI1 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" shaI1 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, trafiic 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 Township and
Page 10 of 14
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 Township bas hereto affixed its corporate seal attested by
the hand of its Mayor and Chief Administrative Officer this 22nd day of
"""p_1."... 199...!L' The parties have hereunto set their hands and seals this
. 22nd day of Deceaber . 199L·
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SIGNED, SEALED AND DELIVERED )
in the presence of )
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Witness )
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W~ess )
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THE CORPORATION OF THE
TOWNSHIP OF KINCARDINE-
BRUCE- TIVERTON
Mayor - Gordon Jarrell
Chief Arlminh,trative Officer-
Jom deRosenroll
Ontario Inc., 11330204
Rami Y Goldmen
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Page 11 of14
SCHEDULE "A"
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(description of land)
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Page 12 of 14
SCHEDULE "B"
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The "approved site plan" shall be the plan drawn by the Owner and marked as
the "approved site plan", signed by the ToWnship'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 Township's Chief Administrative Officer.
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Page 13 of 14
SCHEDULE "C"
SITE DEVELOPMENT REQUIREMENTS
The Owner agrees that the completion date for all work required pursuant
to this agreement shall be T.on"''':y/7no1
2. The Owner agrees to prepare a grading and drainage plan acceptable to
the Township and all surface and roof drainage shall be controlled in
accordance with the approved plans in a manner satisfactory to the
Township.
1.
3. 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.
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 Township'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
sucl:1 fencing shall be located not closer to any trees than the drip lin~ of
such trees, and the Owner agrees to abide by the requirements of the
Township'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 Township'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:
Page 14 of 14
í) 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.
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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 Township'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.
11. 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 Township's Engineer.
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12. The Township's Chief Administrative Officer may agree in writing to minor
variations to provisions of this agreement and such minor variations shall
not constitute an amendment to this agreement.
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\Ð';~;~l
~'- FIL..Ii.No.970 12/21 '99 10:20 ID:~CJTT ~NST ~
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FAX:S19S'789191
SCHEDULE "B"
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11'7.18 He:1'~'OO"E:
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DURHAM STREET
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