HomeMy WebLinkAbout02 082 agree skid school sp
THE CORPORATION OF THE MUNICIPALITY OF KINC INE
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BY-LAW
NO. 2002 - 82
A BY-LAW TO AUTHORIZE THE SIGNIN OF
A SITE PLAN AGREEMENT WITH SKID SCH OL INC.
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WHEREAS the Council for the Corporation of The MunicipaJity of Kincardine
deems it advisable to enter into a Site Plan Agreement with Ski9 School Inc.;
AND WHEREAS the Ontario Planning Act, R.S.O. 1990, P.113, Section 41,
authorizes municipalities to enter into Site Plan Agreements; I
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NOW THEREFORE the Council for The Corporation of th~ Municipality of
Kincardine ENACTS as follows: I
1. That the Corporation of the Municipality of Kincardine entet into a Site Plan
Agreement with Skid School Inc. to ensure appropriate dev lopment of those
lands known municipally as 1475 Concession 5, Municipa ity of Kincardine
and described as Concession A, Part Lot 29 and 30 Municipality of
Kincardine (former Township of Kincardine), said la ds being more
particularly described in Schedule "An of the attached Site PI n Agreement.
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2. That the Mayor and CAO be authorized to sign, on behalf 0 The Corporation
of the Municipality of Kincardine, the agreement with Skid S hoollnc. which is
attached to this by-law and to affix the corporate seal as and when required.
3. This By-law shall come into full force and effect upon its fin I passage.
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_ 4. This By-law may be cited as the "Skid School Inc. Site Pla~ Agreement, Sy-
. law". I
READ a FIRST, SECOND and THIRD TIME and DEEMED TO IBE PASSED this
12th day of June, 2002. i
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SITE PLAN AGREEMENT
This AGREEMENT made this /;) c¡LJ day Of~A I) ,200a..,
. BETWEEN:
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
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SKID SCHOOL INC.
hereinafter called the "Party"
ofthe Second Part.
WHEREAS the Party of the Second Part represents that it is the tenant 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;
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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 Party of the Second Part 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 Party of the Second Part for himself and for all successors in title,
HEREBY AGREES with the Municipality as follows:
'. PART A - GENERAL PROVISIONS
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1. The parties to this agreement hereby agree that the Party of the Second
Part 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 Party of the Second Part 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 Party of the Second Part 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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Skid School Inc. Site Plan Agreement
The Party of the Second Part 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.
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.
4.
6. Nothing in this agreement shall relieve the Party of the Second Part from
complying with all applicable municipal requirements.
7. The Party of the Second Part hereby grants to the Municipality, its
servants, agents and contractors a license to enter the "subject lands" for
the purpose of inspection of the works and the "subject lands" or for any
other purpose pursuant to the rights of the Municipality under this
agreement.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
8. The Party of the Second Part agrees to undertake development on the
"subject lands", at its sole expense, in conformity with the site plan as
detailed in Schedùle "B" attached hereto, which shall hereinafter be
referred to as the "approved site plan".
9. The Party of the Second Part agrees to provide, install or otherwise abide
by, at its sole expense, the site development requirements as detailed in
Schedule "C" attached hereto.
10. a)
Upon completion of the development of the "subject landsn in
conformity with the provisions of this agreement, the Municipality
shall issue a certificate of compliance.
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"Certificate of compliance" shall mean a statement of the
Municipality as to the substantial completion of the works, matters
and facilities required by this agreement and shall not be deemed
to certify compliance with any other municipal requirements,
regulations, or by-laws, and the Municipality shall not be stopped
from pursuing any or all of its rights to enforce the continuing
obligations of the Party of the Second Part 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 Party of the Second Part hereby acknowledges that failure to
complete all required works within the specified time period shall mean a
certificate of compliance will not be issued until such work necessary to
complete the development is done, and that until such certificate of
compliance has been issued, in the event that the prescribed time period
has lapsed, the Municipality has the right to refuse issuance of any permit
necessary to carry out any additional work on the "subject landsn.
12. All maintenance and repair of facilities and matters required by this
agreement shall be done by the Party of the Second Part from time to time
at its sole risk and expense and the Party of the Second Part agrees the
"subject lands" will not impede or prohibit performance of the maintenance
provided for in this agreement.
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Skid School Inc. Site Plan Agreement
13. The Party of the Second Part agrees to maintain in good repair and at its
sole expense the "subject lands" in conformity with the provisions of
Schedule "B" (approved site plan) and Schedule "Cn (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 Party of the Second Part 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 Party of the Second Part agrees that, at its sole expense, all parking
areas provided on the "subject lands" shall be reasonably in all
circumstances, maintained clear of snow so as not to prohibit or block or
in any way restrict access along any driveway, walkway for vehicular and
pedestrian traffic or reduce the number of useable parking spaces below
the minimum number of spaces required by the Municipality's zoning by-
law. The Party of tþe Second Part 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 Party of the Second Part agrees to maintain at its sole expense and in
good repair to the standards acceptable to the Municipality all landscaped
open space, private driveways and complementary facilities, and private
approach sidewalks which are located on untraveled portions of
Municipality-owned road allowances abutting the subject lands.
17. The Party of the SeèOnd Part agrees that all facilities and matters required
by this Agreement shall be provided and maintained at its sole risk and
expense and to the satisfaction of the Municipality and that in default
thereof and in the sole discretion of the Municipality, the Municipality may
perform such requirements at the expense of the Party of the Second Part
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. 4:5, as amended.
18. The Party of the Second Part agrees 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;
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 ;:Iforementioned dedications;
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to, where required by Municipal resolution, dedicate to the
Municipal widening of highways that abut on the land described in
Schedule "A" attached hereto, free and clear of all encumbrances.
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Skid School Inc. 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 omamental shrubs, flowers and trees and
may include space occupied by paths, walks, courts, patios but
shall not include parking areas, traffic aisles, driveways and ramps.
"Parking Area" shall mean the areas of open space other than a
street to be used for the parking of motor vehicles and access
ramps and driveways to areas used for the parking of motor
vehicles which shall be clear of buildings and structures except
those accessory to the operation of the parking area, and which
shall be available and maintained for the parking of motor vehicles
including maneuvering aisles and other space necessarily
incidental to the parking of vehicles.
iv) "Natural Opèn 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.
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IN WITNESS WHEREOF .the Municipality has hereto affixed its corporate seal
attested ~ the hand of i Mayor and Chief Administrative Officer this
¡do day of 200~ T~parties have hereunto
set their hands and seals this day of ~ ,
200~.
SIGNED, SEALED AND DELIVERED
in the presence of
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THE CORPORATION OF THE
MUNICIP ITY OF. AR '7".t
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C,) '----- ~.. .....:., "'-", \',;-
Chief Administrative ~.=:-: .',.:.:.- /
John deRosenroll . -::-............¿.;.,i~"~:.:../
SKID SCHOpL}JC. .
(2t/~,~
President - Edward W. Valenciuk
ve authorit bind th~O . n)
Vice-President Ja es D. McArthur
(I have authority to bind the Corporation)
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SCHEDULE "A"
to
Skid ,School Inc. Site Plan Aareement
Part of Lots 29 and 30, Concession "An, Municipality of Kincardine (formerly
Township of Kincardine, County of Bruce now designated as Parts 1 and 2 on
Reference Plan 3R-5856.
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SCHEDULE "B"
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Skid School Inc. Site Plan Aareement
The "approved site plan" shall be the plan drawn by the Party of the Second Part
and marked as the "approved site plan", signed by the Municipality's Chief
Administrative Officer or deputy, signed by the Party of the Second Part and with
any changes marked in red and initialed by the Chief Administrative Officer or
deputy and the Party of the Second Part. This "approved site plan" shall be filed
with the Municipality's Chief Administrative Officer.
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SCHEDULE "C"
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Skid School Inc. Site Plan Aareement
SITE DEVELOPMENT REQUIREMENTS
1.
The Party of the Second Part agrees that the completion date for all work
required pursuant to this agreement shall be December 31 ,2002.
The Party of the Second Part 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 Party of the Second Part agrees that any floodlighting of the land shall
be installed in such a manner so as to deflect the light away from adjacent
streets and properties or so controlled in intensity so as to prevent glare
on adjacent streets and properties.
The Party of the Second Part 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 Party of the Second Part agrees to abide by any request of the
Municipality's Chief Building Official or Engineer in this regard, acting
reasonably.
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4.
5. The Party of the Second Part 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 Party of the Second Part
agrees to abide by the requirements of the Municipality's Pubic Works
Manager in this regard, acting reasonably.
6. The Party of the Second Part agrees 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 Party of the Second Part 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 Party of the Second Part 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 Party of the Second Part 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.
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SCHEDULE"C"
to
Skid School Inc. Site Plan Aareement
SITE DEVELOPMENT REQUIREMENTS
10. The Party of the Second Part agrees that all driveways and parking areas
as indicated on the "approved site plan" shall be surfaced with asphalt,
cement, or other hard surfacing acceptable to the Municipality's Engineer.
11. 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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