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HomeMy WebLinkAboutKIN 98 029 Sp - Mudfest · · · · THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NUMBER 1998 - 29 OF THE CORPORATION OF THE TOWN OF KINCARDINE A BYLAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH 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 Ken Jackson and Rick Robson; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That The Corporation of the Town of Kincardine enter into a site plan agreement with Ken Jackson and Rick Robson to ensure appropriate development of those lands described as Part Lot 1 and Lot 2, Part 2, Concession 2 SDR in the Town 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 Town of Kincardine, the agreement with Ken Jackson and Rick Robson which is attached to this by-law and to affix the Town's Corporate seal as and when required. 3. This by-law shall come into full force and effect on it final passing. 4. This by-law may be cited as the "Mudfest Site Plan Agreement By-law". READ a FIRST and SECOND time this 18th day of June, 1998. READ a THIRD time and FINALLY PASSED this 9th day of July, 1998. ßJ~ ¡¿ ~. / Mayo('" , ", . ~ - - - SITE PLAN AGRÈEMENT This AGREEMENT made this day 9'" day of July. \998. BETWEEN: THE CORPORA nON OF TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- NAME OF OTHER PARTY Ken Jackson & Rick Robson herinafter called the" ofthe Second Part. " WHEREAS the Owner represents that he is the registered owner of those lands in the Town 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" AU attached hereto; AND WHEREAS the Town has enacted a Site Plan Control Area By-law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., \990, c.P.B, 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 Town. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration ofthe approval of the plans for the development on subject parcel of land by the Town and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner for himself and for aU successors in title, HEREBY AGREES with the Town as follows: PART A - GENERAL PROVISIONS I. The parties to this agreement hereby agree that the Owner as herein stated is the registered owner of those lands described in Schedule to this agreement and the lands affected by this agreement are as described in Schedule to this agreement, hereinafter caJled the "subject lands". 2. The Owner hereby releases the Town, its servants, agents and contractors trom any and aU liabiUty in respect of the proper maintenance and operation of the matters and facilities required by this agreement. 3. The Owner agrees to allow the Town at its sole expense and in its sole discretion~ register or deposit this agreement with the Registry Office for the County of Bruce against the "subject lands". 4. The Owner will at all times indemnitY and save harmless the Town on a solicitor and client basis /Tom aU loss, costs and damages which the Town 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 trom complying with all applicable municipal requirements. 7. The Owner hereby grants to the Town, 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 Town under this agreement. ....../2 d. , ,,' - Page] Site Plan Agreement PART 8 - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS ~ 8. 9. 10. e 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". The Owner agrees to provide, instaU or otherwise abide by, at his sole expense, the site development requirements as detailed in Schedule "C" attached hereto. (a) Upon completion of the development of the "subject lands" in conformity with the provisions of this agreement, the Town shall issue a certificate of compliance. (b) "Certificate of Compliance" shall mean a statement of the Town as to the substantial completion of the works, matters and facilities required by this agreement and shall not be deemed to certitY compliance with any other municipal requirements, regulations, or by- laws, and the Town shaJI not be stopped /Tom 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 Town's requirements, regulations or by-laws which relate to the subject lands. II. 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 Town has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". 12. The Owner agrees to maintain in good repair and at his sole expense the "subject lands" in conformity with the provisions ofScbedule "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. 13. The Owner agrees that all vaults, container, 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". 14. 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 Town and that in default thereof and in the sole discretion of the Town, the Town may perform such requirements at the expense of the Owner and such expense may be recovered by the Town 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 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 trom 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. 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. .../3 , ,,' ~ - . e Page 3 Site Plan Agreement iii) "Parking Area" shall mean the areas of open space other than a street to he 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 trom time to time by the Town and shall be kept clear of all weeds and natural growth which is prohibited by other Town by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. IN WITNESS WHEREOF the Town has hereto affixed its corporate seal attested by the hands ofits mayor and clerk This (\ \ ~ \-l day of The parties hereto have set their hands and seal this y Il'.h.r , day of SIGNED, SEALED AND DELIVERED in the presence of Witness ~4J:> v '- \td~ ~W)ð- ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORA nON OF THE TOWN OF KINCARDINE .. . 11 A.-. ({. Á-Jr. , Mayor - Glenfi'R. Sutton . :<~(b.~ Clerk - Rosaline M. Graham ONTARIO OFF ROAD PROMOTIONS ~/= Ken Ja n, President ~~~ , Rick Robson 1998. , 1998~ ........ : ~ ...',,:::" "'H"':~~~<~ ~. -- ". e· - - . SCHEDULE "A" Schedule for Description R. #4, Kincardine, Ontario ALL AND SINGULAR that certain parcel ofland and premises situate lying and being in the Town of Kincardine, in the County of Bruce and Province of Ontario and more particularly described as Part Lot # I and Lot 2, Part 2, Concession 2 SDR. ... SCHEDULE "B" . The "approved site plan" shaJI be the plan drawn by the Owner and marked as the "approved site plan", signed by the Town's administrator or deputy, signed by the owner and with any changes marked in red and initialed by the administrator or deputy and the Owner. This "approved site plan" shaJI be filed with the Town's administrator. e - . ., SCHEDULE 'C" SITE DEVELOPMENT REOUlREMENTS .. I. The Owner agrees that the completion date for aU work required punuant to this agreement abaJI be 2. The Owner agrees that any floodlighting of the land shall be instaJled in such a manner so as to deflect the light away trom adjacent streets and properties or so controlled in intensity so as to prevent glare on adjacent streets and properties. 3. 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 /Tom the site by wind or water, and the Owner agrees to abide by any request of the Saugeen Valley Conservation Authority in this regard, acting reasonably. 4. The Owner agrees that any internal driveways which are necessary for and designated as a fire route abaJI be so designed so as to carry the weight of the Town's fire fighting equipment. 5. The Town's administrator may agree in writing to minor variations to provisions of this agreement, and such minor variations shaU not constitute an amendment to this agreement. e . . :to ,',: ,:",. ,.~"". .' ,~ . 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