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Home My WebLink AboutKIN 98 049 Sp-Montgomery Ford . · · · THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NUMBER 1998 - 49 OF THE CORPORATION OF THE TOWN OF KINCARDINE A BYLAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH MONTGOMERY FORD MERCURY SALES LIMITED WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into a site plan agreement with Montgomery Sales Limited; 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 Montgomery Ford Mercury Sales Limited to ensure appropriate development of those lands described as Part Lot 17, Plan 4, 680 King Street, 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 Ian Montgomery of Montgomery Sales Limited 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 "Montgomery Ford Sales Limited Site Plan Agreement By-law". READ a FIRST and SECOND time this 3rd day of September, 1998. READ a THIRD time and FINALLY PASSED this 3rd day of September, 1998. JJ~~-~ # ,. Mayor / J ...A. . ... 0... IOIotI '101 - ;-., N"" ,.. . Z~ , 00 CO' ~ a: w Z t- :5 - Ut5 I- ..J tn <{ ~ W a: X <{ I- ~ a: o u. Z 0 - o CD . , .) . .....: ::::,-- ~ ~~ ~ \ --...!. ')~ ~'6 ~ C' ./. ~ <7i !! ~ .' - crt '\, ", ~~ ~ ,. / ~~'\"\ ..;;:;' ~ "- " '-, "-. " '- "'-, ", " "- , " "" " ". ". " "'..~ ~\ --- - Ä~ ~ X~ ~Ó" Xú' o N 11"1 N crt , '" ~ ~~ ~u. 9 ..... ... ' ...¿ I- .rtn _ z .J - ~ .~ -\? 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W ~ ~! : ~ ~ \ ,~, I.U 0 -~ I ,ti' I ~ t· ~ ~ ~ T I ~~~ I I\~~ ¡ l I~Q ¡~~ð (."\:~o"'111 i~..... ,Yi ~.'Q ~.t-i ~ ..., J- ~~~~~\U~.::f ~~~~~~~~~ l~ ~'1 ~t.q~ .!')'" ,..,) ~. ~I ; ""-v¡ . "'-J . .' ~~1.1.\1U I.C~ e5 O(~~.~ <:5~:J J - 1 "'I VII if! ~ c.q. V1 ..., . ---.----- I . , I .: :' , . . o-,s( ; ¡ . ðOOCI ß-' -a-Eo . \ 'ðOQG 1V¡ilJu:J9~ o /1.(}I uj S ~ ~ " I i~ ;~ .g ~ ~ ~ ~ ::i~ I 1~~~ ~~~ ~.~~~ t;~~~ ~ ~I ~ 6) " I ., . .. ...J .. Z ~ c( O~cJ. ...J ..... k~ ~ w Q~ ~ z I . - ø C g! 15 0 ~I a: ~ Q. \.. ~ \\ .. Oi'l/ 1 ,I ~ ~ ~ ~ ~, () SI .t ~ ',< 9 § ~ Q ~ i ~ ~: ~ ~.! ~ ~ ~ ~ 9 ~j 14 .~ Q, ~ ~! ~¡ , ~! Q' ~¡ .~ ~ . ~i~ ~~ '<;;11 ~. ~,~ ~.., gl~ ~''4 ~:~ ~.V\ ~~ 0- ~, V\ -t1'\ ;f~ ~I~ I e e - e _.,:",,,.,rc:·'..3"""'·"·O'~~~"'--" ~".,,, , , .,.¡¡ ~ SITE PLAN AGREEMENT Tlús AGREEMENT made Ibis day 3"' day of September, 1998. BETWEEN: THE CORPORATION OF TOWN OF KINCARDINE hereinafter called the "Town" of the Firs! Part, -and- MONTGOMERY FORD SALES LIMITED herinafter called the "Ian Montgomery of the Second Part. " WHEREAS the Owner represents that he is the registered owner of those lands in the Town of Kincardine, Counly of Bruce, described in Schedule "A" attached hereto and fonning part of Ibis agreement; AND WHEREAS the parties hereto agree that the lands affected by this agreement are as set out in Schedule" All attached hereto; AND WHEREAS the Town has enacled a Site Plan Control Area By-law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P.!3, 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 lúghways in the ownerslúp of the Town. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the 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 ofwlúch is hereby admitted, the Owner for lúmself and for all successors in title, HEREBY AGREES with the Town as follows: PART A - GENERAL PROVISIONS I. The parties to Ibis agreement hereby agree that the Owner as herein stated is the registered owner of those lands described in Schedule" A" to Ibis agreement and the lands affected by Ibis agreement are as described in Schedule " A" to Ibis agreement, hereinafter called the "subject lands". 2. The Owner hereby releases the Town, its servants, agents and contractors from any and allliabilily in respect of the proper maintenance and operation of the matters and facilities required by Ibis agreement. 3. The Owner agrees to allow the Town at its sole expense and in its sole discretion to register or deposit Ibis agreement with the Regislry Office for the Counly of Bruce against the "subject lands". 4. The Owner will at all times indemnify and save bannless the Town on a solicitor and client basis from all lOSS, costs and damages wlúch the Town may suffer, be at or be put to, for or by reason of the execution of Ibis 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 Ibis 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 Ibis agreement shall relieve the Owner from 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 Ibis agreement. ....../2 · , Page 2 Site Plan Agreement PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS e 8. 9. 10. 11. e - 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, install or otherwise abide by, at his sole expense, the site development reqnirements 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 certify compliance with any other municipal requirements, regulations, or by-laws, and the Town 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 Town's requirements, regulations or by-laws which relate to the subject lands. 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 necessa¡y to carry out any additional work on the "subject lands", 12. All maintenance and repair of facilities and matters. 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, 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". IS. 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 Town'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 Town all landscaped open space, private driveways and complementaIy facilities, and private approach sidewalks which are located on untravelled portions of Town 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 Town and that in default thereof and in the sole discretion of the Town, the Town may perform such reqnirements 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 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 mmps and curbings and traffic direction signs; ... .../3 Page 3 Site Plan Agreement (b) to dedicate to the Town, free and clear of all encumbrances, all Easements and lands required by the Town for the conslruction, maintenance and improvements of any existing or newly required waterconrses, ditches, land drainage wolks and required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Town, to deliver the properly executed documents in a form that can be registered, to the Town in order to complete the dedication to the Town and pay all costs incurred by the Town in respect to the aforementioned dedications; e (c) to, where required by Town resolution, dedicate to the Town 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 Area" shall mean the only area upon which the erection and use of buildings and structures shall be permitted. e 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. 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 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 coIpOrate seal attested by the hands of its mayor and clerk This 3...1 day of ~",+€..... be.... , 1998. The parties hereto have set their hands and seal this 'J.-q day of Ç;ela.¡e....h~,... , ,199ª. w····· SIGNED, SEALED AND DELIVERED in the presence of . P ~-ef ) ) THE CORPORATION Or THE ) OF IONCARDINE __ i JJ,L((.4 ~ ....i ) /~G1enn'1!.. S¡¡ttOl,!>._,..~.::::.: . ) (- ". .:. ," ) \ -_Y"O\kr::.;'j'.L' ) Clerk - Rosaline M. Graham ) ) ) ) ) ....,..- . Witness ~~ALES Ian Montgomery , SCHEDULE "A" e ALL AND SINGULAR that certain parcel of land and premises situate lying and being in the Town of Kincardine in the County ofBruœ, Province of Ontario and more particularly described as Park Lot 17, Plan 4, 680 King Street in the Town of Kincardine, County ofBmce. e . . '. SCHEDULE "B" e The "approved site plan" shall be the plan drawn by the Owner and marked as the "approved site plan", signed by the Town's administrator or clerk, signed by the owner and with any changes matked in red and initialed by the administrator or deputy and the Owner. This "approved site plan" shall be filed with the Town's administrator. . - . . SCHEDULE 'C" SITE DEVELOPMENT REOUlREMENTS e 1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be 2. The Owner agrees to prepare a grading and drainage plan acceptable to the Town and all swface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Town. 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 Town's Chief Building official or Engineer in this regard, acting reasonably. 5. The Owner agrees to install tempor.uy 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 by the requirements of the Town's Public Wooo 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 Town'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 swfacing. 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 sodIseed. -- ü) installation of driveways of proper width and grade from the street line to the property width and grade from the street line to the property line with asphalt, concrete or other hard surfacing acceptable to the Town's Engineer. ill) 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 pennit within six (6) months from the date of this agreement. Failure to obtain a building pennit 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 swfaced with asphalt, cement, or other hard swfacing acceptable to the Town's Engineer. 12. The Town's 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. . . e . a~ (';".T , - -------. . . I , I , I , ?f'(9al aN!( ssaoN 3iJIM ol't'! 1vI't114 OJ 03'0/$ -'øø1Tl'llt:f¡¡¡;r,;& ¡ :):11): ~~ : -- '" '. - .. --~ ~ ; :< ~ . '" lot. '" I :.... 'Vo.<C; .\ji I ~ï.~ I "'111 .;¡.. \-. 'GI;G ~ ~ ! ~~"'I~ I~~ I 1 I"';Q~ICi:j~ð \)o~ I -- 9,~.!;)~ ~~..... "'~I!:\U ~~;:f '...I,(~~iO~~ ,~ ~"1 ~I.ql~ ....-:;¡...J.! . . ...~ 1.Ij~ . 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