HomeMy WebLinkAboutKIN 95 018 Sp - Canadian Tire
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THE CORPORA TION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1995-18
A BY-LAW TO AU'l'HORIZE THE SIGNING OF A SITE PLAN AGREEMENT
WITH CANADIAN TIRE CORPORATION LIMITED.
WHEREAS the Council for The Corporation of
Kincardine deems it advisable to enter into
agreement with Canadian Tire Corporation Limited;
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
the Town of
a site plan
1. That The Corporation of the Town of Kincardine enter into
a site plan agreement with Canadian Tire Corporation
Limited to ensure appropriate development of those lands
described as Part of Block "J", Plan M-1, Part 3 of
Registered Plan 3R-253, Town of Kincardine.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with Canadian Tire corporation Limited which is
attached to this by-law and to affix the Town's corporate
seal as and when required.
This by-law shall come into full force and effect upon
its final passage.
4. This by-law may be cited as the "Canadian Tire 1995 site
Plan Agreement By-law".
3.
READ a FIRST and SECOND time this 6th day of April, 1995.
READ a THIRD time and FINALLY PASSED this 6th day of April,
1995.
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Form 4 - Land..AeØf_ Relorm Acl
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Land THIes 0 (2) psge 1 of
Block property
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Additional:
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Schedule
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CERTIFICATE OF RECEIPT
'95 APR 26 P12 :16
(4) Nelure ~ Site Plan Agreement
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Part of Block J, Plan Mi, Part 3, Qe8<o.^p~
Plan 3R-253, Town of Kincardine, County of Bruce.
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New Property Identifiers
Additional:
See
Schedule
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xecutlons
Additional:
See
Schedule
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(7) This
Document
ConIeInI:
(a) Redescription
New Easement
PlanlSketch
i (b) Schedule lor:
D! Daecription 0
Addlllonal
Parties 0 Othat 0
(8) This Document provides .. 1001ows:
Site Plan attached as schedule "A".
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Conlinued on Schedule 0
(9) This Document relltea \0 lnatrumen! numberjs)
(10) Plrty(ies (Set out Stalus or Inte'astl
N ( ) Slgnalura(s).· . DJlte 01 Signature
T~:e ~ORPO.RA.TIO~. O.F. :~E. :O~. OF. ~~~~~~NE. . ~~·.·.-·)~,o' !O~ .¥.~D.
......... Charles W. Mann, MaY(¡1"-: .~ - 1 :" ,) i
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:....................................... ~.a:~l.;'tW~!-~t/ þ!i. ~!i..
Maureen A. Couture, C e-rK.-. ...~ ,'.:.; ,.' : ¡
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707 Queen Steet, Kincardine, Ont N2Z 1Z9
(12) Party(les) (Set out Status or Interesl)
Nama(s) Signature(s)
Canadian Tire Corporation Limited
Date of Signature
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(14) Municipal Add.... 01 P-,\,
711 Phillip Place,
-Kincardine, Ontario
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(15) Documenl "'-ad by:
Maureen A. Couture
707 Queen Street,
Kincardine, Ontario
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SITE PLAN AGREEMENT
This AGREEMENT made this 6th day of April, 1995.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
CANADIAN TIRE CORPORATION LIMITED
herinafter called the "OWNER"
of the Second Part.
he is the registered
Kincardine, County of
attached hereto and
WHEREAS the Owner represents that
owner of those lands in the Town of
Bruce, described in Schedule "A"
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 Town
By-law pursuant to
Planning Act, R.S.O.,
has enacted a site Plan Control
the provisions of Section 41 of
1990, c.P.13, as amended.
Area
the
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 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 of which is hereby
admitted, the Owner for himself and for all successors in
title, HEREBY AGREES with the Town 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 Town, its servants,
agents and contractors from any and all liability ~n
respect of the proper maintenance and operation of the
matters and facilities required by this agreement.
The Owner agrees to allow the Town 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".
3.
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site plan Agreement
4.
The Owner will at all times indemnify and save
harmless the Town on a solicitor and client basis from
all 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 any
one 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 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.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
8.
The Owner
"subject
with the
attached
to as the
agrees to undertake development on the
lands", at his sole expense, in conformity
site plan as detailed in Schedule "Bn
hereto, which shall hereinafter be referred
"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.
a) Upon completion of the development of the "subject
lands" in conformity with the prov~s~ons 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 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.
10.
11.
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site Plan 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. 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".
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 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
complementary facilities, and private approach
sidewalks which are located on untraveled 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 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.
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 Town, free and clear of all
encumbrances, all Easements and lands required by the
Town 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 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 to pay all costs incurred by the Town in respect
to the aforementioned dedications;
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site Plan Agreement
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.
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 for 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.
hereto affixed its
its mayor and clerk
1995. The parties
this b ïl-I day
IN WITNESS WHEREOF the Town has
corporate seal attested by the hands of
this to T ./ day of APrtlL
have hereunto set their hands and seals
of -É1 PR.( L , 1995.
SIGNED, SEALED AND DELIVERED )
in the presence of )
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CANADIAN TIRE CORPO
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witness
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Witness
Ron Jaskula, Vice-President
Real Estate & Construction
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SCHEDULE 'A"
SCHEDULE FOR DESCRIPTION
All and singular that certain parcel and tract of land
lying, being and situate in the Town of Kincardine, County
of Bruce and more particularl .y described as Part of Block
J, plan M1, Part 3, Registered Plan 3R-253, Town of
Kincardine, County of Bruce, ð~ fJ~¿ J=-..2.. S-~~ M-,)
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SCHEDULE "B"
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"APPROVED SITE PLAN"
CLERK ADMINISTRATOR
TOWN OF KJNCARDtNE
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SCHEDULE "C'
SITE DEVEWPMENT REOUlREMENTS
The Owner agrees that the completion date for all work
required pursuant to this agreement shall be December
31, 1995.
2. The owner agrees to prepare a grading and drainage
plan acceptable to the Town and all surface and roof
drainage shall be controlled in accordance with the
approved plans in a manner satisfactory to the Town.,
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 Town'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 Town's Public Works
Manager in this regard, acting reasonably.
6. The Owner agrees that any internal driveways which are
necessary6H 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".
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.
8.
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.
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 Town's Engineer.
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removal of existing driveways which are not to
be used with replacement by appropriate
landscaping as detailed above.
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Schedule "c" - cont'd
site Plan Agreement
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 Town's Engineer.
12. The Town's clerk-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.