HomeMy WebLinkAbout01 048 sp best western amend
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2001- 048
A BYLAW TO AUTHORIZE THE AMENDING OF BY-LAW 2001-33, THE
1091711 ONTARIO LIMITED SITE PLAN AGREEMENT BY-LAW
WHEREAS the Council for The Corporation of the Municipality of Kincardine
entered into a Site Plan Agreement with 1091711 Ontario Limited with the
passage of By-law 2001-33;
AND WHEREAS Daniel Showalter, President of 1091711 Ontario Limited, has
requested an amendment to the Site Plan Agreement as outlined in By-law 2001-
33 to meet the storm water requirements of the Ministry of Transportation of
Ontario;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine agrees to amend
the Site Plan Agreement with 1091711 Ontario Limited attached as
Schedule "An to this by-law.
2. That this by-law shall come into full force and effect upon its final passing.
3. That this by-law may be cited as the "1091711 Ontario Limited Best
Western Governor's Inn Site Plan Agreement Amending By-law".
READ a FIRST, SECOND, and THIRD ti.me and DEEMED TO BE PASSED this
9th day of May, 2001.
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SCHEDULE "A"
TO BY-LAW 2001-048
In addition to the Municipality of Kincardine Site Plan Control By-law No. 2001-33
(between the Municipality of Kincardine and 1091711 Ontario Ltd.), the following
storm water management schedule shall govern storm water issues.
Now therefore, upon the signing of the amending By-law No. 2001 -048, the
following storm water management conditions shall be binding upon both the
Municipality of Kincardine and 1091711 Ontario Ltd.
1. The developer/property owner, 1091711 Ontario Ltd., assumes all
responsibility for storm water collected and will prevent any such collected
water from entering the Ministry of Transportation right-of-way along
Highway 21, in the Municipality of Kincardine.
2. The Municipality of Kincardine agrees to accept all collected storm water
from the developer/property owner 1091711 Ontario Ltd.
3.
The developer/property owner 1091711 Ontario Ltd. is responsible for all
maintenance of the storm water collection system on its property and will
allow the Municipality unrestricted aCCèss to the property to repair any
fault in the system where the developer/property owner 1091711 Ontario
Ltd. fails to do so.
4. The developer/property owner, 1091711 Ontario Ltd., shall be responsible
for all costs associated with construction maintenance and or repair of the
collection system and will save harmless the Ministry of Transportation
free of any costs associated with damages to the Ministry of
Transportation right of way as a result of a failed system. The Municipality
of Kincardine agrees to cover all costs mentioned herein should the
developer/property owner, 1091711 Ontario Ltd. fail to pay such costs. In
the event that the Municipality pays any costs to fill storm water
obligations, it shall be entitled to recover costs from the site owner through
applicable law.
SIGNED, SEALED AND DELIVERED
in the presence of
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THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
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