HomeMy WebLinkAboutKIN 94 068 Amended by No.96 51
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1994-68
A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT
WITH THE TDL GROUP LTD. AND UCO PETROLEUM INC.
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WHEREAS the
Kincardine deems
agreement with The
Council for The Corporation of the Town
it advisable to enter into a site
TDL Group Ltd. and UCO Petroleum Inc.;
of
plan
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 The TDL Group Ltd. and UCO
Petroleum Inc. to ensure appropriate development of
those lands located at the northeast corner of Broadway
and Queen street.
2. That the mayor and clerk be authorized to sign, on behalf
of The corporation of the Town of Kincardine, the
agreeme~t with The TDL Group Ltd. and UCO Petroleum Inc.
which ~s 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 upon
its final passage.
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4.
This by-law may be cited as the "The TDL Group Ltd. and
UCO Petroleum Inc. site Plan Agreement By-law".
READ a FIRST and SECOND time this 6th day of October, 1994.
READ a THIRD time and FINALLY PASSED this 20th day of October,
1994.
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All and singular
situate lying and
of Bruce, and more
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SCHEDULE "A"
that certain parcel or tract of land
being in the Town of Kincardine, County
particularly described as follows:
Lots 23 and 24, Plan 4, on
the Town of Kincardine,
described as Parts 1 and 2,
the north side of Broadway, in
County of Bruce and further
Registered Plan 3R-6051.
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SCHEDULE "8"
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SCHEDULE 'C'
Approved site Plan and Drainage and Service plan available
for review at the Office of the Clerk, Town of Kincardine,
707 Queen street, Kincardine. N2Z 1Z9.
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DYE a DURHAM co. 1fC.-Form No. 98S
Amended NOV. 1112
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l~·of
~ Ontari;~
Document General
Form 4 - Lond RoglolraUon Roform ACI
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307623
(1) Roglslry £J
(3) Property
Idenmlor(s)
Lond Tnl.. 0 (2) Pogo1 of 9'þ&ges
Block Proporty
Additional:
See 0
Schedule
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(4) Noture of Documonl
Site Plan AgreementR.S.O,
C.P,13 Sub.Sec, 40(4) The Planning Act
( onsl_otlon
N/A
1990
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DoIlots $
(6 DoocrIptlon PW t¡.
Lot 23 and 24, north side of BroadwayÞin the
Town of Kincardine County of Bruce and further
described as Parts 1 and 2, Registered Plan
3R-6051,
New Property Identifiers
Additional:
See 0
ScI1edule
xecutlons
AddlUonal:
See
Sc:hedule
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(7) this
Document
eontolnl:
(0) Redescription
Now Eooement
PlonlSkelch
(b) Schedule for:
o
Addnlonol
Description 0 Portles 0 Other 0
(8) this Documont provides os follows:
. Site Plan Agreement Attached as Schedule "A"
Continued on Schedule 0
(9) Thlo Document rolates 10 Instrumenl number(s)
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(10) Party(les) (Set out Status- or Interest) \111';'" '. i';~',,~.1i>'·:,.
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Nlmø(s) Slgnature(s) ,\'~' Or ,"'..1.1;,.. "'P,ate._ofStgnature
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..tI.F.; .ÇORP.Q~~np.N. .Qf. :r.H,F;.r9~.N......... .~~" ?"r.'~~, :~·:r,¡Jté.. J~9·I·z~
Charles W, Mann, ~~or 'O:.~:; ¡ ~r;, ~: !.
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Maureen A. Couture;''';' ".~~i)·'¡'(,i.ß4 il0i29
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(11) Add.... jf·".;, .
forS....lce 707 Queen Street, Kincardine, Ont N2Z 1Z9 . '/.
(12) Por1y(I..) (Set out Status or Interest)
Nome(s)
Sl9noturo(s)
Date of Signature
Y M D
UCO PETROLEUM INC,
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... THE.TDL. .GROUP..LTD...........,..........
(13) Ad......
for Service
874 Sinclair Road, Oakville, Ont, L6K 2Y1
unlClpøl Address of Property
307 Broadway Street,
Kincardine, Ontario
N2Z 2)(9
(15) Document Prepared by:
Maureen A. Couture
Town of Kincardine
707 Queen Street,
KINCARDINE, Ontario
N2Z 1Z9
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SITE PLAN AGREEMENT
This AGREEMENT made this 6th day of october, 1994,
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First part,
-and-
THE TDL GROUP LTD,
herinafter called the "owner"
of the Second Part,
-and-
UCO PETROLEUM INC.
hereinafter called the "owner"
of the Third Part.
WHEREAS the Owner of the Second Part and the Owner of the
Third Part represent that they are the registered owners
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
affected by this agreement
attached hereto;
hereto agree that the lands
are as set out in Schedule "A"
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 of
the Second Part and the OWner of the Third Part, if any,
shall run with the land and shall inure 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 the subject parcel of lands by the Town and
the sum of ONE ($1.00) DOLLAR, the receipt of which is
hereby admitted, the Owners for themselves and for all
successors in title, HEREBY AGREE with the Town as follows:
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PART A - GENERAL PROVISIONS
The ~ies to this agreement hereby agree that the
parties as herein stated are the registered owners of
those lands described in Schedule "An to this
agreement and the lands affected by this agreement are
as described in Schedule "A" to this agreement,
hereinafter called the "subject lands".
1.
2.
The Owners hereby release the Town, 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.
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Page 2
Tim Horton's site Plan Agreement
The Owners agree 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".
4. The Owners 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 Owner of the Third Part joins
herein to consent hereto and to bind its interest in
the lands hereto.
3,
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
from complying
requirements.
the Owners
municipal
agreement shall relieve
with all applicable
The Owners hereby grant 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
7,
8. The Owners hereby agree to undertake development on
the "subject lands", at their 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".
9,
agree to provide, install or otherwise
their sole expense, the site development
as detailed in Schedule "C" attached
The Owners
abide by, at
requirements
hereto.
10.
a) Upon completion of
lands" in conformity
agreement, the Town
compliance.
the development of the "subject
with the provisions of this
shall issue a certificate of
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 Owners under
this agreement or to enforce any other of the Town's
requirements, regulations or by-laws which relate to
the subject lands.
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Page 3
Tim Horton's site Plan Agreement
11, The Owners hereby acknowledge 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 Owners
from time to time at their sole risk and expense and
the Owner of the second Part and the Owner of the
Third Part agree the "subject lands" will not be
issued in any matter which will impede or prohibit
performance of the maintenance provided for in this
agreement,
13. The Owners agree to maintain in good repair and at
their 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 OWners agree 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 Owners agree that, at their 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 Owners agree to maintain in good repair and 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,
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Page 4
Tim Horton's site Plan Agreement
17. The Owners agree 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 OWners agree, 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;
PART C - DEFINITIONS
19.
i)
In this Agreement and the Schedules attached hereto:
"Building Area" shall mean the only area upon
the erection and use of buildings and structures
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,
which
shall
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.
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page 5
Tim Horton's site plan Agreement
IN WITNESS WHEREOF the Town has hereto affixed its
corporate seal attested by the hands of its mayor and clerk
this /20.¡.J¡ day of October, 1994. The parties have
hereunto set their hands and seals this to.~ day of
October, 1994.
SIGNED, SEALED AND
in the presence
THE CORPORATION OF THE TOWN
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THE TDL GROUP
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Execut~ ~~~~'-~~~v~
enry vaza '
Sen' r Vice res~dent
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UCO PETROLEUM
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