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HomeMy WebLinkAbout07 274 Intervivos Investments Ltd (Lts F, G, RP 61, Lt 10, RP 127) Site Plan Agreement . . . . THE CQRP1)RATION OF THE MUNICIPALITY ()F KINCARDINE BY-LAW NO. 2007 - 274 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH INTERVIVOS INVESTMENTS LIMITED (Lot F and G, RP 61, Lot 10 RP 127, [Geographic Town of Kincardine]) WHEREAS the Ontario Planning Act, R.S.O.1990, P 13, Section 41, authorizes municipalities to enter into Site Plan Agreements; AND WHEREAS the Council for the Municipality of Kincardine deems it advisable to enter into a Site Plan Agreement with Inlervivos Investments Limited, for thai property located at Lot F and G, Registered Plan 61 (North Side of Broadway street East) and Lot 10, Registered Plan 127 [geographic Town of Kincardine] Municipality of Kincardine in the County of Bruce; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a Site Plan Agreement with Intervivos Investments Limited to ensure appropriate development of those lands described as Lot F and G, Registered Plan 61 (North Side of Broadway Street East) and Lot 10, Registered Plan 127 (Geographic Town of Kincardine), Municipality of Kincardine in the County of Bruce, and being more particularly described in Schedule 'A" of the attached Site Plan Agreement. 2. That the Mayor and ChIef Administrative Officer be authorized to sign, on behalf of the Municipality of Kincardine the agreement with Intervivos Investments Umited, whIch is attached to this by-law as Schedule 'A", as well as any other documentation required relatIng to the said Site Plan Agreement. 3. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act, 1990. 4. This By-law may be cited as the "Intervivos Investments Ltd. (Lts F G, RP 61, Lt 10, RP 127) Site Plan Agreement By-law." ./2 . . . . Page 2 Intervivos Investments Ltd. (LtsF G, RP61, Lt 10, RP 127) Site Plan Agreement By law By-law No. 2007 274 READ a FIRST and SECOND TIME this 19th day of September, 2007 /'- 8~"~ Cler READ a THIRD TIME and FINALLY PASSED this 19th day of September, 2007. \ '- 1..-/ /- ~ ~<a.iYI,...d'~d<&Q Clerk 1bisoj~chedule ftz1:.. ft to By-Law No. .).",1:; J.lassedthe lq!-aay 201)1 SITE PLAN AGREEMENT Q,-~ Cledc. oj This AGREEMENT made this )qTL daYOf~tx..ba<J2007 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter caffed the "Municipality" of the First Part. -and- INTERVIVOS INVESTMENTS LIMITED hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that it is the registered owner of those lands in !he Municipality 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 "A" attached hereto: AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law pursuant to the provisions of Section 41 of the Planning Act, RS.O., 1990, c.P 13, as amended. AND WHEREAS the covenants, agreements, conditions and understandings herein contained on !he part of the Owner and the Party of the Third Part, if any, shaff run wllhthe land andshafl enure to the benefll of and be binding upon the parties hereto and !heir heirs, executors. administrators, successors and assigns, as Ihecasemay be, and shaff be appurlenantto the adjoining highways in the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of Iheapproval of the plans for the development on subjeet parcel of land by the Municipality 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 Municipalityasfoflows: PART A - GENERAL PROVISIONS 1. The parties to this agreement hereby agree !hat the Owner as herein stated is the registered owner of those lands described in Schedule "A" to this agreement and the landsaffecled by this agreement are as described in Schedule 'A" to this agreement, hereinaftercafled the "subjeet lands" 2, The Owner hereby releases the Municipality, its servants, agents and contractors from anyandaff liability in respect of the propermaintena nceand operation of the matters and facilities required bythisagreemenl. 3. The Owner agrees to allow the Municipality at ils soJe expense and in its sole discretion to register or deposit this agreement in the Registry Office for !h e County of Bruce against the "subjeet lands" 2 Page 2 Site Plan Agreement 4. The Owner agrees to indemnify and hold hannless the Municipality from and against all suits. judgments, claims, demands expenses actions, cau sesof action and losses and for any and all liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, asa resullof or arising outoforin relation to any breach of the terms of this Agreemen t,or the Municipality's own negligence or willful misconduct. 5. The clauses of this agreement are indspendentand severable and the striking down or invalidation of anyone or more of the clauses does not invalidate all oranyofthe 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 Municipality, its servants, agents and contractors a license to enter the "subject lands" for the purpose of ins pection of the works and the "subject lands" or for any other purpose pursuan ttothe rights of the Municipality under this agreement. 8. Once the Municipality of Kincardine has entered into the site plan agreement with the owner, all subsequent documents binding the Corporation will be executed by the Mayor 8. CAD. PART 8 - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. The Owner agrees to underlake development on the "subject lands" at its sole expense, in conformity with the site plan as detailed in Schedule "8' attached hereto, which shall hereinafler be referred to as the "approved slle plan" 10. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedul e"C" attached hereto. 11. a) Upon comptetion of the development of the "subject lands" in conformity with the provisions of this agreement, the CAD shall issue a certificate of compliance. b) 'Certificate of compliance" shall mean a statement of the Municipality 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 Municipality shali not be stopped from pursuing any or all its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-taws which relate to the subject lands. 12. 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 ofcompliance has been issued,intheeven tthat the prescribed time period haslapsed,the Municipality has the right to refuse issuance ofanypennitnecessaryto carry out any additional work on the 'subject lands" .3 Page 3 Site Plan Agreement 13. All maintenance and repair of facilities and matters requlrecl bylhis agreement shall be done by the Owner from time 10 time at its sole risk and expense and the Owner agrees the "subject lands" will not impede or prohibit pertormance of the maintenance provided for in Ihis agreement. 14. The Owner agrees 10 maintain in good repair and at its sole expense the subject lands' in conformity with the provlsionsof Schedule "B" (appr ovedsite plan) and Schedule"C" (site development requlrements),and all other requirements pursuant to this agreemenl. and all repair or maintenance shall conform with the requirements of this agreement as it applied to the orig inal development. 15. The Owner agrees Ihatall vaults, containers, collection blns and other facilltleswl1ich maybe requIred for the storage of garbage and olherwaste material shall be kept within a completely enclosed bullding or a completely enclosed container in the location as shown on Schedule "S" 16. The Owner agrees that, at its sole expense, all parking areas provided on the "subject lands" shall be reasonably in all circumstances,maintainedcl ear 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 useabIe parking spaces below the minimum number of spaces required by the Municipality's zoning by-law. The Owner agrees not to store snow on-site such that it blocks visibllity adjacent to a street or drainage facilitle son-sileor where adequate drainage facilities are not provided orwl1ere meltwater would adversely affecl an abutting property. 17. The Owner agrees 10 maintain at its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sldewalks which are located on untraveled portions of Municipality-owned road allowances abuffing the subject lands. 18. 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 Municipality and that in default thereof and in the sole discretion of the Municipality, the Municlpality may perform such requirem ents at the expense of the Owner and such expense maybe recovered by the Municipality in like manner as municipal taxes within the meaning of Sectlon 326 of the Municipal Act, R.S,O., 1990, c.M, 45, as amended. 19. 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 Municlpalily,freeand clear of all encumbrances, all Easements and lands required by the Municlpality for the construction, maintenance and lmprovement of any existing or newly required watercourses, ditches, land drainage works and sanitary sewage facilities on the landand,on request by the Municlpality,to deliverth e properlyexecuteddocumentsinafonnthatcanberegistered,tothe Municipality in order to complete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementloneddedlcalions; c) to, where required by Municipal resolution, dedicate to the Municipali ty widenIng of highways that abut on the land described in Schedule 'A" attached hereto. free and clear of all encumbrances. 4 Page 4 Site Plan Agreement PART C. DEFINITIONS 20. 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 struciuras shall be perrnilled. ji} "landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental shrubs, flowers and trees and may include space occupied bypaths,walks,courls,paliosbutshallnot 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 dear of buildings and struciures except those accessory to the operalion 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 vehicle s. iv) "Natural Open Space" shall mean the areas of open space which are to remain in a natural stale with a minimum amount of maintenance, but shall not include areas of outside storage, parking areas. traffic aisles, driveways or ramps, or Bullding Area, Natural Open Space areas shall be subjeci to the requirements of the Maintenance and Occupancy (Properly Standards) By-Law as amended from time to time for the Municipality and shall be kept dear of all weeds and nalural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. IN WITNESS WHEREOF the Municipality has hereto affixed its r::orporate seal attest by the hand of its Mayor and Chief Administrative Officer this \q+I- day ofS(, ptQrJ2R/i 200"1Thepartieshavehereuntosettheirhandsandsealsthis \qI-!- dayof S~2007 SIGNED, SEALED AND DELIVERED ) in the presence of ) I I I I I I I I I I I I I ) ) I I I I I THE CORPORATION OF THE MUNICIPALtTY OF KIN RDINE 5l~ ayor- rryKrae ef \ '- >-~~O "^il Cl;ief Administrative Officer- John deRosenroll IlWehavealJthoritytobindtheoorporatiOl1 INTERVIVOS INVE - hilipOlis rilyto bind the oorporation ~ "" m-- ~.. _.n wI! _0 -, ~~ ~ m . .~ ~w ~~ m~ ~o --- ~~ ~- mW - - 01;5 o~ .12 <ll ,~~ -- . Be 'm "'~ -- wz~ 0" , m ~ " ~mm 0''0'0 _6Z' 0_ 0 ~.8 t::::!: m~ ~~. ..::l.<:: ~~- N-O .........- 0::<<> ~ '" 0::'- a..!"!"E 6a.l] _~O 002 ~~~ ~ ~ C W ~ u m SCHEDULE "8" The "approved site plan" shall be the plan drawn by the Owner and marked as the "approved slte plan" signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes marked in red and Initialed by the Chief Administrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. SCHEDULE "C" SITE DEVELOPMENT REQUIREMENTS 1. The Owner agrees thatlhe completion date for all work required pursuant to this agreement shall be December 31, 2008 and provide the Municipality with as constructed drawings. 2. The Owner agrees to prepars a grading and dralnage plan acceptable to th e Municlpality and all surface and roof drainage shall be oontrolledln accordancewilhtheapprovedplansinamannersatisfactorytothe Municlpality. Final Grading Certificate completed by a Professional Engineer or a Registered Ontario Land Surveyor, must be submilled. 3. The Owner agrees that any floodllghling of the land shall be installed in such a manner so as to deflect the light away from adjacent streets and propert les orso controlled in intensity so as to prevent glars 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 soli from the site by wind or water, and the Owner agrees to abide by any request of the Municipallty's Chief Building Official or Engineer In this regard,acting reasonably. 5. The Owner agrees to install temporary fencing or otherwise adequately protectalltrees,shrubsandothervegetationwhicharetoberetained,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 requiremenls of the Municipality's Pubic Works Manager in this regard,acting reasonably. 6. The Owner agrees that any internal driveways which are necessary for, and designated as, afire route shall be so designed so as to carry the weight of the Munlcipality's fire fighting equipment. 7 The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantlngs shall be installed to the specifications and requiremen !sas 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 sidewalklstreet and one parking area by use of sidewalk ramps of proper gradient and surfacing. 9. TheOwneragreestoappropriatelyandproperlyfinishalJlandslylngbetween the "subject lands" and any and all abutling streets, whlch,withou t limiting the generality of the foregoing shall include the following: i) landscaping of lands Iylng between the street line and property line not to be used for vehicular or pedestrian entrances with topsoil and sod/seed. ii} installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete or other hard surfacing acceplabletotheMunicipallty'sEngineer. Iii) removal ofexlsling driveways which are not to be used with replacemenl by appropriate landscaping as detailed above. 10. The Owner agrees to obtain a building permit within six (6) months from the dateofthisagreemenl. Failure to oblain 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 olher hard surfacing acceptable to the Municipalily'sEngineer. 12. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note Ihat all major variations must be approved by Council in the fonn of a Site Plan amendment to this agreement. Magwood, Van De Vywre, Thompson & Grow-McClement LLP BARRISTERS & SOLICITORS 215 DURHAM STREET, BOX 880 VVALKERTON,ONTAJUO NOG 2VO <SEOR<SE C. MA<SWOOD, B.A., LL.B. BRIAN J. VAN DE VYVERE, B.A., LL.8. C. HEDLEY THOMPSON, B.A., LL.M. TAMMYW. GROVE-McCLEMENT, B.A., LL.8 TELEPHONE (519) 881-3230 E-MAIL wmvt@bmts.com FAX (519) 881-3595 October 18,2007 The Municipality of Kincardine 1475 Concession 5, R.R. #5 Kincardine, Ontario N2Z 2X6 Attention: Michelle Barr, M.A.A.T.O. Building and Planning Manager Dear Ms. Barr: RE: Intervivos Investments Limited Lot F and G. Lot 10 RP 127. (Geo2raphic Town of Kincardine) Further to your letter dated September 26, 2007, I now enclose the following documentation. 1. Electronic receipt of registration BR 7805 registered October 16, 2007 - Intervivos Investments Limited Site Plan Agreement 2. Duplicate receipt of registration BR 7806 registered October 16, 2007 - Intervivos Investments Limited - Development Agreement I am also enclosing extra copies of the agreement, draft copies of the notice and the original by-laws authorizing these agreements by the Municipality. I would also like to confirm that it was necessary to make changes to the schedule attached to the development agreement as the sketch had to be replaced with a verbal description for registration purposes. -2- Please contact me if you have any questions regarding the registration of these agreements. Yours truly, MAGWOOD, VAN DE VYVERE, THOMPSON & GROVE-McCLEMENT ~-'P ~ ~-f George C. Magwood GCM:sg EncIs. Agenda Council File No. n I;). ~ I hTeYVI v O~) I )n\'"~iJrent-s LH Consent 0 Dkection C~Pied Other: -=R-\ - =l% I ~du.: Lf CAO 0 ~ Ot"~ . \i...r ____ Clerk 0 Treasury 0 ~ Publlt Wens 0 PfannlnglBut1ding ~ I Recreation 0 OJ El1l8fgency Services 0 d Scanner: Police Services 0 q REeF!V"'''' ""T ? 2 2007 Tourism/Ec. Dev. 0 [jJ -~ I Other: 0 >: ~ LRO # 3 Notice Under 5.71 Of The Land Titles Act Receipted as BR7805 on 2007 10 16 yyyy mm dd at 09:54 The applicant(s) hereby applies to the Land Registrar. I Properties PIN Page 1 of 9 Description 33303 - 0768 L T L T 10 PL 127; PT LTG PL 61 (SUBDIVISION OF BLK N/S BROADWAY ST E); PT L T F PL 61 (SUBDIVISION OF BLK N/S BROADWAY ST E) AS IN R227669; KINCARDINE 00771 BROADWAY ST 781 KINCARDINE Address I Consideration Consideration $ 1.00 I Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name Address for Service THE CORPORATION OF THE TOWN OF KINCARDINE 1475 Concession 5, R. R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation Larry Kraemer, Mayor and John deRosenroll, Chief Administrative Officer. I Party To(s) Capacity Share Name Address for Service INTERVIVOS INVESTMENTS LIMITED 756 Spadina Road Toronto, ON M5P 2X4 I, Philip Otis, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. I Statements This notice is for an indeterminate period Schedule: See Schedules I Signed By John Michael Keip 215 Durham Street, Box 880 Walkerton NOG 2VO acting for Applicant(s) Signed 2007 10 04 Tel 519-881-3230 Fax 5198813595 I Submitted By WAECHTER, MAGWOOD 215 Durham Street, Box 880 Walkerton NOG 2VO 20071016 Tel Fax 519-881-3230 5198813595 ,. /Fees/Taxes/payment Statutory Registration Fee $60.00 Total Paid $60.00 I File Number Applicant Client File Number: 12270 " ... SITE PLAN AGREEMENT This AGREEMENT made this _\C1-J-L BETWEEN: day Of~, 2007. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- INTERVIVOS INVESTMENTS LIMITED hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that it is the registered owner of those lands in the Municipality 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 "A" attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, 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 Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality 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 Municipality 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 Municipality, 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. 3. The Owner agrees to allow the Municipality at its 90le 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". ...2 Page 2 Site Plan Agreement 4. The Owner agrees to indemnify and hold harmless the Municipality from and against all suits, judgments, claims, demands expenses actions, causes of action and losses and for any and all liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, or the Municipality's own negligence or willful misconduct. 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 from complying with all applicable municipal requirements. 7. The Owner hereby grants to the Municipality, 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 Municipality under this agreement. 8. Once the Municipality of Kincardine has entered into the site plan agreement with the owner, all subsequent documents binding the Corporation will be executed by the Mayor & CAD. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. The Owner agrees to undertake development on the "subject lands", at its 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", 1 O. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule "C" attached hereto. 11. a) Upon completion of the development of the "subject lands" in conformity with the provisions of this agreement, the CAO shall issue a certificate of compliance. b) "Certificate of compliance" shall mean a statement of the Municipality 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 Municipality shall not be stopped from pursuing any or all its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the subject lands. 12. 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 Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". ...3 Page 3 Site Plan Agreement 13. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at its sole risk and expense and the Owner agrees the "subject lands" will not impede or prohibit performance of the maintenance provided for in this agreement. 14. The Owner agrees to maintain in good repair and at its sole expense the subject lands" in conformity with the provisions of Schedule "B" (approved site plan) and Schedule "G" (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. 15. The Owner agrees 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", 16. The Owner agrees that, at its 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 Municipality'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. 17. The Owner agrees to maintain at its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untraveled portions of Municipality-owned road allowances abutting the subject lands. 18. 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 Municipality and that in default thereof and in the sole discretion of the Municipality, the Municipality may perform such requirements at the expense of the Owner and such expense may be recovered by the Municipality 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. 19. 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 Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properly executed documents in a form that can be registered, to the Municipality in order to complete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; c) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule "A" attached hereto, free and clear of all encumbrances. . .. 4 Page 4 Site Plan Agreement PART C - DEFINITIONS 20. 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 Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest by the hand of its Mayor and Chief Administrative Officer this \Oji4- day Of~U) 2001 The parties have hereunto set their hands and seals this \<=1i-\-- day of ""~O~ 2007. SIGNED, SEALED AND DELIVERED in the presence of ) ) ) ) ) ) ) ) )---= ~ )~~~>-.~^^" / ) Chief Administrative Officer- ) John deRosenroll ) I/We have authority to bind the corporation ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF KI CARDINE SCHEDULE "A" Lot 10, Plan 127; Part Lot G, Plan 61 (Subdivision of BLK N/S Broadway St. E); Part Lot F, Plan 61 (Subdivision of BLK N/S Broadway St. E) as in R227669, Municipality of Kincardine in the County of Bruce SCHEDULE "B" The "approved site plan" shall be the plan drawn by the Owner and marked as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. SCHEDULE "C" SITE DEVELOPMENT REQUIREMENTS 1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be December 31, 2008 and provide the Municipality with as constructed drawings. 2. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. Final Grading Certificate completed by a Professional Engineer or a Registered Ontario Land Surveyor, must be submitted. 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 Municipality'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 Municipality's Pubic Works 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 Municipality'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 surfacing. 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. ii) 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 Municipality's Engineer. iii) 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 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 Municipality's Engineer. 12. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement. SITE PLAN AGREEMENT This AGREEMENT made this ~day of '\; ~ ,^,,",,^ 1\ ^ , 2007. BETWEEN: ~ THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- INTERVIVOS INVESTMENTS LIMITED hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that it is the registered owner of those lands in the Municipality 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 "A" attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, 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 Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality 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 Municipality 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 Municipality, 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. 3. The Owner agrees to allow the Municipality 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". . .. 2 Page 2 Site Plan Agreement 4. The Owner agrees to indemnify and hold harmless the Municipality from and against all suits, judgments, claims, demands expenses actions, causes of action and losses and for any and all liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, or the Municipality's own negligence or willful misconduct. 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 from complying with all applicable municipal requirements. 7. The Owner hereby grants to the Municipality, 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 Municipality under this agreement. 8. Once the Municipality of Kincardine has entered into the site plan agreement with the owner, all subsequent documents binding the Corporation will be executed by the Mayor & CAO. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. The Owner agrees to undertake development on the "subject lands", at its 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", 1 O. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule "C" attached hereto. 11. a) Upon completion of the development of the "subject lands" in conformity with the provisions of this agreement, the CAO shall issue a certificate of compliance. b) "Certificate of compliance" shall mean a statement of the Municipality 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 Municipality shall not be stopped from pursuing any or all its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the subject lands. 12. 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 Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". ...3 Page 3 Site Plan Agreement 13. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at its sole risk and expense and the Owner agrees the "subject lands" will not impede or prohibit performance of the maintenance provided for in this agreement. 14. The Owner agrees to maintain in good repair and at its sole expense the subject lands" in conformity with the provisions of Schedule "8" (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. 15. The Owner agrees 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 "8", 16. The Owner agrees that, at its 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 Municipality'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. 17. The Owner agrees to maintain at its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untraveled portions of Municipality-owned road allowances abutting the subject lands. 18. 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 Municipality and that in default thereof and in the sole discretion of the Municipality, the Municipality may perform such requirements at the expense of the Owner and such expense may be recovered by the Municipality 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. 19. 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 Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properly executed documents in a form that can be registered, to the Municipality in order to complete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; c) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule "A" attached hereto, free and clear of all encumbrances. . .. 4 Page 4 Site Plan Agreement PART C - DEFINITIONS 20. 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 Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest by ~he hand of its Mayor and Chief Administrative Officer this ~ day Of$'eplOJY)t1v) 20cR The parties have hereunto set their hands and seals this IC'\ -l-L day of *nb?)) 2007. SIGNED, SEALED AND DELIVERED in the presence of .dJi~ ) ) ) ) ) ) ) ayor La ry Kraemer ) )~ JJ )~---,'-- ~<-~r>1~ . ) Chief Administrative Officer- ) John deRosenroll ) l!We have authority to bind the corporation ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Philip Otis . y to bind the corporation . SCHEDULE "A" Lot 10, Plan 127; Part Lot G, Plan 61 (Subdivision of BLK N/S Broadway S1. E); Part Lot F, Plan 61 (Subdivision of BLK N/S Broadway S1. E) as in R227669, Municipality of Kincardine in the County of Bruce SCHEDULE "B" The "approved site plan" shall be the plan drawn by the Owner and marked as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. SCHEDULE "C" SITE DEVELOPMENT REQUIREMENTS 1 . The Owner agrees that the completion date for all work required pursuant to this agreement shall be December 31, 2008 and provide the Municipality with as constructed drawings. 2. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. Final Grading Certificate completed by a Professional Engineer or a Registered Ontario Land Surveyor, must be submitted. 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 Municipality'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 Municipality's Pubic Works 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 Municipality'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 surfacing. 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. ii) 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 Municipality's Engineer. iii) 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 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 Municipality's Engineer. 12. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement. LRO # 3 Notice Under 5.71 Of The land Titles Act In preparation on 2007 10 04 yyyy mm dd at 15:58 This document has not been submitted and may be incomplete. Page 1 of 1 I Properties PIN Description Address 33303 - 0768 L T LT 10 PL 127; PT LT G PL 61 (SUBDIVISION OF BLK N/S BROADWAY ST E); PT LT F PL 61 (SUBDIVISION OF BLK N/S BROADWAY ST E) AS IN R227669; KINCARDINE 00771 BROADWAY ST 781 KINCARDINE I Consideration Consideration $ 1.00 I Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name THE CORPORATION OF THE TOWN OF KINCARDINE Acting as a company 1475 Concession 5, R. R. #5 Kincardine, ON N2Z 2X6 Address for Service This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation Larry Kraemer, Mayor and John deRosenroll, Chief Administrative Officer. I Party To(s) Capacity Share Name INTERVIVOS INVESTMENTS LIMITED Acting as a company 756 Spadina Road Toronto, ON M5P 2X4 Address for Service I, Philip Otis, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. I Statements This notice is for an indeterminate period Schedule: See Schedules I Signed By John Michael Keip 215 Durham Street, Box 880 Walkerton NOG 2VO acting for Applicant(s) Signed 2007 10 04 Tel 519-881-3230 Fax 5198813595 I File Number Applicant Client File Number: 12270 SITE PLAN AGREEMENT This AGREEMENT made this BETWEEN: \qR day Of~, 2007. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- INTERVIVOS INVESTMENTS LIMITED hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that it is the registered owner of those lands in the Municipality 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 "A" attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, C.P. 13, 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 Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality 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 Municipality 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 Municipality, 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. 3. The Owner agrees to allow the Municipality 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". ...2 Page 2 Site Plan Agreement 4. The Owner agrees to indemnify and hold harmless the Municipality from and against all suits, judgments, claims, demands expenses actions, causes of action and losses and for any and all liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, or the Municipality's own negligence or willful misconduct. 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 from complying with all applicable municipal requirements. 7. The Owner hereby grants to the Municipality, 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 Municipality under this agreement. 8. Once the Municipality of Kincardine has entered into the site plan agreement with the owner, all subsequent documents binding the Corporation will be executed by the Mayor & CAO. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. The Owner agrees to undertake development on the "subject lands", at its 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", 1 O. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule "C" attached hereto. 11. a) Upon completion of the development of the "subject lands" in conformity with the provisions of this agreement, the CAO shall issue a certificate of compliance. b) "Certificate of compliance" shall mean a statement of the Municipality 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 Municipality shall not be stopped from pursuing any or all its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the subject lands. 12. 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 Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". ...3 Page 3 Site Plan Agreement 13. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at its sole risk and expense and the Owner agrees the "subject lands" will not impede or prohibit performance of the maintenance provided for in this agreement. 14. The Owner agrees to maintain in good repair and at its sole expense the subject lands" in conformity with the provisions of Schedule "B" (approved site plan) and Schedule "e" (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. 15. The Owner agrees 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", 16. The Owner agrees that, at its 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 Municipality'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. 17. The Owner agrees to maintain at its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untraveled portions of Municipality-owned road allowances abutting the subject lands. 18. 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 Municipality and that in default thereof and in the sole discretion of the Municipality, the Municipality may perform such requirements at the expense of the Owner and such expense may be recovered by the Municipality 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. 19. 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 Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properly executed documents in a form that can be registered, to the Municipality in order to complete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; c) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule "A" attached hereto, free and clear of all encumbrances. . .. 4 J . Page 4 Site Plan Agreement PART C - DEFINITIONS 20. 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 Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest by the hand of its Mayor and Chief Administrative Officer this Jq-tG day of~Q/) 2007. The parties have hereunto set their hands and seals this l'ltL day of ~12007. SIGNED, SEALED AND DELIVERED in the presence of ~~~~ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE r- ~r"'-- A_~~^^-a11 Chief Administrative Officer- John deRosenroll I/We have authority to bind the corporation hilip Otis o y to bind the corporation .L " w SCHEDULE "A" Lot 10, Plan 127; Part Lot G, Plan 61 (Subdivision of BLK N/S Broadway S1. E); Part Lot F, Plan 61 (Subdivision of BLK N/S Broadway S1. E) as in R227669, Municipality of Kincardine in the County of Bruce SCHEDULE "B" The "approved site plan" shall be the plan drawn by the Owner and marked as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer.