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HomeMy WebLinkAboutKIN 93 042 Sp - Davey-Linklater . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1993-42 A BY-LAW TO AUTHORIZE THE SIGNING OF SITE PLAN AGREEMENT WITH DAVEY LINKLATER FUNERAL HOME LTD. WHEREAS the Council for The Corporation of Kincardine deems it advisable to enter into agreement with Davey Linklater Funeral Home Ltd.; 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 Davey Linklater Funeral Home Ltd. . 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with Davey Linklater Funeral Home Ltd. which is attached to this by-law and to affix the Town's Corporate seal as and when required. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Davey Linklater site Plan Agreement By-law". READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 5th day of August, 1993. ~~~ Mayor THIS AGREEMENT made in triplicate this 1993. BE'l'WEEN : 5" ~ day of August THE CORPORATION OF THE TOWN OF KINCARDINE . hereinafter called the "Town" of the First Part -and- Davey Linklater Funeral Home Ltd. hereinafter called the "owner" of the Second Part SITE PLAN AGREEMENT WHEREAS the owner represents that he is the registered owner 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 hereto agree that the lands affected by this agreement are as set out in Schedule "A" attached hereto; AND WHEREAS the By-law pursuant to Act, R.S.O., 1990, Town has enacted a Site plan Control Area the provisions of Section 41 of the Planning 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 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". The owner hereby releases the Town, its servant~, 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. 2. 3. 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". Page 2 4. . site Plan Agreement 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. 9. 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 "B" hereto, which shall hereinafter be referred "approved site plan". The owner abide by, requirements hereto. agrees to provide, install or otherwise at his sole expense, the site development as detailed in Schedule "C" attached 10. a) Upon completion of the development of the "subject lands" in conformity with the provisions of this agreement, the Town shall issue a certificate of compliance. b) "Certificate of Compliance" shall mean a statement of the Town as to the substantial completion of the works, matters and facilities required by this agreement and shall not be deemed to certify compliance with any other municipal requirements, regulations, or by-laws, and the Town shall not be stopped from pursuing any or all of its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of the Town's requirements, regulations or by-laws which relate to the subject lands. The Owner hereby acknowledges that failure to complete all required works within the specified time period shall mean a certificate of compliance will not be issued until such work necessary to complete the development is done, and that until such certificate of compliance has been issued, in the event that the prescribed time period has lapsed, the Town has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". 11. . 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 used in any manner which will impede or prohibit performance of the maintenance provided for in this agreement. page 3 site Plan Agreement . 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". 13. 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 replace any trees destroyed on Town lands during the construction process, with two trees of a similar variety (maple), and a diameter of at least three inches. 17. 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. 18. The Owner agrees to maintain a m~n~mum nine foot clearance on the south ingress, in order to allow for access of fire vehicles to the back of either the "subject lands" or the rear of the adjacent property to the south. 19. The Owner agrees to dispose of any fluid wastes generated through the embalming practices of the facility in accordance with the prov~s~ons of Regulation 347 of the Environmental Protection Act, R.S.O. 1990. 20. The Owner agrees to replace any sidewalk removed or substantially destroyed, at the entrances, with new sidewalk having a minimum depth of concrete of six inches. All other sidewalk removed or substantially destroyed shall be replaced with new sidewalk having a minimum depth of four inches. . Page 4 site Plan Agreement . 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. 22. The Owner agrees to do the following: 21. 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 registrable form 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; c) to, where required by Town resolution, dedicate to the Town widenings of highways that abut on the land described in Schedule "A" attached hereto, free and clear of all encumbrances. PART C - DEFINITIONS 23. In this Agreement and the Schedules attached hereto: i) "Building which the structures Area" shall mean the erection and use of shall be permitted. only area buildings upon and 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. . . Page 5 site Plan Agreement 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. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals attested to by the hands of their proper officers in that behalf fully authorized. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF .THE:·'1'OWN··OFé; . :- '--." .. / ~NCARDIN c'': -- ....;. ¿~.~~- Ma - Charles. W., ~~.n ::::. .._.~'_>~._: :~ ~'.':::~-~-:-~>--' --. DAVEY L LTD. LATER FUNERAL HOME ;f_dL-,~. itness ~ . . SCHEDULE 'A' SUBJECT LANDS THAT certain parcel of land being in the Town of Kincardine, County of Bruce, Province of ontario and composed of lots 9, 10 and part of Lot 11 east of Princes Street, Registered Plan 61. . . SCHEDULE ' B' APPROVED SITE PLAN The "approved site plan" shall be the plan drawn by Grant Diemert and marked as the "approved site plan", signed by the Town's clerk-administrator or deputy, signed by the Owner and with any changes marked in red and initialled by the clerk-administrator or deputy and the Owner. This "approved site plan" shall be filed with the Town's clerk-administrator. SCHEDULE 'c' SITE DEVELOPMENT REOUlREMENTS 1. The owner agrees that the completion date for all work required pursuant to this agreement shall be July 31, 1994. . The owner agrees to prepare a grading and drainage plan acceptable to the Town's Engineer and all surface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Town's Engineer. 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. 2. 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 Maintenance supervisor in this regard, acting reasonably. 6. The owner agrees that any internal driveways which are necessary for and designated as a fire route shall be so designed so as to carry the weight of the Town's Fire Fighting equipment. 7. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 8. The Owner agrees that the site and building shall be designed so as to provide unobstructed access for wheelchairs to at least one main building entrance from the public sidewalk/street and one parking area by use of sidewalk ramps of proper gradient and 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. 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. ii) iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 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 undertakes to provide, upon request of the Town's Engineer, acting reasonably, such easements as the Town may require for the constructing, improvement or maintenance of watercourses, ditches, land drainage works and sanitary sewerage facilities. 12. The owner agrees that all driveways and parking areas as indicated on the "approved site plan" shall be surfaced with asphalt or cement. 13. 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. .