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HomeMy WebLinkAbout07 357 2118344 Ontario Inc (Pt Lt 1 Con 1 SDR Pts 1, 2 & 5 3R8356 MoK) Site Plan Agreement e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2007 - 357 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH 2118344 ONTARIO INC. (Part Lot 1, Concession 1 SDR Pts 1, 2 and 5 3R8356; Municipality of Kincardine in the County of Bruce) 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 2118344 Ontario Inc. for that property described as Part Lot 1, Concession 1 SDR. pts 1,2 and 5 3R8356; 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 DHC Development to ensure appropriate development of those lands described as Part Lot 1, Concession 1 SDR pts 1, 2 and 5 3R8356; 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 2118344 Ontario Inc., 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 "2118344 Ontario Inc. (pt Lt 1 Con 1, SDR pts 1, 2 and 5 3R8356 Municipality of Kincardine) Site Plan Agreement By-law." .../2 e e e e Page 2 DHC Development (pt Lt 1, Con 1, Bruce) Site Plan Agreement By-law By-law No. 2007 - 357 READ a FIRST and SECOND TIME this 21st day of November, 2007 ---e . ~ ~Q~d.Q. Clerk ayor READ a THIRD TIME and FINALLY PASSED this 21st day of November, 2007. ~~~~~ ayor f)",,- ~ Clerk ThisJ&~$~dule ".A" to B~-Law No. "G=!. passed the ~ day -20o;:r &~~ Clerk This AGREEMENT made this ""--I 8-] BETWEEN: SITE PLAN AGREEMENT THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" OF THE FIRST PART ,and- 2118344 Ontario Inc. (hereinafter referred to as the "Owner") OF THE SECOND PART WHEREAS the Owner represents that they are 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 (the "Lands"); 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, cP. 13, as amended, that applies to the Lands; AND WHEREAS the covenants, agreements, conditions and understandings herein contained on the part of the Owner, shall run with the Lands 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 the Lands by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner and for all successors in title, HEREBY AGREE 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 the Lands and is the holder of an easement that is registered or is pending registration, affecting a portion of the Lands (hereinafter called the "Easement 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 title to the Lands. 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 its own negligence or willful misconduct, as a result of or arising out of the matters dealt with in this Agreement or in relation to any breach of the terms of this Agreement. 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 grant to the Municipality, its servants, agents and contractors a license to enter the Lands and the Easement Lands for the purpose of inspection of the works and the Lands or for any other purpose pursuant to the rights of the Municipality under this agreement. 8. Once the Municipaiity of Kincardine has entered into this site plan agreement with the Owner, all subsequent documents binding the Municipality must be executed by the Mayor & CAO. PART 8 - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. The Owner agrees to undertake development of the Easement Lands at its sole expense, in conformity with the site plan as detailed in Schedule "8" attached hereto, which shall hereinafter be referred to as the "Approved Site Plan". 10. 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 Easement Lands in conformity with the provisions of this agreement to the satisfaction of the Municipality, 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 estopped 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 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 the Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the Lands and the Easement Lands 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 Lands and the Easement Lands will not impede or prohibit performance of the maintenance provided for in this agreement. Page 3 Site Plan Agreement 14. The Owner agrees to maintain in good repair and at its sole expense the 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 facilities and matters required by this Agreement shall be provided and maintained at the Owners 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 enter onto the Lands and 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, RS,O., 1990, c.M, 45, as amended. 16. 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) The Owner agrees 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 Lands 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 the Owner agrees to pay all costs incurred by the Municipality in respect to the aforementioned dedications, and; c) To, where required by Municipal resolution, dedicate to the Municipality any lands required by the Municipality for the widening of highways that abut on the Lands free and clear of all encumbrances. 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 Page 4 Site Plan Agreement 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 ~ I si attested t9 by the hand of its Mayor and Chief Administrative Officer this ~ day of ~ 2007. The parties have hereunto set their hands and seals this :J-;)rd day of NrW 2007. SIGNED, SEALED AND DELIVERED ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) I have authori to bind the Corporation Party of the First Part: in the presence of ~ Mayor L rry Kraemer I If ~~''-)>. ~~ .TJ . ^^-.JfJ .. ief Administrative Officer- John deRosenroll l!We have authority to bind the Corporation ~JJ~ Party of the Second Part: Title: President 'I.." /'''',' SCHEDULE "A" - the Lands Part Lot 1, Concession 1 SDR pts 1,2 and 5 3R8356; Municipality of Kincardine in the County of Bruce SCHEDULE "B" The "approved site plan" shall be drawn by the Owner and marked 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 acceptabie 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 fioodlighting of the land shall be installed in such a manner so as to defiect 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 othelWise 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 and marked as fire routes by signs. 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 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 or cement acceptable to the Municipality Engineer. 12. The Owner agrees that the significant features indicated on the "approved site plan" will be kept in good repair at all times. i) entry gates ii) pedestrian access including the bridge/culvert crossing of the ditch 13. The Owner agrees to grant an easement in favor of the Municipality over the ditch along the northerly and westerly side of the site to provide for access, repair and maintenance of the ditch. The nature and extent of the easement shall be approved by the Public Works Manager. 14. The Owner agrees to make any changes in location and extent of the sidewalk and pedestrian access subject to M.T.O and Municipal approvais. 15. The Owner agrees to submit an electrical drawing indicating the specifications for the light standards and the overall site lighting requirements approved by the Municipality Engineer. 16. The Owner acknowledges that he will be required to execute a development agreement with the Municipality and will be required to complete road improvements and sidewalk access on lands external to the site. The extent and nature of these improvements are subject to review and approval by the Municipality and the M.T.O. 17. 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.