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HomeMy WebLinkAbout08 055 1091711 Ontario Ltd Site Plan Agreement . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2008 - 055 BEING A BY.LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH 1091711 ONTARIO LTD. (Lot 3 Plan 61, Part Lot 2 Plan 61, Part 1, 3R4581) 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 1091711 Ontario Ltd. for that property described as Lot 3 Plan 61 (Subdivision of Lot 5 WIS Queen St); Part Lot 2 Plan 61 (Subdivision of Lot 5 WIS Queen 5t) Part 1, 3R4581, Municipality of Kincardine, 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 1091711 Ontario Ltd. to ensure appropriate development of those lands described as Lot 3 Plan 61 (Subdivision of Lot 5 WIS Queen St); Part Lot 2 Plan 61 (Subdivision of Lot 5 WIS Queen St) Part 1, 3R4581; 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 1091711 Ontario Ltd., 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. This By-law may be cited as the "1091711 Ontario Ltd. (Lot 3 Plan 61, Part Lot 2 Plan 61, Part 1; 3R4581) Site Plan Agreement By-law." 4. .../2 . . . . Page 2 1091711 Ontario Ltd. (Lot 3 Plan 61, Par! Lot 2 Plan 61, Par! 1; 3R4581) Site Plan Agreement By-law By-law No. 2008 - 055 READ a FIRST and SECOND TIME this 9th day of April, 2008 ~ i>~le~~f)[!Q_1. READ a THIRD TIME and FINALLY PASSED this 9th day of April, 2008. , ) ~ Mayor UJ1OdpjJ.-Q.. ~(fR}.eO ~ ~Clerk t~ '. LRO # 3 Notice Under 5.71 Of The Land Titles Act Receipted as BR13348 on 2008 04 17 yyyy mm dd at 11:32 The applicant!s) hereby applies to the Land Registrar. I Properties PIN Page 1 of 6 Description 33312 - 0033 LT LT 3 PL 61 (SUBDIVISION OF LT 5 WIS QUEEN ST); PT LT2 PL 61 (SUBDIVISION OF LT 5 WIS QUEEN ST) PT 1, 3R4581: KINCARDINE 00291 HARBOUR ST 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 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Address lor Service 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 by Larry Kraemer, Mayor and John deRosenroll, Chief Administrative Officer. I Party To(s) Capacity Share Name Address lor Service 1091711 ONTARIO LTD. cia Daniel Showalter R.R.#5 Kincardine, ON N2Z 2X6 I, Daniel Schwalter, President, have the authority to bind the corporation This document is not authorized under Power ot Attorney by this party. I Statements This notice is for an indeterminate period Scheduie: See Schedules I Signed By John Michael Kelp 215 Durham Street, Box 880 Walkerton NOG 2VO acting for Applicant(s) Signed 2008 04 17 Tel 5198813230 Fax 5198813595 I Submitted By MAGWOOD, VAN DE VYVERE , THOMPSON & GROVE-MCCLEMENT LLP 215 Durham Street, Box 880 Walkerton NOG 2VO 20080417 Tel 5198813230 Fax 5198813595 I FeeslTaxeslPayment Statutory Registration Fee $60.00 Total Paid $60.00 I File Number Applicant Client Fife Number: 12874 'This~~b!"u1e ~~, No. n'" passed the . day of . 200.'( ~lerl' J SITE PLAN AGREEMENT This AGREEMENT made this BETWEEN: q+h day of /4p n' I ,2008. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- 1091711 ONTARIO lTD. 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 iand 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". Page 2 Site Plan Agreement 4. The Owner will at all times indemnify and save harmiess the Municipality on a solicitor and client basis from all loss, costs and damages which the Municipality 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 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 detaiied in Schedule "6" attached hereto, which shall hereinafter be referred to as the "approved site plan", 10. The Owner agrees that the completion date for all work required pursuant to this agreement shall be December 31,2008. 11. a) Upon completion of the development of the "subject iands" 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 faiiure 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 untii 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". 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 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 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. PART C - DEFINITIONS 16. 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. IN WITNESS WHEREOF the Municipality has hereto affixed its cow,orate seal attest by the hand of its Mayor and Chief Administrative Officer this ---9:1':'- day of 4f:lci-l 2008. The parties have hereunto set their hands and seals this q.Jt. day of ..A:pti.L 2008 SIGNED, SEALED AND DELIVERED in the presence of Witness ) ) THE CORPORATION OF THE ) MUNICIPALITY OF KINCARDINE ) ) ) ) yor a Kraemer ) . ~.3: ,. ~S< <'0) . ~JJ ) Chief Administrative Officer- ) John deRosenroll ) ) I/We have the authority to bind the Corporation ) ) ) ) ) , .' SCHEDULE "A" Lot 3 PI 61 (Subdivision of Lt 5 W/S Queen St); Pt Lt 2 PI 61 (Subdivision of Lt 5 W/S Queen St. Pt 1 3R4581, Kincardine Being all of PIN 33312-0033 (LT) s- '" ::; '5 c: 0 "iij "> '8 ::> en - ~ <0 0. C\I ::; :=c - 0. W f)5 .J ::J c: C " W " J: ::> 0 0 l/) en ~ '" ::; '5 c: 0 "iij ':;: T'"" 'a Ii: .c ::>.... en en -c: ~" <0" - ::> 0.0 "'en s~ 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.