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Home My WebLink AboutKIN 91 077 Sp - Hewitt Lt 6-8 . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1991-77 TO BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT WITH CLIFFORD W. HEWITT CONCERNING LOTS 6 TO 8, SOUTH SIDE DURHAM MARKET SQUARE. WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to enter into a site plan agreement with Clifford W. Hewitt, concerning Lots 6 to 8, South Side Durham Market Square. NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. The mayor and clerk are hereby authorized to execute on behalf of The Corporation of the Town of Kincardine, a site plan agreement with Clifford W. Hewitt, concerning Lots 6 to 8, South Side Durham Market Square. 2. This by-law shall come into full force and effect upon its final passage. 3. This by-law may be cited as the "Hewitt site Plan Agreement By-law". READ a FIRST and SECOND time this 15th day of August, 1991. READ a THIRD time and FINALLY PASSED this 17th day of October, 1991. j~tuJ d /MkÞt1J Mayor J \,. ® Ontario Ministry of Consumer and Commercial Relations Registry Act/lliMl~~grxlt~E~â= . Certified True Copy of Instrument (Designated Area) In the Land Registry Office Bruce No.3. Certificate (Clause 16(4) (c) of the Registry Act (tj(~IäO'S'é:~X~XI.OUII!XIt.JOd<muX41l!:t;) CERTIFIED to be a true copy of Instrument # 282342 (instrument .K~)I)IO.iX~ (If record, add: 1991 December 3 12:48P.M. (year, month, day, time) ) Dated at Wa1kerton, Ontario this 3rd day of December, 1991. v~~-~~ . 10351 (021891 ..... - .,! . ~ Province ,01 Ontario Document General Form 4 - UncI RI,I>b I. n ....... Act, 1884 o Number 282342 CERTIFICATE OF REGISTRATION UncI Tittel 0 (2) Page 1 01 Block property 9 pages (1) RegIoIrJ iii (3) P....,. ''''-.(1) Addilion8l: ~_Io 0 ·91 œc -3 Pl2 :-48 (4) _ of Document Site Plan Agreement BRUCE No.3 WALKERTON (5) eo. ..III..... N/A DoII8fS $ I.aAd Registrar (I) Dwc.",IMI All and singular that certáinparcel or tract òf land situate, l}'ing and being in the Town of Kincardine, County of Bruceandcomposèd of Lots!?, 7 _ and B on the $9utn si(je {)f _ Durham . '. Mai:k'e-t_-)}l:iginål- Plàn~--êf Pelfét--angqre: in-the· . Tuwn- of Kincardine,' County of Brucê.· . _ property Identifiers AddilionaJ: ="'10 0 Addilion8l: tr.-.. 0 (7) ThIo Document ConIIIIno: o Additional Description 0 Patties 0 Other iii (a) -.tption -~ PIonISkeIch (b) Schadulolo" (I) ThIo Ooeo -Int ..."._ . 101.....: Site Plan Agreement. Continued on SchaduIa 0 (I) ThIo DoaImant .......... - numboI(l' (10) hItJ{"') (Set out Status or 1_) Nama(a) ~~.<'::: ~~i..I;~:~ ..:.. ".': . Slgntlul1l('!!:::- '_Dota 01 Slgntlure /-/ /._. - Y M D " '-- f19<}1 ill :17 . ...," .,'.., '~.':" >i" .'..!.. -1-.. . . . . . ..·.·..·:~;>~~~~;~~·.,~.:,.~~L. . . . .11 . . J . . ':'.'.,'" " \.'"-',".'\'¡- j .: :. , " ..... .... ..... ,... .... .......... ·t···· '1"';'" , " , " : :: , " , " THE CORPORATION OF THE TOWN OF ................... .......................... ............................ ............. ... .................... ,...... .................. (11) _ lot........ )b:-rk!f:t'?- ørJG' 0 (12) Par\J(1aI) (Set out Status or Inlaresl) Nøme(I) CLIFFORD WARREN HEWITT Signtlul1l(s) Date of Signature Y M D ....................... ,-................. , , , " , " ... .... ............. .... ........ ...... ...... ..... , " , " , " , " , " , " , " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . r . . 'J' . . , " , " , " -I J: ........... . . ... .. . .. . .. ,. '-'"~ .-. . .....~J. . .. . t·· 'j' . . , " ----- ¡ - ¡ "..,.."..,...........,.. ................... ~ .................................. ........ . (13)--. -- . . : tar...... .. R.R~#4-j-KiI)..Cárdil)e,-Þritari{) N2Z· 2X5 (15) .DoçuIllOl!I ~ by:... - . _ ,F... and Tax ' ~ - - - - -- z JieÜ!stridion f"ee - -_:-- ~OO - . 0·-· - ,- . ,,0 -~- - _(1~lIunk;IpoÍI'--"ofPropèIty ,_ . . . . - -D'll;:h!!m. -Mãrke{.~ Square·, Kinc_-à'rdiJ.ie, Oi1tarj,ó ~ . N2t 1209 -- . - Ronal-d'R. Shaw,: Gled Town- _of. :Kincai'_diU.e, - 107 QueenSEreet, Kincardine, Ontario N2Z 12.9 (/).. ;:) ~ ¡¡: ... o a:: ~ ToI8I c:z,;;crJ ApriI,1985 New80IDIt and GObert. Limited FonD LF1333 (1/85) Z--- THIS AGREEMENT made in triplicate this 3rd day of October, 1991. BETWEEN: . TIlE CORPORATION OP TIlE TOWN OP KINCARDINE hereinafter called the "Town" of the Fj,rst Part- . ";and- n___ ------ - -_....--~~ . - - - - - . cLIFF<>Rn W1uuuaf HEwITT hereinafter called the "owner" of the Second Part SITE PLAN AGREEMENT ~ the owner represents that he is the registered owner of those lands in the Town of Kincardine, County of Bruce, described in Schedule "An 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 nA" attached hereto; AND WHEREAS the Town has enacted a Site By-law pursuant to the provisions of Section Act, S.O., 1983, Chapter 1, 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. Plan Control Area 40 of the Planning NOW THBRBFORE THIS AGRBBIIlDIT WITNESSB'l'B 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 ($1.00) DOLLAR, the receipt of which is hereby admitted, the owner for himself and for all successors in title, HEREBY AGREES with the Town as follows: :I :1' PART A - GENERAL PROVISIONS 1. The parties to this agreement hereby agree that the owner as herein stated is the registered owner of those lands described in Schedule "An to this agreement and the lands affected by this agreement are as described in Schedule nA" to this agreement, hereinafter called the "subject lands". _ The owner hereby releases the Town, itS' .--s~rvanJ;!iI,_ - agents and contractors from any and all ti~bi1~y in, respect of the proper maiI}te~ance andop_eÌ'atio~ of .the : _/. matterS- and facili~e¡¡; required by this agreement; ... . . . 2. ........ . 3. - - -- -, - - - - - - - -. - ., TheOwner:agre_~· tQ. allow- the - Town.ati tsso~e - eXþens.e.· and .lïí its IiiQle - diScretion to register o~- déþÒl5-it_ tb.is· ag:t'e~eÌl.t in, --th:e Registry: .office for the.... county-cof Bruce aqainsi;-the- "subject landsn-o .. I c 1.··- - 1 1 ~ - 1 IJ j ? page 2 site Plan Agreement 4. The owner will at all times indemnify and save harmless the Town on a solicitor and client basis from all loss, costs and damages which the Town may suffer, be at or be put to, for or by reason of the execution of this agreement. The Party of the Third Part joins herein to consent hereto and to bind its interest in the lands hereto. The-clauses of thisaqreement are independent and severable and the striking down or invalidation of any one _ or more of the claUSés does not invalidate all or-_ any-~f,:-th$ Iemaj.-niIÍg'ci~~s~. -~-_- - - . ,5. - - - - - - -, - 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. 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". . ~.~. 9. The owner agrees to provide, install or otherwise abide by, at his sole expense, the site development requirements as detailed in Schedule "C" attached hereto. 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. 11. 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 co~!ete the development is done, and that until such. ce1"fifici:!te of compliance has been issued, in the ev~t th~ the prescribed time period has lapsed, t6è.--To'W'rv'hes the right to refuse issuance of any pe~~ necessary L~ carry out any additional work on the '!.subject lands":. 1 -/ '12-;- - -All- -lIÎa.íritenance aM repa,irof facilities and-~J!lðtt~s, required-byth1.sagreementshallbe done-by the. Q}mer from- time to ti. at hisso*e-riskan(i- expeÌl$e_ðJ:ld/ ~he __ ~_ªgtees -the :Ilsubject lands"'will--not.De ,used: in - any :îaëUíne~ which-win iJupéde - or p,rôhibit - pêrfOtmance _ : - - cf-- the -maintenance pròVided for in; this agreement. - , . . ,~- Page 3 site Plan Agreement 13. The owner agrees to maintain in good repair and at his sole expense the "subject lands" in conformity with the provisions of Schedule liB" (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. The owner agrees that all vaults, . container, collectiQn ,biJls:!1Dd.- other facilj,ti-es. whiCh 1aay-l:ie· . required .f.or· ttie 'storage -öfgarbageaIÌd c·óthe:r - . waste. . inaterhl1:·shaUc· be :1èept·within ··a cOlÓpletelY enclosed· building or a completely enclosed container in the location as shown on Schedule "B". 14. . 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 ToW{!' 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 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. 17. 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 325 of the Municipal Act, R.S.O., 1980, Chapter 302, as amended. 18. The owner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1980, 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 :r.:e.q'4liëd-by the Town for the construction, maintenance ;iDd· improvement of any existing or newjy·l'8j¡tured watercourses, ditches, land drainagii : works' and, r~ired watercourseB, ditcþes, ., 'läti9·' drainage , works, and -sani tary,sewage f4Çili ties___011.· the:,;- land· > and, ,O!1 - r~tby_- the Tówn,- .tode-ìiver. -the. . ~properlyexecutéddocwñ8n.ts- ïIÍt:egistrab).$!!~oÍlll· tt)_ ··th~ . Town . ,in_ :order to cOJDPlete .the.-d~i<::ati-on ·tó . tne To~and· to'· ~ aJ,¡>'cos.ts incu-rrè(f· by the ToWn in respect-to the-aforementioned dedications; ~:. -. . - z¡ .1 .- \ .ì I j 5- Page 4 site Plan Agreement 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·DØlNITIONS 19. In this Agreement and the Schedules attached_hereto: - - - - - --_...c;-- ::--~ . \- -- - J; r_ _ "BuÜ-dinci -Area"- - - shall mean the which the erection and use of structures shall be permitted. only--area' _upon - buildings 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. 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 WITHBSS WHEREOF the parties hereto have hereunto affixed their corporate seals attested to by the hands of their proper officers in that behalf fully authorized. - ,- ¿/I'rC<-- (C'~¡LI Witness ) ) ) ) ) ) -)- ) - '-- -}-:, )-- - -.-----:-- ) ) - ^ THE CORPORATIèN:- OF _THE Tmnk~ KINCARDINE- - - - .." /, j -', ~ - .,,':... ,- . - ' - i . ~,,- ,.¥ .-~..,' " .:,. - ~- "i . - Shaw - Cli Hewitt ~ I I J (Í SCHEDULE 'A' . SUBJECT LANDS . Lots 6, 7 and 8 on the, South Side of Dqrham Market, original , Plan of penetangore in the Town of Kincardine in the county of Bruce. '-' --'.<" ".'. -- - - --~~ _......- -r-- _. , - / // . ~ -, . -.;=-- , .- SCHEDULE 'B' APPR.OVED SITE PLAN The "approved site plan" shall be the plan drawn by Mac Campbell 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-~injstrator. . - ~ - - ~ ~ - . ""'<4t~fi. ~ . ~ . ,0=-"_ , ~ - - - ~-- ~ ~ - - - ". - - .n. ~ _ '~_. ~~ / . . ~ - - ./ / '/ -- ~ j <g SCIIBDtJLB ' c' SITE DEVELOPMENT REOUIREMENTS 1. The OWner agrees that the completion date for all work required pursuant to this agreement shall be June 30, 1992. . 2. The OWner agrees to prepare a grading and. drainage plan acceptable to the ~own's Engineer and all surface and roof drainage shall be controlled in accordance with 'the approved plans in a manner satisfactory "to . . _ th~_ ,TOwn's Enginee~. _ _ .. _ ' . - - - - --- - ---- -- . - .- ,- 3. -, - ,- The-owner·- agr~s thataÌ1Y - i1ÖOdlÏghÜrig. 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 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 Main~enance 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 ~ uçæ - -:tt)r _ vehicular or pedestrian entrances with- topsoil and sod/seed.. :-_. _'/ ~ . - . - - - -. - - - - .~- , installation _of !Ìriyeways of proper width. and:',:c--. grade fromthestrèet line .tot1!épreperty>,~·· , lipe· wi.t4.... asphalt, -concrete -OX.:: Qtl1er ~ha:rd'~- -sur~afi¡rg . -àc~Þtab~ . to. _ tþ_e Town'_fl!' ~~qine~r:_;_ r~vai ~f eXisting driveways which -are ~ót-to be used with replacement by appropriate landscaping as detailed above. - i , - ·.u)- - - lii) - i ~ , ,. ---.A -. 10. The owner agrees to obtain a building permit wi thin eitht (8) 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 tile,. Town's- Enqj,neEltï;_itcting:r~spnablY._s~ch easements a$. -..' - . the---Town- mayrçh'e for- t;he cop-structing, imprQvè!Jíent- ~rmaintènan¿e ofwatercoùrses, 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 a gravel base, and that such gravel base shall be treated so as to prevent the creation of dust by vehicle movements or wind, and constructed in such a way so as to prevent vegetable growth therein. Any graveled area may be surfaced with asphalt or cement upon the owner meeting the requirements of and obtaining written permission from the Town's manager of public works or engineer. Schedule 'c' cont'd e., - - - 13. The Town's clerk-administrator minor variations to provisions such minor variations shall amendment to this agreement. ,- - ,'~' . £- - ;--- -'I ,. - - - --- - site Plan Agreement may agree in writing to of this agreement ,-and not constitute' an -- - / q 'J '~ .~ " , ;~ , i \ J .,: '~ -