HomeMy WebLinkAboutKIN 91 064 Sp - AMDU
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1991-64
TO BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT
WITH AMDU LIMITED AND THE SAUGEEN VALLEY CONSERVATION AUTHORITY
CONCERNING, NORTH PART LOT 9, WEST SIDE OF QUEEN STREET, PLAN
61.
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it expedient to enter into a site plan
agreement with AMDU Limited and the Saugeen Valley Conservation
Authority, concerning North Part Lot 9, West Side of Queen
Street, Plan 61.
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 AMDU Limited and the Saugeen Valley
Conservation Authority, concerning North Part Lot 9, West
Side of Queen street, plan 61.
2. This by-law shall come into full force and effect upon its
final passage.
3. This by-law may be cited as the "AMDU site Plan Agreement
By-law".
READ a FIRST and SECOND time this 15th day of August, 1991.
¡ }Ó-M JJJ d \. 9£ In k7J
Mayor
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READ a THIRD time and FINALLY PASSED this 5th day of September,
1991.
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Mayor
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Ontarro
Ministry of
Consumer and
Commercial
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Registry Act/ti~tm~~I~š~~~
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Certified True Copy of Instrument (Designated Area)
In the Land Registry Office Bruce #3.
Certificate
(Clause 16(4) (c) of the Registry Act ðtXtJätæ~X~XäU"~I(IiI~xt(Jrxtlä X«tt)
CERTIFIED to be a true copy of
Jn~trlJment # ?8?343
(instrument X>X:de~) I!)t)( (1t1i«1)
(If record, add:
1991 December 3 12:48P.M.
(year, month, day, time)
)
Dated at Wa1kerton, Ontario
this 3rd day of December, 1991.
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Depk ~nd Registrar
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10351 (02J89}
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~ Province
of
. Ontario'
Document General
Fonn 4 - ~ Roglllretton R410nn Ac~ 1984
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CERTIFICATE OF REGISTRATION
'91 ()H; - J P12 :48
SAUCE
NO.3
WAU<EF/TON
Land AegisItIr
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New Property ldentlfie",
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Additional:
See
Schedule
(I) ThII Document ptOVldee .. follow",
Site Plan Agreement
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c- ) plllty(...) (Set out Status or Interest)
Neme{I)
THE CORPORATION OF THE TOWN OF
(1) RogIotty iJ
(3) P...,.
1-.(1)
LInd T_ 0 (2) Plge 1 of '10 plgel
Block Property
Adclihonal:
See 0
Schedule
(4) _Ie of D_
Site Plan Agreement
(5) eon_ration
N/A
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All and singular that c.ertafn· parcel or tract
of landan~ premises, situate~lying and being
in the Town of Kincardine, County..of Bruce,
. Province.'o-af ..Qntßrioandc·ompôsed·'OfPa.E"t ~of ,. _
'Lot~Ön, the {"Testcs"i,deof QueeIl:St;iee-t, in.t.he
said "Town··of Kincardine, 'and -ôes'cribèd . . .
in the deed registered in the Registry Office
for the Registry Division of the County of
Bruce as Number 8739.
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(I) Redescription
New E_t
PlanlSketch
(b) Schedule for:
Deocription 0
Additlonel
Plriies 0 Other ~
Continued on Schedule 0
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-"Date of Signature
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AMDU LlMITED
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:Kinc·ardifle·,On.t;ärið.
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. . Ronald R,;' .SÎfaw; Óerk·.
. '-70T)¡ QueenStréet,~ -
Kincardine, Ontario
N22. 1 Z9
Newsome and GUbert. Limited
Form L"13SS (1185)
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April,1985
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THIS AGREEMENT made in quadruplicate this 5th day of September,
1991.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part
-and-
AMDU LIMITED
" ,hereinaf.ter calleq the _"()wE'er" , , " ,
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of the- -Second; Part-
-and-
THE SAUGEEN VALLEY CONSERVATION AUTHORITY
hereinafter called the "Authority"
of the Third 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 Town has enacted a Site Plan Control Area
By-law pursuant to the provisions of Section 40 of the Planning
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.
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: c
agreement and the lands affected by this agree1ll.ent.,are-
as described in Schedule "A" to this a~eèmeßt.l /,
hereinafter called the "subject lands". .- /'
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The, OwneJ;" ,hereby t releases the Town, ' its servants,
, , agents·' and, contra~.()rs from any and ... anliabiIity~ri:
,respe,ct, cfthe proper. ~intenance and operq: tión:.: o£ the
mat~er-Sc__andfaci~itie!; .req\Ù,reâ by this àc;treement.~, -> .
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3'. 'I'M Owner, ägrees"to al1õw the 'I'ó;;n at fts 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".
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site Plan Agreement
page 2
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 this agreement are independent ~nd
severable and the ,st't'ikin9"_down o'r invalidation ,of-any
_on~ -, Qr-mote~ of' the, ,c1.auses d.oes ,notcirwalidåte all· 0;-
any '.of the remaining' clauses. ' ,
6. Nothing in this agreement shall relieve the Owner from
complying with all applicable municipal requirements.
4.
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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.
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
"subject
with the
attached
to as the
9 .
agrees to provide, install or otherwise
at his sole expense, the site development
as detailed in Schedule "c" attached
The Owner
abide by,
requirements
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.
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 compl~te ~þe
development is done, and that until such ~e~~ificate,
of compliance has been issued, in the eve~t~hat the
prescribed time period has lapsed, the Town has-~tne
right to refuse issuance of any permit neCessary to
carry,out any additional work on the ",subject. lands". . -,
12:. Al:j.mairitertance ánct-repa.Ü: offàcili tiBsand-Ptàtteis'. .
, ·.r~quired ..by this,a,greelliéntshallbe done,cbY,th6'O~er
'frQßL,time to time,'.aLhis 'sole risk, iiOO' e~pen:se ,an4 _,the
.' ' Own&Ì" 'agrBes ,the"'subj~t,lãn9:S 't-,wll1 :not .be usedih"
'any . manner which will impede or prohibit perforIllance
of the maintenance provided for in this agreement.
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site Plan Agreement
Page 3
13.
The Owner agrees to maintain in good repair and at his
sole expense the "subject lands II 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, ,ag::ç-e,ès.,tl1at '" all,;, v~ult~.._ cõrttainer,
,còllectiQn ,' ;)l:rts, and 'oth,er faciHtie~ whïch- - 'maY 'be
réquired fot: the-storãgeof-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 liB".
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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.
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.
15.
16.
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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; _
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b) to dedicate to the Town, free and clear- ,·-of> all
encumbrances, all Easements and lands r"èguired"'by
the Town for the construction, maintenance and
improvement of any existing or newly: required
.wa tercourses ,-ditches, la,nd drainage \i!~rks" c.and '
'required'· watercourses ,ditches i .' land, .drainage,
. works, . and sanitélryse~age;~facilities on tl1e' ,land
~rid,'on'req'¡;¡est bý'.the'.Town, to deliver, "he-
,proþèrly,ex~cuted dóêuméµts iÌ1:regi&tered form tó"
: "-the' , :Towp-' in' o.râer. to cOmplete, the: 'dedication "to '.
the Town' arid· to' pay -all costs·· incurred by the Town
in respect to the aforementioned dedications;
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site Plan Agreement
Page 4
c) to, where required by Town resolution, dedicate to
the Town widening of highways that abut on the
land described in Schedule "A" attached hereto,
free and clear of all encumbrances.
d) in consideration of the approval of the proposed
addition by AMDULimited, its heirs and assigns
hereby . agree to conform to all recommendations
within the geotechnical investigationprepareciby
Enqland Nay ton :EngineeringLimi1;ep"datti!dJune2-7 ,.
'-1991' .as-, 'subníittedandfurther that 0 AMDU ' ~Limi téd
agree'ioremove the'detåched" storage' buIlding
situation on the subject property.
PART C - DEFINITIONS
19. In this Agreement and the Schedules attached hereto:
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i)
"Building
which the
structures
upon
and
Area" shall mean the
erection and use of
shall be permitted.
only area
buildings
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 Occupançy (property' ~
Standards) By-law as amended from time to ~time--"
for the Town and shall be kept clear o-t-"al1.- _ _
weeds and natural growth which is prohibit~d þy/
other Town by-laws. Areas of Natural Open=Space
may include areas of Landscaped Open Space; ,
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site Plan Agreement
page 5
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.
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THE CORPORATION OF. THE TOWN'OF
'KINC DINE
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AMDU
Pre ident - Glenna Hickli
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SAUGEEN VALLEY CONSERVATION
AUTHORITY : _. _
h· ~ L 4:.~s;;;'·~
C a1r - Mary Lou--:Tno pn- --.;
s/:et~r~r'e~:- l>"'~: .~.)S ~.
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SCHEDULE 'A'
SUBJECT LANDS
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ALL AND SINGULAR that certain parcel or tract of land and
premises, situate, lying and being in the Town of Kincardine,
County of Bruce, Province of Ontario and composed of Part of
Lot 9 on the west side of Queen street, in the said Town of
Kincardine, and described in the deed registered in the
Registry Office for the Registry Division of the County of
Bruce as Numþer 8739, and being more particularly described as
follOws:
" ·'COM!>1~NcJ:NG:;!it ,the }lortj} .Eastangleo;L s.aidLot9'¡',
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THENCE' Soütherly along· the' Easterly limì t of' the said lot a
distance of 44.5 feeti
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THENCE in a Westerly direction parallel to the Northerly limit
of the said lot to the Westerly limit of said loti
THENCE in a North Westerly direction along the Westerly limit
of the said lot to the intersection with the northerly limit
of the said loti
THENCE Easterly along the Northerly limit of the said lot to
the point of commencement.
The above description is subject to the following:
The Grantees, their heirs and assigns acknowledge that the
lands to the south of the building presently on the above
described property may be subject to a right-of-way because of
use by others and the grantees and their heirs and assigns
agree that they are purchasing the property at their own risk
and with full knowledge of the possible existence of the said
right-of-way. The Grantors give no warranty of exclusive
title to the lands south of the building. It is acknowledged
by the grantees, their heirs and assigns, that it is ~he. sole
responsibility of the said grantees, their heirs andaS:-signs
to dispute the rights of anyone to use the s(!o.id·':,possible
right-of-way. "' " . /
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As described in Instrument No. 158241.
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SCHEDULE 'B'
APPROVED SITE PLAN
The "approved site plan" shall be the plan drawn by Grant
Somerville Design Incorporated and marked as the "approved site
plan", signed by the Town's clerk~administratoror deputy,
signed by the OWner and with any changes marked ~ft ,red and
initialled by the clerk-administrator or deputy:a~d ~he. Owner.
This "approved site plan" shall be filed ,wi tl1.the- ToWn's
c-le:rk-adm~Í1istrátor.,-, . " ,'-0'-' ,~/ ,/ ',.,' "
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SCHEDULE ' C I
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 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.· .
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3:, - The cOwner_-agre~thii"~ :aiJ.yfloodlighting of tne 1.àJ1d·
. ~haU ~be--lJlstalled it} -~,uch If; mañnè'r.sò as' tò '. detrect: .'
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 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 s~reèt
line and property line not to be ~~d for
vehicular or pedestrian entrances wte!r tÓP;;ï.Ði'ì
and sod/seed. ':- ,
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j.nstaUatïonof driveways of pwpeiwidt.h~and
grade ,. ,from ,the street line tothe ¡iropa-rty·
,1ine 'with. asph¡:llt·, . concrete or other- hard
surfacing acceptable 1;0 the Town ',f>E'ng:fneer.L ': ',',.'
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removal'Qì exi~tingdriv€ways which' are not'to
be' used with replacement by appropriate
landscaping as detailed above.
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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 eaf>ement,sas-
, the Town, may .reqUÜ,e:for the" -cons.tructi!lg, · iñtpr'oVemeilt, "
'ormai'ntenance Qfwatercourses ,'dHches,la,nd ':dl'aín-age,'
works-and sanitary sewèrage 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 t~Eetn. Any
graveled area may be surfaced with asph;alt,or ce¡nent
upon the Owner meeting the requirements-~f and
obtaining written permission from thajown'Æ_' maria~er
of public works or engineer. - ,
13. The Town's clerk-administrator may agree inwrj.ting'to
minor variations to provisions of this agreement, and
such minor variations shall not co~stitute" an
amendment to this agreement.
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