HomeMy WebLinkAboutKIN 89 046 Sp - Board/Education
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW 1989-46
A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN
AGREEMENT WITH THE BRUCE COUNTY BOARD OF EDUCATION
WHEREAS the Council for The Corporation of the Town of Kincardine
deems it expedient to enter into a site plan agreement with the
Bruce County Board of Education concerning the property composed
of Lots 9-22, south side of South Street, part of Lots 7 and 8,
south side of South Street, and Part of Lot "R", south side of
South Street, Plan 4, all of Lots 21 and 22, north side of Durham
Street, Part of Lots 16 - 20 (inclus i ve) and Lot 23, north side
of Durham Street, plan 61, in the Town of Kincardine, County of
Bruce;
NOW THEREFORE the Council for The corporation of the Town of
Kincardine ENACTS as follows:
1. The mayor and cle r k ar e hereby author i zed to execute, on
behalf of The Corporation of the Town of Kincardine, the
attached site plan agreement with the Bruce County Board of
Education concerning the property descr ibed as Lots 9-22,
south side of South Street, Part of Lots 7 and 8, south side
of South Street, and part of Lot "R", south side of South
Street, Plan 4, all of Lots 21 and 22, north side of Durham
Street, Part of Lots 16 - 20 (inclusive) and Lot 23, north
side of Durham Street, plan 61, in the Town of Kincard ine,
County of Bruce.
2. The clerk is hereby authorized to register this agreement
against the subject property.
3. This by-law shall come into full force and effect upon its
final passage.
READ a FIRST and SECOND TIME this 6th day of April, 1989.
j~íÍ {J~
Mayor
Clerk
READ a THIRD time and FINALLY
1989.
~d¡J~
Mayor
PASSED this 1st day of _----Mlly-
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Document General
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(1) RegIoIry 'ª
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'89 JUN -2 P 1 :02
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f Site Plan Agreement
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Not Applicable Doll... $
(6) DsacrlpUon
own of Kincardine, County of Bruce, and composed
of Lots 9-22, south side of South Street,~Part of
Lots 7 and 8 south side of South Street, .and
Part of Lot ¡'R", south side of South Streeoi;, Plan
4, all of Lots 21 and 22, north side of Durham
Street, Part of Lots 16-20 (inclusive) and Lot 23
north side of Durham Street, Plan 61, Town of
Kincardine, County of Bruce
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Additionot.
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AdditkH1al:
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(7) ThIo
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eonl8lna:
(e) Redescription
New Easement
PlanJSketch
! (b) Schedule for:
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Additional
Perties 0 Other ¡a
(6) ThIo Document NOV-" _:
Tlac. Town of KifLe.aràifl¿: heY<:6Y ap191iea fe!' tke efltl'Y sf a ~letie.e sf Site Plaft
AÕ.L!i::!i::LhIl;Ul ~LI .L~~p!i::,,-l vi tin.. ¿ð.":"d låLld~.
Site Plan Agreement attached as Schedule "A".
Continued on Schedule 0
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(10) partv(lea) (Set out Status or Interest)
Name(s)
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Date of Signature
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IM~ 707 Queen Street, Kincardine, Ontario, N2Z lZ9
(12) PIIr1y(Iea) (Set out Status or Interest)
Name(s) Signatuns(s)
Date 01 Signature
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BRUCE COUNTY BOARD OF EDUCATiON
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(18)Addreu
Ior~ Box 190,
(14) MunIcIIIIIAddreu 01 P-,,"
885 Durham Street
Kincardine, Onto
Ches ley, On t.
(15) Document PIe""'" by:
Roaald R. Shaw
Clerk-Administrator
Town of Kincardine
707 Queen Street
Kincardine, Onto
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Fees and Tax
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AprU. 1985
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Page 2 of 9
SCHEDULE "A"
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THIS AGREEMEN~ made in triplicate this
19 89
2nd day of May
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
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THE BRUCE COUNTY BOARD OF EDUCATION
hereinafter called the "Owner"
of the Second Part.
SI~E PLAN AGREEMEN~
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 Schedul.e "A" attached hereto;
AND WHEREAS the Town has enacted a Site Plan Control Area By-law
pursuant to the provisions of Section 40 of '¡-he Planning Act,
S.O;, 1983, Chapter 1, as amended;
AND WHEREAS the covenants in this agreement are binding upon the
Owner and when registered on title are binding upon all
successors in title;
AND WHEREAS the owner in titLe may enter into an agreement with
the Town amending the terms of this agreement;
NOW THEREFORE THIS AGREEMEN~ 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".
2.
The Owner for himself and all successors in title hereby
releases the Town, its servants, agents and contractors from
any and all liability in respect of the proper maintenance
and operation of the matters anà facilities required by this
agreement and shall indemnify the Town in respect of any
loss or damage to any person or property entering the
"subject lands" under the terms of this agreement.
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 l.ands."
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4.
~he Owner will at all times indemnify and save harmless the
70wn from all loss, costs and damages which the Town may
suf fer, be at or be put to, for or by reason of, or on
account of the construction, maintenance or existence of
pavements, curbs, plantings and other improvements upon the
un travelled portions of road allo~lances ~Ihere the same are
required by this agreement to be provided by or at the
expense of the Owner and such indemnity shall constitute a
first lien and charge upon the "subject lands".
5. 'l'he Owner shall not call into question directly or
indirectly in any proceedings whatsoever in law or in equity
or before any administrative tribunal the right of the Town
to enter into this agreement and to enforce each and every
term, covenant and condition herein contained and this
agreement may be pleaded as an estoppel against the Owner in
any such proceedings.
6. ~he 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.
7. Nothing in this agreement shall relieve the Owner from
complying with all applicable municipal requirements.
8.
'I'he Owner hereby grants to the 'I'own, 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 'i'own under this agreement.
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PAR'I' B - SI'fE DEVr:LOP~lEtN At:D t·IAIN'l'ENAIJCE PROVISIONS
9. 'I'he Owner agrees to undertake development on the "subject
lands", at his sole expense, in conformity with the site
plan as detailed in Schedule "B" attached hereto, which
shall hereinafter be referred to as the "approved site
plan".
10. ~he Owner agrees to provide, install or otherwise abide by,
at his sole expense, the site development requirements as
detailed in Schedule "CO attached hereto.
11. a)
Upon completion of the development of the "subject
lands" in conformity with the provisions of this
agreement, the 'l'o~ln shall issue a certificate of
compliance.
b)
"Certificate of compliance" shall mean a statement of
the 'fown 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 ~own shall not be estopped from pursuing any or
all of its rights to enforce the continuing obligations
of the Olmer under this agreement or to enforce any
other of the '¡'ùlm' s re'1uirements, regulations or by-
laws which relate to the sub~ect lands.
12. 'i'he Owner hereby ¡H.:knowledyes 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 dùne, and that
until such certificate of compliance has been issued, in the
event that the preser ibed time ...er iod has laf'sed, the 'i'own
has the right to refuse issuance of any permit necessary to
earry out any additional work on the "subject lands."
Page 4 of 9
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13. 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 ¿¡nd expense and the Owner
ayrees the "subJect lanùs" will not be used in any manner
which will impede or prohibit performance of the maintenance
provided for in this agreement.
14. The Owner agrees to maintain in good repair and at his sole
expense the "subject lands" in conformity with the
pruvisions of Schedule "B" (approved site plan) and Schedule
"c" (site development requirements), and all other
requirements pursuant to this aSJreement, 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 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".
16. 'i'he 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 sù as not to
prohibi t or block or in any way restr ict access along any
driveway, walk\Jay for vehicular and pedestrian traffic or
reduce the number ùf useable parking spaces below the
minimum number of spaces required by the Town's zoning by-
law. The Owner ayrees not to store snow on-site such that
it blocks visibility adjacent to a street or drain¿¡ge
f¿¡cilities on-site or where adequate drainage facilities are
not ¡,>rovided or ~Jhere melt water would adversely affect an
abutting property.
17. The Owner agrees to maintain at his sole expense and in good
repair to standards acceptable to the Town all landscaped
open s¡,>ace, private driveways and complementary facilities,
anù private approach sidewalks which are located on
untravelled portions u( 'l'uwn owneù roaù allowances abutting
the subject lands.
PAR'l' C - O'J.'HER PROVISIONS
18. Definitions (or terms which may be used in this agreement
shall be as follows:
i) "Building Area" shall mean the only area upon which the
erection and use of buildings and structures shall be
l:,ermi t ted.
i i) "Land scaped Open Spacc" shall mean the areas 0 f 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.
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i i i) "Par king Area" shall me¡;m the areas of open space other
than a street to be used for the pi:¡rking of motor
vehicles anù access ramps and driveways to areas used
for the parking uf motor vehicles which shall be clear
of buildings and structures e~cept those accessory to
the operation of the !arking ¿¡rea, i:ind which shi:ill be
available and maintained for the i?arking of motor
vehicles including manoeuver ing aisles and other space
necessarily Incidental to the parking of vehicles.
iv)
"Natural Open Space" shall
which are to remain in a
amount of maintenance, but
mean the areas of open space
natural state with a minimum
shall not include areas of
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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.
ORPORATION ,.Ð1r~1H-É .'l'OWN
NCARDINE .----.
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BRUCE COUNTY BOARD OF
EDUCATION
111. 1 7IL/l~~-;
Alvin Thompson - chat~: ..
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Paul Martind e - Secret1ny and
Direc tor of Educa tion
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Page 6 of 9
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SCHEDULE "A"
SUBJEC'l' LANDS
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 Lots 9 - 22,
south side of South Street, part Lots 7 and 8, south side of
South Street, and Part of Lot "R", south side of South Street,
Plan 4, all of Lots 21 and 22, north side of Durham Street, Part
of Lots 16 - 20 (inclusive) and Lot 23, north side of Durham
Street, Plan 61, Town of Kincardine, County of Bruce.
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Page 7 of 9
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SCHEDULE "B"
APPROVED SITE PLAN
The "approved site plan" shall be the plDn drawn by Joe Somfay,
Architect as amended by red line changes, referred to thereon as
the "approved site plan" as indicated by the signature of the
Clerk Administrator for the Town of Kincardine, and on file in
the Clerk Administrator's office.
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Page 8 of 9
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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,
1990.
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2.
The Owner agrees to prepare a grading and a 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.
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
no 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. 'l'he 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 ~own'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:
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i) lanàscaping of lands lying between the street line and
property line not to be useà for vehicular or
pedestrian entrances with topsoil and sod/seed.
ii) installation of dr i veways 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.
iii) removal of existing driveways which are not to be used
with replacement by appropriate landscaping as detailed
above.
10. The Owner agrees that all parking areas and driveways shall
be surfaced with asphalt or cement, and all parking stalls
shall be visually identified by line painting.
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11. The Owner agrees to obtain a building permit within twelve
(12) months from the date of this agreement, and all work
required pursuant to this agreement shall be completed
within twenty four months from the date of issuance of the
building permit. Failure to obtain a building permit within
the prescribed time period shall mean this agreement is null
and void.
12. The Owner undertakes to provide, upon request of the Town's
Engineer, acting reasonably, such easements as the Town may
require for the construction, improvement or maintenance of
watercourses, ditches, land drainage works and sanitary ~
sewerage facilities. ~
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14.
The '¡'own's clerk-administrator may agree in writing to minor
variations to provisions of this agreement, and such min~or .
variations shall not constitute an amendment to this ,~
ag reement. Y)-#Yf.
The Owner agrees to dedicat~ Psrk Lane to the Town in the dimensions ~~
outlined in red on the "approved site plsn" subject to the Town ensuring ,/ift
that parking will be provided for On the west side of Park Lsne at the ~1
time Park Lane is reconstructed in the future and that such reconstruction
will not be started without prior consultation with the Board as to the
timing of the reconstruction.
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