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HomeMy WebLinkAboutKIN 89 046 Sp - Board/Education . . 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- - - - ~ Province of .-.~ Ontario Document General Fonn 4 - I.8nd R.¡¡¡bb........ ReIonn Ac~ 1984 o 256497 (1) RegIoIry 'ª (3)P~ IdoI.~a) I.8nd TIaoo 0 (2) Page 1 of 9 Block Property pages Additkm8l; ~Ie 0 (4) N...... 01 D_ '89 JUN -2 P 1 :02 1.11 1 f Site Plan Agreement ,0 (5)C_ 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 o Additionot. - _Ie AdditkH1al: - _Ie o (7) ThIo D_ eonl8lna: (e) Redescription New Easement PlanJSketch ! (b) Schedule for: o j Description 0 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 (I) TllII D_ .......to ......_t numbor(a) · :I:f¡I::. q).~~Q~!I:r.I.Q~. 9.F. .1;'!Jf:. .. . . .. . . · .1;'q~~. .o.F: .~~~~.A.~I?~~E. . . . . . . . . . : (10) partv(lea) (Set out Status or Interest) Name(s) ............................................ . Date of Signature _ Y M D - ~ . . I ' -:= -~11989 ¡ 051 31 .. ..... .-.:..... ......:1.....:...1'.. aw - J:t _ j _ j ¡ - ~-~ --:- .n.... I ! .. ....::::...:::::: ~'~~f:~:~~:~~~:r:::: ¡:: J:: ........- I ,I , " , " , " " , ' (11)_ IM~ 707 Queen Street, Kincardine, Ontario, N2Z lZ9 (12) PIIr1y(Iea) (Set out Status or Interest) Name(s) Signatuns(s) Date 01 Signature Y M D .......................................... . , , , , , · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . .. ...... , , , , , , · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . .. ...... , , , , · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . .. ...... , . . , , BRUCE COUNTY BOARD OF EDUCATiON ............................................ . · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (18)Addreu Ior~ Box 190, (14) MunIcI IIIIAddreu 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 N2Z lZ9 > ...I Z Registration Fee o w '" :J w o ü: "- o a: o Fees and Tax ToI8l NeW80me aDd Gilbert. Limited AprU. 1985 ~~ . . . . ".)':0.. Page 2 of 9 SCHEDULE "A" #"'!- . 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, -and- 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." < ..¥ . . '..... Page 3 of 9 > , -2- 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. ,. 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 .... .~ -3- . 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. . 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 .... ~ . . ~, Page 5 of 9 -4- 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 .----. - . : ,...... ~;..;..~~ ) ) ) ) ) ) ) ) ) ) BRUCE COUNTY BOARD OF EDUCATION 111. 1 7IL/l~~-; Alvin Thompson - chat~: .. ./? ~ /. ;': ~ ~ n.. _A.A ~_.--.J2 Paul Martind e - Secret1ny and Direc tor of Educa tion __w_w , , - - .:- - - " , . . . " Page 6 of 9 , 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. . .' , . . . '.~ Page 7 of 9 .' 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. - .-- Page 8 of 9 " , , .' . 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. . 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: . 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. . . . . . . =-' Page 9 of 9 ~ . ~ 2 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. ~ 13. 1':òœIxJO»(JœJCXJW; )ŒØf5XXUJOàøfIOOo;ttJeXXRamxmtm~XX1iXX«K» /iQff q¡kw~~~XUx~ri~uilxJOOlX~Jd1mm: {JOmàXJ5JiJœx~" . IJ 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. 13.