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HomeMy WebLinkAbout08 197 Tomm Kerr/1741397 Ontario Inc. (Block F Plan M33) Site Plan Agreement By-Law e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2008 -197 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH TOM KERR HEATING AND AIR CONDITIONING LTD. AND 1741397 ONTARIO INC. (Block 'F' Plan M33; Municipality of Kincardine) 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 of The Corporation of the Municipality of Kincardine deems it advisable to enter into a Site Plan Agreement with Tom Kerr Heating and Air Conditioning Ltd. and 1741397 Ontario Inc. for that property described as Block 'F' Plan M33, Municipality of Kincardine (geographic Town of Kincardine), County of Bruce; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Council of The Corporation of the Municipality of Kincardine enter into a Site Plan Agreement with Tom Kerr Heating and Air Conditioning Ltd. and 1741397 Ontario Inc. to ensure appropriate development of those lands described as; Block 'F' Plan M33, Municipality of Kincardine (geographic Town 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, Tom Kerr Heating and Air Conditioning Ltd. and 1741397 Ontario Inc. 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. 4. This By-law may be cited as the "Tom Kerr/1741397 Ontario Inc (Block 'F' Plan M33) Site Plan Agreement By-law." .../2 e e e e Page 2 Tom Kerr/1741397 Ontario Inc, (Block 'F' Plan M33) Site Plan Agreement By-law By-law No. 2008 - 197 REA2f;~~:~'ME ~;, 17" day of := ayor ~ ALLY PASSED this 1yth day of December, 2008. ~ 1%)L"~~ Clerk , ., Schedule 'A' to By-law No. 2008-197 SITE PLAN AGREEMENT This AGREEMENT made this BETWEEN: 1""t4h day of I\erember , 2008. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- Tom Kerr Heating and Air Conditioning Ltd. -a nd- 1741397 ONTARIO INC. 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 land 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". Page 2 Site Plan Agreement 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". 4. The Owner will at all times indemnify and save harmless 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 detailed in Schedule "B" attached hereto, which shall hereinafter be referred to as the "approved site plan", 1 O. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule "C" attached hereto. 11. a) Upon completion of the development of the "subject lands" 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. Page 3 Site Plan Agreement 12. 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 complete the development is done and that until 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". 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 "8" (approved site plan) and Schedule "e" (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. 15. The Owner agrees that all vaults, containers, 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 "8", 16. The Owner agrees that, at its 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 Municipality'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. 17. The Owner agrees to maintain at its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untraveled portions of Municipality-owned road allowances abutting the subject lands. 18. 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. 19. The Owner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbings and traffic direction signs; Page 4 Site Plan Agreement b) to dedicate to the Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properly executed documents in a form that can be registered, to the Municipality in order to complete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; c) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule "A" attached hereto, free and clear of all encumbrances. PART C . DEFINITIONS 20. 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. 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 Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. . Page 5 Site Plan Agreement IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest by the hand of its Mayor and Chief Administrative Officer this Jl- +r, day of [It' ~ . 200~ The parties have hereunto set their hands and seals this Ii-+h day of Jlee.... 200~ SIGNED, SEALED AND DELIVERED ) in the presence of ) THE CORPORATION OF THE ) MUNICIPALITY OF KINCARDINE ) ~~ ) ) . ) ayo~ry Kraemer ) ) ) ) ) ) ) I/We ha e th bind the ) Corpora ion &~ ) ) '. ./..z~ k!:. ) Witness -- ) Tom Kerr He in Ian ) Conditioning Ltd - To ) President ) ) I have the authority to bind the dJOo-: ) Corporation ~ ) .._/ . ) ~""~... // ~./ ?<?f' .~," <t."_ ...... ..~. "_-"."_"-~..."-,,... Witness ) ~7'zr139'7-onlario Inc. - Jason ) Kirkconnell - President ) ) I have the authority to bind the Corporation . Page 5 Site Plan Agreement IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest by the hand of its Mayor and Chief Administrative Officer this Ii-+n day of \:\FC, 20& The parties have hereunto set their hands and seals this n+n day of Dee. 200'1; SIGNED, SEALED AND DELIVERED in the presence of ~. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OCAROINE ~ I HAVE AUTHORITY TO BIND THE CORPORATION '0 c 3: o I- u :c c. ~ Ol o <1l Ol ~ ~ W ..J ~ C W :J: o U) <1l c :e ell U c 2 '0 >- "" (ij c. .u "c :J :2 Q) c E ell U c 2 C') C') :2 c ell~ - <1l a.. c bLE """'l3 U c 0._ al~ SCHEDULE "8" 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. 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, 2009 and provide the Municipality with a hard copy and digital copy of as constructed drawings. 2. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. Final Grading Certificate completed by a Professional Engineer or a Registered Ontario Land Surveyor, must be submitted. 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 Municipality's Chief Building Official or Engineer in this regard, acting reasonably. 5. The Owner agrees to ensure that all records relating to testing of municipal water mains and sanitary sewers are provided to the Municipality prior to connection to the Municipal system. The Municipality will conduct Bacteriological sampling for the watermain at the owners expense. 6. 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 Municipality's Pubic Works Manager in this regard, acting reasonably. 7. 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 Municipality's fire fighting equipment and as per the Ontario Building Code. 8. 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". DWG SP-1, Oct 07,2007 9. 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. 10. 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 used for vehicular or pedestrian entrances with topsoil and sod/seed. ., . ii) installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete or other hard surfacing acceptable to the Municipality's Engineer. iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 11. 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. 12. The Owner agrees that all driveways and parking areas as indicated on the "approved site plan" shall be surfaced with asphalt, cement, or other hard surfacing acceptable to the Municipality's Engineer. 13. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement. 14. The owner agrees to grant at his expense a registered 15' easement right of way to the Municipality for overland flow route for major storm and underground services including maintenance for all services. 15. New water and sanitary services are to be installed to the existing local commercial building which will require road cuts, connections to existing services and restoration on Walsh Street, Proper arrangements must be made with the municipality with respect to coordination of activities and service materials specification. Magwood, Van De Vyvere, Thompson & Grove-McClement LLP BARRISTERS & SOLICITORS 216 DURHAM STREET, BOX 880 W ALKERTON, ONTARIO NOG 2VO GEORGE C. MAGWOOD, B,A., LL.B. BRIAN J. VAN DE VYVERE, B.A., LL.B. C. HEDLEY THOMPSON, B.A., LL.M. TAMMYW. GROVE-McCLEMENT, B.A., LL.B TELEPHONE (519) 881-3230 E-MAIL wmvt@bmts.com FAX (519) 881-3595 February 10, 2009 Municipality of Kincardine 1475 Concession 5, R.R. #5 Kincardine, Ontario N2Z 2X6 Attention: Michele Barr Building & Planning Manager Dear Ms. Barr: Re: Site Plan Ae:reement - Block "F". Plan M33. Walsh St. Further to our previous communication I would like to confirm that Block "F", Plan M33, Kincardine was divided into two separate parcels prior to the registration of the Site Plan Agreement. Both parcels, however, remained under the same ownership and a new deed was registered for the purpose of obtaining Land Division consent. We have now registered the agreement and I enclose duplicate electronic receipt of registration BR24576 registered February 6, 2009 against all of Block "F", Plan M33. Block "F" is now subdivided into Part I and 2, Plan 3R8604 and the ownership of each parcel is the same as the owners referred to in the Subdivision Agreement. The agreement will then remain outstanding on each parcel and any purchaser will be subject to the terms of the agreement in the future. This completes my report. Please contact me if you have any questions. Yours truly, GCM:cm Enclosure MAGWOOD, V AN DE VYVERE, THOMPSON & GROVE-McCLEMENT ~M(01rf'~~ 60{ George C. Magwood ;'genda Council 0 File No. Consent 0 TO'Y) Yo ({r ! [)i;ection Copied Other: I !2'7,',,--1 Ct.O 0 0 r; 't~.,j Clerk 0 0 he 1.. , '1-..( Treasury 0 M 61/-/<l/.w Nfl. '--- Public Wor'0!6 ,.., lJ ~ar-''f1 '-' I ~ l Planning/Building r-~ 1,.,...- , Recreation 0 0 I Emergency Services 0 0 Scanner: Police Services 0 0 Tourism/Ec. Dev. 0 0 Other: 0 0 po LRO # 3 Notice The applicant(s) hereby applies to the Land Registrar. I Properties PIN Receipted as BR24576 on 2009 02 06 at 14:06 yyyy mm dd Page 1 of 11 Description Address 33308 - 0122 LT PCL F-1 SEC M33; BLK F PL M33; KINCARDINE KINCARDINE 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 for 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 for Service TOM KERR HEATING AND AIR CONDITIONING LTD. P. O. Box 7 Lostowel, ON N4W 3H2 I, Tom Kerr, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. Name Address for Service 1741397 ONTARIO INC. 159 Newbury Drive Kitchener, ON N2N 2P6 I, Jason Kirkconnell, President, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. I Statements This notice is pursuant to Section 71 of the Land Titles Act. This notice is for an indeterminate period Schedule: See Schedules I Signed By John Michael Keip 215 Durham Street, Box 880 Walkerton NOG 2VO acting for Applicant(s) Signed 2009 02 03 Tel 5198813230 Fax 5198813595 I Submitted By MAGWOOD, VAN DE VYVERE , THOMPSON & GROVE-MCCLEMENT LLP 215 Durham Street, Box 880 Walkerton NOG 2VO 2009 02 06 Tel 5198813230 Fax 5198813595 LRO # 3 Notice Receipted as BR24576 on 2009 02 06 at 14:06 The applicant(s) hereby applies to the Land Registrar. I Feesffaxes/Payment yyyy mm dd Page 2 of 11 Statutory Registration Fee $60.00 Total Paid $60.00 I File Number Applicant Client File Number: 12874 - . _ 4 SITE PLAN AGREEMENT This AGREEMENT made this BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE I -=r-+h day of l\erember , 2008. hereinafter called the "Municipality" of the First Part, -and- Tom Kerr Heating and Air Conditioning Ltd. -and- 1741397 ONTARIO INC. 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 land 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". \ ' , '. Page 2 Site Plan Agreement 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". 4. The Owner will at all times indemnify and save harmless 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 detailed in Schedule "B" attached hereto, which shall hereinafter be referred to as the "approved site plan", 1 O. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule "C" attached hereto. 11. a) Upon completion of the development of the "subject lands" 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. 1.. '" Page 3 Site Plan Agreement 12. 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 complete the development is done and that until 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". 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 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. 15. The Owner agrees that all vaults, containers, 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. The Owner agrees that, at its 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 Municipality'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. 17. The Owner agrees to maintain at its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untraveled portions of Municipality-owned road allowances abutting the subject lands. 18. 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. 19. The Owner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbings and traffic direction signs; ., ' .(" Page 4 Site Plan Agreement b) to dedicate to the Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properly executed documents in a form that can be registered, to the Municipality in order to complete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; c) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule "A" attached hereto, free and clear of all encumbrances. PART C - DEFINITIONS 20. 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. 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 Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. Page 5 Site Plan Agreement IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest by the hand of its Mayor and Chief Administrative Officer this ll- +h day of [)? ~ 20()g'The parties have hereunto set their hands and seals this \ "":f-th day of ~c_ 20~ SIGNED, SEALED AND DELIVERED in the presence of ~ Witness cf:4J~,- ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Tom Kerr Heating and ir Conditioning Ltd - Tom Kerr- President I have the authority to bind the Corporation 1~lnc.-Jason Kirkconnell - President I have the authority to bind the Corporation 0'- . r , ~ SCHEDULE "A" Block "F' Plan M33; Kincardine, Municipality of Kincardine, (geographic Town of Kincardine) Being all of PIN 33308-0122 LT "-t; .. c ...... SCHEDULE "B" The "approved site plan" shall be the plan drawn by the Owner and marked as the "approved site plan" I 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. " . . "- 'f SCHEDULE "C" SITE DEVELOPMENT REQUIREMENTS 1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be December 31,2009 and provide the Municipality with a hard copy and digital copy of as constructed drawings. 2. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. Final Grading Certificate completed by a Professional Engineer or a Registered Ontario land Surveyor, must be submitted. 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 Municipality's Chief Building Official or Engineer in this regard, acting reasonably. 5. The Owner agrees to ensure that all records relating to testing of municipal water mains and sanitary sewers are provided to the Municipality prior to connection to the Municipal system. The Municipality will conduct Bacteriological sampling for the watennain at the owners expense. 6. 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 Municipality's Pubic Works Manager in this regard, acting reasonably. 7. 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 Municipality's fire fighting equipment and as per the Ontario Building Code. 8. 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". DWG SP-1, Oct 07,2007 .9. 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. 10. 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 used for vehicular or pedestrian entrances with topsoil and sod/seed. '.i!'~'~ ,; ,. ~ , . r:' ~ o::!>.. '" ii) installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete or other hard surfacing acceptable to the Municipality's Engineer. iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 11. 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. 12. The Owner agrees that all driveways and parking areas as indicated on the "approved site planll shall be surfaced with asphalt, cement, or other hard surfacing acceptable to the Municipality's Engineer. 13. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement. 14. The owner agrees to grant at his expense a registered 15' easement right of way to the Municipality for overland flow route for major storm and underground services including maintenance for all services. 15. New water and sanitary services are to be installed to the existing local commercial building which will require road cuts, connections to existing services and restoration on Walsh Street, Proper arrangements must be made with the municipality with respect to coordination of activities and service materials specification.