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HomeMy WebLinkAboutKIN 88 095 Sp - P. MacMasters . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW 1988-95 A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT WITH PATRICK G. MACMASTERS CONCERNING LOTS 33, 34, 35, 36 AND 37, SOUTH SIDE OF BROADWAY, PLAN 4 WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to enter into an agreement with patrick G. MacMasters concerning the construction of a building on Lots 33, 34, 35, 36 and 37, south side of Broadway, Plan 4; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. The mayor and c le r k are he reby author i zed to execute, on behalf of The Corporation of the Town of Kincardine, the attached agreement with Patrick G. MacMasters concerning the construction of a building on Lots 33, 34, 35, 36 and 37, south side of Broadway, plan 4 in the Town of Kincardine. 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 15th day of December, 1988. ./ LjJ ¡} ~9t~m, , Mayor Clerk READ a THIRD time and FINALLY PASSED this 5th 1989. day of January ". " ~ J%9I~ May r . ~ Province o. OntariO . umber..........................2.522.69 ERTlfJèATE OF REGISTRATION ~89 JAN 17 A9:16 . BRUCE a·1:: ~ No.3 WALKERTON Land. Registrar I A JdItlD~1It =..... 0 -- See Schedule Document General Fonn 4 - ....... RloIb.bAi... -... Act, 1884 o (1) RI IIIry IX] (3)"'-" I~o) ....... T_ 0 (2) Pogo 1 of 9 poges BIod< Property -, =..... 0 (4)_oID_ Notice of Site Plan Agreement (Subsection 40 (10) of The Planning Act, 1983. (5) Not Applicable DoIIors $ ( DeautpMøft 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 33, 34 35, 36 and 37, south side of Broadway, Plan 4. o (7) ,... DocumIIII ~ - - 0 Other IKI i (b) _ulolor: I D! Deocripllon 0 (e) -pilon NewE_ PIonISIISdI (I)""_nl__._: The Corporation of the Town of Kincardine hereby applies for the entry of a Notice of Site Plan Agreement in respect of the said lands. An executed copy of the Site Plan Agreement is attached hereto as Schedule "An. -~{..'--,- (I) ThIo D_ ........ _lIUIIIbor(o) (10) P8rtv(1oo) (Set out Stallls or 1_) - Nome(I) ContlnUBd on Schedule 0 ..' .~.~..~ .. . }......,.>:-~-- " --:::..··..tJate oISignoture . '. -Y M D ._ "":' ii-989 i 01'112 aw' ¡;'-"êléi- ... -, .. +.: . . . I ..... . ........ .~--::.~~~~~:-:~._:\:~~¿::... :. ·1·· . - . '- I ! . . . . . . . . . . . . . . . .. ...~ .-; ':' ':'" . '. . ~ ..... I . . . r· . . , I !! ! ¡ ...rBE.çO~¡QE~T¡P~.Qf.~~~.... ... rp.~l'j .Of. .lW,!Çc\KQ:r,~~..... .. ... . . ...... ...................................... (11)~ 707 Queen Street, Kincardine, Onto N2Z lZ9 (12) POrl¥lloo) (Set out Status or In_) Norno(s) Slgnolur8(s) DatI 01 Signature Y M D ! ..................................L..... I .............................. .j i :::1::: ···1··· ! PATRICK G. MACMASTERS .......................... ............ ....... .. ,.. ....... ....... ...... " ..... ....... ...... .. ... ....... .... ,. ........ ........ ...... ..... (13)_ ~~ Kincardine, (14) ............_ 01 P-'Y Broadway St. Kincardine, Onto Onto (15) _ "'-- by. Ronald R. Shaw Clerk-Administrator 707 Queen Street KINCARDINE, Onto N2Z lZ9 Newsome aDd GDbert. Limited Form 1I133S (1/85) , F_ondTex ~ is Reg-.n FOB ~ o w o ¡¡: o 0:: f2 T otIII -oC) April. 1915 " . "':-qti{ . Page 2 of 9 . SCfJEDULE "A" THIS AGREEMENT made in triplicate this ~5th day of January 1989 . BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First part, -and- PATRICK G. MACMASTERS hereinafter called the "Owner" of the Second 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, 8.0., 1983, Chapter 1, as amended; AND WHEREAS the covenants in this Owner and when registered on successors in title; agreement are binding upon the title are binding upon all AND WHEREAS the owner in title may enter into an agreement with the Town amending the terms of this agreement; 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 rece ipt of wh ich is hereby admitted, the Owner for h imse 1 f 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 descr ibed in Schedule "An 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 and 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 lands." Page 3 of 9 -2- ~'."'-'i' )q The Owner will at all times indemnify and save harmless the Town from all loss, costs and damages which the Town may suffer, 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 untravelled portions of road allowances where 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". 4. . 5. The 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. 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. 7. Nothing in this agreement shall relieve the Owner from complying with all applicable municipal requirements. 8. 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 9. The 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 II. IO. The 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 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 estopped 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. . 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 prescr ibed time per iod has lapsed, the Town has the right to refuse issuance of any permit necessary to carry 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 and expense and the Owner agrees the "subject lands" 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 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, 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. 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 prohibi t or block or in any way restr ict access along any dr iveway, walkway for vehicular and pedestrian traffic or reduce the number of useable parking spaces be low 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. 17. The Owner agrees to maintain at his sole expense and in good repair to standards acceptable to the Town all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untravelled portions of Town owned road allowances abutting the subject lands. PART C - OTHER PROVISIONS 18. Definitions for 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 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 manoeuvering 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 . :~~ . 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. s~~~· ) THE CORPORATION OF THE TOWN ) OF KINCARDINE .'~ " ¡ ~ A~j;~ ) Mayor - Donna k;: Wilson : - ~~~ ) ) ) ) ) ) PATR"~' . ,'#fI" . Page 6 of 9 SCHEDULE "A" SUBJECT 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 33, 34, 35, 36 and 37, south side of Broadway, plan 4. . . . "."",,' . Page 7 of 9 SCHEDULE "B" APPROVED SITE PLAN The "approved site plan" shall be the plan drawn by Patrick G. MacHasters referred to thereon as the "approved site plan" as indicated by the signature of the Clerk Administrator for the Town of K incard i ne, and on file in the Cler k Administrator's office. , . ~i$' . , page 8 of 9 , " SCHEDULE "c" SITE DEVELOPMENT REQUIREMENTS 1. The Owner agrees that the completion date for all work required pur suant to th is ag reemen t shall be Decembe r 31, 1989. 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 vegetat ion 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. The Owner agrees that any internal dr iveways which are necessary for and designated as a fire route shall be so designed so as to carry the weight of the Town's Fire Fighting equipment. 7. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 8. The Owner agrees that the site and building shall be designed so as to provide unobstructed access for wheelchairs to at least one main building entrance from the public sidewalk/street and one parking area by use of sidewalk ramps of proper gradient and surfacing. 9. The Owner agrees to appropriately and properly finish all lands lying between the "subject lands" and any and all abutting streets, which, without limiting the generality of the foregoing shall include the following' i) landscaping of lands lying between the street line and property line not to be 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 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 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. , . .{~:,:(~" . ---" , Page 9 of 9 . ! " 2 11. 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. 12. The Owner agrees that all driveways and parking areas as indicated on the "approved site plan" shall be surfaced with a gravel base, and that such gravel base shall be treated so as to prevent the creation of dust by vehicle movements or wind, and constructed in such a way so as to prevent vegetable growth therein. Any graveled area may be surfaced with asphâlt or cement at any time, subject to provision of any additional drainage facilities which may be required by the Town's Engineer. / 13. The Town's clerk-administrator may agree in writing to minor variations to provisions of this agreement, and such minor variations shall not constitute an amendment to this agreement.