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HomeMy WebLinkAboutKIN 88 069 Sp - Farnham Develop - -. THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW 1988-ú9 A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT WITH FARNHAM DEVELOPMENT CORP. CONCERNING LOTS 62, 63 AND 64, WEST SIDE OF VICTORIA STREET, PLAN 61, TOWN OF KINCARDINE WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to enter into an agreement with Farnham Development Corp. concerning the construction of a gas bar on Lots 62, 63 and 64, west side of Victoria Street, Plan 61 in the Town of Kincardine; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. The mayor and clerk are hereby authorized to execute, on behalf of The Corporation of the Town of Kincardine, the attached agreement with Farnham Development Corp. concerning the construct ion of a gas bar on Lots 62, 63 and 64, west side of Victoria Street. 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 22nd day of September, 1988. ~~~ Mayor ì READ a THIRD time and FINALLY PASSED this 1988. J~j!l J/~ Ac ting Mayor 6th , day 0'[ ___Oct-o.ber , , - .. , .~...- . ~ ~ Provlnc:e 01 ~ Ontario Document General Fonn 4 - UncI R.."Iob- Relonn Act 1984 o --. (1) RegIoIry I!I (3)P~ 1"'_1(.) Land TItIea 0 (2) Page 1 of Block P~ . '" pages Number .........,.........25.0.7..1..l. CERTIFICATE OF REGISTRATION "88 t«IV 22 A 9 :34 - =-- 0 (4).... 01 0_,. Notice of Site Plan Agreement (5) Conrllhr.alol. BRUCE ~ ...tl-J __ No.3 .~ WALKERTON Land Registrar Not Applicable DoU....$ (6) Oeoc:rlpllon Town of Kincardine, County of Bruce and composed of Lots 62, 63 and 64, west side of Victoria Street, 'fL.. H. New Property ldentlflats ./ -- ~Ie 0 Ex_ (7) ThII (a) ~ription I (b) Schedule for: AddIIionaI: - New Easement I Additional See 0 ConIaIna: PlanlSketch 0 I Deecriptlon 0 Parties 0 Oöø KJ _Ie I (')ThII~nl,,","lde...IoI_: The Town of Kincardine hereby applies for the entry of a Notice of Site Plan Agreement in respect of the said lands. Site Plan Agreement attached as Schedule "A" Continued on Schedule 0 (t) nIB Oocu.....,._ to ....trunwlt numller(s) THE CORPORATION OF THE ..... ,.,..................... ............ .' .. ..'< .,:,: . (10) ParIy(les) (Set out Status or Interest) Nama(s) .... ,,- - ~- ure(s) TOWN OF KINCARDINE ................... ........ .................. . Data of Signature .. V M D . k' , ~:\.. . ~: .-:.. .. {+:Q&~. ~.~ .¡P. haw., ~:~led~:' ./ ..~, . I .................../.. .:;,..-:;..~~'\;;.'":.,....f...... ...... "". '-"". ~ .\:. .,"1 I -, ......-...- -. I I -.. I ! I ... ........,. ... .,.... ..... 'I····· ...... II :: , . : I . .... .... .................. ......... ........... (11)_ for 6_ 707 Queen Street, Kincardine, Onto N2Z IZ9 (12) ParIy(les) (Set out Status or tntarast) Nama(s) Signature(s) Data of Signature V M D ....................................,.... . i I ...... ... ...... ............. ..... 't'. .0. j ... .... ,. .... ...... ...... ....... ......., ! ! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -~ . . . . . I : ..... . FARNHAM DEVELOPMENT CORP. .,.............. ,..................... ....... .... .. ',. ................ ......................... ... ... (13)_ . far6ervlca 140 P1ne (14) MunIcIpaIAdchaa of PJOparIy Victoria Street Kincardine, Onto Valley Blvd. London, Onto N6J 4J6 (15) Docu_1 ......... by. Ronald R. Shaw Clerk-Administrator Town of Kincardine 707 Queen Street Kincardine, Onto N2Z 1Z9 ~ is Ragistration Faa .:J w '" :> w o ¡¡: II. o a: !2 ToI8I .90 -0 c7 April. 1985 Fees and Tax New80llle and Gilbert, Limited ~ : . . ~ , Page 2 of -W1 . < SCHEDULE "A" THIS AGREEMENT made in triplicate this 6th day of October, 1988. BETWEEN: THE CORPORA'rION OF THE 'fOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- FARNHAM DEVELOPMENT CORP. 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, S.O., 1983, Chapter 1, as amended; AND WHEREAS the covenants in this agreement are binding upon the Own era n d w hen reg i s t ere don tit 1 e . are bin din g u po naIl 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 AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Town and the sum of ONE ($1.00) DOLLAR; the receipt of which is hereby admitted, the Owner for himself and for all successors in title, HEREBY AGREES with the Town as follows: PART A - GENERAL PROVISIONS 1. The parties to this agreement hereby agree that the Owner as herein stated is the registered owner of those lands described in Schedule "A" to this 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 propertj 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 ~ 4 - '. -2- 4. 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". . 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 devel~pment 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. The Owner agrees to provide, install Or otherwise abide by, at his 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 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 prescribed time per iod has lapsed, the 'fown has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands." . . , Page 4 of 1-6, . . . -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 .nd 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 "Bo. 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 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 'I'own' s zoning by- iaw. 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 t.he Town all landscaped open space, private driveways and co~plementary 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 permit ted. . 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, anù which shall be available and maintained for the packing 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 J.ffq . . I -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. ) ) ) ) ) Farnham Development Corp. ) ) ) ) President - Larry Morris " .' -" ~""'..._~ ",~' -....:-:....::~, ~.~ - -:. .,' ~"-~......~.....-:- /,.. -.;.... ~.:.";;--_...~...-~ ~~.~~? \ ,,~ - ..... : ::?: :- ~ i :~. ~ - -- - - ... ~ :::;',-.. - - .. -:_~';-:--_.-f.¿;'~ -'- -- ". . . . , , Page 6 of ~1 , 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 62, 63 and 64, west side of Victoria Street, ~lL~ [1. . . , . , , Page 7 of ~q -. , SCHEDULE "B" APPROVED SITE PLAN The "approved site plan" shall be the plan drawn by Farnham Development Corp. 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 f of ltAfq . .. ..~ 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, 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 ~he 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 landsR that appropr iate 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. 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 Rapproved site plan". All plantings shall be installed to the specifications and requirements as indicated on the Rapproved 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. IO. 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 ~ of JA"c¡ . .. . 2 11. The Owner agrees to obtain a building permit within eight (8) months from the date of this agreement, and all work required pursuant to this agreement shall be completed by December 31, 1989. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. 12. The Town'~ 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. 13. The Owner agrees to provide exterior lighting under canopy under the gas bar island, spotlights under southern overhang, two wall lights on the northern wall one wall light under the eastern wall. the the and 14. The Town agrees that in the event that the Owner does not have sufficient parking, that it will enter into an agreement for payment in lieu of parking under the provisions of the planning Act, S.O. Chapter One, as amended, at the rate of $500.00 per space provided that the number not able to be provided does not exceed ten per cent (10%) of the total.