HomeMy WebLinkAbout03 151 site plan amend 1429912
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THE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2003 -151
A BY-LAW TO AMEND BY-LAW 2000-115, A SITE PLA AGREEMENT
WITH 1429912 ONTARIO LIMITED
WHEREAS the Ontario Planning Act R.S.O. 1990, P. 13, Section 41 a thorizes
municipalities to enter into Site Plan Agreements;
AND WHEREAS the Council for The Municipality of Kincardine has pr viouslyentered
into a Site Plan Agreement with 1429912 Ontario Limited with the pas age of By-law
2000-115 and By-Law 2003-28 (amending Site Plan by-law) to ensure appropriate
development of those lands described as Parcel 16-4, Section South f Durham Street,
Town of Kincardine, now Municipality of Kincardine, County of Bruce nd more
particularly described on the agreement attached to this by-law as Sc edule "A";
AND WHEREAS 1429912 Ontario Limited wishes to amend the site p an (grading
issues) in order to accommodate site conditions, which requires an a endment to the
original site plan registered as instrument #046527 on October 11, 20 0 Land Titles at
the Registry office in Walkerton;
AND WHEREAS the 1429912 Ontario Limited must satisfy the Coun of Bruce that the
draft terms of the condominium agreement have been met;
NOW THEREFORE the Council for The Corporation of the Munici ality of Kincardine
ENACTS as follows:
1. That the Corporation of the Municipality of Kincardine enter i to an amendment
agreement with 1429912 Ontario Limited for those lands descri ed in the attached
agreement as Schedule "A" to this by-law;
2. That the Mayor and CAO be authorized to sign, on behalf of Th Corporation of the
Municipality of Kincardine, the Agreement with 1429912 Ontario Limited attached to
this by-law as Schedule "A" and to affix the corporate seal as and when required.
3. This By-law shall come into full force and effect upon its final pas age.
4. This By-law may be cited as the "Second Amendment to By-Ia 2000-115, Princes
Grand Site Plan Agreement, By-law".
READ a FIRST, SECOND and THIRD TIME and DEEMED TO BE
8th day of October, 2003.
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This AGREEMENT made this
BETWEEN:
SITE PLAN AGREEMENT
~-(jaYOf ~
,2003.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(hereinafter called the "Municipality")
of the First Part
- and -
1429912 ONTARIO LIMITED
(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 (the "Lands");
AND WHEREAS the Municipality has enacted a Site Plan Control Area By-law pursuant
to the provisions of Section 41 ofthe Planning Act, R.S.O., 1990, P. 13, as amended;
AND WHEREAS the Owner and the Municipality entered into a site plan agreement in
respect of the Lands dated September 27, 2000 ("Original Site Plan Agreemenr);
AND WHEREAS the Owner has not fully complied with the terms of the Original Site
Plan Agreement, in that the elevations of Block 2 in the development were constructed
lower than provided for in the approved site plan drawings;
AND WHEREAS the Owner has made physical changes to the development on the
Lands to respond to this issue, has submitted revised site plan drawings that show the
"as built" elevations of the garages in the development (the "Revised Drawings") and has
submitted those Revised Drawings to the Municipality for approval;
AND WHEREAS the Owner, the Municipality and the Principal wish to enter into a site
plan amending agreement to provide for these changes in elevation as set out in the
Revised Drawings and to indemnify the Municipality for any claims which may arise as a
result thereof;
AND WHEREAS the covenants, agreements, conditions and understandings herein
contained on the part of the Owner shall run with the Lands 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 Revised Plans for the development on the Lands by the Municipality and
the sum of ONE ($1.00) DOLLAR paid by each of the parties to the other, the receipt
and sufficiency of which is hereby admitted, the Owner for its self and for all successors
in title hereby agree with the Municipality as follows:
1. The parties acknowledge and agree that the foregoing recitals are true, complete
and correct in all respects.
2. The Owner agrees to maintain in good repair and at its sole expense the Lands
in conformity with the Revised Drawings, which have been signed by the Owner
and by the Municipality's Chief Administrative Officer or designate and shall be
kept on file with the Municipality.
3.
The Owner hereby release the Municipality, its councillors, 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 or set out in the
Revised Drawings.
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4.
The Owner shall at all times jointly and severally indemnify and save harmless
the Municipality, its councillors, servants, agents and contractors on a solicitor
and his own client basis from any and all losses, costs, claims, demands and
damages which the Municipality may suffer, be at or be put to, for or by reason of
the execution of this Agreement or the approval of the Revised Drawings.
Without limiting any other provision herein contained, this covenant shall bind all
future owners of the Lands.
5. The Owner agrees that the Municipality may register or deposit this Agreement in
the Registry Office for the County of Bruce against title to the Lands at the
Municipality's expense.
6. Nothing in this agreement shall relieve the Owner from complying with all
applicable municipal requirements.
7. Except as specifically set out herein, all terms and conditions of the Original Site
Plan Agreement shall remain in full force and effect.
8.
The Owner agrees thai 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 427 of the Municipal
Act, 2001, S.O. 2001, c. 25, as amended.
IN WITNESS WHEREOF the parties have executed this Agreement.
SIGNED, SEALED AND DELIVERED
in the presence of
Ct1 ~w~ G~~Á
Witness: ---- 7
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1429912 ONTARIO LIMITED
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Per: /' .:"
Keith Battler, Pr . ~_
I have authority to bind the
Corporation.
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
L
ief Administrative Officer-
John deRosenroll
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SCHEDULE "A" - THE LANDS
Amending Site Plan Agreement-1429912 Ontario Limited
Parcel 16-4, Section South of Durham Street, Town of Kincardine, now in the
Municipality of Kincardine, County of Bruce being Parts of Lots 16 and 17, South of
Durham Street, all of Lots 16 and 17, and Part of Lot 18, North of Lambton Street, Part
of Lots 2 and 3, Plan 133, Town of Kincardine, now Municipality of Kincardine, registered
in the Land Registry Office, Bruce No.3, Land Titles Division at Walkerton, now
designated as Parts 1 and 2 on Reference Plan 3R-3572.
SAVE AND EXCEPT part of Lots 17 and 18, North of Lambton Street, now designated
as Part 2 on Reference Plan 3R-4630.
TOGETHER WITH an Easement over those parts of Lots 18 and 19, North of Lambton
Street, now designated as Part 3 0/1 Reference Plan 3R-3572.