HomeMy WebLinkAboutKIN 88 028 Sp - Gry/Bru Holding
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW 1988-28
A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN
AGREEMENT WITH BRUCE-GREY HOLDINGS LIMITED CONCERNING
PART OF PARK LOT 7
WHEREAS the Council for The Corporation of the Town of Kincardine
deems it expedient to enter into a site plan agreement with
Bruce-Grey Holdings Limited concerning the construction of a
Building Trade Centre on Part of Park Lot 7;
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 Bruce-Grey Holdings Limited
concerning the construction of a Building Trade Centre on
Part of Park Lot 7 being more particularly described as Part
3 on Reference Plan 3R-4228.
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 7th day of April, 1988.
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Mayor
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READ a THIRD time and FINALLY PASSED this 21st day of
1988.
April
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Mayor
erk
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I&:! :OVinCe
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Document General
Form 4 - Land R.....-, II8Iorm Act, 1984
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ERTIFICATE OF REGISTRATION
(1) R8Ietry []I
(3) "-"
1'*-(.)
Land T_ 0 (2) P_ 1 of 9 pages
Block Property
AdditiOnal:
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'88 HAY -9 /1.10:13
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LKERTON Land Ih,-,~"...I
(4)"-oID_
Notice of
Site Plan Agreement
(5)_
Not Applicable
(6) Deec:r:¡,Uud
Town of Kincardine, County of Bruce and
composed of Part of Park Lot 7 and being more
particularly described as Part 3 on Reference
Plan 3R-4228. WÈsr s:rt?6 Jlt/RØN f/dIJO
Dollars $
New Property Identifiers
Addllionel:
t"_1o 0
Executione
Add_
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(7) ThIo
D_
Con_
(.) Rødetcriptlon
New Easement
PIan/SkelCh
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(b) Schedule for:
Description 0
Additional
Parties 0 Other ŒJ
(8) This Doc.....nl provides 8810lio..:
Site Plan Agreement attached as Schedule "A".
Continued on Schedule D
(9) This D_ rota... 10 INnmenl numÞet1s)
TOWN OF KINCARDINE
: 'Date of Signature
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~1988 i05 104
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(10) P.rtYlI8S) ISet out Status or Interest)
Namels)
THE CORPORATION OF THE
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(11) Address
tor Service
707 Queen Street, Kincardine, Onto N2Z IZ9
(12) Party(I8S) ISe' out Status or Interes')
Name(s)
Slgnature(s)
Date of Signature
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(13) AddreH
rorS~ 325 John St., Kincardine, Onto N2Z IW7
(14) Murùcfpel Address 01 Property
(15) Documenl P~ by:
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Fees and Tax
South of Kincardine
Wes t of Hwy 21
Kincardine, Onto
Ave. Ronald R. Shaw
Clerk-Administrator
Town of Kincardine
707 Queen Street
KINCARDINE, On t.
N2Z IZ9
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Newsome and Gilbert, Limited
Farm LF1333 (l/8S)
April. 19115
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Page 2 of 9
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SCHEDULE "A"
'j'UlS AGRI:r:NEll'1' made in 1:[ ipl1cate tins
,e; ¡-<- (jiiy vf An 11, 19GB.
DL:'!'\'IEL:N:
'l'UC CORPORA'nütJ OF ','HI: '1'OI'ilJ OF K IliCAHlH 1m
hereinafter called the "Town"
of the First partr
-i:..lnd-
URUCC-GRI:Y HOLDIllGS LINITED
herelna[ter called the IIOwnertl
of the Second Piirt.
SITE. PLAt¡ AGREEI4EWr
\ilJEIŒAS the Owner represents that he 1S the re"istered O\lfl<,r uf
(Ìiuse l.:.nus in the (l'ü\-/n ûf KincardJ.ne, Cuunty of B(uce, described
1n Sctledule "A" attached hereto and [vrming f'at\: of this
illjrt:cment;
II1W \'JlJCHCAS the parties ¡¡ereto a'Jree th¿¡t the lands .:JUectul by
this ayreement are as set out in Schedule "II" uttached I¡ereto:
Ala;! IIHERBA5 the '1'.01<10 .has enacted a Slte plan Control Areù By-la\1
l.JlHsuant to the vrovis.i.o'ns uî Se:ctiún 40 lJt 'l'rJe Pl.J.nning l\ct,
S.O., 1983, Chapter 1, as amended.
AND WHEREAS the coVenants in this
Owner and when registered on
su~c~s~ors in title¡
a9reement are binding
title .:Jre bind1ng
uL)on
upJJ1
the
all
ldiD WHCREAS the owner in title rnùy enter into an agreement Ivith
the Town amending the terms uf this agreement;
NUli 'l'HEHEFOlŒ '1'UIS i',GREEMEN'l' WI'ri'mSSCTII THA'l' in conSlQerallOn 0l
the "pproval ot the ",lans l01 the deVelU¡CilUent un subJcct I!arcel
ul land by the 'l'OVID ùnd the sum or ONE ($1.00) DOLLAR, ttle
receipt of \<Ihich is hereby adm1tted, tile a,mer for hl¡f,sell und
tur all successors in title, HEREBY AGREES \Jlt11 the ~'O'1I1 as
tollo\<ls:
PART A - GENERAL PROVISIONS
1. The parties to th1S agreement hereby .:Jgree that the Owner as
hereln stated 15 the registered O\inel ot tr,ose Lunds
deser ibed in Schedule "A" to this ,,',]reement and the lands
affected by this ð~recßlent are as described in SChedule "All
to this agreement, hereinatter c¿¡lled the "s~b~ect lanDs".
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'"'he Owner for himself and all succeSS(Jrs in titLe hereby
[elea5e~ t11c ~uwn, its servants, ~y0nt5 and contracLurs lCO;¡l
any and all liability lD respect vL the proper m.:itnlenance
and ol!eration of the mùtters ùnd lucitities required by th1s
a\.jreewent and shäll inJeliul1ry [he Il'uwn In reS¡JCCL 01 .J.l1Y
1':;5S or dama'Jc to an"i person ur prùperty encet:llì\.i th.:.:
"subJcct lands" under the terms 0[ ttllS ¿¡~rCe"leI1t.
J. 'i'lie Owner ú.grees to a11ú\J the 1110\-.'0 kit its sole expcn~~e .::Jnd
1n it~ sole discretion tù r42'J.i.~lcr vr uClJusit tillS .j,(Jt'(·(:Iïll)nl
1n the keglstry 01rice tor the Cuunty "I. Laue" "s:..inst LI¡"
"subject l~nd~.·
Page 3 of 9
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The Owner will at all times indemnify and save harmless the
Town from all loss, costs and damages vlhich the TOVID may
suffer, be at or be put to, for or by reason 0(, or on
¡;¡ccount of the construction, mainten¡;¡nce or ex istence of
pavements, curbs, pl¡;¡ntings and other improvements upon the
untr¡;¡velled portions of road allo\/ances vlhere the same are
required by this agreement to be provided by or at the
expense of the Owner and such indemnity shall constitute ¡;¡
first lien and charge upon the "subject l¡;¡nds".
.
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 ¡;¡nd every
term, covenant and condition herein contained and this
agreement may be pleaded as an estoppel against the Owner in
any such proceedings.
G. 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 ¡;¡ny of the rem¡;¡inin'J
clauses.
7. Nothing in this agreement shall relieve the Owner from
complying with all applicable municipal requirements,
8. The Ovmer 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 - SI'PE DEVELOPMENT AND MAINTENANCE PROVISIONS
9. 'Phe Owner ag rees to undertake development on the "subject
lands", at his sole expense, in conformity vJÌth the site
plan as detailed in Schedule "n" att¡;¡ched hereto, which
sh¡;¡ll hereinafter be referred to ¡;¡s the "approved site
plan",
10, The Owner agrees to provide, install or otherwise ¡;¡bide by,
at his sole expenser 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 'pown shall issue a certificate of
compliance.
b)
"Certificate of Compliance" shall mean a statement of
the 'I'ovm as to the substant i¡;¡l complet ion of the \'lOrks,
matters and facilities required by this ¡;¡'Jreement and
shall not be deemed to certify compliance with any
other municipal requirements, regulations, or by-Ia,/s,
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 enlorce any
other of the 'rown's requirementsr regulations or by-
laws which relate to the subject lands.
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12. The Owner hereby acknov/ledges that failure to complete all
required works within the specified time period sh¡;¡ll mean a
certificate of compliance will not be issued until such work
necessary to complete the development is done, and th,:¡t
until such certificate of compliance has been issueÒr in the
event that the prescribed time period has lapsed, the '!'(,VIn
h¡;¡s the right to refuse issu¡¡ncc of any [)crmit nec('ssùry tu
carry out any additional work on the "suhject lands."
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Page 4 of 9
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13, All maintenance and repair of facilities and matters
required by this agreement shall be done by the Olmer from
time to time at his sole risk and expense and the Ovmer
agrees the "subject lands" I~ill 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 I-¡ith the
provisions of Schedule "D" (approved site plan) and Schedule
"e" (site development requirements), and all other
requirements pursuant to this a')reement, 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, containerr collection bins
and other facilities which may be required for the storage
of garbaC)e and other waste material shall be kept within a
completely enclosed building or a completely enclosed
container in the location as shown on Schedule "ß".
IG. 'rhe Owner ag rees that, at his sole expenser all parking
areas provided on the "subject lands" shall be reasonably in
all circumstances, ma intained clear of snm¡ so as not to
prohibit or block or in any IWY 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 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 otW'here melt water would adversely affect an
abutting property.
17, The Owner agrees to maintain at his sole expense and in good
repa i r to standa rds acceptable to the TOl1l1 all la nd s caped
open spacer private driveways and complementary facilitiesr
and private approach sidewalks which are located on
untravelled portions of Town owned road allowances abuttin')
the subject lands.
PARr c - O'l'UER PROVIS IONS
18. Definitions for terms ,¡hich 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 sh¿¡ll not include parkit1'j
areas, traffic aisles, drivewùys ¿¡nd rùmps.
iii) "Parking Areù" shall mean the ¿¡reas of open spùce other
than a street to be used for the p¿¡rk in') of motor
veh ic les and access ramps ;:¡nd d r i ve\¡ays to ¿¡ reas used
for the parking of motor vehicles which sh¿¡ll be cle¿¡r
of buildings and structures E'xcept those accessory to
the operation oE the parking arcù, and which shall be
available and maintained for the pad:ing of motor
vehicles including manoeuvering aisles and other sract-
necess¿¡rily incidental to the parking of vehicles.
iv) "Natural Open Space" shall me¿¡n the areas of open srùce
which are to remain in a nùtural st;:¡te with a minimum
amount of maintenance, but shall not include arcas of
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Page 5 of 9
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outside storage, j?arking areas, trafflc alsles,
driveways or ramps, or Buildin<j Area, Uatural O"èn
S~ace areas shall be sub)ect to the requirements of the
!1aintenance and Occupancy (Pruperty Standards) By-la\v
as amended from time to tlme tor the Town and shall be
kept clear of ¿¡II weeds and natural gro\Jth \Ihich lS
prohibited by other 'I'own by-l¡:¡ws. Areas út Uatur¿¡l
Open Space may include areas of Landscaped Open S~ace.
IU WITNESS WHEREOF the parties hereto have hereunto affixed their
corporate seals attested to by the hands of their proper offlcers
in that beh¡:¡lf fully authorized,
THE CORPúRATION"et", ~U:I; :pmIN
OF K I NCARD I liE ......,...~"._>.._"
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Page 6 of 9 I
SCHEDULE "A"
SUß,H:c'r LJ\llDS
ALL AND SINGULAR th;:¡t certain parcel or tr;:¡et of l;:¡neJ ;:¡nd
premises, situate, lying and being in the 'rmm of l<incélrdine,
County of Druce, Province of Ontario élnd composed oj Part of PDr~
Lot 7 be ing more particularly descr ibed as Part 3 on Refc'rence
Plan 3R-4 22 8,
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Page 7 of 9
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SCHEDULE "B"
APPROVED SI"rI~ PLAN
'l'he "approved site plan" shall be the plan dravlO by lIarry
Forrester referred to thereon as the "approved site plan" as
indicated by the signature of the Clerk Administrator for the
'l'O\ln of Kincardine, and on file in the Clerk Administrator's
office.
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Page 8 of 9
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SCHEDULE "c"
SITE DEVELOPMENT RE0.U I REHEIJ'rS
1.
The Owner ag rees
required pursuant
1988.
that the completion date for all work
to this agreement shall be December 31,
2.
The Owner agrees
acceptable to the
drainage shall be
plans in a manner
to prepare a grading and a drainage plan
TOIVD'S Engineer and all surface and roof
controlled in accordance with the approved
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 a\~ay
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 instDlled and
measures taken to prevent unreasonable erosion of soil from
the site by wind or water, and the Owner agrees td Dbido by
Dny request of the Town's Chief ßuilding Official or
Engineer in this regard, acting reasonDbly.
5. The Owner agrees to install temporary fencing or otherwise
adequately protect Dll trees, shrubs and other vegetation
which are to be retained, and such fencing shall be located
no closer to any trees thDn the drip line of such trees, and
the Owner agrees to abide by the requirements of the Town's
Maintenance Supervisor in this regardr Dcting reasonably.
6, 'I'he Owner agreeithat any internal drivewDYs which are
necessary for and designated as a fire route shull be so
designed so as to carry the vleight of the 'rovln'S Fire
Fighting equipment,
7, The Owner agrees to provide all landscuping DS 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
sidewDlk ramps of proper gradient and surfacing.
9, The Owner agrees to appropriately and properly finish all
lands lying between the "subject lands" Dnd any and all
abutting streetsr which, without limiting the generality of
the foregoing shall include the following:
i) landscaping of lands lying betvleen the street line and
property line not to be used for vehicular or
pedestrian entrances with topsoil and sod/seed.
ii) installation of drivevlays of proper width and grade
from the street line to the property line with asphalt,
concrete or other hDrd surfacing acceptable to the
Town I s Eng ineer.
iii) removal of existing driveways which are not to be used
with replacement by appropriDte landscaping as detDileeJ
above,
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Page 9 of 9
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10, The Owner ageres to obt¡1in a building permit within six (6)
months from the date of this agreement. Fai lure to obUnn a
building permit within the prescribed time period shall me",n
this agreement is null and void.
11, The Owner also agrees that all driveways and parking areas
õ.S indicated on the "dpprov",d site plan" shall be surfac8d
with a grav81 bas8, and thõ.t such gravel base shõ.ll be
treated so as to prevent the creation of dust by vehIcle
movements or wind, and constructed In such a way as to
prevent vegetable growth therein, Any graveled area rnäy be
surfaced with asphalt or cement at any time, subject to
provision of any additional drainage facilities which may be
required by the Town's engine8r.
12,
clerk-administrator may
to provisions of this
shall not constitute
ägree in writing to
agre8ment. and such
an amendment to
minor
minor
this
The Town's
variations
variations
agreement.