Loading...
HomeMy WebLinkAboutKIN 88 028 Sp - Gry/Bru Holding ·~ . 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. ~,~ Mayor ~~0 READ a THIRD time and FINALLY PASSED this 21st day of 1988. April ~~~ Mayor erk f4-'."._-' , 'J > I&:! :OVinCe ~OnlariO Document General Form 4 - Land R.....-, II8Iorm Act, 1984 o umber .............................. 2.4419 0 .. ......, ERTIFICATE OF REGISTRATION (1) R8 Ietry []I (3) "-" 1'*-(.) Land T_ 0 (2) P_ 1 of 9 pages Block Property AdditiOnal: S.. 0 Sc'-Io '88 HAY -9 /1.10:13 .U;E ~~ 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_ S.. _10 o (7) ThIo D_ Con_ (.) Rødetcriptlon New Easement PIan/SkelCh o (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 Y M D -: ;' ~1988 i05 104 .. ,.' 'k" ¡:.:...;"",. -oQr .: - : . , . ' . . . .. , . . , ~:~~~~~~~:~~·:~~t:: , . : : :1: : : ! : ¡ : :: ..... .....'.-.' ~ (10) P.rtYlI8S) ISet out Status or Interest) Namels) THE CORPORATION OF THE ..... ......... ......,. ....... ....... ....... .... ....... .... ........ '" ..... .,. ". ... ..... .... ............. ........ ..... ............... (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 Y M D '" ~R.U.Ç~.:-. .G~~¥. ~(~Ll?gi ~.~ .Ic~t'1.I.T:F;I?...,... , , , , " · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . .,. . . , " , " , " , " , ., · ............... ......... ....... ..t.... .t.. .¡... , " , " , " , " , " , " · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . ~ . . .:. . . : :: , " , " ¡ ¡ ¡ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13) AddreH rorS~ 325 John St., Kincardine, Onto N2Z IW7 (14) Murùcfpel Address 01 Property (15) Documenl P~ by: , >- Ž Registration Fee o w <J) :> w () ¡¡: u. o 0: o u. 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 ·00 Total ~o .c)cJ Newsome and Gilbert, Limited Farm LF1333 (l/8S) April. 19115 . .~ . Page 2 of 9 J.;;¡""",:" ~ " SCHEDULE "A" 'j'UlS AGRI:r:NEll'1' made in 1:[ ipl1cate tins ,e; ¡-<- (jiiy vf A n 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". " ~. '"'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 :t..._,,:-,_. , -2- L 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. . 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." """;- '" Page 4 of 9 , -3- . ~ 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 > ; .. .' '. . . Page 5 of 9 -4- 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 ......,...~"._>.._" . , ' :- '- oI~ Ih/JI/., s-~ ) ) ) ) ) ) ) . . . "_ __,~~:~~_~__...~...:"..:...-'V - , . "- ,:,-;...~ ~'f ¥ , , -. . . ., 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, '. . . .... ,.- Page 7 of 9 > 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. ."- .f . . ...- )".... .. Page 8 of 9 , 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, "',¿ ,..' ! . . . , , Page 9 of 9 . . . . £ 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.