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HomeMy WebLinkAboutKIN 88 023 Dev Agree-392720 Ont THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW 1988-23 . A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH 392720 ONTARIO LIMITED CONCERNING PART OF LOTS 16 AND 17. SOUTH SIDE OF DURHAM STREET ,ALL OF LOTS 16 AND 17 AND PART OF LOT 18. NORTH SIDE OF LAMBTON STREET. TOWN PLOT OF PENETANGORE AND PART OF LOTS 2 AND 3. REGISTERED PLAN NO. 133. ALL OF WHICH ARE MORE PARTICULARLY DESCRIBED AS PART 1 ON REFERENCE PLAN 3R-3495 WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to enter into a Development Agreement with 392720 Ontario Limited concerning the construction of 50 condominium units on Part of Lots 16 and 17, south side of Durham Street and Lots 16 and 17 and Part of Lot 18, north side of Lambton Street, Town plot of Penetangore and part of Lots 2 and 3, Registered plan No. 133, all of which are more particularly described as Part 1 on Reference Plan 3R-3495; 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 ag reemen t with 392720 Ontar io Limited concern ing the construction of 50 condominium units on part of Lots 16 and 17, south side of Durham Street, Lots 16 and 17 and Part of Lot 18, north side of Lambton Street, Townplot of Penetangore and Part of Lots 2 and 3, Reg is tered P Ian No. 133, all of which are more particularly described as Part 1 on Reference Plan 3R-3495. 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 17th day of March, 1988. ~~~ . READ a THIRD time and FINALLY PASSED this 7th 1988. ~~ Mayor day o~ April .--'-. -- - - erk -- ~ ---~----- ." ~ . , j .-- ~ Province 01 Ontario Document General Fonn 4 - Und Reglslr8tlon Reform Act, 1884 D 21073 umber .......................................- CERTIFICATE OF RECEIPT '88 .JUN 24 ~,~f) :03 ~~ .andReøIStJ8I' "- 15' ~ ... New Property tdontifie!s - ="'10 D Additional: ~Io D (I) ThIo ~.......-.._: (1) Reglolly ŒI (3) P-'Y IdonIIfleI(l) ..- T_ D (2) Page 1 of Ifpages Block P-'Y Additional: =""10 0 (4) N...... 01 Docu_" Notice of Development Agreement (5) on.ldnJtlon Not applicable oa~$ (liD............ Parcel 16-1 Section south of Durham Street, Town of Kincardine, County Bruce and being in the Town of Kincardine, County of Bruce, Part of Lots 16 & 17, south side of Durham Street and all of Lots 16 & Jt1, and Part of Lot 18, north side of Lambton Street, Town of Kincardine and Part of Lots 2 and 3, Registered Plan No. 13J, all of Which are more particularly described as Par ¡'~~n Reference Plan 3R-3572 together with an easement described in # 192266 over Part Lots 18 & 19, north side of Lambton Street being Part 3 of Reference Plan 3R-3572 (7) ThIo (a) Aedeacription (b) Schedule for: Document New E..nent Additional eonlllnl: PlanlSkeIch D Deecriplion D PartieS D Other g¡ See Development Agreement attached as Pages 2 to 13 (8) Thll Doc:unwrt ....1eI to ~ numbet(1) (10) P8fIV(1eI) (Set out Status or Interest) 'Name(a) THE CORPORATION OF THE TOWN ........ ,. ............ ... ,............ · 9.F. .Iq~~A.R,rn~~. . . . . . . . . . . . . . . . . . . . Continued on Schedule D . . Sig ". Date of SignatulB '. Y M D ¡: I , !:.1)~? j P.~i. 99 r ;-..::.:- : I - '--.. -/-l': II j . . . . . . . . . . . . . . . . . . . . . . .... 'I. .~..~..~...~ , " t. . . .. .. .,. . . ...- -..:.: .;..',:"- ¡ ¡ f : · .' ... ...... ...... .... ,.. ...... t··· "1" .j... · " ¡ !! , .' , " · ,................... ,....................... (11)_ tor SenIce 707 Queen Street, Kincardine, Onto N2Z lZ9 (12) Partr(leI) (Set out Statua or Interest) Name(a) Signalurø(a) Dete 01 SignatulB Y M D · · , · ..... ....... ....... ...... ...... ···t·· ... ..,... ..... .... ....... ...... '" ··,t,· ... . .............. .... ......... ..... 'f" ... · ~.9P?9. .0.I"!~H.i.o. .1AI!l~.t.~4. . . . . . . . . . . . . . . . . . ..... . ................................ ,..,......... ... ,.............................,......... (13)_ tor SenIce (14) 1IunIcIpIII_ 01 "-" Princes Street Kincardine, Onto }J................. so""" ~!lNort. Limrt.f!ll ,.... . ...,. . (15) "-'PI...I "'-" by: Ronald R. Shaw Clerk-Administrator Town of Kincardine 707 Queen Street Kincardine,Ont. N2Z lZ9 Feea and Tax ~ Z Aegiatration Fee o UJ '" ::> UJ o ¡¡: "- o rr ~ æootJ cflOðD ApriI.198~ Tole. ., \. t, . . . . ~i' DEVELOPMENT AGREEMENT Between THE CORPORATION OF THE TOWN OF KINCARDINE and 392720 ONTARIO LIMITED Dated this seventh day of April, 1988 Town of Kincardine 707 Queen Street Kincardine, Ontario. N2Z lZ9 Page 2 v[ 1] ~, . . .... -, , TABLE OF CONTENTS 1. LIST OF SCHEDULES ATTACHED 2. INSTALLATION OF SERVICES 2.1 Utilities 2.2 Grading Plan 2.3 Relocation of Existing Services or Repairs 2,4 Blasting 3. MAINTENANCE AND REPAIRS DURING CONSTRUCTION 3.1 Care of Access Roads and Other Services 3.2 Dumping and Removal of Debris or Fill 4, DRAINAGE, LANDSCAPING AND DESIGN 4,1 Grade Control 5, ADMINISTRATION 5.1 Registration of the Agreement 5.2 Serving of Notices 5.3 Owner's Liability 6. FINANCIAL PROVISIONS 6.1 Levies or Imposts 6.2 Future Development 6.3 Taxes 6.4 Insurance 6.5 Interest on Overdue Accounts 7. MISCELLANEOUS PROVISIONS 7.1 Benefit and Burden 7,2 Gender 7.3 Continued Obligation 7.4 Authority 7.5 Construction and Occupation 7.6 No Waiver 7,7 Severability 7,8 Assignment 7.9 Non-Performance Page 3 vi 1] page 1 1 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 5 5 5 6 6 6 6 Page 4 u[ 13 .' '':, '. " , -2- 7.10 Complete Agreement 6 7.11 Further Documents 6 . 7,12 Compliance with Law and Standard Practices 6 7.13 Indemni ficat ion of Municipality 7 . , , . " . . ," ., Page 5 d 13'" 4 THE CORPORATION OF THE TOWN OF KINCARDINE DEVELOPMENT AGREEMENT THIS AGREEMENT made this seventh day of April, 1988. BETWEEN: 392720 ONTARIO LIMITED hereinafter called the "Owner", of the First Part, -and- THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town", of the Second Part. WHEREAS the Owner is the owner in fee simple of the lands described in Schedule "A" attached hereto; AND WHEREAS the Owner wishes to build a 50 unit condominium development on the lands descr ibed in Schedule "A" attached; AND WHEREAS the lands described in Schedule "A" attached are subject to a development agreement dated the 2nd day of July, 1981 and registered as Instrument Number 189072 in the Registry Off ice of Bruce (No, 3) Land Titles Divis ion on the 1st day of October, 1981 and a further agreement dated the 17th day of November, 1983; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of other good and valuable consideration and the sum of ONE DOLLAR ($1.00) of lawful money of Canada, now paid by each of the parties hereto, (the receipt whereof is hereby acknowledged), the parties hereto covenant, promise and agree with each other as follows: 1. LIST OF SCHEDULES ATTACHED The following Schedules are attached to and form part of this Agreement: Schedule "A": Description of Lands to Which this Agreement Applies, (herein called "the Lands"). Schedule "B": Site Plan, (herein called "the Plan"). 2. INSTALLATION OF SERVICES 2.1 Utilities The Owner shall enter into such agreements as may be necessary with the Kincardine Public Utilities Commission regarding such matters as the authority properly requires. The Town shall not be obligated to issue any building permits until provided with confirmation by the authority that the agreements provided for by this clause have been entered into or other satisfactory arrangements have been made. .../2 .'. " . . Page 6 of 1--3 ,'..' .~~. P ag e 2 392720 2.2 Grading plan The Owner shall submit to the Town Engineer two sets of an overall grad ing plan. Th is plan shall spec i fically show existing and proposed grades for all lot corners, block corners, centre lines of roads and the centre of the minimum building set-back line on each lot. It shall also indicate existing ditches, natural watercourses and filled land. Review and Approval The Town Engineer shall: i) review the submission with reasonable dispatch, ii) communicate to the Owner any corrections requisite for such compliance, and iii) subject to any requisite corrections, endorse his approval on the two sets of plans and specifications, retain one set for inspection purposes and return the other set to the Owner. 2.3 Relocation of Existing Services or Repairs The Owner agrees to pay the cost of relocating and repairing any existing municipal services where such relocation or repair is made necessary by reason of the construction of the municipal services required by this agreement, and to adjust the grade of all water service boxes, valves, hydrants and valve chambers as may be required by the Town Engineer. If the grades of existing adjacent roads need to be changed, the necessary work to do this shall be at the Owner's expense. 2.4 Blasting The Owner agrees that no blasting will be undertaken without the written consent of the Town Engineer. 3. MAINTENANCE AND REPAIRS DURING CONSTRUCTION 3.1 Care of Access Roads and Other Services All access roads and all appurtenances on road allowances giving access to the development shall be maintained in good condition during construction and, if damaged, restored by the Owner. The Owner agrees to apply calcium to the access roads, as needed and in sufficient quantities to prevent dust problems. 3.2 Dumping and Removal of Debris or Fill The Owner agrees neither to dump nor to permit to be dumped any fill or other debris on nor to remove or permit to be removed any fill from any public lands without the written consent of the authority having j ur isd ict ion. 4. DRAINAGE, LANDSCAPING AND DESIGN 4.1 Grade Control The Owner agrees to grade and drain all the lands in accordance with the Grading Plan required in Subsection 2.2 of this agreement and as approved by the Town Eng ineer. .. ./3 Page 7 v[ l~ . . ~. , Page 3 392720 5. ADMINISTRATION . 5,1 Registration of the Agreement The Owner agrees that this agreement and the schedules hereto or any parts thereof may be registered upon the title of the lands, at the sole discretion of the Town. The Owner shall pay to the Town all legal disbursements incurred with respect to registration. 5.2 Serving of Notices unless otherwise specified in this agreement, any notices required under the provisions of this agreement shall be given by prepaid registered mail or by personal delivery to the following persons at the fOllowing addresses: TO THE TOWN: Clerk-Administrator Town of Kincardine 707 Queen Street Kincardine, Ontario N2Z lZ9 TO THE OWNER: 392720 Ontario Limited MacArthur Management Services R.R. * 5 Kincardine, Onto N2Z 2X6 5,3 Owner's Liability The Owner agrees to indemnify and save harmless the Town from all actions or suits which may arise either directly or indirectly by reason of the work done or the materials supplied by any of the parties to this agreement pursuant to any of the provisions of this agreement. 6. FINANCIAL PROVISIONS 6.1 Levies or Imposts The Owner agrees to pay the Town by way of impost fees the sum of $90,600 less a credit of $6,800 for four pre-existing units, less $9,100 paid under the agreement dated July 2, 1981 and less $5,000 paid under the agreement datèd November 17, 1983 for a payment due of $69,000. payable as follows: a) To pay the sum of $5,600 to the Town upon execution of this agreement. b) To pay the unpaid balance of $64,100.00 by paying the Town the sum of $1,282.00 per condominium unit when applying for an occupancy permit for such condominium unit. . 6.2 Future Development The Owner agrees that any future development beyond 50 condominium units will require a further development agreement as a condition of the Town issuing a further building permit or approving a further site plan agreement. .../4 , " . . Page 8 of 13- '. Page 4 392720 6.3 Taxes No building permits shall be issued until the Owner submits a certificate that all taxes on said Lands have been paid. 6.4 Insurance i) The Owner shall insure against all damages or claims for damage with an 1nsurance company satisfactory to the Town's solicitor. Such policy or policies shall be issued in the joint names of the Owner and the Town and the form and content shall be subject to the approval of the Town. The policy or policies shall remain in the custody of the Town during the life of this Agreement. The minimum limits of such policy or policies shall be $4,000,000.00 all inclusive, but the Town shall have the sole right to require higher policy limits. The policy or policies shall have no exclusion for blasting and must contain a "completed operations" clause. The policy or policies shall remain in effect for the life of this Agreement. ii) The Owner shall provide, to the satisfaction of the Town, from time to time as the Town Engineer may require proof that all premiums on such policy or policies of insurance have been paid and that the insurance is in full force and effect and also that the Owner has complied with all provisions of The Workers' Compensation Act and The Construction Safety Act. The issuance of such a policy of insurance shall not be construed as relieving the Owner from responsibility for other or larger claims, for which he may be held responsible. 6.5 Interest on Overdue Accounts The Owner shall pay interest to the Town at the rate of 15 per cent per annum on all monies payable under this agreement which are not paid on the due dates, calculated from the due dates to the date of payment. 7. MISCELLANEOUS PROVISIONS 7.1 Benefit and Burden It is declared and agreed that this Agreement and the covenants, provisos, and conditions herein shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns of the property of the parties hereto. 7.2 Gender The word "Owner", or the words "he" or "his" where used in this agreement, in addition to their accepted meanings, shall mean and include an ind ividual, an associate, a partnership or an incorporated company. Wherever the singular is used herein, it shall be construed as including the plural, and wherever the masculine is used herein it shall be construed as including the feminine, and vise versa in all cases. .. ./5 .'. ... -;- . . ;'~. Page 9 v[ 13' Page 5 392720 7.3 Continued Obligation It is further expressly understood and agreed by all parties to this Agreement that any continued obligation or agreement of the "Town" pursuant to this Agreement, is cond it ional upon the Town being prev ious ly put in possession of an agreement, in a form acceptable to the Town's solicitors, whereby any subsequent owner expressly agrees to fully comply with, and be bound by, all of the provisions of this Agreement, and upon the Town being satisfied of the purchaser's ability to sat is fy the terms of the Ag reement and so sign i fy in writing. 7.4 Authority Notwithstanding anything hereinbefore set out, it is mutually understood and agreed by the Owner with the Town that this Agreement and all the terms and conditions hereof, with respect to any contractual or any other liability on the part of the said Town as herein set forth shall be cond it ion a 1 upon th e Town being legally permitted to enter into the arrangements, financially or otherwise, as herein set forth, and if at any time during the currency of this project it is found by any court of competent jurisdiction, or the Ontario Municipal Board, or the Ministry of Municipal Affairs, or any other government department that this Agreement and lor all its terms are void insofar as the Town is empowered to enter into this Agreement, then no obligation, liability or duty of any nature or kind whatsoever, whether in law or equity, shall be imposed upon the said Town to carry out any of the provisions of this Agreement. The Owner and The Town acknowledge that the supply of any Town services to the lands which may be undertaken or on behalf of the Town must first receive the approval, with respect to certain of the Town services herein referred to, of the Ministry of the Environment. Therefore, it is understood and agreed by the Owner that any contractual liability or any other liability on the part of the said Town as herein set forth is conditional upon the said Town receiving the approval and authorization of the aforementioned government bodies or any of them. No obligation, liability or duty of any nature or kind whatsoever, whether in law or in equity shall be imposed on the said Town to carry out its obligations under this Agreement, failing receipt of any such approval. In this event, the Town may cancel this agreement and return to the Owner any money it holds for or on behalf of the Owner after deducting therefrom all moneys, costs, payments and expenses spent, paid or incurred by the Town in carrying out this agreement or providing Town services to the Owner's lands, 7,5 Construction and Occupation The Owner and Town agree that the construction and occupation of this development similar to that shown on Schedule "B" attached hereto and herein called the "development" shall be completed within three years from the date of execution of this Agreement. Should the construction and occupation of this development not be completed within three years from the date of .. ./6 " ". ~ . . , .. . Page 10 of 13 Page 6 392720 execution of this Agreement then the Owner consents to an application which may be made by the Town to revert to the zoning which was in effect in 1982. The Owner further agrees not to object to any rezoning application made in accordance with the provisions of this Agreement. 7.6 No Waiver The failure of either the Town or the Owner to insist upon the strict performance of the terms and conditions hereof shall not constitute or be construed as a waiver or relinquishment of either parties' rights to thereafter enforce the same in accordance with this Agreement in the event of a continuing or subsequent default on the part of either party. 7.7 Severability It is mutually agreed that in the event that any clause or provision of this agreement or any part thereof shall be declared invalid, void or unenforceable by any Court having jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this agreement unless the result would be manifestly inequitable or unconscionable. 7.8 Assignment This Agreement is not assignable without the written permission of the Town. 7,9 Non-Performance It is agreed between the parties hereto that no party shall be held responsible for damages caused by delay or failure to perform its obligations hereunder when such delay or failure is due to fires, strikes, floods, acts of God, lawful acts of public authorities, or delays which cannot reasonably be foreseen or provided against. 7.10 Complete Agreement This Agreement when executed together with all Schedules attached hereto as provided for by this Agreement shall constitute the entire Agreement between both parties and this Agreement may not be amended, modified or terminated except in writing signed by the parties hereto. 7,11 Further Documents The parties shall execute and deliver all documents and perform all further actions that may be reasonably necessary under the provisions of this agreement. 7.12 Compliance with Law and Standard practices The Owner shall perform its obiigations hereunder in compliance with any and all applicable federal, provincial and local laws, rules and regulations, in accordance with sound engineering and safety practices, and in compliance with any and all reasonable rules of the Town relative to the Premises. .. ./7 . \.., -, :". ~. . ," '. Page 11 of 13 Page 7 392720 7,13 Indemnification of Municipality . The Owner, on behalf of itself, its successors and assigns in title, shall indemnify the Town against all actions, suits, causes of action, claims and demands whatsoever which may arise either directly or indirectly by reason of the Owner undertaking the construction of a fifty unit condominium development. IN WITNESS WHEREOF the Corporate seals of the Owner and the Municipality are hereunto affixed under the hands of their proper signing officers in that behalf. SIGNED, SEALED AND DELIVERED in the presence of &k~ .._~...-'/:::.#':...---- 392720 ONTARI(Y~I~;L'1:i:It ---""":. £)~ ~d-P: :~ 'Z~P ':;;'~';t:-- - : -.-: res h.....~ '"' '- - ~>~~.._;;.. 2 --~ '- -_ ý '"w ..::.., -. ò --------- - >- "'-- -----.~.~-~~~ ~~ THE CORPORATION OF THE TOWN OF KINCARDINE ~~~?~ MÐ~ -", - - :, . ".. "" - . . l Pa.q..e- 1.;< of '3 SCHEDULE "A" - -- SUBJECT LANDS THAT certain parcel or tract of land, situate and lying in the Town of Kincardine, County of Bruce, Province of Ontario being Parcel 16-1 Section south of Durham Street, Town of Kincardine, County Bruce and being in the Town of Kincardine, County of Bruce, Part of Lots 16 & 17, south side of Durham Street and all of Lots 16 & 17 and Part of Lot 18, north side of Lambton Street, Town of Kincardine and Part of Lots 2 & 3, Registered Plan No. 133, all of which are more particularly described as Parts 1 & 2 on Reference Plan 3R-3572 together with an easement described in # 192266 over Part Lots 18 & 19, north side of Lambton Street being Part 3 of Reference Plan 3R-3572. , .. ¿I. ?, ,,<r~ """ ,-. ", ... . . Page 13 of 13~ SCHEDULE "B" SITE PLAN The "site plan" shall be the plàn drawn by Don MacArthur Contracting Ltd. as amended by red line changes, referred to thereon as the "site plan" as indicated by the signature of the Clerk-Administrator for the Town of Kincardine, and on file in the clerk's office. . -~ , . ..:__~::t<-· . . 11./ , . FORM 16 Land Titles Act APPLICATION TO REGISTER NOTICE OF AN UNREGISTERED ESTATE, RIGHT, INTEREST OR EQUITY (Section 74 of the Act) To: The Land Registrar for the Land Titles Division of Bruce jI 3. The Corporation of the Town of Kincardine has an unregistered estate, right, interest or equity in: 1. The land registered in the name of 392720 Ontario Limited as Parcel 16-1 Section south of Durham Street, Town of Kincardine And hereby apply under section 74 of the Land Titles Act for the entry of a Notice of Development Agreement in the register for the said parcel. ~,"'~"'~:~ _~_·~u~· ," ,~~ ~- ~-.__..- ~: : ç--' ¡//~ Dated this 6th day of June, 1988. Kincardine, Ontario ~ . . ...... --"' .~" . . ..- etk-Adminiatrato ' The address of the applicant for service is: The Corporation of the Town of Kincardine 707 Queen Street Kincardine, Onto N2Z lZ9