HomeMy WebLinkAboutKIN 88 023 Dev Agree-392720 Ont
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW 1988-23
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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.
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READ a THIRD time and FINALLY PASSED this 7th
1988.
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Mayor
day o~ April
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Document General
Fonn 4 - Und Reglslr8tlon Reform Act, 1884
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21073
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CERTIFICATE OF RECEIPT
'88 .JUN 24 ~,~f) :03
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Notice of Development Agreement
(5) on.ldnJtlon
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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
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Continued on Schedule D
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Sig ". Date of SignatulB
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707 Queen Street, Kincardine, Onto N2Z lZ9
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Princes Street
Kincardine, Onto
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(15) "-'PI...I "'-" by:
Ronald R. Shaw
Clerk-Administrator
Town of Kincardine
707 Queen Street
Kincardine,Ont.
N2Z lZ9
Feea and Tax
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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]
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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]
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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
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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.
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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.
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392720
5. ADMINISTRATION
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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.
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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.
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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.
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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
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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.
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392720
7,13 Indemnification of Municipality
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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
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392720 ONTARI(Y~I~;L'1:i:It ---""":.
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THE CORPORATION OF THE
TOWN OF KINCARDINE
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SCHEDULE "A"
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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.
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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.
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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.
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Dated this 6th day of June, 1988.
Kincardine, Ontario
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etk-Adminiatrato '
The address of the applicant for service is:
The Corporation of the Town of Kincardine
707 Queen Street
Kincardine, Onto
N2Z lZ9