HomeMy WebLinkAboutKIN 88 022 Sp-392720 Ontrio Ltd
~".-
.
.
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW 1988-22
A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN
AGREEMENT WITH 392120 ONTARIO LIMITED CONCERNING PART
OF LOTS 16 AND 11. SOUTH SIDE OF DURHAM STREET. ALL OF
LOTS 16 AND 11 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
RORE 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 an 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 agreement with 392720 Ontario Limited concerning
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 IB, north side of Lambton Street, Townplot 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.
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, 19B8.
~~~
. Màjõ- ~.. - - - C~.'k
READ a THIRD time and FINALLY PASSED his
19BB.
7th day ot" April
-
-
Mayor
_~rk _
-. # -.';'~, ~...,:. -:
--
-
\
l¡ ~
~ Province
01
.. Onlario
Document General
Fonn 4 - a..nd fleg_ 11_ Act, 1184
o
,
,
.
~
21072
Nl1mber ..............................................
CERTIFICATE OF RECEIPT
'88 JUri 24 0.10 :03
~..,(J.J¡Þ
;and - ,11 -.
¡¡:
IL'
o
~
New Property ldenti~
Addltionat
tr..w.. 0
.-
Additional;
See
Sct-...
(I) ThIo DocumonI ......- . 1111_:
(1) lIogIIIry lXJ
( P~
.....IIIIIef(.)
~ 1'*0 0 (2) Page 1 of 9 pages
Block
Property
Additional:
~hedUIe 0
(4)N_ 01 D__
Notice of Site Plan Agreement
(5)Coo Id,-'.
o
Not Applicable Dollars $
( D..crl@tlon
Parcel 16-1 Section south of Durham Street, Town of
Kincardine, County Bruce and being in 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 and 3, Registered Plan No. 133, .~J} of
which are more particularly described as Part l~on Ref.
Plan3R-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) Redescription (b) Schedule for:
Document New Easement Additional
eon-. PlanlSketch 0 Description 0 Parties 0 Other
See Site Plan Agreement attached as Pages 2 to 9.
(I) nil 0_ ........ to ..._ numbat(.)
(10) PartJ(Ies) (Set out Status or 1"-)
. Name(s)
THE CORPORATION
. ...... ,.. ............ ...... '"
OF KINCARDINE
................... ... ........
Continued on Schedule D'
..-
. -
Date of Signature
..r:--". Y , M D
. - -.~. 11988106106
. /'" ._.,..., -'';'' '..,;" '..:..... .. '1'"
Ro . a.w~1 r:-1<-'! i!
~ -;::,,- . . .-- ,"'::- ¡ ¡
'. .. . .... ...' .. .~...-. . ._....~ .' ..... " 'f' . .
..... .......... .><~:~-:.;::~~<. ·1····· ¡.. .1...
· .,
· .,
· .,
· .,
· .,
--
....... .........,. ......... .....,.......,....
(11) __
lor SenIce
707 Queen Street, Kincardine, Onto N2Z lZ9
(12) Partrlles) (Set out Status or In_)
Name{.)
Signature(s)
i
Date of Signature
y lot 0
·
·
·
· .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . L . . , , . ~ . . . . . .
· .
· .
· .
· .
: :
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . r . . . . . .
· .
: :
· .
· .
· .
.. ....... .....-..., ...... ....... ....... .........
· .
: I
· .
· .
: I
392720 Ontario Limited
..,......................................... .
.,......................................... ..
......,.....,..... .........................
(13)__
IorSenlce R.R. # 5, Kincardine, Ont. N2Z 2X6
(14) Municipal Add...... 01 property (15) 0_ PrepanId by:
Princes Street
Kincardine, Onto
- ~ "'''''--- .,~,._..
F_ and Tax
Ronald R. Shaw
Clerk-Administrator
Town of Kincardine
707 Queen Street
Kincardine, Onto
N2Z lZ9
~
Z Registration Fee
o
IU
'"
::>
IU
o·
It
o
a:
~
ólOðD
otoOO
Total
Aoril.198S
.
.
..~
." :!..
Page 2 of 9
.
~! -.,I.
THIS AGREEMENT made in triplicate this 7th day of 11arch, 19B8.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
392720 ONTARIO LIMITED
hereinafter called the "Owner"
of the Second part.
SITE PLAN AGREEMENT
WHEREAS the Owner represents that he is the registered owner of
those lands in the Town of Kincardine, County of Bruce, described
in Schedule "A" attached hereto and forming part of this
ag reemen t ;
AND WHEREAS the parties hereto agree that the lands affected by
this agreement are as set out in Schedule "A" attached hereto;
AND WHEREAS the Town has enacted a Site Plan Control Area By-law
pursuant to the provisions of Section 40 of The Planning Act,
S.O., 1983, Chapter 1, as amended.
AND WHEREAS the covenan ts in th is ag reemen tare bind i ng upon the
Owner and when registered on title are binding upon all
successors in title;
AND WHEREAS the owner in title may enter into an agreement with
the Town amending the terms of this agreement;
NOW THEREFORE THIS AGREEMENT W1TNESSETH THAT in consideration of
the approval of the plans for the development on subject parcel
of land by the Town and the sum of ONE ($1.00) DOLLAR, the
receipt of which is hereby admitted, the Owner for himself and
for all successors in title, HEREBY AGREES with the Town as
follows:
PART A - GENERAL PROVISIONS
1. The parties to this agreement hereby agree that the Owner as
herein stated is the registered owner of those lands
described in Schedule "A" to this agreement and the lands
affected by this agreement are as described in Schedule "A"
to this agreement, hereinafter called the "subject lands".
2.
The Owner for himself and all successors in title hereby
releases the Town, its 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 and shall indemnify the Town in respect of any
loss or damage to any person or property entering the
"subject lands" under the terms of this agreement.
..
3. The Owner agrees to allow the Town at its sole expense and
in its sole discretion to register or deposit this agreement
in the Registry Office for the County of Bruce against the
"subject lands."
.. ./2
"~"",,",,,
,
Page 3 of 9
'.
Page 2
4.
The Owner will at all times indemnify and save harmless the
Town from all loss, costs and damag es wh ich the Town may
suffer, be at or be put to, for or by reason of, or on
account of the construction, maintenance or existence of
pavements, curbs, plantings and other improvements upon the
untravelled portions of road allowances where the same are
required by this ag reement to be provided by or at the
expense of the Owner and such indemnity shall constitute a
first lien and charge upon the "subject lands".
.
5. The 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 and every
term, covenant and condition herein contained and this
agreement may be pleaded as an estoppel against the Owner in
any such proceedings.
6. 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 any of the remainin~
clauses.
7. Nothing in this agreement shall relieve the Owner from
complying with all applicable municipal requirements.
B. The Owner hereby grants to the Town, its servants, agents,
and contractors a license to enter the "subject lands' for
the purpose of inspect ion of the works and the "subject
iands' or for any other purpose pursuant to the rights of
the Town under this agreement.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
9. The Owner agrees to undertake development on the "subject
lands", at his sole expense, in conformity with the site
plan as detailed in Schedule "B" attached hereto, which
shall hereinafter be referred to as the "approved site
plan".
10. The Owner agrees to provide, install or otherwise abide by,
at his sole expense, 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 Town shall issue a certificate of
compliance.
b)
"Certificate of Compliance" shall mean a statement of
the Town as to the substantial completion of the works,
matters and facilities required by this agreement and
shall not be deemed to certify compliance with any
other municipal requirements, regulations, or by-laws,
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 enforce any
other of the Town's requirements, regulations or by-
laws which relate to the subject lands.
.
12. The Owner hereby acknowledges that failure to complete all
required works within the specified time period shall mean a
certificate of compliance will not be issued until such work
necessary to complete the development is done, and that
until such certificate of compliance has been issued, in the
event that the prescr ibed time pe riod has lapsed, the Town
has the right to refuse issuance of any permit necessary to
carry out any additional work on the "subject lands."
.. ./3
,.
.. ""~
" ..
Page 4 of 9
Page 3
.
13. All maintenance and repair of facilities and matters
required by this agreement shall be done by the Owner from
time to time at his sole risk and expense and the Owner
agrees the "subject lands" will 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 with the
provisions of SChedule "B" (approved site plan) and Schedule
"c" (site development requirements), and all other
requirements pursuant to this agreement, 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, container, collection bins
and other facilities which may be required for the storage
of garbage and other waste material shall be kept within a
completely enclosed building or a completely enclosed
container in the location as shown on Schedule "B".
16. The Owner agrees that, at his sole expense, all parki"ng
areas provided on the ·subject lands· shall be reasonably in
all circumstances, maintained clear of snow so as not to
prohibit or block or in any way 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 or where melt water would adversely affect an
abutting property.
17. The Owner agrees to maintain at his sole expense and in good
repair to standards acceptable to the Town all landscaped
open space, private driveways and complementary facilities,
and private approach sidewalks which are located on
untravelled portions of Town owned road allowances abutting
the subject lands.
PART C - OTHER PROVISIONS
18. De fin it ions for terms wh ich may be used in th is ag reement
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.
i i) "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 shall not include parking
areas, traffic aisles, driveways and ramps.
.
ii~ "parking Area" shall mean the areas of open space other
than a street to be used for the parking of motor
veh icles and access ramps and driveways to areas used
for the parking of motor vehicles which shall be clear
of buildings and structures except those accessory to
the operation of the parking area, and which shall be
available and maintained for the parking of motor
vehicles including manoeuvering aisles and other space
necessarily incidental to the parking of vehicles.
iv) "Natural Open Space" shall mean the areas of open space
which are to remain in a natural state with a minimum
amount of maintenance, but shall not include areas of
.. ./4
,. Page 5 of 9
. "'
,
Page 4
.
outside storage, parking areas, traffic aisles,
driveways or ramps, or Building Area. Natural Open
Space areas shall be subject to the requirements of the
Maintenance and Occupancy (property Standards) By-law
as amended from time to time for the Town and shall be
kept clear of all weeds and natural growth which is
prohibited by other Town by-laws. Areas of Natural
Open Space may include areas of Landscaped Open Space.
19.
The Town's clerk-administrator may agree in writing to
minor variations to provisions of this agreement, and
such minor variations shall not consititute an
amendment to this agreement.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their
corporate seals attested to by the hands of their proper officers
in that behalf fully authorized.
THE CORPORATION OF THE TO\~N "
OF KINCARDINE
.' .
~~~--~----
ayor ~='
-
-
---~.;.-~,;..~...
.-.;.;;.,:;.-'" ...:.
.- . '."-
....'. '."",
p-",-
rk
~~
}
}
}
}
)
)
}
)
)
)
..-'".......¿-'-
392720 ONTARIO LIHITED -<' .'.' -:~:;,----
"../ .. _.~w.............
(") ~ - -<-~ ----~ ': -----.. ,
"2' ...--/~ ~ ~ = '. ::c,_
President ".-=: '" '..
:::..-:¡;:.:. .:;.. ......
.. ~~
-=--~·w -
":--_ J ?,-...--':......---
-- .... ~' /;;-:;-
~...-_./~':_--:=:::-/,_.
.
p~ 10 ~ ~
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 I6 & 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.
.
.
.
,
, .
.
Page 7 of 9
..
~
SCHEDULE "B"
APPROVED SITE PLAN
The "approved site plan" shall be the plan drawn by Don MacArthur
Contracting Ltd. as amended by red line changes, referred to
thereon as the "approved site plan" as indicated by the signature
of the Clerk Administrator for the Town of Kincardine, and on
file in the Clerk Administrator's office.
"
t,.
-'
Page 8 of 9
~
~
,
.'
SCHEDULE "c"
SITE DEVELOPMENT REQUIREMENTS
1.
The Owner agrees that the completion date for all work
required pursuant to this agreement shall be December 31,
1989.
.
2.
The Owner agrees to prepare a grading and a drainage plan
acceptable to the Town's Engineer and all surface and roof
drainage shall be controlled in accordance with the approved
plans in a manner 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 away
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 installed and
measures taken to prevent unreasonable erosion of soil from
the site by wind or water, and the Owner agrees to abide by
any request of the Town's Chief Building Official ör
Engineer in this regard, acting reasonably.
5. The Owner agrees to install temporary fencing or otherwise
adequately protect all trees, shrubs and other vegetation
which are to be retained, and such fencing shall be located
no closer to any trees than the drip line of such trees, and
the Owner agrees to abide by the requirements of the Town's
Maintenance Supervisor in this regard, acting reasonably.
6. The Owner agrees that any internal driveways which are
necessary for and designated as a fire route shall be so
designed so as to carry the weight of the Town's Fire
Fighting equipment.
7. The Owner agrees to provide all landscaping as 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
sidewalk ramps of proper gradient and surfacing.
9. The Owner agrees to appropriately and properly finish all
lands lying between the "subject lands" and any and all
abutting streets, which, without limiting the generality of
the foregoing shall include the fOllowing:
.
i) landscaping of lands lying between the street line and
property line not to be used for vehicular or
pedestrian entrances with topsoil and sod/seed.
ii) installation of driveways of proper width and grade
from the street line to the property line with asphalt,
concrete or other hard surfacing acceptable to the
Town's Eng ineer.
iii) removal of existing driveways which are not to be used
with replacement by appropriate landscaping as detailed
above.
10. The Owner agrees that all parking areas and driveways shall
be surfaced with asphalt or cement, and all parking stalls
shall be visually identified by line painting.
" -
.
.
..v: "- ,.¡¡
Page 9 of 9
. .
..... ~ ~...
,
2
11. The Owner agrees to obtain a building permit within twelve
(12) months from the date of this agreement, and all work
required pursuant to this agreement shall be completed
within eighteen months from the date of issuance of the
building permit. Failure to obtain a building permit within
the prescribed time period shall mean this agreement is null
and void.
12. The Owner undertakes to provide, upon request of the Town's
Engineer, acting reasonably, such easements as the Town may
require for the construction, improvement or maintenance of
watercourses, ditches, land drainage works and sanitary
sewerage facilities.
"