Loading...
HomeMy WebLinkAboutKIN 87 084 Sp - Cottrill Condos . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW 1987-84 EXECUTION OF A SITE PLAN INCORPORATED CONCERNING AND PART OF THE FORMER ON REFERENCE PLAN 3R- A BY-LAW TO AUTHORIZE THE AGREEMENT WITH 634467 ONTARIO LOTS 4, 5 AND 6, PLAN 77, SAUGEEN STREET SHOWN AS PART 5 3930 IN THE TOWN OF KINCARDINE WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to enter into an agreement with 634467 Ontario Incorporated concerning the construction of a 30 unit condominium building on Lots 4, 5, and 6, Plan 77, and part of the former Saugeen Street shown as Part 5 on Reference Plan 3R-3930 in the Town of Kincardine; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. The mayor and clerk are hereby aùthorized to execute, on behalf of The Corporation of the Town of Kincardine, the attached agreement with 634467 Ontario Incorporated concerning the construction of a 30 unit condominium building on Lots 4, 5, and 6, Plan 77, and part of the former Saugeen Street shown as Part 5 on Reference Plan 3R- 3930 in the Town of Kincardine. 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 15th day of October, 1987. ~~ Mayor READ a THIRD time and FINALLY PASSED this 5th day of-~~~ember , 1987. ~ Mayor . ,.- - -~- ~prO\/jnC::fI of . Onlario Docúmeñt General '- 4 - ~ Re, ! b_ R.1oom Ac~ 1884 o 240595 .mw CERTIFtCATE Of RŒlSTMmM (1) RegIoIIy l?9 (3)P~ I~o) L_ T_ 0 (2) Pege 1 Of B pages Block P-'Y -- ~Ie 0 (4)_01_ Notice of Site Plan Agreement (5) Coo ,If. _ '87 IJŒ -3 A9 :43 BRUCE ~U ..IJ-J.1''t... NO.3, - . oftA g ....._ WALKIRTOI't ....N üe_ Not Applicable DoUanI $ (t) Déecrlplaft -: ~Ie 0 All and singular that certain parcel or tract of land and premises situate, lying and being in the Town of Kincardine, in the County of Bruce and being composed of Lots 4,5 and 6, Plan 77 and that part of the former Saugeen Street Town Plot now shown as Part 5 on Reference Plan 3R-3930,in the Town of Kincardine, in the County of Bruce ....- See Sc/1odUIe o (7)~ - Conten: (e) Redeocription New E-'" PlenlSkelch I' (b) Schedule for: Additional o i Description 0 Parties 0 Other [] (8)~_, ./11"-__: See Agreement attached as Schedule "1\" (Pages 2-B attached) '. Continued on Schedule 0 (')~__Io_-.beI(o) (10) Patly(1oo) (Set out Sfatus or I__t) Nome(a) THE CORPORATION OF THE ...... .... .,. ......... ........ ....... ........ ..~...... "' S~nmu~s) ....... . ~. "~':·~~:.~~;.~~~~\.~;:im~;~~L~D. :: . ~\ \ ~ ,i.... . i ¡ .. .. .. .. -' :... ... .'0"... i~'?.§7'IU.~ . :;:. :Cle'r-- I: ¡ . . . . . . . \~:;>·:~-~:~~t~~·: . i . . ·1' . . .T:q~~. 9.F: .~~~~A.~I?~~~........................ .... ......... .......... ..... ... .............. (11)Addreso tor_ 707 Queen Street, Kincardine, Ont. (12) Por\y(") (Set out Stolus or Interest) Name(a) "'.- . .6)4~~ 7. .q~r~~.I,q . :q'¡ÇP.~~9?A:r.E;I? . . . . . . . . . . . . . Stgnature(s) Date of Signature Y M D i : . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . .ll.H Llu. . . . r _ . t ¡ ¡ ... .......... ...... .... .......... .l1.1Q7.;U.... 5 Y ¡ ¡ , , , , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . , , : : , , , , , , , , .... ....... ......... ........ ....... ...... .... .... .... ... ...... ... ...... ... ...... ...... .... 13)- tor_ ~t:? (14) MunIcIpeIAddreso 01 ~ 20B Harbour Street Kincardine, Onto N2Z 2X9 (15) D Ptepond by: Ronald R. Shaw Clerk-Administrator 707 Queen Street Kincardine, Onto N2Z lZ9 , > -' Z Registration Fee o ~ :> w u, iL' IL o a: o IL Fees and Tax Total April. 1985 Newaome and Gilbert. Limited Form LF133S (1/85) , ,...~ - . . SCHEDULE "At! Page 2 of B THIS AGREEMENT made in triplicate this 5th day of November, 1987. BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- 634467 ONTARIO INCORPORATED hereinafter called the "Developer" 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 agreement; 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 pursuant to the provisions of Section s.o. 1983, Chapter 1, as amended; plan Control Area By-law 40 of The Planning Act, AND WHEREAS the covenants in this agrement are binding upon the Owner and when registered on title are binding upon all successors in title; AND WHEREAS the owner may enter into an agreement with the Town amending the terms of this agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH 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 acknowledged, 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 agrement in the Registry Office for the County of Bruce against the "subject lands·. , .....-"'. ~ Page 3 of B -2- 4. The Owner will at all times indemnify and save harmless the Town of and from all loss, costs and damages which 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 agreement 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 en~orce 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 i~dependent and severable and the striking down or invalidation of anyone or more of the clauses does not invalidate all or any of the remaining clauses. 7. Nothing in this agreement shall relieve the Owner from complying with all applicable municipal requirements. 8. The Owner 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 - 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 "CO 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 .~ Page 4 of B -3- . until such certificate of compliance has been issued, in the event that the prescribed time period has lapsed, the Town has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". 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 project. 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 "CO (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 applièd to the original development. 15. The Owner and other of garbage completely Town. agrees that all vaults, container, collection bins facilities which may be required for the storage and other waste material shall be kept within a enclosed building in a location acceptable to the 16. The Owner agrees that at this sole expense, all parking 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 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 19. Definitions for terms which may be used in this agreement shall be as follows: i) "Build ing Area" shall mean the only area upon wh ich 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 shall not include parking areas, traffic aisles, driveways and ramps. iii) "Parking Area" shall mean the areas other than a street to be used for the parking of motor vehicles 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 . '..¡-,-_'~"f-: .....-- . . Page 5 of B -4- incidental to the parking of vehicles, and may be in the garage of a building. 20. The Town's Planning & Development Committee at its sole discretion may agree to minor variations to provisions of this agreement, and such minor variations shall not constitute 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 TOWN OF KIN ARDINE : '';.: ) ) ) ) ) ) ) ) ) .- . -~:....~--.:.~. ~..... .1/..:.__ . ....~ .. :-", ........:::..<.:..: .:."~ ~.<~-~--. --..- -: :::::::; ~J , '- '- , -~ ....,.' _ A - . Secretary - - "' --.- ".,;- -'/,- ,. . "--- "",;*,.",....... . . Page 6 of 8 SCHEDULE "A" Lots 4, 5 & 6, Plan 77 and that part of the former Saugeen Street Town Plot now shown as Part 5 on Reference Plan 3R-3930, all in the Town of Kincardine, in the County of Bruce. ... .... _~.: ;.,. ,t ,.,.r""'" .. . . Page 7 of 8 SCHEDULE "B" APPROVED SITE PLAN The "approved site plan" shall be the plan drawn by Hunchik and Davidson as amended by red line changes referred to thereon as the "approved site plana as indicated by the signature of the clerk-administrator for the Town of Kincardine and the initials of all signators of this agreement and on file in the Town of Kincardine clerk-administrator's office. ,. . .. ~,:;i~' ~"- . . . , Page B of 8 SCHEDULE ·C· SITE DEVELOPMENT REQUIREMENTS 1. The Owner agrees required pursuant 1989, that the completion date for all work to this Agreement shall be December 31, 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 installed in such a from adjacent streets intensity so as to properties. any floodlighting of the land shall be manner so as to deflect the light away and properties or so controlled in prevent glare on adjacent streets and 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 or engineer in this regard, acting reasonably. 5. The Owner agrees that any internal necessary for and designated as a fire designed so as to carry the weight fighting equipment. driveways which are route shall be so of the Town's fire 6. The Owner agrees to provide all landscaping as shown on the ·approved site plan·. 7. The Owner agrees to appropriately and properly finish to the requirements and satisfaction of the Town's engineer 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: (a) 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¡ (b) 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 engineer; and (c) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 8. 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.