HomeMy WebLinkAboutKIN 87 084 Sp - Cottrill Condos
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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.
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Mayor
READ a THIRD time and FINALLY PASSED this 5th day of-~~~ember ,
1987.
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Notice of
Site Plan Agreement
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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
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Conten:
(e) Redeocription
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PlenlSkelch
I' (b) Schedule for:
Additional
o i Description 0 Parties 0 Other []
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See Agreement attached as Schedule "1\"
(Pages 2-B attached)
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Continued on Schedule 0
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Nome(a)
THE CORPORATION OF THE
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(11)Addreso
tor_ 707 Queen Street, Kincardine, Ont.
(12) Por\y(") (Set out Stolus or Interest)
Name(a)
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Stgnature(s) Date of Signature
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(14) MunIcIpeIAddreso 01 ~
20B Harbour Street
Kincardine, Onto
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(15) D Ptepond by:
Ronald R. Shaw
Clerk-Administrator
707 Queen Street
Kincardine, Onto
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April. 1985
Newaome and Gilbert. Limited
Form LF133S (1/85)
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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·.
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Page 3 of B
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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".
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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.
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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
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Page 4 of B
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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.
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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
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Page 5 of B
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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
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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.
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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.
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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.