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Home My WebLink About01 033 sp 791 Durham BestWester 'e e e e TIlE CORPORATION OF TIlE MUNICIPALITY OF KINCARDINE AMENDED/REPCAl.ED BY BYlAW NO. ;)eOI- o'/P DATFn J4ø.ý " ,7.001 I BY-LAW NO. 2001 - 33 A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH 1091711 ONTARIO LTD. WHEREAS the Council for The Corporation of the Municipality of Kincardine deems it advisable to enter into a Site Plan Agreement with 1091711 Ontario Ltd.; AND WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Section 41, authorizes municipalities to enter into Site Plan Agreements; NOW THEREFORE the Council for the Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into a Site Plan Agreement with 1091711 Ontario Ltd.to ensure appropriate development of those lands known municipally as 791 Durham Street, Kincardine and described as Part Block K, Plan M-33, Town of Kincardine (now Municipality of Kincardine), County of Bruce, being Parts 1, 2, 3, 4, 5 and 6, Plan 3R-2969 and Parts 1, 2, 3, 4, 5 and 6, Plan 3R-3527, said lands being more particularly described in Schedule "An of the attached Site Plan Agreement. That the Mayor and Chief Administrative Officer be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine the agreement with 1091711 Ontario Ltd. which is attaå1ed to this By-law and to affix the corporate seal as and when required. 2. 3. This By-law shall come into full force and effect upon its final passage. 4. This By-law may be cited as the "1091711 Ontario Ltd. Best Westem Governor's Inn Site Plan Agreement By-law." READ a FIRST, SECOND and a THIRD time and DEEMED TO BE PASSED this 11th day of April, 2001. .'.~ / _.....- L Clerk - - ~~i:: L rOQ7S·ff Document General DoProcess_Lld. . (416)322-6111 _4 Loftd 1__Ad 06652: (1) Registry 0 lAnd TIlles 00 12) Page 1 01 13 pages Block property (31=:r(5) ..... ,. ._...'-,~ AddMlanol: 0 S.. Schedule . (4) N8ture of Document e~RTtFICAT! OF flEOEJPT Site Plan Agreement - S.41(10) Planning Act . 8RUCE (3) WALKERTON (I)Con___ NONE '01 JUN 11 PM 3 ~O ~ DoUars $ (II DescrIpUon FIRSTLY: Parcel K-l, Section M-33, being Part of Block K, Plan M-33, Town of Kincardine (now Municipality of Kincardine), County of Bruce being Parts 1, 2, 3, 4, 5 & 6 on Reference Plan 3R-2969 being more particularly described on Schedule attached as page 2. New property .--.. SECONDLY: Parcel K-2, Section M-33, being Part of Block K, Plan M-33, Town of Kincardine (now Municipality of Kincardine), County of _: Bruce being Parts 1, 2, 3, 4, 5, & 6 on Reference Plan 3R-3527 being tr....... 0 more particularly described on Schedule attached as page 2:. -: =...... 0 (71 ThIs Document Contain.: (.)RecIesc:I1IIoo, New E8semenI PlanlSketch ¡ (b) Schedule lor. , Additional o ¡ Desc:rIpIIon 00 Parties 0 Olher 00 (8) ThIs DcÍcumenl provides as follows: + Agreement attached hereto as pages 4-13. , Continued on Schedule 00 (8) 'ibis ~ .....10 ........- .....-c.) (101 Pwty"" (Set aut Status or 1_) Name(S) i S9>abn(.) Date of Slanal"," ~ y . p;¡ .0 · j: ! ! ¡ .-..........-.-......--..-.........................-.-......-....-..T·......··..··,..····r...·· · i: Iii ~......._...._. .._.....................~. -..···-·..·-···..·-r..···········-¡-······i······· f1'r-. . I' . _ ._ _........ .\..!..~.~........_......._ ...........+....~!)9.LI..g:¡J..U : i :: i :: T~TlOKO.El:RE......................_....._.................... MJlID!ID'AL1T..Y...Qf.K!~@!!'!f;......................................_. þ.xitLStlù;itllr..!ìJ:&bam.E..Mù.o.QIl.......__............................. c/o 313 LambtoD Street. Kincardine, Ontario N2Z 2Y8 (121 Par1y(1es1 (Set aut Status or I-> Name(s) ~8) Date 01 Signature · Y . M . D i :: ...........__._._......._.........__........._....................__..........l...............l.......l....... i :: Iff -.-....-....-.-....-............-...............-............-....·..r·········..·-¡-..·..-¡--·... ..-.....-...............--.....-.-....-.......-................--_............¡.......-.......¡.......¡........ ¡ :: i :: l!l2111~.D.I'nAmJJ..LJMlT.ElL_...._.........._......._........_.......... (01mcQ...__..................................._...._...................._................_._._. ---.-.--............................-.-.-......--......................................-.--.. 791 Durham Street, Kincardine, Ontario N2Z lM4 (11) Document Prep8red by: F....nd Tax R..,.....ao., Fee 791 Oumam Street Kim:ardiDe, Ontario N2Z lM4 MAHOOD & DARCY 313 Lambton Street KiDcardine, Ontario N2Z 2Y8 JJ :.u º :.L ... Totat 00aInenI...... Ullna nt. eo....... . . . e \... ~ Page 2 of 13 SCHEDULE 1091711 Ontario Ltd. Site Plan Agreement flrs~v: Parcel K-1, Section M-33, being Part of Block K. Plan M-33, Town of Kincardine, County of Bruce, being Parts 1, 2, 3, 4, 5 & 6, on Reference Plan 3R-2969. SUBJECT TO AN EASEMENT in favour of the Hydro-Electric Power Commission of Ontario over parts of Block K, Plan M-33, Town of Kincardine, County of Bruce, being Parts 4, 5 and 6 on Reference Plan 3R-2969, formerly parts of Parts 25, 24 and 23 respectively, on Reference Plan 3R-1376, according to the terms and conditions of said Easement registered as Instrument No. 14041. AND SUBJECT TO AN EASEMENT In favour of The Bell Telephone Company of Canada over part of said Block K. Plan M-33, Town of Kincardine, County of Bruce, being Part 5 on Reference Plan 3R-2969, formerly part of Part 24 on Reference Plan 3R-1376, according to the terms and conditions of said Easement regIstered as Instrument No. 52387. . AND SUBJECT TO EASEMENTS In favour of the Corporation of the Town of Kincardine over parts of said Block K. Plan M-33, Town of Kincardine, County of Bruce, being Parts 1, 3, 4, 5 and 8 on said Reference Plan 3R-2969, according to the terms and conditions of said Easement registered as Instrument No. 10169. SUBJECT TO A RIGHT-OF-WAY over part of said Block K, Plan M-33, being the said Part 1 on Reference Plan 3R-2969 for the benefit of the owners from time to time of the remainder of said Block K and all of Block B, Pian M-33, Town of Kincardine, County of Bruce, their employees, suppliers and customers for vehicular and pedestrian traffic over, along and upon the said right-of-way all as set out In Transfer No. 10171. SecondJï:. Parcel K-2, Sectlon"M-33, being Part of Block K. Plan M-33, Town of Kincardine, County of Bruce, being Parts 1, 2, 3, 4, 5 & 6, on Reference Plan 3R-3527, SUBJECT TO AN EASEMENT In favour of The Hydro Electric Power Commission of Ontario over parts of Block K, Plan M-33, Town of Kincardine, County of Bruce, now being Parts 6, 5 and 4 on Reference Plan 3R-3527, according to the terms and conditions of said Easement registered as Instrument No. 14041 for the Town of Kincardine under the Registry Act. SUBJECT TO AN EASEMENT .in.favour of The Bell Telephone Company of Canada over part of said Block K.. Plan M-33, Town of Kincardine, County of Bruce, 'being Part 5 on Reference. Plan3R-3527, according to the terms and conditions of said Easement' registered 8S Instrument No. 62387, under the Registry Act. . AND SUBJECT TO AN EASEMENT In favour of The Corporation of the Town of KIncardine, over parts of said Block K, Plan M-33, Town of Kincardine, County of Bruce, now being Parts 3, 4,5 and 6 on Reference Plan 3R-3527, according to the terms and conditions of said Easement registered as Instrument No. 10169. AND SUBJECT TO AN EASEMENT in favour of The Corporation of the Town of Kincardine, over part of said Block K, Plan M-33, Town of Kincardine, County of Bruce, being Part 1 on Reference Plan 3R-3527, according to the tenns and conditions of said Easement registered as Instrument No. 13973. TOGETHER with a right-of-way over part of said Block OK", Plan M-33, Town of Kincardine, County of Bruce, being Part 1 on Reference Plan 3R-2969, according to the terms and conditions of Instrument No. 10171. . ../2 . . . I - Page 3 of 13 SCHEDULE 1091711 Ontario Ud. Site Plan Agreement Page 2 TOGETHER WITH AN EASEMENT In favour of the Transferees in Instrument No. 13974 over part of said Block K, Plan M-33, Town of Kincardine, County of Bruce, being Part 7, on said Referance Plan 3R-3527, at any time to enter upon the said lands for the purpose of laying down and constructing sanitary sewers and related appurtenances incidental thereto In, under, along and upon the said lands and of keeping, maintaining and/or replacing the same at all times In good condition and repair and connecting Into the same, and for every such purpose the Transferees shall have access to the said land at all times by their servants, employees, workmen, agents and contractors. The Transferees shall restore the said land to Its former state after construction or repairs. Provided however, that the Transferees shall construct and repair such sewers and related appurtenal'!ces In such a manner as to allow the Transferor and subsequent owners of a right of Ingress and egress at all times and the Transferee shall restore the said land to Its former state after such construction and repairs as set out in Instrument No. 13974. SUBJECT TO a right-of-way over part of said Block "K", Plan M-33, Town of Kincardine, County of Bruce, being Part 1 on Reference Plan 3R-3527, for the benefit of the owners from time to time of the remainder of said Block -K", and of Block IrB-, Plan M-33, Town of Kincardine, their employees, suppliers and customers for the vehicular and pedestrian traffic over, along and upon the said right-of-way, as set out In Instrument No. 13974. TOGETHER with a right-of-way over part of said Block B, Plan M-33, Town of Kincardine, County of Bruce, being Part 2 on Reference Plan 3R-3263,. according to the tarms and conditions of Instrument No. 11750. 4 '. .' SITE PLAN AGREEMENT . This AGREEMENT made this , ~.w, ":Tit. day of ~LJ BElWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ,2001 . hereinafter called the "Municipality" of the First Part, -and- 1091711 ONTARIO LIMITED hereinafter called the "Owner" of the Second Part. . WHEREAS the Owner represents that it is the registered owner of those lands in the Municipality 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; >'d4f) '(JI-iE~EA8 tl..:, MI.I";";oICllily I,ab ..IIC!lCted c!I Oite rltd. Control Area By Lfr¡¡~ '....UIi)UCllIl tv LI.é IJIUy;,,;OII& of Gect;ol. 41 of tI.ð rlallllÏl.g Act, R.O.O., 199B, &.r. \ 13, 8S 81'fte1'lEleEl. - .. AND WHEREAS the covenants, agreements, conditions and understandings herein contained on the part of the Owner and the Party of the Third Part, if any, shall run with the land and shall enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns, as the case may be, and shall be appurtenant to the adjoining highways in the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality 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 Municipality 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 hereby releases the Municipality, 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. 3. The Owner agrees to allow the Municipality 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 landsn. " .. .2 '. 5 '. Page 2 Site Plan Agreement 1091711 Ontario Limited . 4. The Owner will at all times indemnify and save harmless the Municipality on a solicitor and client basis from all loss, costs and damages which the Municipality may suffer, be at or be put to, for or by reason of the execution of this agreement. The Party of the Third Part joins herein to consent hereto and to bind its interest in the lands hereto. 5. 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 remaining clauses. 6. Nothing in this agreement shall relieve the Owner from complying with all applicable municipal requirements. 7. The Owner hereby grants to the Municipality, its servants, agents and contractors a license to enter the "subject lands" for the purpose of inspection of the works and the "subject landsn or for any other purpose pursuant to the rights of the Municipality under this agreement. . PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 8. The Owner agrees to undertake development on the "subject landsn, at its sole expense, in conformity with the site plan as detailed in Schedule "Bn attached hereto, which shall hereinafter be referred to as the "approved site plann. 9. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule ·C" attached hereto. 10. a) Upon completion of the development of the ·subject lands" in conformity with the provisions of this agreement, the Municipality shall issue a certificate of compliance. b) "Certificate of compliancen shall mean a statement of the Municipality 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 Municipality shall not be stopped 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 Municipality's requirements, regulations or by-laws which relate to the subject lands. ., 11. 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 prescribed time period has lapsed, the Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". 12. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at their sole risk and expense and the Owner agrees the "subject lands" will not impede or . prohibit performance of the maintenance provided for in this agreement. ...3 . . . e. ". 6 Page 3 Site Plan Agreement 1091711 Ontario Ltd. 13. The Owner agrees to maintain in good repair and at its 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. 14. The Owner agrees that all vaults, containers, 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 "Bn. 15. The Owner agrees that, at its 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 useable parking spaces below the minimum number of spaces required by the Municipality'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. 16. The Owner agrees to maintain at its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untraveled portions of Municipality-owned road allowances abutting the subject lands. 17. The Owner agrees that all facilities and matters required by this Agreement shall be provided and maintained at its sole risk and expense and to the satisfaction of the Municipality and that in default thereof and in the sole discretion of the Municipality, the Municipality may perform such requirements at the expense of the Owner and such expense may be recovered by the Municipality in like manner as municipal taxes within the meaning of Section 326 of the Municipal Act, R.S.O., 1990, c.M. 45, as amended. 18. The Owner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbings and traffic direction signs; b) to dedicate to the Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properly executed documents in a form that can be registered, to the Municipality in order to cornplete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; c) to, where required by Municipal resolution, dedicate to the Municipal widening of highways that abut on the land described in Schedule "A· attached hereto, free and clear of all encumbrances. ...4 L . .' . . .. 7 Page 4 Site Plan Agreement 1091711 Ontario Ltd. PART C - DEFINITIONS 19. In this Agreement and the Schedules attached hereto: i) "Building Area" shall mean the only area upon which the erection and use of buildings and structures shall be permitted. ii) "Landscaped Open Spacen shall mean the areas of open space comprised of lawn and omamental 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 of open space 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 rnotor 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 maneuvering 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 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 Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. IN WITNESS WHEREOF the Municipality has hereto affIXed its corporate seal attested by the hand of its Mayor and Chief Administrative Officer this l , ¿Ju/./~..tJI/ day of .Ç}lt::f~ 200-1-. Th~par1ies have hereunto set their hands and seals this Æ "" day of .QA,o .LJ , 200L. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ief Administrative John deRosenroll _.'......:¿j'J~ ..,!.;..:>% '0 ,-:.:::..-..¥_~. ::~~~~:~ .... ..... /- .-.... - .>'0.... - " ::: ~...::~ :.""-- ~ ..-,,>,) .' 0\', .....-. ,-:.,. ',I,' f' ,~ .';... '- ." ..'C'"..~\.,~ ;'/ :;//..///./:..:..'Þ"':" . e¡ . . . ,. 8 SCHEDULE "A" 1091711 Ontario Ltd. Site Plan Agreement . Firstlv: Parcel K-1, Section M-33, being Part of Block K, Plan M-33, Town of Kincardine, County of Bruce, being Parts 1, 2, 3, 4, 5 & 6, on Reference Plan 3R-2969. SUBJECT TO AN EASEMENT in favour of the Hydro-Electric Power Commission of Ontario over parts of Block K, Plan M-33, Town of Kincardine, County of Bruce, being Parts 4, 5 and 6 on Reference Plan 3R-2969, formerly parts of Parts 25, 24 and 23 respectively, on Reference Plan 3R-1376, according to the terms and conditions of said Easement registered as Instrument No. 14041. AND SUBJECT TO AN EASEMENT in favour of The Bell Telephone Company of Canada over part of said Block K, Plan M-33, Town of Kincardine, County of Bruce, being Part 5 on Reference Plan 3R-2969, formerly part of Part 24 on Reference Plan 3R-1376, according to the terms and conditions of said Easement registered as Instrument No. 52387. AND SUBJECT TO EASEMENTS in favour of the Corporation of the Town of Kincardine over parts of said Block K, Plan M-33, Town of Kincardine, County of Bruce, being Parts 1, 3, 4, 5 and 6 on said Reference Plan 3R-2969, according to the terms and conditions of said Easement registered as Instrument No. 10169. SUBJECT TO A RIGHT-OF-WAY over part of said Block K, Plan M-33, being the said Part 1 on Reference Plan 3R-2969 for the benefit of the owners from time to time of the remainder of said Block K and all of Block B, Plan M-33 , Town of Kincardine, County of Bruce, their employees, suppliers and customers for vehicular and pedestrian traffic over, along and upon the said right-of-way all as set out in Transfer No. 10171. Second Iv: Parcel K-2, Section M-33, being Part of Block K, Plan M-33, Town of Kincardine, County of Bruce, being Parts 1, 2, 3, 4, 5 & 6, on Reference Plan 3R-3527, SUBJECT TO AN EASEMENT in favour of The Hydro Electric Power Commission of Ontario over parts of Block K, Plan M-33, Town of Kincardine, County of Bruce, now being Parts 6, 5 and 4 on Reference Plan 3R-3527, according to the terms and conditions of said Easement registered as Instrument No. 14041 for the Town of Kincardine under the Registry Act. SUBJECT TO AN EASEMENT in favour of The Bell Telephone Company of Canada over part of said Block K, Plan M-33, Town of Kincardine, County of Bruce, being Part 5 on Reference Plan 3R-3527, according to the terms and conditions of said Easement registered as Instrument No. 52387, under the Registry Act. AND SUBJECT TO AN EASEMENT in favour of The Corporation of the Town of Kincardine, over parts of said Block K, Plan M-33, Town of Kincardine, County of Bruce, now being Parts 3, 4,5 and 6 on Reference Plan 3R-3527, according to the terms and conditions of said Easement registered as Instrument No. 10169. AND SUBJECT TO AN EASEMENT in favour of The Corporation of the Town of Kincardine, over part of said Block K, Plan M-33, Town of Kincardine, County of Bruce, being Part 1 on Reference Plan 3R-3527, according to the terms and conditions of said Easement registered as Instrument No. 13973. TOGETHER with a right-of-way over part of said Block "K", Plan M-33, Town of Kincardine, County of Bruce, being Part 1 on Reference Plan 3R-2969, according to the terms and conditions of Instrument No. 10171. .. ./2 . . . . ..~ 9 SCHEDULE "A" 1091711 Ontario Ltd. Site Plan Agreement Page 2 TOGETHER WITH AN EASEMENT in favour of the Transferees in Instrument No. 13974 over part of said Block K, Plan M-33, Town of Kincardine, County of Bruce, being Part 7, on said Reference Plan 3R-3527, at any time to enter upon the said lands for the purpose of laying down and constructing sanitary sewers and related appurtenances incidental thereto in, under, along and upon the said lands and of keeping, maintaining and/or replacing the same at all times in good condition and repair and connecting into the same, and for every such purpose the Transferees shall have access to the said land at all times by their servants, employees, workmen, agents and contractors. The Transferees shall restore the said land to its former state after construction or repairs. Provided however, that the Transferees shall construct and repair such sewers and related appurtenances in such a manner as to allow the Transferor and subsequent owners of a right of ingress and egress at all times and the Transferee shall restore the said land to its former state after such construction and repairs as set out in Instrument No. 13974. SUBJECT TO a right-of-way over part of said Block "K", Plan M-33, Town of Kincardine, County of Bruce, being Part 1 on Reference Plan 3R-3527, for the benefit of the owners from time to time of the remainder of said Block "Kn, and of Block "Bn, Plan M-33, Town of Kincardine, their employees, suppliers and customers for the vehicular and pedestrian traffic over, along and upon the said right-of-way, as set out in Instrument No. 13974. TOGETHER with a right-of-way over part of said Block B, Plan M-33, Town of Kincardine, County of Bruce, being Part 2 on Reference Plan 3R-3263, according to the terms and conditions of Instrument No. 11750. . . . . l. .~ 10 SCHEDULE "B" 1091711 Ontario Ltd. Site Plan Agreement The "approved site plann shall be the plan drawn by the Owner and marked as the "approved site plan", signed by the Municipality's Chief Administrative Officer or deputy, signed by the Owner and with any changes marked in red and initialed by the Chief Administrative Officer or deputy and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. '..¡ . ~ . · · · ¡ ! .. .. 11 SCHEDULE "C" SITE DEVELOPMENT REQUIREMENTS 1091711 Ontario Ltd. 1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be December 31,2002. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. 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. 2. 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 Municipality's Chief Building Official or 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 not closer to any trees than the drip line of such trees, and the Owner agrees to abide by the requirements of the Municipality's Pubic Works Manager 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 Municipality'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". 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 landsn and any and all abutting streets, which, without limiting the generality of the foregoing shall include the following: 8. 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 Municipality's Engineer. iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 10. The Owner agrees to obtain a building permit within six (6) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. ~... ~.. . . . . ~~ 11. 12. 12 SCHEDULE "C" SITE DEVELOPMENT REQUIREMENTS Page 2 1091711 Ontario Ltd. The Owner agrees that all driveways and parking areas as indicated on the -approved site plan- shall be surfaced with asphalt, cement, or other hard surfacing acceptable to the Municipality's Engineer. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement. ',;,.- <# ' ., p -..:~.~ r'f . . . e¡ . 13 SCHEDULE "If' f' '1"6 Ef.~LA·:' 2891 918 Agreement In addition to the Municipality of Kincardine Site Plan ~I."Y 'T.....~ (between the Municipality of Kincardine and 1091711 Ontario Ltd.), the following storm water management schedule shall govern storm water issues. Now therefore, , the following storm water management conditions shall be binding upon both the Municipality of Kincardine and 1091711 Ontario Ltd. 1. The developer/property owner, 1091711 Ontario Ltd., assumes all responsibility for storm water collected and will prevent any such collected water from entering the Ministry of Transportation right-of-way along Highway 21, in the Municipality of Kincardine. 2. The Municipality of Kincardine agrees to accept all collected storm water from the developer/property owner 1091711 Ontario Ltd. 3. The developer/property owner 1091711 Ontario Ltd. is responsible for all maintenance of the storm water collection system on its property and will allow the Municipality unrestricted access to the property to repair any fault in the system where the developer/property owner 1091711 Ontario Ltd. fails to do so. 4. The developer/property owner, 1091711 Ontario Ltd., shall be responsible for all costs associated with construction maintenance and or repair of the collection system and will save harmless the Ministry of Transportation free of any costs associated with damages to the Ministry of Transportation right of way as a result of a failed system. The Municipality of Kincardine agrees to cover all costs mentioned herein should the developer/property owner, 1091711 Ontario Ltd. fail to pay such costs. In the event that the Municipality pays any costs to fill storm water obligations, it shall be entitled to recover costs from the site owner through applicable law. SIGNED, SEALED AND DELIVERED in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE , .,........¿.:~ ,....<, ..';.,~ /' .......,- :"':-~::~~....._.... :..::""~: ~ . .. ....-.. . ""- yor La a _ - J.-/ :~~ ~-: ....;:,. :..H~ ....... ~ /- - -~ ~ o>_~ ~ ~/ o",-::¡",: _..c _ ~~~ "~_~"_~~~""':-'./ ief Administrative ~__ ..:..:~':"-./ John deRosenroll ....././ho'.·.,,··· ~~ itn .