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HomeMy WebLinkAbout12 025 Town of Saugeen Shores, Site Plan Control Agreement (Bruce Telecom) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT T_ ; ' BY LAW NO. 2012 - 025 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH THE TOWN OF SAUGEEN SHORES (Bruce Telecom) WHEREAS subsection 8 (1) of the said Municipal Act, provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to • confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS pursuant to Section 9 of the said Municipal Act a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS The Corporation of the Municipality of Kincardine owns, manages and operates a public utility telephone and telecommunications system under the name "Bruce Telecom"; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into a Site Plan Control Agreement with the Town of Saugeen Shores for the Bruce Telecom Site in Saugeen Shores; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: • 1. That The Corporation of the Municipality of Kincardine enter into a Site Plan Control Agreement with the Town of Saugeen Shores, attached hereto as Schedule 'A'. 2. That the Mayor and Chief Administrative Officer be hereby authorized and directed to execute, by affixing their signatures and the corporate seal, on behalf of The Corporation of the Municipality of Kincardine any documents required for the execution of these agreements. 3. That Schedule 'A' forms part of this By -law. 4. This by -law shall come into full force and effect upon its final passage. .../2 4111 Page 2 Town of Saugeen Shores, Site Plan Control Agreement (Bruce Telecom) By -law By -law No. 2012 - 025 5. This by -law may be cited as the "Town of Saugeen Shores, Site Plan • Control Agreement (Bruce Telecom) By -law ". READ a FIRST and SECOND time this 14 day of March, 2012 3/41-ayor .."0- CIer� READ a THIRD time and FINALLY PASSED this 14 day of March, 2012 I • - A _ `wed a Clerk • • • TOWN OF SAUGEEN SHORES SITE PLAN CONTROL AGREEMENT MUNICIPALITY OF KINCARDINE (BRUCE TELECOM) MARCH 2012 THIS AGREEMENT MADE IN QUADRUPLICATE THIS 12 DAY OF MARCH, 2012. BETWEEN THE CORPORATION OF THE TOWN OF SAUGEEN SHORES hereinafter called the "Town" OF THE FIRST PART, - and - THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter call the "Owner" OF THE SECOND PART, SITE PLAN CONTROL AGREEMENT WHEREAS the Owner represents that it is the registered owner of those lands in the Town of Saugeen Shores, formerly in the Town of Port Elgin, 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 Plan Control Area By -Law pursuant to the provisions of Section 41 of The Planning Act, 1990; AND WHEREAS the covenants in this agreement are binding upon the Owner and when registered on title are binding upon all successors in title; AND THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on the 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: 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 of its successors in title hereby releases the Town, its servants, agents and contractors from any and all liability in respect of the construction, proper maintenance and operation of the 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 the owner's expense and at the Town's sole discretion to register or deposit this agreement in this Registry Office for the County of Bruce against the "subject lands ". 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 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 any one 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 or provincial 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. 9. TOWN'S LEGAL. ENGINEERING AND ADMINISTRATIVE COSTS. The Owner agrees to pay to the Town, all costs of the Town's Engineer and Solicitor for all costs involved in negotiating this Agreement, preparing and executing this Agreement, costs involved in processing the Plan and for checking of plans and specifications and for the supervision and inspection on behalf of the Town and generally any and all costs associated with or attributable to, in any way, the development, Site Plan Agreement or interpretation thereof. The Owner agrees to forthwith upon application to the Town for the preparation of this Agreement, pay to the Town as a deposit the sum of One Thousand dollars ($1,000) which shall be used and applied to accounts rendered by the Town's solicitor and Engineer for the costs as referred to in the following paragraph. Accounts billed by the Town's solicitor, and Engineer shall be submitted directly to the Town for payment and the Town will then forthwith submit the said accounts to the Owner for reimbursement of the deposit fund referred to herein so that the initial deposit in the amount of One Thousand ($1,000) will again be built up to enable the Town to pay the next accounts as they are received from time to time. The Town agrees that the initial deposit in the amount of One Thousand dollars ($1,000) and such further deposits as may be required will be held by the Town in a Special General Account. If the Owner fails within a period of twenty (20) days from the date of mailing of accounts, to reimburse the Town for accounts submitted for reimbursement, it is understood that the Town, in addition to any and all other remedies it may have, may also draw on the Securities provided by the Owner as outlined in Section 14 of this Agreement. 10. OWNER'S CONSULTING ENGINEER. The Owner shall employ engineers and architects registered in Ontario, or other competent persons (a) to prepare designs, (b) to prepare and furnish all required drawings, (c) to provide the field layout, the contract administration and the supervision of the construction of the Internal Services and External Services. (d) to act as the Owner's representative in all matters pertaining to the construction. (e) to furnish the Town at the Owner's expense with a certificate with respect to the building for which a building permit application is made certifying that the proposed construction is in conformity with the "Approved Site Plan" and "Site Development" requirements attached hereto as Schedules "B" and "C ". (f) to prepare and provide the Town, at the Owner's expense, a Certificate of Completion indicating that the property has been developed in conformity with the "Approved Site Plan" and "Site Development" requirements attached hereto as Schedules "B" and "C ". (g) to prepare and provide the Town with a Construction Schedule when requested by the Town. (h) All of the matters referred to in this paragraph shall be completed to the sole satisfaction of the Town. SITE DEVELOPMENT AND MAINTENANCE PROVISIONS. 11. The Owner agrees to undertake development on the "subject land's, 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 ". 12. 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. 13. Upon completion of the development of the "subject lands" in conformity with the provisions of this agreement to the sole satisfaction of the Town, the Town shall issue a Certificate of Compliance. "Certificate of Compliance" shall mean a statement by 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 or provincial 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. 14. Prior to obtaining a building permit or proceeding with any work herein described, whichever the case may be, the Owner agrees to: (a) provide a security (hereinafter called "the security") to the Town in an amount as detailed in Clause 2 of Schedule "C" by way of cash or a Letter of Credit in a form acceptable to the Town which shall have an initial expiry date no sooner than the date as detailed in Clause 2 on Schedule "C" to ensure the provision of all matters and facilities required pursuant to this agreement and other applicable municipal requirements within the prescribed time period, and such security shall be refunded to the Owner without interest upon issuance of a Certificate of Compliance, unless the Town exercises its rights under Clauses 15 and 17 of this agreement, in which case the security shall be forfeited absolutely to the Town as liquidated damages and not as a penalty. (b) Meet the financial obligations of the Hydro Electrical Supplier for the servicing of this development. 15. Where the Owner is required by this agreement to do work and where such work is not done by May 31, 2013 or where the Owner does not otherwise abide by the requirements of this agreement, the "security" shall be forfeited absolutely to the Town as liquidated damages and not as a penalty, and a Certificate of Compliance shall not be issued until such work has been completed. The Owner also agrees that in default of any required work being completed within the prescribed time period, or failure to provide, retain, maintain, repair or use those matters and facilities of this agreement, the Town, its servants, agents, and contractors shall have the right after thirty (30) days of the mailing of a notice to the Owner at the address as detailed in the last revised assessment role, to enter the "subject lands" to complete such works required by this agreement, or to demolish in whole or in part, and to conduct such works as are reasonable and necessary to improve safety of the works, or to restore, in whole or in part the location to its natural state or as it was prior to the commencement of any construction thereon, as the Town deems necessary in its sole discretion, and all expenses incurred by the Town in doing such work shall become a charge against the "subject lands ". Should the Town be required to complete such works required by this agreement, as the Town deems necessary in its sole discretion, and all expenses incurred by the Town in doing such works shall become a charge against the "subject lands ", and may be recovered by court action or in like manner as unpaid municipal taxes. 16. The Owner agrees that the Town shall not be liable to compensate the Owner, occupant, or any other person having an interest in the property, by reason of anything done by or on behalf of the Town under the provisions of this agreement. 17. The Owner agrees that the security may be used to rebuild or repair any public facilities damaged or altered during development of "subject lands ". The Owner acknowledges that this provision does not relieve the Owner of the responsibility to repair or rebuild any public facilities damaged or altered during development of the "subject lands" to the requirements of the Town's Engineer and the Owner shall pay all costs of such reconstruction or repair. 18. 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 Town has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands ". 19. All maintenance and repair of facilities and matters required by the 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 this agreement. 20. 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. 21. The Owner agrees that all vaults, containers, collections 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 a location acceptable to the Town. 22. The Owner agrees that at his sole expense, that 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 Town's zoning or provide adequate snow storage space. That the Owner further agrees snow will not be collected in such a manner that, it blocks visibility adjacent to a street. Further, it should not be collected in such a manner that it blocks drainage to a street drain or drainage facilities on site. Further, it should not be collected in such a manner, that melt water would affect any abutting property. 23. 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. 24. If any notice is required to be given by the Town to the Owner with respect to the Agreement, such notice shall be delivered to: Municipality of Kincardine do Bruce Telecom Port Elgin office 583 Green Street Port Elgin, Ontario NOH 2C0 or may be given to the Owner by prepaid registered mail and any such notice forwarded by prepaid mail shall be deemed to have been delivered on the third business day after mailing. If notice is to be given by the Owner to the Town it shall be similarly given to: The Corporation of the Town of Saugeen Shores 600 Tomlinson Drive, P.O. Box 820 Port Elgin, Ontario NOH 2C0 25. The owner shall submit for the review and approval of the Town of Saugeen Shores and Saugeen Valley Conservation Authority, a detailed surface water management report and lot grading plan prepared by a technically qualified consultant. This report and plan shall detail the methods that will be used to control surface water flow and erosion and sedimentation within the development lands and abutting properties during and following construction. This report shall also detail the methods that will reduce any negative impacts to water quality. 26. That the owner agrees to carry out or to cause to be carried out the works recommended in the surface water management report and lot grading plan to the satisfaction of the Saugeen Valley Conservation Authority. 27. In the event that the surface water management plan recommends the establishment of any stormwater works, detention or retention facilities, the operation and maintenance of same shall be the responsibility of the owner to the satisfaction of the municipality. DEFINITIONS 28. Definitions for terms, which may be used in this agreement, 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, but may include areas of Landscaped Open Space. (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 OLD AGREEMENTS 29. The Parties agree to release any previous site plan agreements between the Town and Owner for the subject lands once this agreement is registered or immediately before this agreement is registered, whichever is more appropriate. MORTGAGE 30.The Developer is obligated to obtain a postponement agreement from the existing mortgagee(s) which allows the registration of this agreement to be in first priority. IN WITNESSETH WHEREOF the parties have hereunto set their hand and seal. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (9t) Re--.....--. . ---- --cc_ a— ,harry Kraemer 2- _ Mayor_ %; • ^\\\ jrtc:i GAO Deena GI9rIF We have authority to bind the corporation THE CORPORATION OF THE TOWN OF SAUGEEN SHORES G Mike Smith, Mayor Linda White, Clerk We have authority to bind the corporation SCHEDULE "A" SUBJECT LANDS ALL AND SINGULAR that certain parcel or tract of land in the County of Bruce, Province of Ontario, and composed of: FIRSTLY: Part of Parcel 1 -1, Section M-63 being Part of Lots 46, 47, 48, 49, 70, 71 and 72, Plan M -63 designated as Part 8 on Reference Plan 3R -8065, in the Town of Saugeen Shores, formerly Town of Port Elgin SECONDLY: Part of Parcel Streets -1, Section M-63 being part of Chapman Crescent (Closed by By -law No. 40-87, LT19682) Plan M-63 designated as Part 13 on Reference Plan 3R -8065, Town of Saugeen Shores, formerly Town of Port Elgin SCHEDULE "B" APPROVED SITE PLAN The "approved site plans" shall be as follows on file with the Clerks Office of the Town of Saugeen Shores: 1. Site Plan drawn by Gamsby & Mannerow, Revision No. 3 dated Feb 8/12, Drawing No: 1; SCHEDULE "C" SITE DEVELOPMENT REQUIREMENTS 1. The Owner agrees to obtain a building permit for the development within twelve months from the signing of this Site Plan Control Agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void, except paragraphs 4, 5, 9, 14, 15 and 17. 2. Pursuant to Clause 15 of this agreement, the security shall be in amount of $1,614.00 equal to the estimated cost of completing the landscaping, paving, fencing, drainage, grading and other similar works and such security shall be in the form of a Letter of Credit or other acceptable security as the Town may deem satisfactory and such Letter of Credit shall have an initial expiry date of two (2) years from its date of origin. 3. The Owner agrees to prepare a grading and drainage plan acceptable to the Town's Engineer and all surface and roof drainage shall be controlled in a manner satisfactory to the Town's Engineer. Approval of grading and drainage plan is required prior to the signing of this Agreement. 4. 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. 5. The Owner shall prepare and submit for approval to the Town's Sign Administrator a signage plan, in accordance with the Town's Sign By -Law and the Owner agrees to implement the approved signage plan. 6. 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 Town's Engineer in this regard, acting reasonably. 7. The Owner agrees to install temporary fencing or otherwise adequately protect all tree 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 Planner or Engineer in this regard, acting reasonably. 8. The Owner agrees that any intemal driveways, which are necessary for and designated as a fire route, shall be so designed and constructed so as to carry the weight of the Town's Fire Fighting equipment. 9. 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 ". 10. The Owner undertakes to provide, upon request of the Town Engineer, acting reasonably, such easements as the Town may require for the construction, improvement or maintenance of water courses, ditches, land drainage works and sanitary sewage facilities. 11. The Owner agrees to appropriately and properly finish to the requirements and satisfaction of the Town all lands lying between the "subject lands" and any and all abutting streets, 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 and property line with asphalt, concrete or other hard surfacing acceptable to the Town's Engineer. (iii) removal of existing driveways, which are not to be used with replacement by appropriate landscaping as, detailed above. 12. The Owner agrees that all parking areas and driveways shall be surfaced with asphalt or cement and or interlocking stone pavers and all parking stalls shall be visually identified. 13. This Agreement is not transferable or assignable by the Owner, without the prior written consent of the Town. In the event that the purchaser is a limited company, any transfer of the common shares, such that the majority of Ownership of the limited company passes from the party executing this Agreement personally, shall constitute assignment or transfer and shall require the written consent of the Town. 14. The Owner agrees that no buildinbs, structure, or any addition thereto shall be erected on the said lands, and no building permit shall be applied affecting the said lands until plans respecting the building, landscaping, drainage and grading have received the approval of the Town. 15. Parking - Provision for parking or payment in -lieu for parking will be in accordance with Comprehensive Zoning By -law, as amended. 16. The owner agrees to install a water - conserving device on all plumbing fixtures. 17. All of the requirements referred to in this Agreement and in particular Schedule C hereof shall be completed to the sole satisfaction of the Town with respect to the timing for completion of it and with respect to the quality thereof. 18. Outdoor storage is not permitted 19. Ingress to and egress from the subject lands is permitted only as shown on the approved site plan. 20. Execution of this agreement by the Town does not connote approval under the Ontario Building Code.