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HomeMy WebLinkAbout01 128 SP agree bradley e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2001 -128 A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH GORDON AND LOIS BRADLEY WHEREAS The Council for The Corporation of the Municipality of Kincardine deems it advisable to enter into a Site Plan Agreement with Gordon and Lois Bradley; 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 Gordon and Lois Bradley to ensure appropriate development of those lands described as Part Lot 1, Concession 11, designated as Part 1 on Registered Plan 3R-1599, Township of Kincardine, now Municipality of Kincardine, County of Bruce, save and except Part 14 on Reference Plan 3R-2441 conveyed to the Corporation of the Township of Kincardine by Instrument Number 205295. 2. That the Mayor and Chief Administrative Officer be authorized to sign on behalf of The Corporation of the Municipality of Kincardine the Agreement with Gordon and Lois Bradley which is attached to this By-law and to affix the corporate seal as and when required. 3. That this By-law shall come into full force and effect upon its final passage. 4. That this By-law may be cited as the "Gordon and Lois Bradley Site Plan Agreement By-law". READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED this 24th day of October, 2001. ~~kn." Clerk ~_. -.._.~. J.. '" ~ ': -'He: /,0361600 Document General Form 4 - Land iItIatIon Reform Act (1) Registry 00 Land Toties 0 (3) ::r..Wr(sl Block Do Process Software Ltd. . (416) 322-6111 y (21 Psge 1 property of 7 pages AddK_: See 0 Schedule CERTIFICATE Of RECI$TRATlOH BRUCE (3) W,\lKERTOH 141- 01 Document Site Plan Agreement - 5.41(10) Plamùng Act (51~ion '01 DEC 10 PM 1 08 Dollars $ NIL O/J~ ~ ~~~~s~~ (8) DescrIption Part Lot I, Concession 11, Township of Kincardine (now Municipality of Kincardine), County of Bruce now designated as Part 1 on Reference Plan 3R-1599 SAVE AND EXCEPT Part 14 on Reference Plan 3R-2441 conveyed to the Township of Kincardine by Instrument No. 205295. " _I: ~uIo 0 AddIllonaJ: ~uIe 0 (7) This Document Contains: (a) Redescr1ption New Easanø1t 0 PIanIS_ (bl Schadule lor: DescriptIon 0 Additional 0 IV! Parties Other I4J (81 This Document provides as_: . Plan Agreement attached hereto as pages 2 ~ Continued on Schadule 00 (81 ThIs Document relates 10 instrument number(s) 220614 (101 Party(lesl (Set out Status or I_I Name(s) ..Ci!Bl.O.RAJ.IOl'!!.i!F-11Œ....................................._....... M1¡1~!JJ;Ir.~n:Y...ºF..KI~Ç.ð.ßP.!~~......................................... þ.x,¡!u.llli.çitgr4Jir»llIlm.E...M.P.!J9.!I!L............................................ .... .. ..... ... ... ...... ....... .. .......·t....~ºº-1...I..llf..\g do 313 Lambton Street, Kincardine, Ontario N2Z 2Y8 CIPALIT (11) Addr... lor Service (12) Party(ies) (Set out Status or Interest) Narna(s) SIgnature(s) Dale of Signature =-~~-=--=--=F=tf ·...........·....·..·.......·.........·..·....·.......·..........·.....·..·.....·r..·.....·....¡---...r·.... DMDLE.YJ.G.!lJ:!J.Q.n.Stwlrt............................................................. BBADLE.Y...LD.is.Mawinf:................................................................ ..--.................................................-..-...............-....................................-_.. (131_ lor_ nlclplllAddnss 01 Property 27 Whispering Woods, Tiverton, Ontario NOG 2TO (181_"'-0<1 by: Fees and T.. Rèo¡ItibdtiunFee 1412- Concession 10 R.R.S Kincardine, Ontario N2Z 2X6 J MAHOOD & DARCY 313 Lambton Street Kincardine, Ontario N2Z 2Y8 "- o Total DOCl.ITI8nt prepared using. eo... J. 2 ,.'- .' SITE PLAN AGREEMENT . This AGREEMENT made this cO.4¡¡"" BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE day of oc.tohQ \/ ,200 \. hereinafter called the "Municipality" of the First Part, -and- GORDON AND LOIS BRADLEY hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that they are the registered owners 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; AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended. AND WHEREAS the covenants, agreements, conditions and understandings herein contained on the part of the Owners 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 Owners for themselves and for all successors in title, HEREBY AGREE with the Municipality as follows: . PART A - GENERAL PROVISIONS 1. The parties to this agreement hereby agree that the Owners as herein stated are 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 Owners hereby release 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 Owners agree to allow the Municipality at its sole expense and in their sole discretion to register or deposit this agreement in the Registry Office for the County of Bruce against the "subject lands". . .. .2 · · · · 3 Page 2 Site Plan Agreement - Gordon and Lois Bradley 4. The Owners 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 Owners from complying with all applicable municipal requirements. 7. The Owners hereby grants to the Municipality, their 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 Municipality under this agreement. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 8. The Owners agree to undertake development on the "subject lands", at their sole expense, in conformity with the site plan as detailed in Schedule "S" attached hereto, which shall hereinafter be referred to as the "approved site plan". 9. The Owners agree to provide, install or otherwise abide by, at their sole expense, the site development requirements. 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 compliance" 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 Owners 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 Owners hereby acknowledge 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 Owners from time to time at (itsltheir) sole risk and expense and the Owners agree the ·subject lands" will not impede or prohibit performance of the maintenance provided for in this agreement. .. . 3 ~' '. ~. : . . . .' 4 Page 3 Site Plan Agreement - Gordon and Lois Bradley 13. The Owners agree to maintain in good repair and at their sole expense the "subject lands· in conformity with the provisions of Schedule "B" (approved site plan) 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 Owners agree 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 "B". 15. The Owners agree that, at their 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 Owners agree 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 Owners agree to maintain at (its/their) 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 Owners agree 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 Ownes 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. PART C - DEFINITIONS 18. 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 Space· 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 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 maneuvering aisles and other space necessarily incidental to the parking of vehicles. . . ./4 .', ~ ".. ." . . . . 5 Page 4 Site Plan Agreement - Gordon and Lois Bradley 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 ~ 4 day of ("ÿ~bQæJ00....L. T~rti~S ~ave ho/eunto set their hands and seals this éJ'I- day of ~ , 200-1-. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) .þ/~L~~ ,,"~ ... . ~ ....~ . ~:/ % rae~. " :'/" '·..·c.~ ..,........Ç... ~-~~':::. ~.::-~' ~. ~...... s~.; 1.--' .-:-'-~ ~ _ , i . .., ....... '" ~. -..-~ ç <::7 ~ /'" :_, "'- ~~ ~w ,~~ ::...::- ,; Chief Administrative _:!9:er.;:-...~".:~:··.:' John deRosenroll -::,;..-' J.' ,(,:,".' ~ .....--- ~.. ~ ßzú "'.....,.,....1.',:,:...... GOrdon Bradley ~ ~~~d/¿~ Lois Bradley . .' . ~ ./' ..., .. , , . . . . 6 SCHEDULE "A" Part Lot 1, Concession 11, designated as Part 1 on Registered Plan 3R-1599, former Township of Kincardine, now Municipality of Kincardine, County of Bruce save and except Part 14 on Reference Plan 3R-2441, conveyed to the Corporation of the Township of Kincardine by Instrument Number 205295. ....... '....'1..\:. " .... . ~'- ., · · · · 7 SCHEDULE "B" The "approved site plan" 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.