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HomeMy WebLinkAbout20 117 Mejer Holding Inc. (841-854 Queen Street) Site Plan Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT � cr�ONof�a����°�� w' BY-LAW No. 2020 - 117 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH MEJER HOLDING INC. (841-854 Queen Street) WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Section 41, authorizes municipalities to enter into Site Plan Agreements; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into a Site Plan Agreement with Meier Holding Inc. for that property defined as: LT 4 PL 61 (SUBDIVISION OF LT 11 S/S DURHAM ST); LTS 3 & 5 PL 61 (SUBDIVISION OF LT 11 S/S DURHAM ST); PT LT 1 PL 61 (SUBDIVISION OF LT 11 N/S LAMBTON ST) PT 17 3R7364; PT LTS 17 2 PL 61 (SUBDIVISION OF LT 11 N/S LAMBTON ST); PT LT 12 N/S LAMBTON ST PL KINCARDINE PT 77 8 & 97 3R2259; PT LT 3 PL 61 (SUBDIVISION OF LT 11 N/S LAMBTON ST) PT 17 3R6566; MUNICIPALITY OF KINCARDINE (PIN(S) 33309-0194 (LT), 33309- 0195 (LT); & 33309-0196(LT) NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows- 1. ollows:1. That the Municipality of Kincardine enter into a Site Plan Agreement and Payment in Lieu of Parking Agreement with Meier Holding Inc. for that property located at 841-854 Queen Street, more particularly described in Schedule "A" of the attached Site Plan Agreement. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of the Council of The Corporation of the Municipality of Kincardine the agreements with Meier Holding Inc. attached to this by-law as Schedule "A" and Schedule "B", as well as any other documentation including any acknowledgement and direction required and relating to the said Site Plan Agreement and Payment in Lieu of Parking Agreement. 3. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act, 1990. 4. This By-law may be cited as the "Mejer Holding Inc. (841 -854 Queen Street) Site Plan Agreement By-law". READ a FIRST and SECOND TIME this 9t" day of September, 2020. READ a THIRD TIME and FINALLY PASSED this 9t" day of September, 2020. Signed with ConsignO Cloud(2020/12/02) gned Eadie .....� 'll''I�.��II�.... IIII�I�� Jentn iferrALawria Verify with ConsignO or Adobe Reader. "'11111 III III III�IIIIIII Mayor Clerk This Is Schedule. A 'to By-law No.dD 1(L passed the 944' day SITE PLAN AGREEMENT of 20 2U This AGREEMENT made this day of ,y\120{' , 2020. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the"Municipality"of the First Part, -and- Mejer Holding Inc. 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; 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 Municipality has approved the plans and drawings submitted with the Owner's application for site plan approval subject to certain conditions and subject to entering into this agreement; AND WHEREAS the Owner acknowledges that a financial contribution from the Owner to the Municipality will be required in order to carry out development of the facilities, works or matters of concern to the Municipality required to be addressed by this Agreement and its appurtenant Schedules; AND WHEREAS section 41(10)of the Planning Act, R.S.O., 1990, c.P. 13, as amended, permits the registration of this Agreement against the lands to which it applies in order to secure the provision of works,facilities or matters referred to in the Planning Act and the construction of the development in accordance with the approved plans and drawings; 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—SCHEDULES 1. The following Schedules are attached hereto and form part of this Agreement: 1.1. Schedule'A'—Description of Land 1.2. Schedule'B'—List of Approved Site Plan Documents 1.3. Schedule'C'—Site Development Requirements 1.4. Schedule'D'—Itemized Estimate of Costs of Construction Page 2 Site Plan Agreement PART B—GENERAL PROVISIONS 2. 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". 3. 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. 4. The Owner consents and authorizes the registration and/or deposit of this of this Agreement and any of its Schedules by the Municipality's Solicitors upon the title to the"subject lands"in the Registry Office for the County of Bruce,which shall be at the sole discretion of the Municipality. The Owner agrees to pay any and all costs associated with the registration and/or depositing of this Agreement or any other documents pertaining to this Agreement. 5. 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. 6. 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. 7. Nothing in this agreement shall relieve the Owner from complying with all applicable municipal requirements. 8. 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 lands"or for any other purpose pursuant to the rights of the Municipality under this agreement. 9. Once the Municipality of Kincardine has entered into the site plan agreement with the owner, all subsequent documents binding the Corporation will be executed by the Mayor and CAO. 10. The Owner agrees to obtain and register, at their own sole cost and expense a postponement from each encumbrance with a charge registered against title to the Land (of part thereof) so that notice of this agreement shall be registered in priority to any such charge. Further,the mortgagor, if any, agrees that in the event of him assigning or transferring the mortgage on the lands,the assignment or transfer shall be subject to the terms hereof in the same manner as if the assignee or transferee had executed this Agreement. 11. If this agreement becomes null and void,the by-law will be repealed and the Mayor and CAO shall be authorized to release the agreement. PART C -SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 12. The Owner agrees to undertake development on the"subject lands", at its 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". 13. 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. Page 3 Site Plan Agreement 13.1.In order to guarantee compliance with all conditions contained within this agreement and to ensure completion of the site works,the Owner covenants and agrees to file with the Municipality prior or upon execution of this Agreement, a letter of credit in the amount as provided in Schedule D'.This letter of credit shall be based upon the providing security for 100%of all costs associated with any off-site servicing or works,and 50% of all costs to provide the municipality sufficient comfort that all site works, including landscaping and all stormwater management works are completed.After completion of all works and receipt of certifications,the securities may be released except for landscaping. Landscaping security will be held for one growing season. Securities may be reduced as the works are completed.The Municipal Engineer will advise an amount to be retained until the expiration of the warranty period for the works on Municipal property. 13.2.The aforesaid letter of credit shall be in a form approved by the Municipality, and the Owner covenants and agrees that the said letter of credit shall be kept in full force and effect and that it will pay all premiums as the said letter of credit becomes due or until such time as the Municipality returns the letter of credit. The letter of credit or other security will be released by Municipality and returned to the Owner upon completion of the works. Owner herby acknowledges and agrees that should there be a deficiency in or failure to carry out work or matter require by any clause of this agreement, and the owner fails to comply within thirty (30)days written notice,with a direction to carry out such work or matter, the Municipality may draw on the letter of credit,the owner may deposit with the Municipality cash or certified cheque in an amount equal to the letter of credit and such deposit shall be held by the Municipality as security in accordance with this agreement, provided that no interest shall be payable on any such deposit. 13.3. The owner shall insure against all damages or claims for damage with an Insurance Company satisfactory to the Municipality. Such policy or policies shall be issued in the joint names of the Owner,the Municipality and the Municipality's Engineer and the form and content shall be subject to the approval of the Municipality. The minimum limits of such policies shall be five million dollars($5,000,000.00)all inclusive, but the Municipality shall have the right to set higher amounts, as its sole discretion.The said insurance policy shall include a provision that requires the insurance company to provide the Municipality with thirty(30)days notice of termination of such policy. Such insurance policy shall provide coverage for a period of at least one (1) year and shall continue until all the work require by the owner under this agreement in sampled and,where applicable, assumed by the Municipality. The issuance of such a policy of insurance shall not be construed as relieving the Owner from responsibility for other or larger claims, if any,for which it may be held responsible.The issuance of such a policy of insurance shall not be construed as relieving the Owner from responsibility for other or larger claims, if any, for which it may be held responsible. 14. 14.1.Upon completion of the development of the"subject lands"in conformity with the provisions of this agreement,the CAO shall issue a certificate of compliance. 14.2."Certificate of compliance" shall mean a statement of the Municipality as to the 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 its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of Page 4 Site Plan Agreement the Municipality's requirements, regulations or by-laws which relate to the subject lands. 15. 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". 16. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at its 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. 17. 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. 18. The Owner agrees that should it fail to complete any of the Works contemplated by this Agreement,the Municipality is under no obligation whatsoever to complete all or any portion of the Works but the Municipality has the right to complete the Works if it chooses to. Notwithstanding the foregoing,the Owner agrees that the Municipality shall, at its sole discretion, have the right to enter onto the Lands to take whatever action it deems necessary to safeguard the health and welfare of the residents of the Municipality including, but without limiting the generality of the foregoing,to disconnecting municipal services, completing or providing interim drainage works, filling in holes, blocking off access, posting signs,grass/weed control and leveling terrain, at the Owner's expense. The Owner further agrees to indemnify the Municipality, its agents or servants,from any and all claims that may arise as a result of any actions taken by the Municipality pursuant to this clause. 19. The Owner agrees that all garbage and recycling bins will be stored in the garbage room labeled on the drawing inside the proposed mixed use apartment structure, and further the Owner is responsible for garbage removal. The Owner agrees that blue boxes on wheels will be used for recycling and placed curbside to be picked up in conjunction with the municipal recycling program. The Owner agrees to use a minimum of four separate recycling bins in order to separate: paper, glass, plastic and cans, and box board. The Owner agrees to flatten and dispose of corrugated cardboard at the designated depo. 20. The Owner agrees that, at its sole expense, all parking areas provided on the "subject lands"shall, in all circumstances, be reasonably 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. 21. 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. Page 5 Site Plan Agreement 22. 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. 23. The Owner agrees to do the following: 23.1. 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; 23.2. 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 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 complete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; 23.3. to,where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule"A" attached hereto,free and clear of all encumbrances. PART D-DEFINITIONS 24. 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. "Land"or"Lands" shall mean the real property,the legal description which is attached hereto as Schedule'A'. iii. "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. iv. "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. v. "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. Page 6 Site Plan Agreement PART E—SIGNATURES 25.The covenants, agreements, stipulations, declarations and provisions contained herein on the part of the Owner shall run with the lands and shall be binding upon the Owner, its successors and assigns and the benefit thereof shall ensure to the Municipality. SIGNED, SEALED AND DELIVERED ) in the presence of ) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ) Ta . Anne E ie Chief Administrative Officer— Sharon Chambers ) Witness ) President—Ashok Dhir Mejer Holding Inc. I HAVE AUTHORITY TO BIND THE CORPORATION Business Address: Ashok Dhir 1126 Berkshire Court Oakville, ON L6M 2L6 ashokdhir@bell.net (905)330-8496 Page 7 Site Plan Agreement SCHEDULE"A" PT LT 2 PL 61 (SUBDIVISION OF LOT 11 N/S LAMBTON ST); PT LT 3 PL 61 (SUBDIVISION OF LT 11 N/S LAMBTON ST) PT 1, 3R6566; MUNICIPALITY OF KINCARDINE BEING ALL OF PIN 33309-0196 (LT) PT LT 1 PL 61 (SUBDIVISION OF LT 11 N/S LAMBTON ST); PT LT 2 PL 61 (SUBDIVISION OF LT 11 N/S LAMBTON ST); PT LT 5 PL 61 (SUBDIVISION OF LT 11 S/S DURHAM ST); PT LT 12 N/S LAMBTON ST PL KINCARDINE PT 7, 8&9, 3R2259; MUNICIPALITY OF KINCARDINE BEING ALL OF PIN 33309-0195(LT) LT 4 PL 61 (SUBDIVISION OF LT 11 S/S DURHAM ST); PT LT 3 PL 61(SUBDIVISION OF LT 11 S/S DURHAM ST); PT LT 5 PL 61 (SUBDIVISION OF LT 11 S/S DURHAM ST); PT LT 1 PL 61 (SUBDIVISION OF LT 11 N/S LAMBTON ST) PT 1, 3R7364; MUNICIPALITY OF KINCARDINE BEING ALL OF PIN 33309-0194(LT) Owner will register an application to consolidate the parcels to one pin. Page 8 Site Plan Agreement 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 and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This"approved site plan"shall be filed with the Municipality's Chief Administrative Officer. A001 —Life Safety&OBC Matrix—July 27,2020 A201 —Ground Floor Plan—Aug 20, 2020 A401 —East&West Elevation—June 1, 2020 C101 —Site Servicing Plan—July 27,2020 C102—Site Grading Plan—July 27, 2020 C103—Erosion and Sediment Control Plan, and Details—July 27,2020 E101 —Electrical Site Plan—June 1, 2020 SP1 —Site Plan—July 27,2020 Servicing &Stormwater Management Report for Mixed Use Development at 841,845, 851 Queen Street, Kincardine—July 27, 2020 Page 9 Site Plan Agreement SCHEDULE"C" SITE DEVELOPMENT REQUIREMENTS 1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be December, 2022 and provide the Municipality with as constructed drawings. 2. 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. Final Grading Certificate completed by a Professional Engineer or a Registered Ontario Land Surveyor, must be submitted. 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. 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 ensure that all records relating to testing of municipal water mains and sanitary sewers are provided to the Municipality prior to connection to the Municipal system. The Municipality will conduct Bacteriological sampling for the watermain at the owners expense. 6. 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. 7. 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 and as per the Ontario Building Code. 8. 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". 9. 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. 10.The Owner agrees to appropriately and properly finish 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: 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. Page 10 Site Plan Agreement 11.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. 12.The Owner agrees to provide payment for Development Charges in accordance with the current Development Charges By-law of the Municipality. 13. In accordance with the current Parkland Dedication By-law of the Municipality, Planning Act R.S.O. 1990 cp. 13 land shall be dedicated in the amount of five percent(5%)of the net land area for residential,2%for commercial purposes. The Owner agrees to provide Payment in-lieu of Parkland for the redevelopment prior to the approval of the site plan agreement. 14.The Owner agrees enter into to a Payment in Lieu of Parking Agreement at the time of signing the Site Plan Agreement for 16 parking spaces. 15.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. 16.As part of its ongoing obligations on the site the developer acknowledges that the stormwater management facilities, catch basins and will require maintenance. The developer agrees to maintain, clean, repair or if needed replace the basins and other storm water management works to ensure the integrity of its operation. The developer further agrees that the Municipality or its agents will have the right to inspect and assess storm water management works and order the developer to comply with its maintenance obligations. 17.The owner agrees to provide the Municipality with "as constructed"drawings for the works that consists of all underground works including water,waste water, stormwater prior to the connection to Municipal services. 18. The owner acknowledges that his work site is adjacent to a municipal sidewalk along Queen Street. The sidewalk is not to be closed unless approved by the Director of Public Works. The owner shall provide sufficient fencing and security to allow pedestrians to safely use this sidewalk at all time during the site construction as approve by the Director of Public Works. Traffic control and pedestrian safety will require a temporary conditions control plan in conformance with the Ontario Traffic manual(OTM) Book 7. 19.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. Page 11 Site Plan Agreement Schedule"D" ITEMIZED ESTIMATE OF COSTS OF CONSTRUCTION Queen ST.Mncardine-Preliminary On-site Cost Estimate Iter) Spec No. Description Unit Quantity Unlit Price Total Part'I Site I.1 Sag Pence rn 10000 3 15 CO S t SOC CO 1.2 Cdnig ticsmrt E'dtanotelklu0 Siat tPcaiding remora) L3 t 500 S 7,500:00 S 1,500 00 1.5 it move and O3poee OPsSe at Existing Water SeroCes L S 3 OC S ',200.CO S 3,50C CO b Ended CornmunicatOc I* L1 2.00 5 753.CO S t,500 CO 01ErslangMydroSerne L3 2.0C $ 750,03 S 1,500.00 d 01150.3 Sanitary Swede LS 4.70 S ',COO CO 3 a.000.C0 e fxt6t/rg lecnIto•;tg 0083 ea 1;36 S 500 SO S 500.00 ¶E 3tIng Tr** 51 500 3 ;00.00 S 2500.00 g3 Existlrlg Retaining walvcm0sete Bobs wan m 60 OC I 25.00 S 1,500 CO Mt 00)5018 Concrete.'Graves:Asphalt tor 140.00 3 10.00 3 1,400.00 0 Erselg 5leidingsno t lI 3f3ge LE 100 1 12,0000,0 3 12:307,00 0AsoeslscsAbatement 1 O 3, 3,'55003 5 3.950.0 fetid Tito SWIM' S 41,450.00 Part 2 Sanitary Sewers: 2.1 1504r417 D'=a.Santa:),Sewers t Sint©::Y12 or 7500 5 2::0?00 5 2,75a cc 0,15+$2 len 14H3 1' 7 7 0C 5 250.02 S 4250.00 22 120010tH£4.2&tantenano*Hones a Sin:740. Ea 3_x30 1 4,220..CO S 1250O CO Tofu Tine lectin: $ 20000.00 Pat 3 Storm Savers: 3.1 330.11.0,1D,3 01007 sewers a,VMI 17COMMS T 57 OL 5 275;017 S I2,175.CO t$C854o1':to STM NM2 m 11 CO 3 275 CC S 4,075 CO 32 1203rntn.Ds Mat11er1an0e Hues a3Sin 72 bow amyl-out ea 2.:70 1 4,200.20 3 4.400.00 r STC c'e 5700 at Ea 1.00 3=;000.CO S 2.300.CO Tow TRY Section. 3 45,250.00 Part I Wan-Main: 4:I 13347rn.Gta PVC 22 alar.n55 1n 5500 S 275:C0 5 2,025:00 42 1034 ,O"+1 Curb Sloe so I&i0 3 000.00 5 000.00 Total TRY Section: $ 10.225..00 Pat 5 Roadworks,Surface Works: 5.t t'7r3rewa3Part1ngArea a3 331b¢ade PreparaSo* , 1.30- 5 5.040.CO 00 S 5. @.CC to tarsus s 13't 30Can*t3 i 643 00 S 25.00 5 10,300.00 C.GraRWY'A y I50r'.1n1 t 320 00 S 75.00 3 11,200:00 Ch S'...1.Ease Asptia3i iS5mn1 I 120.]6 3 $5000 5 13,000.00 a.ni.3 Surface A.sonaet;35mm} I 7.50C 3 100.00 5 7.500.CO S.2 Cmnc5e05 curt aS Banter Curb on 10000 9 60.00 S 4.500.00 0 OTO CJD m 30.X0 1 00 SO 5 1.800.C4 5.9 C40 Wats a,125,mn TOld C:t YcIIVe Sideaa54,Islands,Pa9q Cartage Pad, 1•,t' 70 X $ 65.00 3 4.557..00 0:12:1717 Thick Concrete Transferrer Pad m' 21.00 3 MCC 5 to350-040 54 l:ne Pair6ng LS 1 5 ,5:.,530.00 3 11.500.00 Total Tres Ssc0bn: $ 732330.00 Total Ondils'Nonni. t 194,355.00 50%-97,177.50 Page 12 Site Plan Agreement Schedule"D" (Continued) ITEMIZED ESTIMATE OF COSTS OF CONSTRUCTION Queen ST.,Kincardine-Preliminary Off-site Cost Estimate Item Spec No. Description Unit Quantity Unit Price Total Part 1 Site preparation/removals: 1.1 Remove and Dispose Offsite a)Existing Curb m 25.00 5175.00 54,375.00 b)Pavers remove,salvaged re-instated m' 125.00 5175.00 521,875.00 Total This Section: 526,250.00 Pert 2 Sanitary Sewers: 2.1 150mm Dia.Sanitary Sewers m 10.00 S 250.00 52,500.00 2.2 Break yito Exsrsierg pee ano connect new 150mm Dia LS 1.00 5 4.258.50 $1,258.50 Total this Section: Si 6,758.50 Pan 3 Storm Sewers: 3.1 300mm F3a Siorm Sewers bi To Exsistirwj Pipe m 1500 5 275.00 54,125.00 3.2 Connections to ensistits Some System Break into Ersisting 575nim Dia. Pipe and correct new 300mrr!Da.Storni Sewer LS 1.00 5 4.258 50 5 4,258.50 Total This Section: S 8,383.50 Part 4 Wateimain: 4.1 100mm Dia PVC watemzain m 25 00 $ 275.00 5 6.875.00 Connect to errsting 300mm Dia.Watermain dr 100mm Dia. 4.2 Tapping sleeve and sake. LS 1 00 5 7,600.10 $ 7,600.00 Water Isaiaritn Valve Total this Section: 5 14.475.00 Pan 5 Roadworks/surface works: 5.1 Roadway Area t)Granuar'B'(300mm) 1 150.00 $ 25.00 $ 3750 00 t)Granuiar'A'i 150mmi t 75.00 $ 35.00 $ 2,62500 of HL4 Base Aspnalt i55n;m) t 35.00 S 150.00 $ 525000 el HL3 Surface Asphalt(35mml t 25 00 $ 100 00 $ 2,500 00 5.2 Concrete Curb a)Barrer Curti m 36.00 $ 125 00 $ 4,500.00 b)Drop Curb in 20.00 5 125.00 5 2,500.00 5.3 RoadiSurface Restoration m 60 00 $ 320 00 S 19,200.00 Total This Section: S 40,325.00 Total Oft-site Works: S 96,192.00 This is Schedule" B "to By-law No.b49D-I14 passed the 94t' day of4*r4b f' 2020 . PAYMENT IN LIEU OF PARKING AGREEMENT This AGREEMENT made this day ofgP,k(c\ C , 2020. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the"Municipality"of the First Part, -and- Mejer Holding Inc. hereinafter called the"Owner" of the Second Part. WHEREAS 1. The Owner represents that it is the registered owner of certain lands located at 841, 845 and 851 Queen Street, in the Municipality in Kincardine legally described in Schedule"A" attached to this agreement(the"Lands"); 2. The Owner intends to develop the Lands for the purpose of a mixed-use building. 3. Zoning By-law number 2003-025 of the Municipality of Kincardine (the "Zoning By-law") requires the Owner to provide and maintain thirty-six (36) parking spaces for the mixed use building commercial/residential described above,which spaces must comply with the standards set out in the Zoning By-law (the "Required Parking Spaces"); 4. The Owner is able to provide only twenty(20) parking spaces on the Lands; 5. The Municipality's Payment-in-Lieu of Parking Policy which permits cash payments instead of providing parking to the standard required in the Zoning By- law, also allows Council to consider granting an exemption from a payment-in- lieu of parking payment for parking spaces in an application; 6. The Municipality of Kincardine at its meeting held on July 11, 2012 rezoned the lands and Section 6.20.8.4 shall apply, payment in lieu of parking. An exemption should be applied to only the twenty (20) parking spaces and that a payment-in- lieu of parking payment in the amount of $3,240 per parking space be required for the remaining sixteen (16) parking spaces allocated for commercial use; 7. Subsection 40(1) of the Planning Act, R.S.O. 1990, c. 13 permits the Council of a municipality to enter into an agreement exempting an owner or occupant to the extent set out in the agreement, from the requirement of providing and maintain parking facilities on land that is not part of a highway. IN CONSIDERATION of the sum of Two Dollars and other good and valuable consideration, the parties to this agreement hereby covenant and agree as follows: 2 Payment in Lieu of Parking Agreement Mejer Holding Inc. 1. The Owner shall pay to the Municipality the sum of$51,840 by cash or certified cheque immediately upon execution of this agreement. • 2. Upon receipt of the payment referred to in paragraph 1 of this agreement,the Owner shall be exempt from the requirement to provide and maintain SIXTEEN (16) required parking spaces it is otherwise required to provide pursuant to the Zoning By-law and shall be required to provide twenty (20) parking spaces as provided in amending By-law 2012-087. 3. The exemption provided pursuant to paragraph 2 of this agreement shall apply to the Lands only so long as the Owner complies with this agreement and the use or uses being conducted on the Lands does or do not result in the parking requirements exceeding the number of required parking spaces. The exemption under this agreement applies only to the Lands and shall not be assignable or transferable to any other lands. 4. In the event that the use or uses being conducted on the Lands changes or change in a manner that increases the parking requirements, the exemption granted under this agreement shall become null and void and the Owner shall be required to provide the number of parking spaces required by the Zoning By-law for the new use being conducted on the Lands. 5. In the event of default by the Owner of any of the terms of this agreement, this agreement shall be terminated and thereafter, any exemption granted pursuant to this agreement shall be null and void and the Owner shall be required to • provide the number of required parking spaces which would have been required by the Zoning By-law prior to the exemption granted by Council for the Municipality. Subsequent to default,the Municipality shall not be liable to refund or account to the Owner for any payments made by the Owner to the Municipality pursuant to the provisions of this agreement. 6. The granting of the exemption in this agreement in no way binds or commits the Municipality to provide alternative parking in the area of the Lands or at all. 7. In construing this agreement,words in the singular shall include the plural and vice versa and words importing the masculine shall include the feminine and the neuter and vice versa and words importing persons shall include corporations and vice versa. 8. The Owner hereby consents to the registration of this agreement on the title of the Lands. 9. The parties to this agreement hereby covenant and agree that this agreement shall be binding upon them,their respective heirs, executors, administrators, successors, and assigns. 10.If any provision in this agreement or the application of this agreement to any person or circumstances is found to be invalid or unenforceable to any extent, the remainder of this agreement and the application of such provisions to other . persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 2 3 Payment in Lieu of Parking Agreement Mejer Holding Inc. IN WITNESS WHEREOF the parties have hereunto affixed their respective corporate seals attested to by the hands of their respective proper signing officers duly authorized • in that behalf. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE &'41ayor—Anne Ea ie Chief Administrative Officer— Sharon Chambers I/We have the authority to bind the Corporation MEJER HOLDING INC. (OWNER) . ) President—Ashok Dhir Mejer Holding Inc. I have the authority to bind the Corporation • 3 4 Payment in Lieu of Parking Agreement Mejer Holding Inc. Schedule'A' Legal Description of"THE LANDS" S PT LT 2 PL 61 (SUBDIVISION OF LOT 11 N/S LAMBTON ST); PT LT 3 PL 61 (SUBDIVISION OF LT 11 N/S LAMBTON ST) PT 1, 3R6566; MUNICIPALITY OF KINCARDINE BEING ALL OF PIN 33309-0196(LT) PT LT 1 PL 61 (SUBDIVISION OF LT 11 N/S LAMBTON ST); PT LT 2 PL 61 (SUBDIVISION OF LT 11 N/S LAMBTON ST); PT LT 5 PL 61 (SUBDIVISION OF LT 11 S/S DURHAM ST); PT LT 12 N/S LAMBTON ST PL KINCARDINE PT 7, 8&9, 3R2259; MUNICIPALITY OF KINCARDINE BEING ALL OF PIN 33309-0195(LT) LT 4 PL 61 (SUBDIVISION OF LT 11 S/S DURHAM ST); PT LT 3 PL 61(SUBDIVISION OF LT 11 S/S DURHAM ST); PT LT 5 PL 61 (SUBDIVISION OF LT 11 S/S DURHAM ST); PT LT 1 PL 61 (SUBDIVISION OF LT 11 N/S LAMBTON ST) PT 1, 3R7364; MUNICIPALITY OF KINCARDINE BEING ALL OF PIN 33309-0194(LT) Owner will register an application to consolidate the parcels to one pin. • 410 4 From:Michele Barr To:Jennifer Lawrie Subject:FW: Site Plan agreement and parking agreement Date:November 6, 2020 11:05:47 AM Thank you, Michele Barr, M.A.A.T.O, CBO Director of Building and Planning Municipality of Kincardine 1475 Concession 5, RR5 Kincardine, ON N2Z 2X6 Ph: 519-396-3468 ext. 7126 Fax: 519-396-1430 Please visit http://www.kincardine.ca From: Owner <ashokdhir@bell.net> Sent: November-06-20 10:58 AM To: Michele Barr <mbarr@kincardine.ca> Subject: Re: Site Plan agreement and parking agreement Hello Michele, I agree Regards Ashok Dhir On Nov 6, 2020, at 10:29 AM, Michele Barr <mbarr@kincardine.ca> wrote: Hi Ashok, This email is to confirm that it was brought to the Municipalities attention that upon registration of these agreements your ĭƚƒƦğƓǤ͸ƭ name was incorrect on the front page. The Municipality can make this clerical change provided you are ok with the change on the required pages. Existing Agreements have Mejer Holdings Inc. and it should be Merjer Holding Inc. Please advise if you agree with the changes and we will send you copies once they are registered. Sorry for the inconvenience and if you would like to have further clarification please do not hesitate to contact me. Thank you, Michele Barr, M.A.A.T.O, CBO Director of Building and Planning Municipality of Kincardine 1475 Concession 5, RR5 Kincardine, ON N2Z 2X6 Ph: 519-396-3468 ext. 7126 Fax: 519-396-1430 Please visit http://www.kincardine.ca The information contained in this message is intended only for the person(s) named above and may not be otherwise distributed, copied or disclosed. The message may contain privileged, confidential or personal information which is subject to the provisions of the Municipal Freedom of Information and Protection and Privacy Act. If you have received this message in error, please notify the sender immediately and delete the message without making a copy. Thank you. Please consider the environment before printing this email. The information contained in this message is intended only for the person(s) named above and may not be otherwise distributed, copied or disclosed. The message may contain privileged, confidential or personal information which is subject to the provisions of the Municipal Freedom of Information and Protection and Privacy Act. If you have received this message in error, please notify the sender immediately and delete the message without making a copy. Thank you. Please consider the environment before printing this email.