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HomeMy WebLinkAbout21 163 Kincardine Super Storage (Pt of Lt C Con A) Site Plan Agreement Amendment (2) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW No. 2021 – 163 A BY-LAW TO AMEND BY-LAW NO. 1988-053, BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT WITH WAYNE AND MARY PESTILL’ (Part of Lot C, Con A) WHEREAS the Ontario Planning Act, RO.S..1 990, P. 13, Section 41, authorizes municipalities to enter into Site Plan Agreements; AND WHEREAS with the passage of By - law No. 1988 — 053, the Council of The Corporation of the Town of Kincardine entered into a site plan agreement with Wayne and Mary Pestill for that property described as part of Lot C, Concession A; Municipality of Kincardine in the County of Bruce; AND WHEREAS with the passage of By-law No. 2010-021, the Council of the Municipality of Kincardine approved the amendment to Schedule ‘B’ of the Site Plan Agreement to allow for an additional structure on the property; AND WHEREAS a further amendment to By-law No. 1988-053, Schedule ‘B’ as amended by By-law 2010-021 of the Site Plan Agreement, is required; AND WHEREAS an amendment to By-law No. 1988-053, to add Schedule ‘D’ to the Site Plan Agreement, is required to outline the required securities for on-site works; AND WHEREAS an amendment to By-law No. 1988-053 to add Schedule ‘E’ to the Site Plan Agreement is required to confirm the authorization land owner; AND WHEREAS the Council of the Municipality of Kincardine deems it advisable to amend By-law No. 1988-053 as further amended by By-law 2010-021, to include Schedule ‘B’, Schedule ’D’ and Schedule ‘E’ to allow for the requested change; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Corporation of the Municipality of Kincardine further amend Schedule ‘B’ of the said Site Plan Agreement to include: a. Kincardine Super Storage Lot Grading and Drainage Site Sketch – D. Culbert Ltd – Oct 1, 2021 b. Stormwater Management Report – Kincardine U-Store-It – 167 Mahood Johnston Drive – Gamsby and Mannerow Limited – September 2009 2. That it be amended to include Schedule ‘D’ Deposit/Security in forming part of the By-law. 3. This By-law shall come into full force and effect upon its final passage. 4. This By-law may be cited as the “Kincardine Super Storage (Pt of Lt C Con A) Site Plan Agreement Amendment (2) By-law.” Page 2 of 2 Kincardine Super Storage (Pt of Lt C Con A) Site Plan Amendment By-law. By-law By-law No. 2021 - 163 READ a FIRST and SECOND TIME this 13th day of October, 2021. READ a THIRD TIME and FINALLY PASSED this 13th day of October, 2021. Mayor Clerk Nets e is Schedule' 1J •to By-law No.02c2-1-I 103 passed the 12 day of SCHEDULE "B" � '�e 20 a . APPROVED SITE PLAN The "approved site plan" shall be the plan(s) drawn by an engineer, architect or competent person and marked as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes from time to time marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site plan", as amended from time to time, shall be filed with the Clerk at the municipal office of the Municipality. Kincardine Super Storage Lot Grading and Drainage Site Sketch — D. Culbert Ltd — Oct 1, 2021 Stormwater Management Report — Kincardine U-Store-It — 167 Mahood Johnston Drive — Gamsby and Mannerow Limited — September 2009 Page 2 Site Plan Control Amendment to By-law No. 1988-053 SCHEDULE "D" This is Schedule" "to By-law No. I-1e3 passed the i3 day DEPOSIT/SECURITY of Cc 'oh2 20, SECURITY 1. In order to guarantee compliance with all conditions contained within this Agreement and to ensure completion, the Owner covenants and agrees to deposit with the Municipality prior to or upon execution of this Agreement, a letter of credit or other acceptable security as the Municipality may deem satisfactory in the amount(s), as provided in Schedule `D', hereinafter referred to as the "Security". Securities where provided through a Letter of Credit shall be for a minimum guaranteed period of one (1) year or such longer time as the Municipality may decide. All Letters of Credit shall contain the following clause: "It is a condition of the Letter of Credit that it shall be deemed to automatically extended without amendment from year to year from the present or any future expiration date thereof, unless thirty (30) days prior to the present or any future expiration date, we notify you in writing by registered mail that we may elect not to consider this Letter of Credit to be renewable for any additional period." Unless each and every Letter of Credit is renewed as noted, the Municipality shall have the absolute right to refuse to issue building permits and to prohibit occupancy, whether partially or full completed, from the said thirty (30) days prior to the expiration of the Letter of Credit. 2. The Security shall be calculated based on the following: a. 100% of all costs associated with any off-site servicing or works; and b. 50% of all costs to give the Municipality sufficient comfort that all site works, including landscaping and all stormwater management works are completed. 3. The Security may be reduced by the Municipality as the works are completed in the sole discretion of the Municipality but will be released once all conditions of this Agreement are satisfied, as determined by the Municipality. 4. The Owner covenants and agrees that the Security shall be kept in full force, and that it will pay all premiums as they become due. The Owner hereby acknowledges and agrees that should there be a deficiency in or failure to carry out work or matters required by this Agreement, and the Owner fails to comply within thirty (30) days' written notice or with a direction to carry out such work or matter, the Municipality may draw upon the Security. 5. Where the Owner is required by this Agreement to do work and where such work is not done by the times stipulated herein (the "Prescribed Time Period') or where the Owner does not otherwise abide by this Agreement, the Security shall be forfeited absolutely to the Municipality as liquidated damages and not as a penalty. It is expressly agreed that it is difficult to calculate the damages which would result from the Owner's failure to construct the services stipulated by such dates. The liquidated damages are not intended to be a penalty but rather represent the parties' best estimate of damages. 6. 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 Municipality, its employees, workers, agents, and contractors shall have the right after thirty (30) days' written notice to the Owner to enter onto the Subject Lands 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 Municipality deems necessary in its sole discretion, and all expenses incurred by the Municipality in doing such works shall become a charge against the Subject Lands, and may be added to the Collector's Tax roll and Page 3 Site Plan Control Amendment to By-law No. 1988-053 collected in a like manner as unpaid municipal taxes or may be recovered by court action. Any action taken by the Municipality shall not be deemed to be an assumption by the Municipality of any liability in connection with the development of the Subject Lands, nor a release of the Owner from any of its obligations under this Agreement. 7. 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 Municipality and the Owner shall pay all costs of such reconstruction or repair. Security As per paragraphs 1 and 2: $25,000 On-site Works Amount Water Main with Fire Hydrant $49,980.00 Stormwater Work Total $49,980.00 50% (rounded) $25,000.00 IN WITNESSETH WHEREOF the parties have hereunto set their hand and seal. SIGNED, SEALED AND DELIVERED Kincardine Super Storage Inc. 7r. Klaas Jorritsma President I have authority to bind the Corporation THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Gerry lover Mayor Roxana Baumann Acting Chief Administrative Officer We have authority to bind the Corporation ACKNOWLEDGEMENT AND DIRECTION TO: Tammy W. Grove-McClement AND TO: The Ross Firm RE: Notice of Site Plan Agreement Amendment— PT LT C CON A TWP KINCARDINE, PT 3 3R8425 & PTS 1, 2 & 3 3R4147 EXCEPT PT 1 3R-8425 33318-0113 LT This will confirm the following: 1. I/We have reviewed the information set out below and attached and the information is accurate. 2. You, your agent or employee are authorized and directed to sign, deliver, and/or register electronically on my/our behalf the document(s) described in this Acknowledgment and Direction as well as any other document(s) required to complete the transaction described above. 3. You are hereby authorized to insert any information that may be required in the electronic documents described in this Acknowledgment and Direction that may not be available to you at the time of execution of this Acknowledgment and Direction. 4. The effect of the electronic documents described in this Acknowledgment and Direction has been fully explained to me/us and I/we understand that I/we are parties to and are bound by the terms and provisions of these electronic documents to the same extent as if I/we had signed these documents. 5. I am/We are, in fact, the parties named in the electronic documents described in this Acknowledgment and Direction and I/we have not misrepresented our identities to you. 6. I/We hereby authorize you to make any minor, non-material alterations that may be required by the Land Registry Office or any governmental agencies or governmental authorities to effect certification of the electronic documents described in this Acknowledgment and Direction by the Land Registry Office. 7. This Acknowledgment and Direction may be executed in counterpart and each such counterpart shall, for all purposes, constitute one document binding on all parties hereto, notwithstanding that all parties are not signatories to the same counterpart, provided that each party has signed at least one counterpart. 8. Execution of the Acknowledgment and Direction by facsimile transmission or by e-mail shall be binding upon each party hereto and upon the party so signing by facsimile or e- mail transmission. DESCRIPTION OF DOCUMENT: Site Plan Agreement Amendment Date: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Per: Na e: Gerry Glover Title: Mayor Per: Name: Roxana Title: Acting CAO We have authority to bind the Corporation.