HomeMy WebLinkAbout21 164 1858885 Ontario Ltd (2863 Bruce Road 15) Site Plan Agreement THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT
61)
NiY0FK1NG°������
BY-LAW
No.2021 -164
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A
SITE PLAN AGREEMENT WITH 1858885 ONTARIO LTD.
(Pine Tree Leisure Camping)
(2863 Bruce Road 15, Township of Kincardine)
WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Section 41, authorizes
municipalities to enter into Site Plan Agreements;
AND WHEREAS the Corporation of the Municipality of Kincardine passed a Site
Plan Control Bylaw No. 2021-074 designating the whole of the Municipality of
Kincardine as a Site Plan Control Area;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into a Site Plan Agreement with 1858885 Ontario Ltd.
for that property defined as:
PT LT 59-60 Con C KINCARDINE as in R114461, PT 1, 3R-1364; KINCARDINE,
Municipality of Kincardine (geographic Township of Bruce)
33293-0352(LT)
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Municipality of Kincardine enter into a Site Plan Agreement with
1858885 Ontario Ltd.for that property located at 2863 Bruce Road 15, more
particularly described as PT LT 59-60 CON C KINCARDINE as in R114461,
PT 1, 3R-1364; KINCARDINE, Municipality of Kincardine (geographic
Township of Bruce).
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 agreement with 1858885 Ontario Ltd. attached to this by-law
as Schedule "A", any acknowledgment and direction, as well as any other
documentation required and relating to the said Site Plan 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"1858885 Ontario Ltd(2863 Bruce Road 15)
Site Plan Agreement".
READ a FIRST and SECOND TIME this 131h day of October, 2021.
READ a THIRD TIME and FINALLY PASSED this 13'h day of October, 2021.
Gerry Glover IIIIII Jennifer Lawrie Illk'�'ll'k°°I III
VT4fyw th2fo.Nom A"VbeZReader" gn�dw th Ve�'fo.g0 ol�Atlobe Readeoi2) 'lll'l l'I Illlllllllll Illk'�'ll'°'°I'll l'lll' Ve, IIIIIIII
Mayor Clerk
This is Schedule " A " to By-Law
No Goat-I teL4i, sscd the 13 cl ;y
of 0 20,1-t
Mayor C1er
SITE PLAN CONTROL AGREEMENT
This AGREEMENT made this 13'14' day of 0406'r , 2021.
BETWEEN:
1858885 ONTARIO LTD.
(hereinafter called the "Owner")
OF THE FIRST PART
-and-
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(hereinafter called the "Municipality")
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, hereinafter referred to as the "Subject
Lands";
AND WHEREAS the Municipality has designated an area of site plan control within
the Municipality's jurisdiction in the Municipality's Site Plan Control By-Law passed
pursuant to Section 41 of the Planning Act, R.S.O., 1990, c.P.13, as amended,
hereinafter "Site Plan Control By-Law".
AND WHEREAS the Subject Lands are within the area of site plan control in the Site
Plan Control By-Law;
AND WHEREAS the parties hereto agree that the Subject Lands are affected by this
Agreement;
AND WHEREAS the Municipality requires the Owner to enter into this Agreement as
a condition of approval of the plans and drawings for the Owner's proposed
development on the Subject Lands; and
AND WHEREAS subsection 41(10) of the Planning Act authorizes the registration of
this Agreement against the lands to which it applies;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of
the mutual covenants, agreements, and promises herein contained and the sum of
ONE ($1.00) DOLLAR of lawful money of Canada now paid by each of the parties
hereto to the other (the receipt and sufficiency of which is hereby acknowledged)
and other good and valuable consideration, the parties hereto covenant and agree
as follows:
RECITALS
1. The foregoing recitals are true and accurate and shall form part of this
Agreement, and the terms defined therein shall bear the meanings indicated
throughout this Agreement.
Page 2
Site Plan Control Agreement
DEFINITIONS
2. In this Agreement and the Schedules attached hereto, the following terms shall
have the meaning set out below unless otherwise redefined or where the
subject matter or contract requires another meaning to be ascribed:
a. "Building Area" shall mean the only area upon which the erection and
use of buildings and structures shall be permitted.
b. "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.
c. "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 motor vehicles.
d. "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.
SCHEDULES
3. The following schedules, ("Schedules") are attached hereto and form part of
this Agreement:
Schedule 'A' - Description of Subject Lands
Schedule `B' - Approved Site Plan
Schedule 'C' — Special Site Development Requirements
Schedule `D' — Deposit/Security
EXECUTION, CERTIFICATION AND REGISTRATION
4. The Owner shall, at the time of execution of this Agreement by the Owner,
provide the Municipality with an opinion letter, directed to the Municipality and
signed by an Ontario solicitor in good standing, certifying that the Owner is the
sole owner of the Subject Lands and confirming whether there are any
mortgages or encumbrances affecting the Subject Lands.
5. The Owner hereby consents and authorizes the registration of this Agreement
by the Municipality's Solicitors against title to the Subject Lands in the Land
Registry Office for the County of Bruce (No.3), which shall be at the sole
discretion of the Municipality. The Owner agrees to pay any and all costs
associated with the registration of this Agreement or any other documents
pertaining to this Agreement.
6. The Owner hereby agrees to provide to the Municipality, prior to the execution
of this Agreement by the Municipality, a Postponement Agreement(s) whereby
any mortgage or encumbrancer, to the full extent of its interest in the Subject
Lands, consents to the registration of this Agreement, and to the registration of
the Postponement Agreement(s), and for itself, its successors and assigns,
subordinates and postpones all of its right, title, and interest in the Subject
Page 3
Site Plan Control Agreement
Lands to the terms, provisions, obligations and conditions contained in this
Agreement.
PAYMENT OF MUNICIPALITY'S COSTS
7. Every provision of this Agreement by which the Owner is obligated in any way
shall be deemed to include the words "at the expense of the Owner". The Owner
shall pay and reimburse the Municipality forthwith on demand, for all
administrative, planning, legal, engineering, inspections and/or other costs or
expenses whatsoever incurred by the Municipality, or any of its agents, in
connection with the development of the Subject Lands and/or in the preparation,
review, consideration, and enforcement of this Agreement, including the
Schedules attached hereto.
8. The Owner agrees to forthwith upon application to the Municipality for the
preparation of this Agreement, pay to the Municipality a deposit in the amount
referred to in Schedule "D" attached hereto (the "Deposit") to be used and
applied to accounts rendered to the Municipality by the Municipality's solicitor
and engineer for the costs referred to within this Agreement and any non-
refundable administration fee(s) retained by the Municipality in accordance with
its Fee By-law, as amended from time to time.
9. Invoices rendered by the Municipality's Solicitor and Engineer shall be submitted
directly to the Municipality for payment. The Municipality will submit the accounts
to the Owner for reimbursement from the funds held as referred to above so that
the initial amount is available for the Municipality at all times to pay further
invoices as received from time to time. If the Owner fails within a period of twenty
(20) days from the date of mailing of accounts to reimburse the Municipality for
invoices submitted, it is understood that the Municipality, in addition to any and all
other remedies it may have, may also draw on the security provided by the
Owner required by Paragraphs 11 and 12 of this Agreement.
10. The parties agree that all funds required under this Agreement will be held by the
Municipality in a Special General Account without interest.
SECURITY
11. 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.
12. 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.
Page 4
Site Plan Control Agreement
13. 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.
14. 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.
15. 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.
16. 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
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.
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 Municipality and the Owner shall
pay all costs of such reconstruction or repair.
INSURANCE
18. If requested by the Municipality, 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' written 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 required by the Owner
under this Agreement in completed 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.
RELEASE AND INDEMNIFICATION
Page 5
Site Plan Control Agreement
19. The Owner agrees that the Municipality shall not be liable to compensate the
Owner, occupant, or any other person having an interest in the Subject Lands by
reason of anything done by or on behalf of the Municipality under this Agreement.
20. 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.
21. The Owner hereby covenants and agrees to waive any right or entitlement it may
have to any action, cause of action, losses, liens, damages, suits, judgments,
orders, awards, claims or demands whatsoever against the Municipality, its
Council, employees, workers, agents, contractors, and consultants, and further
covenants and agrees to indemnify and save harmless the Municipality, its
Council, employees, workers, agents, contractors, and consultants from and
against all actions, causes of action, losses, liens, damages, suits, judgments,
orders, awards, claims and demands whatsoever, whether the same shall be with
or without merit, and from all costs to which the Municipality, its Council,
employees, workers, contractors, and consultants, may be put in defending or
settling any such action, causes of actions, suits, claims or demands, which may
arise either directly or indirectly by reason of, or as a consequence of, or in any
way related to the Owner developing the Subject Lands, including without
limitation, the installation, maintenance, repair and/or operation of any facilities
therein.
22. Without limiting that set out above, the Owner shall at all times indemnify and
save harmless the Municipality of and from all loss, costs and damages which the
Municipality 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 priority lien and charge upon the
Subject Lands.
SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
23. The Owner shall undertake development on the Subject Lands at its sole
expense and in conformity with the site plan identified in Schedule "B"
attached hereto, which shall hereinafter be referred to as the "approved site
plan" and agrees to construct all off-site works as shown on the approved
drawings referred to in Schedule "B" attached hereto.
24. The Owner shall employ engineers or architects registered in Ontario or other
competent persons to:
(a) Prepare designs;
(b) Prepare and furnish all required site plan drawings including but not limited
to, site services, site grading, stormwater management, landscaping, and
site lighting;
(c) Provide contract administration and on-site supervision of the construction,
all site services and stormwater management facilities;
(d) Provide as built drawing for site services;
(e) Provide testing and disinfection documentation for installed services;
(f) Prepare and provide the Municipality, at the Owner's expense, with a
certificate or letter of compliance confirming that the site works have been
constructed in general conformance of the approved drawings and that
the installation of water services, sanitary service and stormwater
infrastructure confirms to the Ontario Building Code and with the
requirements within this Agreement and Schedules attached hereto. The
certificate shall include the following wording:
Page 6
Site Plan Control Agreement
"Based on our review, I/we confirm that all Work has
been constructed in general conformance to the design
drawings, and that water services and sanitary services
have been constructed in accordance with the
requirements of the Ontario Building Code."
(g) And such other matters as requested by the Municipality, acting
reasonably.
All of the matters referred to in this paragraph shall be completed to the
Municipality's satisfaction and may be waived by the Municipality, at its sole
discretion.
25. The Owner agrees to provide, install or otherwise abide by, at its sole expense,
the special site development requirements detailed in Schedule "C" attached
hereto.
26. The Owner agrees to apply for a building permit within six (6) months from the
date of this Agreement. Such application shall ensure completeness in
accordance with the provisions as set out in the Ontario Building Code (O.Reg.
332/12). This Agreement is null and void if the Owner fails to supply a complete
application for permit within the prescribed time unless otherwise authorized by
the Chief Building Official.
27. 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. The
Subject Lands shall not be used in any manner which will impede or prohibit
performance of the maintenance provided for in this Agreement.
28. 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" — special site development requirements, and all
other requirements pursuant to this Agreement,
29. 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 "B", and further the Owner is
responsible for garbage removal.
30. The Owner agrees that proper receptacles will be used for recycling and placed
curbside to be picked up in conjunction with the municipal recycling program.
The Owner agrees to separate paper, glass, plastic and cans, and box board in
accordance with the provisions of the recycling program. The Owner further
agrees to flatten and dispose of corrugated cardboard at the designated depo.
31. 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 for or where melt water would
adversely affect an abutting property.
32. The Owner agrees to maintain in good repair to the standards acceptable to
the Municipality at its own expense all Landscaped Open Space, private
driveways and complementary facilities, and private approach sidewalks which
are located on untravelled portions of Municipal road allowances abutting the
Subject Lands.
33. The Owner agrees to do the following:
Page 7
Site Plan Control Agreement
a. Subject to the Public Transportation and Highway Improvement Act,
R.S.O. 1990, facilities to provide access to and from the Subject Lands
such as access ramps, curbing and traffic direction signs;
b. To dedicate to the Municipality, free and clear of all encumbrances, all
easements and land 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;
and
c. To dedicate to the Municipality, where required by Municipal bylaw, any
land for the widening of highways that abut the Subject Lands free and
clear of all encumbrances.
34. Upon completion of the development of the Subject Lands in conformity with
the provisions of this Agreement, the Chief Building Official will confirm in
writing that the terms of the Agreement have been satisfied ("Letter of
Confirmation"). Confirmation from the Chief Building Official shall not be
deemed to certify compliance with any other municipal requirements,
regulations, or by-laws, and the Municipality shall not be estopped from
pursuing any or all 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.
35. Until the issuance of a Letter of Confirmation by the Chief Building Official, 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.
36. Upon execution of this Agreement, and if required by the Municipality, the
Owner shall enter into any other agreements or sign any other documents the
Municipality deems necessary.
NOTICE
37. If any notice is required to be given by the Municipality to the Owner with
respect to the Agreement, such notice shall be delivered to:
1858885 Ontario Ltd.
5564 HWY 21
Port Elgin, ON
NOH 2C6
Attention: Jason Queenen
Email: kenorus(c�bmts.com
or may be given to the Owner by prepaid registered mail, facsimile transmission
or by electronic mail transmission. Any notice sent by electronic mail
transmission or facsimile transmission shall be deemed effective on the day sent.
If given by prepaid mail, it shall be deemed to have been delivered on the fifth
(5th) business day after mailing.
If notice is to be given by the Owner to the Municipality it shall be similarly given
to:
The Corporation of the Municipality of Kincardine
1475 Concession 5
R.R.#5
Kincardine, ON N2Z 2X6
Attention: Clerk
Email: clerk@kincardine.ca
Facsimile: 519-396-8288
Page 8
Site Plan Control Agreement
GENERAL PROVISIONS
38. All of the requirements referred to in this Agreement including the Schedules
hereof shall be completed to the sole satisfaction of the Municipality with respect
to the timing for completion of it and with respect to the quality thereof.
39. The Owner hereby grants to the Municipality, its employees, workers, agents, and
contractors a license to enter the Subject Lands for the purpose of inspection of
the works or for any other purpose pursuant to the rights of the Municipality under
this Agreement.
40. Any transfer or assignment of this Agreement by the Owner or its successors
without the prior written consent of the Municipality shall not act as a release of
the Owner's or its successors' obligations under this Agreement. At the
Municipality's sole option and discretion, the Municipality may require any
successors or assignees of the Owner to enter into a further Site Plan Control
Agreement with the Municipality, including but not limited to, providing any
security required herein as Owner. If the Owner is a corporation, any change in
which the Owner becomes controlled, directly or indirectly, by a different person
or persons from the person or persons that controlled, directly or indirectly, the
Owner at the date of execution of this Agreement shall constitute an assignment
or transfer for the purposes of this Paragraph. Notwithstanding this Paragraph
40, if any conflict should arise due to this Paragraph and Paragraph 50 herein,
Paragraph 50 shall supersede and prevail.
41. The Owner shall not call into question in any proceedings, directly or indirectly,
whatsoever in law or in equity or before any administrative tribunal the right of the
Municipality to enter into this Agreement and enforce each and every term,
covenant and condition herein contained. This Agreement may be pleaded as an
estoppel against the Owner in any such proceedings.
42. Nothing within this Agreement shall relieve the Owner from complying with all
applicable municipal, provincial and/or federal requirements.
43. If any term, covenant or condition of this Agreement or the application thereof to
any person or circumstance shall, to any event, be invalid or unenforceable, the
remainder of this Agreement, or the application of such term, covenant, or
condition of this Agreement shall be valid and enforced to the fullest extent
permitted by law.
44. Should any provisions of this Agreement require judicial interpretation,
mediation or arbitration, it is agreed that the court, mediator or arbitrator
interpreting or construing the same shall not apply a presumption that the terms
thereof shall be more strictly construed against one Party by reason of the rule
of construction that a document is to be construed more strictly against the
Party who itself or through its agent prepared the same, it being agreed that
both Parties, directly or through their agents have participated in the
preparation of this agreement.
45. This Agreement shall be construed in accordance with and governed by the laws
of the Province of Ontario.
46. The terms of this Agreement may be amended, altered, substituted, deleted,
replaced, or added to only if such modification is in writing, signed by both parties
and expressly stated to be a modification of this Agreement.
47. Headings in this Agreement shall not to be considered part of this Agreement and
are included solely for the convenience of reference. They are not intended to be
full or accurate descriptions of the contents thereof.
48. In this Agreement the use of the singular number includes the plural and vice
versa and the use of any gender includes all genders.
Page 9
Site Plan Control Agreement
49. The Owner acknowledges that the Owner has been advised to consult a lawyer
before executing this Agreement. The Owner represents and warrants that the
Owner has either obtained independent legal advice from the Owner's own
lawyer with respect to the terms of this Agreement prior to execution or
declined seeking such independent legal advice. The Owner represents and
warrants that the Owner has read this Agreement and understands the terms
and conditions and the Owner's rights and obligations under this Agreement
and agrees to be bound by it.
50. This Agreement shall ensure to the benefit of and be binding upon the parties
hereto and their respective heirs, administrators, executors, successors,
successors in title, and assigns. The covenants, provisions, and conditions
herein shall be of the same force and effect as a covenant running with title to the
Subject Lands. The Municipality shall be entitled to enforce the provisions hereof
against the Owner and all subsequent owners of the Subject Lands.
51. 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.
52. Time shall remain of the essence.
53. Once all parties have signed this Agreement, any and all other documents
required to be signed by this Agreement or to give effect to this Agreement
shall be executed by the Mayor and Chief Administrative Officer for the
Municipality and once signed, shall be binding on the Municipality.
54. Notwithstanding paragraph 53, the Municipality's Chief Administrative Officer is
authorized to agree to and execute on behalf of the Municipality, minor
variations to provisions of this Agreement. Any and all substantial variations to
this Agreement must be approved by Kincardine Council and presented as a
Site Plan amendment to this Agreement.
55. If the entirety of this Agreement becomes null and void, the by-law authorizing
this Agreement shall be repealed and the Mayor and Chief Administrative
Officer shall be authorized to sign a release of this Agreement.
56. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original and all of which
taken together constitute one agreement. Delivery of an executed counterpart
of this Agreement by facsimile or transmitted electronically in legible form,
including in a tagged image format file (TIFF) or portable document format
(PDF), shall be equally effective as delivery of a manually executed counterpart
of this Agreement.
Page 10
Site Plan Control Agreement
IN WITNESSETH WHEREOF the parties have hereunto set their hand and seal.
SIGNED, SEALED AND DELIVERED
1858885 Ontario Ltd
IWLQJ
J
Darnelle Queenen
President
I have authority to bind the Corporation
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
c‘"\A, ,‘_,td<j
Gerry Glover
Mayor
L .
Roxana Baumann
Acting Chief Administrative Officer
We have authority to bind the
Corporation
Page 11
Site Plan Control Agreement
SCHEDULE "A"
Description of the Subject Lands
ALL AND SINGULAR that certain parcel or tract of land in the County of Bruce,
Province of Ontario, and composed of:
33293-0352 (LT)
PT LT 59-60 CON C KINCARDINE AS IN R114461, PT 1, 3R1364; KINCARDINE
Page 12
Site Plan Control Agreement
SCHEDULE "B"
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.
List Approved Plans
Existing Conditions—01869-SP1 — Cobide Engineering — September 24, 2021
Zoning Plan —01869-ZP1 — Cobide Engineering — September 24, 2021
Erosion and Sediment Control Plan —01869-ESC1 — Cobide Engineering —
September 24, 2021
General Servicing Plan 1 —01869-C1 — Cobide Engineering — September 24, 2021
General Servicing Plan 2 —01869-C2 — Cobide Engineering —September 24, 2021
Main Street & Maple Street Plan and Profile — 01869-C3 — Cobide Engineering —
September 24, 2021
Sewage Pump Station & Miscellaneous Details 1 —01869-C4 — Cobide Engineering
— September 24, 2021
Sewage Pump Station & Miscellaneous Details 2 —01869-05 — Cobide Engineering
— September 24, 2021
Sewage Pump Station & Miscellaneous Details 3 —01869-C6 — Cobide Engineering
— September 24, 2021
Miscellaneous Details 4 —01869-C7 — Cobide Engineering — September 24, 2021
Sewage Pumping Station Design Brief— Cobide Engineering — March 2021 (as
amended via Comments Letter dated July 12, 2021)
Functional Servicing Report— Cobide Engineering — March 19, 2021 (as amended
via Comments Letter dated July 12, 2021)
Page 13
Site Plan Control Agreement
SCHEDULE "C"
SPECIAL SITE DEVELOPMENT REQUIREMENTS
1. The Owner agrees that the completion date for all work required pursuant to
this agreement shall be June 30, 2023 and provide the Municipality with as
constructed drawings for site services.
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. Upon completion, the Owner shall submit a Final Grading
Certificate completed by a Professional Engineer.
3. The Owner agrees that any floodlighting installed, erected or constructed on
the Subject Lands shall be installed in such a manner so as to deflect light
away from adjacent streets and properties or controlled in such manner to
reduce and/or minimize any glare to the adjacent streets and properties.
4. The Owner shall ensure that during development of the Subject Lands,
appropriate devices are installed and measures are taken to prevent
unreasonable erosion of soil from the Subject Lands by wind or water, and
the Owner agrees to comply with all requests of the Municipality's Chief
Building Official and/or Engineer in this regard, acting reasonably.
5. The Owner shall provide all records relating to the testing of municipal water
mains and sanitary sewers to the Municipality prior to connection to the
Municipal system. The Municipality will conduct Bacteriological sampling for
the watermain at the Owner's expense.
6. The Owner shall 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 comply with any and all requirements of the
Municipality's Director of Infrastructure and Development 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, 1992, S.O. 1992, c.23, and regulations thereunder.
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 on the Subject Lands shall be
accessible and therefore 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 county
road into the site approx. 40m with asphalt acceptable to the County's
Transportation and Environmental Services Department and/or
Municipality's Engineer.
Page 14
Site Plan Control Agreement
iii. removal of existing driveways which are not to be used with
replacement by appropriate landscaping as detailed above.
11.The Owner agrees to provide payment for Development Charges in
accordance with the Municipality's current Development Charges By-law.
12.In accordance with the current Municipality's Parkland Dedication By-law
passed pursuant to the Planning Act, land shall be dedicated in the amount of
five percent (5%) of the net land area. The Municipality, at its sole discretion,
may accept payment of money up to the value of the land in lieu of parkland.
The Owner agrees to provide Payment in-lieu of Parkland in the amount of
$8,600 prior to the execution of this Agreement by the Municipality.
13.As part of its ongoing obligations on the site the Owner acknowledges that the
stormwater management facilities, catch basins and will require maintenance.
The Owner 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 Owner 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.
14.As part of its ongoing obligations on the site the Owner acknowledges that
that fire hydrant will require maintenance. The Owner agrees to maintain,
repair, or if needed replace the hydrant and other appurtenances to ensure
the integrity of its operation. The Owner further agrees that the Municipality or
its agents will have the right to inspect and flush the hydrant in order to
comply with its maintenance obligations.
Page 15
Site Plan Control Agreement
SCHEDULE "D"
DEPOSIT/SECURITY
Deposit (as per paragraph 8): $5,000
Security
As per paragraphs 11 and 12: $265,900
On-site Services Expansion Works
Amount
Sanitary Sewers $303,776.50
Watermain and Appurtenances $227,977.50
Total $531,754
50% (rounded) $265,900