HomeMy WebLinkAboutKIN 89 060 SP Agree Bru country
.
.
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW 1989-60
A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN
AGREEMENT WITH THE BRUCE COUNTY BOARD OF EDUCATION FOR
THE PROPERTY COMPOSED OF PART OF PARK LOT 2, WEST OF
HURON ROAD, TOWN OF KINCARDINE, COUNTY OF BRUCE
WHEREAS the Council for The Corporation of the Town of Kincardine
deems it expedient to enter into a site plan agreement with the
Bruce County Board of Education concerning the property comgosed
of Part of Park Lot 2, west of Huron Road, Town of KlncarBine,
County of Bruce,
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1. The mayor and clerk are hereby authorized to execute, on
behalf of The Corporation of the Town of Kincardine, the
attached site plan agreement with the Bruce County Board of
Education concerning the property described as Part of Park
Lot 2, west of Huron Road, Town of Kincardine, County of
Bruce and being more particularly described as Parts 7 - 11
OCl RP 3R-1544.
2. The clerk is hereby authorized to register this agreement
against the subject property.
3. This by-law shall come iClto full force aCId effect UpOCl its
final passage.
~~
SECOND TIME this 1st day of Ma
1989.
Mayor
READ a THIRD time aCId FINALLY PASSED this Ilthday of May
1989.
). LuJd t91a1in
Mayor
......
erk
-' -
---~;.;.:-~:~ :':
"- .
~,' ---.
~ PJoyince
~V~Of
-:=:- Ontario
Document General
Fonn 4 - Land Ro.,¡Iob........ AeIonn Ac~ 1984
o
256d96
Number
CERTIFICATE OF REGISTRATION
~ JuN -2 Pi :02
-~~~ '
~
BRUCE
No.3
WALKERTON
Land Registrar
II..
0'
~
New property Identifiers
Additional:
~-'Ie D
~
Additional:
See
Schedukt
(8) ThIs Document __ as follows:
(1) AegIotJy ¡g
(3) P-'Y
ht....IIfIeoi.)
Land TItIaa D (2) Page 1 of 9
Block Property
Additional:
See D
_Ie
pages
(4) N...... 01 Document
n_l' [ Site Plan Agreement
(5) Consld_.Auon
Not Applicable Dollars $
(6) Duøtp_
own of Kincardine, County of Bruce, Province of
ntario and composed of Part of Park Lot 2, west
of Huron Road, Town of Kincardine, County of
Bruce and being more particularly described as
Parts 7 - 11, Reference Plan 3R-1544.
D
(7) ThIs
D~mI4'd
~
I: (b) Schedule for:
Additional
D! Description D Parties D Other g
(a) R_ption
New E-..ent
PlanlSketch
'Ill\! Tð~u õf RihGðràiI.é! 1,êr~bJ Aþþliëb (ö¡ tl,~ éuL¡., v[ ¿. HvL~("ë òf 3~L~ Pl~ul
Al:,l.. L--.UI.....u L ':'1.1 &. '-,;)p~....l v[ LlI.'I;; ;:)c¡";'d laud;:).
Site Plan Agreement attached as Schedule "A".
(8) ThIs D_ _ to _ment numbef(.)
(10) Party(laa) (Set out Status or Interast)
Name(s)
THE CORPORATiON OF THE
................ ,.................
TOWN OF KINCARD1NE
Continued on Schedule D
. -
" ,.
....-...
re(s) -_ Date of Signature
-_ Y M D
- _ ~189 bs : 31
aw·.ic::'·CI·~ ,_-1'. ·f...~·'··:··.¡.··
.. . . . . . .. . .'. ;::____. . .~~<-~l~. .. ¡i . . J . .
'. .1..'-- -- ,.--1 '
.,¡- '.-- , :
.-...:.....- : :
, "
. . . . . . . . . . . . . . . . . . . . . ~ . . . . . . : . . . . . I . . . . . .
, "
. "
, "
j i!
................ ,... ,........................
(11) Addraaa
lor sorvtce
707 Queen Street, Kincardine, Ontario N2Z lZ9
(12) Party(laa) (Set out Slatus or Interest)
Name(s)
THE BRUCE COUNTY BOARD OF EDUCATION
Signature(s)
Date of Signature
Y M D
,
,
: :
:::::::::: ::: ::::::: :::::: ::::::::¡::: ::'::::::
!
............. ....................¡..... . .....
............................................ .
............................................ .
........ ,_............. -..................
(13) Addraaa
lor Sentca
Box 190, Chesley, Ontario
F_ and Tax
(14) Municipal Addraaa 01 Properly
Russell Street
Kincardine, Onto
"'T~_.____ __.. ....".._.... 1:_:......
(15) Document Prepaoed by:
Ronald R. Shaw
Clerk-Administrator
Town of Kincardine
707 Queen Street
KINCARDINE, Onto
N2Z lZ9
I
~
Z Registration Fee
o
w
f/)
:J
w
o
¡¡:
II..
o
a:
o
II..
I
Total
ADriI. 1985-
y
"
-....
.
.
...".... .
--
SCHEDULE "A"
Page 2 of 9
. ~
THIS AGREEMENT made in triplicate this 11th day of
1989 .
May
,
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
THE BRUCE COUNTY BOARD OF EDUCATION
hereinafter called the "Owner"
of the Second Part.
SITE PLAN AGREEMENT
WHEREAS the Owner represents that he is the registered owner of
those lands in the Town of Kincard~ne, 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
th~s agreement are as set out in Schedule "A" attached hereto,
AND WHEREAS the Town has enacted a Site Plan Control Area By-law
pursuant to the provisions of Section 40 of The Planning Act,
S.O., 1983, Chapter 1, as amended,
AND WHEREAS the covenants in this agreement are binding upon the
Owner and when registered on title are binding upon all
successors in title;
AND WHEREAS the owner in title may enter into an agreement with
the Town amending the terms of this agreement;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of
the approval of the plans tor the development on subject parcel
of land by the Town and the sum of ONE ($1.00) DOLLAR, the
rece~pt of which is hereby admitted, the Owner for himself and
for all successors in t~tle, HEREBY AGREES with the Town as
follows:
PART A - GENERAL PROVISIONS
1. The parties to this agreement hereby agree that the Owner as
herein stated is the registered owner of those lands
described in Schedule "A" to this agreement and the lands
affected by this agreement are as described in Schedule "A"
to this agreement, hereinafter called the "subject lands".
2.
The Owner for himself and all successors in title hereby
releases the Town, its servants, agents and contractors from
any and all liability in respect of the proper maintenance
and operat~on of the matters and facilities required by this
agreement and shall indemnify the Town in respect of any
loss or damage to any person or property entering the
"subject lands· under the terms of this agreement.
3. The Owner agrees to allow the Town at its sole expense and
in its sole discretion to register or deposit this agreement
in the Registry Office for the County of Bruce against the
"subject lands."
r-;'
...~ ....-
.
.
"
Page 3 of 9
-2-
4.
The Owner will at all times il'ldeml'lify al'ld save harmless the
Town from all loss, costs al'ld damages whi"ch the Towl'l may
Suffer, be at or be put to, for or by reasol'l of, or Ol'l
accoul'lt of the constructiol'l, mail'ltel'lance or existence of
pavemel'lts, curbs, plal'ltil'lgs al'ld other improvements UpOl'l the
untravelled portiol'ls of road allowal'lces where the same are
required by this agreemel'lt to be provided by or at the
expel'lse of the Owner al'ld such indemnity shall constitute a
fi"rst liel'l al'ld charge UpOl'l the "subject lands".
5. The Owner shall not call il'lto question directly or
indirectly in any proceedings whatsoever in law or il'l equity
or before al'lY administrative tribunal the right of the Town
to enter il'lto this agreement and to el'lforce each and every
term, covenant and cOl'ldition hereil'l cOl'ltail'led al'ld this
agreement may be pleaded as al'l estoppel against the OWl'ler il'l
any such proceedings.
6. The clauses of this agreemel'lt are il'ldepel'ldel'lt and severable
and the striking dowl'l or invalidatiol'l of al'lY ol'le or more of
the c·lauses does l'Iot il'lvalidate all or al'lY of the remail'ling
clauses.
7. Nothil'lg il'l this agreemel'lt shall relieve the OWl'ler from
complying with all applicable mUl'licipal requiremel'lts.
8. The Owner hereby grants to the Town, its servan ts, agen ts,
and contractors a licel'lse to el'lter the "subject lands" for
the purpose of inspectiol'l of the works and the "subject
lal'lds" or for any other purpose pursual'lt to the rights of
the Towl'l under this agreement.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
9. The Owner agrees to ul'ldertake development Ol'l the "subject
lands", at his sole expel'lse, il'l cOl'lformity with the site
plan as detailed in Schedule "a" attached hereto, which
shall hereil'lafter be referred to as the "approved site
plan".
10. The Owner agrees to provide, install or otherwise abide by,
at his sole expel'lse, the site developmel'lt requiremel'lts as
detailed in Schedule "C" attached hereto.
11. a)
Upon completion of the developmel'lt of the "subject
lands" in cOl'lformity with the provisions of this
agreemel'lt, the Town shall issue a certificate of
complial'lce.
b)
·Certificate of Compliance" shall meal'l a statemel'lt of
the Town as to the substal'ltial completiol'l of the works,
matters and facilities required by this agreemel'lt and
shall l'Iot be deemed to certify compliance with al'lY
other mUl'licipal requiremel'lts, regulatiol'ls, or by-laws,
and the Towl'l shall l'Iot be estopped from pursuing any or
all of its rights to el'lforce the cOl'ltinuing obligations
of the OWl'ler ul'lder this agreemel'lt or to el'lforce al'lY
other of the Towl'l's requirements, regulations or by-
laws which relate to the subject lands.
12. The Owner hereby acknowledges that fatlure to complete all
required works withil'l the specified time period shall meal'l a
certificate of complial'lce will l'Iot be issued until such work
necessary to complete the developmel'lt is dOl'le, al'ld that
until such certificate of complial'lce has beel'l issued, in the
event that the prescr ibed time per iod has lapsed, the Towl'l
has the right to refuse issuance of al'lY permit necessary to
carry out any additiol'lal work on the "subject lands."
Page 4 of 9
"". .'''.,., ~.......
-3-
.
13. All maintenal'lce and repair of facilities al'ld matters
required by this agreement shall be dOl'le by the OWl'ler from
time to time at his sole risk and expense and the OWl'ler
agrees the "subject lands" will l'Iot be used in any mal'll'ler
which will impede or prohibit performal'lce of the mail'ltel'lance
provided for in this agreemel'lt.
14. The OWl'Ier agrees to mail'ltail'l il'l good repair and at his sole
expense the "subject lal'lds" il'l cOl'lformity with the
provisions of Schedule "B" (approved site plal'l) and Schedule
"c" (site developmel'lt requiremel'lts), al'ld all other
requirements pursual'lt to this agreemel'lt, al'ld all repair or
maintel'lance shall cOl'lform with the requirements of this
agreement as it applied to the original developmel'lt.
15. The Owner agrees that all vaults, contail'ler, collection bil'ls
al'ld other facilities which may be required for the storage
of garbage and other waste material shall be kept withil'l a
completely enclosed buildil'lg or a completely el'lclosed
contail'ler il'l the locatiol'l as showl'I Ol'l Schedule "B".
16. The Owner agrees that, at his sole expense, all parkil'lg
areas provided Ol'l the "subject lal'lds" shall be reasonably in
all circumstances, maintained clear of snow so as not to
prohibit or block or in al'lY way restrict access along al'lY
dr iveway, walkway for vehicular and pedestrian traffic or
reduce the l'Iumber of useable parkil'lg spaces be low the
minimum number of spaces required by the Town's zOl'lil'lg by-
law. The OWl'ler agrees l'Iot to store Sl'lOW on-site such that
it blocks visibility adjacent to a street or drail'lage
facilities on-site or where adequate drail'lage facilities are
not provided or where melt water would adversely affect al'l
abutting property.
17. The OWl'Ier agrees to maintain at his sole expel'lse and il'l good
repair to stal'ldards acceptable to the Towl'l all landscaped
opel'l space, private driveways al'ld complementary facilities,
and private approach sidewalks which are located Ol'l
ul'ltravelled portions of Towl'l oWl'led road allowances abutting
the subject lands.
PART C - OTHER PROVISIONS
18. Definitions for terms which may be used in this agreement
shall be as follows:
i) "Building Area" shall meal'l the ol'lly area upon which the
erection al'ld use of buildil'lgs al'ld structures shall be
permitted.
i i) "Land scaped Opel'l Space" shall mean the areas of open
space comprised of lawl'l al'ld ornamel'ltal shrubs, flowers
and trees and may include space occupied by paths,
walks, courts, patios but shall l'Iot include parkil'lg
areas, traffic aisles, driveways al'ld ramps.
.
iii) "parkil'lg Area" shall meal'l the areas of opel'l space other
than a street to be used for the parkil'lg of motor
veh ic les and access ramps al'ld dr i veways to areas used
for the parkil'lg of motor vehicles which shall be clear
of buildil'lgs al'ld structures except those accessory to
the operatiol'l of the parkil'lg area, and which shall be
available and maintail'led for the parking of motor
vehicles il'lcludil'lg manoeuvering aisles and other space
necessarily il'lcidental to the parkil'lg of vehicles.
iv)
"Natural Opel'l Space" shall
which are to remail.lil.la
amoul'lt of maintel'lal'lce, but
mean the areas of opel'l space
natural state with a minimum
shall not il'lclude areas of
~."...... ~~.... þ
.
.
Page 5 of 9
~
-4-
outside storage, parkil'lg areas, traffic aisles,
driveways or ramps, or Buildil'lg Area. Natural opel'l
Space areas shall be subject to the requiremel'lts of the
Hail'ltel'lance al'ld Occupal'lcy (Proper ty Stal'ldar ds) By-law
as amended from time to time for the Towl'l and shall be
kept clear of all weeds al'ld natural growth which is
prohibited by 0ther Towl'l by-laws. Areas of Natural
Opel'l Space may il'lclude areas of Lal'ldscaped Opel'l Space.
IN WITNESS WHEREOF the parties hereto have hereul'lto affixed their
corporate seals attested to by the hal'lds of their proper officers
il'l that behalf fully authorized.
'l'HE
-
"~ .....
-
)
)
)
)
)
)
)
)
)
BRUCE COUNTY BOARD O~-·-~-,---->_.
EDUCATION ,- , -~- . .
:;J ~ ---- r!-i~')--~~ .
Chair - Alvin Th~nr~'_
Po. _C;;~~·~/j~·Þ
Secretary - P';ul ÍM~r'tipclal~_
and Director
of Education
.- :
-
,
~"
.
.
"'.....ff". :
Page 6 of 9
"
'.
SCHEDULE "A"
SUBJECT LANDS
ALL AND SINGULAR that certail'l parcel or tract of lal'ld and
premisesr situate, lying al'ld being il'l the Town of Kil'lcardil'le,
Coul'Ity of Bruce, provil'lce of Ol'ltario and composed of Part of Park
Lot 2, west of Hurol'l Road, 'fown of Kil'lcardil'le, Coul'Ity of Bruce
al'ld being more particularly described as Parts 7 - 11, Referel'lce
Plan 3R-1544.
'" Æ,
.......-'.~;'-
.
.
Page 7 of 9
SCHEDULE "B"
APPROVED SITE PLAN
The "approved site plan" shall be the plan drawn by Erdmann
Knaack as amended by red line changes, referred to thereon as the
"approved site plan" as indicated by the signature of the Clerk
Administrator for the Town of Kincardine, and on file in the
Clerk Administrator's office.
.;;., . ~~
"",-.-, ;~,......,...
.
.
~
Page 8 of 9
SCHEDULE "c"
SITE DEVELOPMENT REQUIREMENTS
1. The OWl'ler agrees that the completiol'l date for all work
required pursuant to this agreemel'lt shall be December 31,
1989.
2.
The Owner agrees to prepare a gradil'lg and a drail'lage plal'l
acceptable to the Towl'l's Engil'leer and all surface al'ld roof
drail'lage shall be cOl'ltrolled in a~cordal'lce with the approved
plans il'l a mal'll'ler satisfactory to the Towl'l's Engil'leer.
3. The Owner agrees that al'lY floodlighting of the land shall be
il'lstalled in such a manncr so as to deflect the light away
from adja~el'lt streets al'ld propcrties or so controlled in
intensity so as to prevel'lt glarc Ol'l adjacel'lt streets al'ld
properties.
4. The Owner agrees to el'lsure duril'lg developmel'lt of the
"subject lal'lds" that appropr iate devlces are Installed al'ld
measures takel'l to prevel'lt ul'lreasonable erosiol'l of soil from
the site by wll'ld or water, al'ld the Owner agrees to abide by
al'lY request of the Towl'l' s Chief BUIlding Off icial or
Engil'leer il'l this regard, actil'lg reasonably.
5. The OWl'ler agrees to il'lstall temporary fel'lcll'lg or otherwise
adequately protect all trees, shrubs al'ld other vegetatiol'l
which are to be retail'led, al'ld such fencil'lg shall be located
no closer to any trees thal'l the drip line of such trees, al'ld
the OWl'ler agrees to abide by the requiremel'lts of the Towl'l's
Mail'ltel'lal'lce Supervlsor in this regard, acting reasol'lably.
6. 'rhe OWl'ler agrees that al'lY internal driveways which are
l'Ie~essary for al'ld desigl'lated as a fire route shall be so
desigl'led so as to carry the weight of the Towl'l's Fire
Fightil'lg equipmel'lt.
7. The Owner agrees to provIde all lal'ldscapil'lg as showl'l Ol'l the
"approved site plal'l". All plantil'lgs shall be il'lstalled to
the specifications al'ld requiremel'lts as il'ldicated Ol'l the
"approved site plal'l".
8. The Owner agrees that the site al'ld building shall be
desigl'led so as to provIde unobstructed access for
wheelchairs to at least ol'le main buildil'lg el'ltral'lce from the
publl~ sldewalk/street and one parkil'lg area by use of
sidewalk ramps of proper gradient al'ld surfacIl'lg.
9. The OWl'ler agrees to appropnately and properly fil'lish all
lands lYlng betweel'l the "subject lands" al'ld al'lY and all
abuttil'lg streets, which, without limiting the generality of
the foregoil'lg shall il'l~lude the folloWll'lg:
i) lal'ldscapil'lg ot lal'lds lyil'lg between the street line and
property lil'le l'Iot to be used for vehicular or
pedestrial'l el'ltral'lces with topsoil and sod/seed.
ii) installation of driveways of proper width al'ld grade
from the street line to the property lll'le with asphalt,
concrete or other hard surfacing acceptable to the
Towl'l's El'Igil'leer.
iii) removal of existil'lg driveways which are l'Iot to be used
with replacemel'lt by appropriate lal'ldscapil'lg as detailed
above.
10. The Owner agrees that all parkll'lg areas al'ld driveways shall
be surfaced wIth asphalt or cement, and all parkil'lg stalls
shall be visually identified by lil'le pall'ltll'lg.
.t, 1 ...,
...........".. ,,--
.
.
Page 9 of 9
.
2
11. The Ow~er agrees to obtai~ a bUildi~g permit withil'l six (6)
mOl'lths from the date of this agreemel'lt. Failure to obtall'l a
buildi~g permit withil'l the prescribed time period shall meal'l
this agreemel'lt lS l'Iull and void.
12. The OWl'ler ul'Idertakes to provide, UpOl'l request of the Towl'l's
El'Ig il'leer, act il'lg reasol'lably, such easemel'l ts as' the Towl'l may
require for the constructio~, improvemel'lt or mail'ltel'lal'lce of
watercourses, ditches, lal'ld drail'lage works al'ld sa~itary
sewerage facllities.
13. The Owner covel'la~ts and agrees to allow [or Russell Street
road w idel'l il'lg of sevel'lteel'l feet on the so u t h s 1 de 0 f the
lal'lds.
14. The Towl'l's clerk-admil'listrator may agree 1~ wrltil'lg to minor
varlatio~s to provlsio~s of thlS agreemel'lt, and such mil'lor
variatiol'ls shall l'Iot cOl'lstitLte al'l ame~dmel'lt to this
agreement.
~
~
~. Pro\/ince
. of
. Ontario
Document General
Fonn 4 - Land A.¡..b........ Aalonn Ac~ 1984
o
(1) AegIotJy ŒJ
(3) P,-,,"
1.......1104(.)
Land yltlaa D (2) Page 1 01 14 pages
Block Property
Additional:
See D
SChedule
(4) Nature 01 D_
~
Subdivision Agreement
(5) 01__
o
~
N/A
(6)~
Part of Lot lš Plan 194 and more particularly
described in chedule "A" attached.
Dollars $
New Property Identifiers
AddItional:
~D
Ex_Ions
Additional:
See
_Ie
D
(7) ThIs
Document
ConIaIna:
(a) Redeacription
New E-..ent
PlenlSketch
(b) Schedule for:
D
Additional
Deacrip'ion IKJ Parties D Other D
(6) ThIs Doc:unwnt ~ as 1_:
See Subdivision Agreement attached as Schedule "B" pages 3 to 14
/\
I
Continued on Schedule D
(t) ThIs Document _ to _ment numIIar(.)
(10) Party(laa) (Set out Stetua or Interest)
Neme(s)
Signeture(s) d1k Date 01 Signature
Y M D
i : J
. .~~~. ~.O.~~~~~:r.~~~. ?~_.~~~. .~~~~............. .......... ...... ................ it9fj.9. iQ~.L2.L
. Maureen A. Couture Deputy Cler~ i!
.~~. ~.I.~~~~~.l.N.~ . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..................................1..... .. .1. ..
: :
, .
. :
.........,......... ,......................... ..... ........,....... .............j.... ·1' .o!...
¡ ¡!
, "
J ::
(11)_
IMS~ 707 Queen Street, Kincardine, ant. N2Z lZ9
(12) Party(1aa) (Set out Status or Interest)
Name(s) Signature(s)
Date of Signature
Y M D
C. WOOD INNS MARKETING INC.
............... ,..-.......................
,
.
.................................¡.....
.................................¡.....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -r . . . . .
...-. .
........... ,.................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..... .
&
'" ,_.
(131_
1M SenIce
284 Water St.
N., Cambridge, ant. NIR 3C4
(15) Document ~ by:
Maureen A. Couture
Treasurer & Deputy Clerk
Town of Kincardine
707 Queen Street
Kincardine, ant.
Nn 12.9
I
~
Z Registration Fee
o
w
'"
:;)
w
0,
II..
II..
o
a:
o
II..
Fees and Tax
(14) M_pat Addreas 01 property
Reynolds Drive
Kincardine, ant.
Total
__-'''',,'-__. T'_'¿_"
A )t'il.1985
t
.
~
Page 2 of 14
SCHEDULE "A"
FIRSTLY
ALL AND SINGULAR that certain parcel or tract of land and
premises, situate, lying and being in the Town of Kincardine, in
the County of Bruce and being composed of part of Lot 1,
according to Plan No. 194, being a subdivision of Park Lot 1 on
the South side of Durham Street, designated as Part 1 on a plan
of survey of record in the Land Registry Office Bruce No.3, Land
Titles Division of Bruce at Walkerton as 3R-2139, being part of
said Parcell-I, Section Plan 194.
SECONDLY
ALL AND SINGULAR that certain parcel or tract of land and
premises, situate, lying and being in the Town of Kincardine, in
the County of Bruce and Province of Ontario, being that part of
Park Lot 1, North of Wellington Avenue, Town Plot of Penetangore,
Registered plan 61, designated as part 1, on a plan of survey of
record in the Land Registry Office Bruce No.3, Land Titles
Division of Bruce at Walkerton as 3R-2665, being part of said
Parcel 1-1, Section Plan 194.
.
..
I
.
-
'.~
~.-
-
SCHEDULE "B"
Page 3 of 14
THIS AGREEMENT MADE THIS 20TH DAY OF APRIL, 1989
BET WEE N:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
OF THE FIRST PART
- and -
C. WOOD INNS MARKETING INC.
hereinafter called the "Owner"
OF THE SECOND PART
WHEREAS the Owner is desirous of subdividing the lands
described as that certain parcel or tract of land and premises as
described by Schedule "B" of this agreement.
AND WHEREAS the Owner has filed a draft plan of
subdivision with the Ministry of Housing, having their file
number 41T-78018, and has applied for approval thereof in
accordance with the Planning Act.
AND WHEREAS the Town has agreed to recommend to the
Ministry of Housing that the said draft plan attached hereto as
Schedule "A" be approved on the condition that the Owner execute
this Agreement and complete all conditions and provisions herein
contained.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of other valuable consideration and the sum of Five
Dollars ($5.00) of lawful money of Canada, now paid by the Town
to the Owner (the receipt of which is hereby acknowledged) and in
consideration of the premises and of the mutual covenants herein
contained, the Parties hereby mutually covenant, promise and
agree, each with the other, as follows:
·'
I
.
,
'. .
- 2 -
Page 4 oil! 14
1. (al On all streets and lanes laid out in the Plan fol-
lowing approval of the plan by the Minister of Housing, there
shall be constructed and installed at its own expense by the
Owner the public services which are shown on Schedule Me" to
this Agreement, specifications of which are attached hereto
as Schedule MDM.
(bl All of the public services shall be installed strictly
in accordance with specifications attached hereto as Schedule
"D"and all such installations shall be made throughout under
the supervision of and subject to the inspection of the Town
Engineer.
Except where otherwise provided in the specifications,
such services shall be completed within three (3) years of the
commencement of construction of such services with the exception
of the final wearing course of asphalt roads, which shall be
within three (3) years of the completion of the base course of
said roads. All public services constructed by the Owner shall
be maintained by the Owner until acceptance by the Town Engineer
as herein provided and after such acceptance shall be subject
to maintenance for the term and subject to the provisions con-
tained in this Agreement.
(c) The Owner covenants that no one will occupy any re-
sidential dwelling unit hereafter erected on the plan before
the "basic public services" (herein defined as water works, sani-
tary sewage disposal, water mains, sewers, electrical distri-
bution system and gravelled roads) are available to serve the
residential dwelling units and the Town Engineer has certified
that the said "basic public services" have been properly ins-
taIled and are available and that notice of this covenant shall
be given by the owner to any purchaser of lands in the "Plans"
area. Notwithstanding the foregoing, subject to the Building
By-law, the Town agrees to issue up to Ten (10) building permits
for model homes after registration of the subdivision.
®
\
- 3 -
Page 5 of 14
2.
The OWner hereby agrees to apply final coat asphalt to
the width specified by the Town Engineer and to install necessary
services from all roads to give adequate access to the Plan.
I~OO
ttached
approved
The OWner agrees to construct.all roadways on the streets
the plan to the specifications contained in Schedule "D"
3.
hereto, detailed plans and specifications of which shall be
by the Town Engineer.
The OWner hereby agrees that it will conserve sufficient
topsoil on the lands in the Plan to cover all lots, road allowances
and walkways to a minimum depth of four (4) inches.
4.
(a) The OWner hereby covenants and agrees after registration
of the Plan to pay to the Town an amount of Fifteen Hundred Dollars
($1,500.00) per proposed dwelling unit, payment of fifty percent (50%)
to be made upon registration of the Plan and fifty percent (50%) upon
substantial completion of servicing of the "Basic Public Services"
as outlined in paragraph l(c) of this Agreement.
(b) The OWner covenants to pay the sum of One Hundred
Dollars ($100.00) per lot towards administrative, engineering and legal
costs of the Town arising from this subdivision payable upon registra-
tion of the Plan.
(c) The Town will supply sewage treatment and water supply
capacity and will allow connection of the Plan to same upon the
request of the OWner fOllowing registration of the Plan.
(d) Pay~nts by the OWner to the Town, required by subpara-
graphs (a) and (b) of this paragraph 4, shall be in full satisfaction
of all levies and charges of any kind to be made by the Town except
normal building permit fees payable on construction of buildings and
no additional payments of any kind to the Town shall be required.
5.
(a) Notwithstanding the fact that the OWner, by Block
B has established a park, and by three (3) separate walkways, Blocks
D, E and F, has established public access and usage to adjacent lands,
411Js shown on Schedule "A," the Owner covenants to pay to the Town a
cash payment in the amount of One Thousand Six Hundred Dollars ($1,600.00)
paid upon receipts, to be applied as a contribution towards equipment
and development of play-parks in the Neighbourhood 3 area. Further,
the OWner agrees to convey to the Town, at no cost, an Open Space area
shown as Block C on Schedule "A."
®
"
Page 6 of 14
- 4 -
5.
(b) By the cash payment defined by paragraph 5(a), the Town
shall absolve the Owner of any further payments or land dedications
iIIí:.~~ecting parks or public space. Block B is described in Schedule
. By this Agreement and in accordance with Schedule "A,"
the OWner agrees to provide servicing through easements as required
and to subsequently register these easements for subsequent maintenance
and servicing.
7.
(a) Concurrently with the execution of this Agreement, the
Owner covenants and agrees to deliver to the Town a deed to the Town
of the lands in the Plan shown on Schedule "A," hereto outlined in
red, which deed shall be held by the Town and in the event of default
by the Owner in its obligation hereunder may be registered upon title,
it being agreed that the conveyance to the Town of said lands shall
be for the purpose of guaranteeing that the within agreed services
will be installed, completed and maintained in accordance with the
provisions of this Agreement.
(b) For the purposes of this paragraph, lots are valued at
Fifteen Thousand Dollars ($15,000.00) each. Upon the request of the
Owner from time to time, the Town will return the said deed or re-
convey to the OWner such of the aforesaid lots or blocks as may be
determined by the Town Engineer in accordance with the percentage of
the works hereunder then completed; provided, however, that in the
event of default by the OWner in performance of any of the works
provided for in this Agreement, the Town may sell all or any of the
aforesaid lots at such price as can be obtained by public tender and
the OWner shall be liable for any shortfall of monies which might
then exist between the monies obtained by such sale and the monies
required to complete the works required under this Agreement and the
.Town agrees to refund to the Owner any excess received from such sale.
. The Owner may substitute other lands as alternative security subject
to the approval of the Town.
®
~. .
.-
- 5 -
7.
Page 7 of 14
(c) Subject to paragraph 7(b) above the Town shall return to
the OWner deeds to the said lots or blocks relative to each work when
the Town certifies the work is substantially complete and when suitable
maintenance bonds have been lodged with the Town to ensure proper main-
'nance of the said work for a period of one (1) year from the date of
ch substantial completion with the exception of roads for which the
maintenance period shall be two (2) years from the date of such substantial
completion of the base course of asphalt, but in no case shall the
maintenance bonds for storm and sanitary sewers be before the base
course asphalt of the road has been applied. For the purposes of inter-
pretation, substantial completion shall be defined by the definition
within the Mechanics Lien Act, Section 1(3) (a) and (b).
8.
The OWner agrees to pay taxes in full on all lands in-
cluded in the said Plan of subdivision until the said Plan is assessed
and billed as registered Plan and to continue to pay said taxes on each
of the lots until sold by the OWner.
9.
The OWner covenants and agrees to maintain with respect
to construction quality and practices all public services constructed
by it for a period of one (1) year from the date of substantial com-
pletion thereof with the exception of roads for which the maintenance
period shall be two (2) years from the date of substantial completion
of the base course of asphalt. The Town shall be responsible for
maintenance resulting from usage damage and for snowplowing and shall
absolve the OWner from responsibility in those respects.
10.
The OWner shall dedicate as public highways on the
registered Plan of subdivision, all streets and walkways (Blocks D, E
and F), road widenings (Blocks H and I) and reserves (Blocks J, K and
G). The OWner further agrees to grant in fee simple to the Town or
the appropriate authority such further easements as may be required
for utility or drainage purposes.
11.
The OWner shall lodge with the Town forthwith an insurance
.01iCY with an insurance company satisfactory to the Town to ensure
for the joint benefit of the OWner and the Town against any liability
that may arise out of the construction or installation of any work to
be performed pursuant to this contract and for a period of one (1)
year after completion of the said works.
®
'. .
Page 8 of 14
- 6 -
Such policy shall carry limits of liability not less than
One Million Dollars ($1,000,000.00) inclusive for public liability and
Iperty damage and shall include the name of the Town. The policy shall
e no exclusion for blasting and must contain a "completed operations"
ause. The OWner shall prove to the satisfaction of the Town from time
to time as the Town Engineer may require that all premiums on such
policy or policies of insurance have been paid and that the insurance is
in full force and effect and also that it has complied with all provisions
of the Workmen's Compensation Act.
12.
The Town Engineer shall have the right to inspect the
installation of works and services at all times. If at any time the
work and construction of the services is in the opinion of the said
Town Engineer not being carried out in accordance with good engineering
practice, then the Engineer may stop all or any part of the work on the
installation of the services for any length of time until such work has
been placed in satisfactory condition, and in the event that the Town
Engineer then deems that the work is not being proceeded with in a proper
manner, he may stop the work by the contractor and require that another
contractor be placed on the job to complete such works; and the costs
involved in such replacement and completion of the work shall be paid
for by the OWner.
13.
(a) The Owner shall construct all services in accordance
with approved plans-·and specifications and in accordance with accepted
engineering practices regardless of any inspection by the Town Engineer
and the Town shall accept each individual service as being substantially
complete upon the said Town Engineer certifying that insofar as he can
ascertain, the works have been substantially completed in accordance
with such plans and specifications. Upon certification of substantial
completion, the Town shall assume ownership of the said services.
eSp:ction
(b) Upon total completion of servicing, and following
and correction of deficiencies at the end of the maintenance
period as determined by the Town Engineer, the Town shall free the
OWner from any further responsibility.
®
'"
'.. '.
I
.
~.
- 7 -
Page 9 of 14
14. Notwithstanding anything herein contained, the OWner
agrees that if at any time the services or anyone or more or
part thereof referred to herein are not being installed in ac-
cordance with good engineering practice or as quickly as the
Town Engineer in his discretion deems proper in accordance wi th
good welfare of the inhabitants of the Town or any part thereof,
or if in his opinion, a person or persons are suffering injury
by reason of the manner or speed with which the said services
are being installed the said Town Engineer, upon two (2) days
notice to the OWner by registered mail may instruct Town em-
ployees or a contractor for the Town to enter upon the lands
and proceed to install the said services in accordance with good
engineering practice and any expense involved therein shall be
paid ~or by the Owner to the Town forthwith upon demand.
]5. Upon the issuance of a certificate by the Town Clerk
that the services provided for hereunder have been installed in
accordance with the terms of this Agreement, the ownership of
the services shall vest in the Town and the Owner shall have no
claims or rights other than those accruing to it as Owner of
the land abutting on streets in which services were installed.
Until such certificate is issued by the Town, the OWner on
behalf of itself, its successors and assigns, hereby covenants
to indemnify and save harmless the Town from all actions, causes
of actions, suits, claims and demands whatsoever which may arise,
either directly or indirectly, by reason of any alteration of
the existing grade or level of street or streets on the said
plans, or adjacent streets to bring the said grade or level into
conformity with the grade or level approved by the said Town
Engineer or by reason of damage to the lands abutting on any
street or streets shown on the said plans or adjacent streets
or to any building erected thereon arising from or in consequence
of any such alterations, of grade or level.
®
I
.
~..
..",
Page 10 of 14
- 8 -
16.
The Owner acknowledges that the within Agreement shall
be registered in the Land Titles Office against each lot and
block included in the said plan of subdivision.
The Town shall
grant releases in registerable form from this Agreement upon
request and upon the basic public services being installed in
accordance with the provisions of this Agreement to serve the
individual lots in question.
17.
The Owner covenants and agrees to plant a minimum of
one (1) tree for each dwelling unit, which trees shall be Norway
or hard maple or green or blue ash and a minimum of six (6) feet
in height.
18.
The Town hereby approves the street names shown on the
plan attached hereto as Schedule "A".
19.
The Owner agrees at its expense to erect permanent
street signs to specifications and in locations approved by the
Town.
20.
The Owner acknowledges that the construction of
services provided for herein is subject to the approval of the
Ministry of the Environment or its successor authority pursuant
to Section 30 and Section 31 respectively of the Ontario Water
Resources Commission Act.
21. Time shall be of the essence of this Agreement.
22. This Agreement and everything herein contained shall
enure to the benefit of and be binding upon the successors and
assigns of the Parties hereto of the First and Second Part.
IN WITNESS WHEREOF the Parties hereto have executed
these presents.
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION QF"i:!fE:TOWN
OF KINCA .',",...>:.----------_
,"' .:::.._~- -
. ~~~
."
-
>-~----'-'-- /.:-,
- - -
'''--,
..
:'....
" .... ~
-
-
-
-
/.
)
)
)
)
)
)
)
)
)
.'
-,
Mayor
~ ;.-,
::.
:.:-
.~-:-,./,/
/"
"'.
,
SCHEDULE "A"
-
""
'v
L
13
F BliNK
0'
_~~_J
--- ---------1
~} I
;! .W,
·0'
N'
II
Z:
rJ
n~--1 ~ ~
~.. I· ...;.- -,,,-....
:.¡: I o
_.J '" I
":._._--~._-~
O~T :ct
-.... -:¡¡
--~-- II g
.
I CD
I',J
_ :181..
t
I, 65'
r~ 16 -~ 17 -~
. "0
..
-:¡¡ ~
104·
24 -g L'~T
J04'
"g
·0
'"
.~
....'
·0
'"
21
"¡¡
104'
û
UJ
~-i1::
!.I..I
~-
(/ .
<f)
UJ
-"-- 1\-
....
.~-- ¡g--'~
104·
....
W
W
0:
I¡;-
.~~---~
'04'
6
6,3'__..
80
,
I
.m. -~
- .",
~.--¡--....
. .
112 ·
_.... ~-,--_...-
"
~
-
--:0¡-
Il
--
386-68"9_-g·
109' ~
11 of 14
I I
þ= n .------J~- .
I ·--·-~--I
I
~..
I
1
r- ----
I .~
I 32 ""'-,
I
I
I
I
I
<! I
l-
I
I
L
2 I '.tJ
I f:J
36 ~
~-~~--
I ;¡
I ~,7
NQ~.---_
I -?
~-
-t
I ?8 oJ
~_ .:L
W ~ ~
~I
~- I 39 c.
(J) UJ
I- ~.
- -------m~
J ;/__
I ,-
I 4C» ~
....
~--~---¡
I
I 4:
L___J__
','..".
.."
- -
-=.,1...,
3:
....~--,...
::.3
~'8
34
..
35
¡-
TREET -$ "B" '" WAL¥.WAY ...
las { ,. ^C'I
~ 10 :¡¡, \ IVIM JI
70 70' .. 4
I 75' -0 100· . ^'r'I--T-
I I I '"
I I I '0 I I -¡¡I
.. 1 I
J¡¡~ -~ ~ ~ ~ ·0 100' / I i
^. 24 2 1 27
,.- I I / -;, ..... I I
I I 66' ·:6r ... (. I
12 I I 1
I I I -s¡ I 1__~__J--
70' 70· .,' loa
17' -- RO "' 647·5
- -- -~-~ -
ql I':::C:E-LI
r,,,-,,,,,,,,,,, L...
-- ---l-\------T-T-1-l--r-,-T-l--l
. . ~-
\ ,- 1 I '7~ I" I':''''' 1'2'" 1-.... I......' I I"
; \ ,3', ! ,,'" ,3:; I ,,', ! ,,'(\ i ,:>~, ,·t·.... 11.4' ,·.2 :~:J
I \ I I I ! ('
I ; I 10)
f
,
"
I
.
-,
"c·,.,.....,.J~;/-
.
.
Page 12 of 14
SCHEDULE "B"
FIRSTLY
ALL AND SINGULAR that certain parcel or tract of land and
premises, situate, lying and being in the Town of Kincardine, in
the County of Bruce and being composed of part of Lot 1,
according to Plan No. 194, being a subdivision of Park Lot 1 on
the South side of Durham Street, designated as Part 1 on a Plan
of Survey of record in the Land Registry Office Bruce No.3, Land
Titles Division of Bruce at Walker ton as 3R-2139, being part of
said Parcel 1-1, Section plan 194.
SECONDLY
ALL AND SINGULAR that certain parcel or tract of land and
premises, situate, lying and being in the Town of Kincardine, in
the County of Bruce and Province of Ontario, being that part of
Park Lot 1, North of Wellington Avenue, Town plot of penetangore,
Registered Plan 61, designated as part 1, on a plan of Survey of
record in the Land Registry Office Bruce No.3, Land Titles
Division of Bruce at Walker ton as 3R-2665, being part of said
Parcell-I, Section Plan 194.
......~
,.::"~
... .
.
....
C·T J
. /
Page 13 of 14
SCHEDULE .. C ..
I A. Stonn sewers
B. Sanitary sewers
C. ~¡a termain s
D. Roadbeds
E. Curb and Gutters
F. Asphalt paving
.
®
""" '. Þ, ~ .
I
.
,~
, .
Page 14 of 14
SCHEDULE "D"
SPECIFICATIONS OF SERVICES
1.
Granular Base Courses
Granular base courses for the roads to be developed shall consist
of a minimum of 12 inches of Granular "B" and six inches of
Granular "A". The materials shall be placed on a uniform sub-
grade. compacted and fine graded. ready for asphalt.
Concrete Curb and Gutter
Concrete curb and gutter of an approved type shall be supplied
and placed in accordance with current M.T.C. specifications.
.,
2.
3.
Storm Sewers
The developer shall provide for adequate storm drainage. based
upon the five-year storm for the Kincardine area. In general.
storm sewer materials shall be reinforced concrete. bedded and
backfilled to provide adequate structural support both for the
pipe and the roadway above. Native backfill under the asphalt I
will be allowed where materials permit. Catch basins and manholes :\
shall be complete with appropriate bicycle-proof gratings. .
,.
~ ¡
4.
Sanitary Sewers
Sanitary sewers shall be provided to current Ministry of the
Environment design criteria. In general. asbestos cement pipe
shall be used with a minimum of Class 2400. House services shall
be 5 inch or 6 inch diameter services. connected to proper "tee"
or "wyen branch fittings. Sewers shall be laid on an even grade.
and shall be tested for infiltration and/or exfiltration as
fol1.ows:
Infiltration - .24 Imperial Gal1.ons per inch of pipe diamater
per hundred feet per hour.
Exfiltration - .31 Imperial Gallons per inch of pipe diamater
per hundred feet per hour.
The above rates shal1. apply to any section of sewer between
adjacent manholes. Exfiltration sha1.1 be measured between man-
holes with at least two feet depth of water in the upstream
manhole.
5. Watermains
Watermain material shall be 6-inch diameter ductile iron complete
with tytoñ joints. All fittings shall have mechanica1. joints.
House services sha1.1 be 3/4 inch "K" copper. working pressure of
150 p.s.i. Hydrants shall be Canada Valve "Century Hydrants".
All mains shall be flushed and disinfected in accordance with
current Ministry of the Environment procedures prior to making
them live. All mains shall be tested for leakage as follows:
I~Ñatermains shall be tested under pressure of 150 p.s.i. for a
period of not less than one hour. Maximum allowable leakage will
be 50 Imperial Gallons per inch diamater per mile of main per day.,"
6. Asphalt Pavement
All streets shall be paved with a minimum of two lifts of hot
mixed asphalt for a total depth of 2i inches. consisting of I
inch of HL-2 and It inches of HL-4. Roadway width shall be
28 feet.
®