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Home My WebLink About22 074 St. Anthony's Site Plan Agreement Amendment (2022) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2022 - 074 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AMENDING AGREEMENT BETWEEN BRUCE-GREY CATHOLIC DISTRICT SCHOOL BOARD AND THE CORPORATION OF THE MUNICIPALITY 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 by By-Law No. 1988-27 the Council of The Corporation of the Town of Kincardine entered into a Site Plan Agreement with The Bruce-Grey County Roman Catholic Separate School Board on April 7, 1988 for that property then described as Part of Park Lot 2, Kincardine and now legally described as PT PARKLT 2 HURON RD PL KINCARDINE AS IN R129786 AND PARTS 1 & 2, 3R6093; S/T R302997; MUNICIPALITY OF KINCARDINE being PIN 33308-0133 (LT); AND WHEREAS on March 18, 2019 with the passage of Resolution # 03/18/19- 09, the Council of the Municipality of Kincardine approved amendments to the original site plan to permit an expansion of the school located at 715 Russell Street; AND WHEREAS the Bruce-Grey County Roman Catholic Separate School Board, now known as Bruce-Grey Catholic District School Board, has requested further amendments to the above noted Site Plan Agreement to include a gymnasium and office expansion; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it appropriate to execute an Amending Agreement to amend the above noted Site Plan Agreement to include the requested amendments; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Mayor and Clerk be authorized and directed to execute an Amending Agreement between The Corporation of the Municipality of Kincardine and Bruce-Grey Catholic District School Board. 2. That the said Agreement forms part of this By-Law as Schedule “A”. 3. This By-law shall come into full force and effect upon its final passage. Page 2 of 2 St. Anthony’s Site Plan Agreement Amendment (2022) By-law” By-law No. 2022 - 074 4. This by-law may be cited as the “St. Anthony’s Site Plan Agreement Amendment (2022) By-law” READ a FIRST and SECOND TIME this 11th day of April, 2022. READ a THIRD TIME and FINALLY PASSED this 11th day of April, 2022. Mayor Clerk AMENDING AGREEMENT This Amending Agreement effective this day of April, 2022 ("Effective Date") BETWEEN THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (the "Municipality") of the First Part, - and— BRUCE-GREY CATHOLIC DISTRICT SCHOOL BOARD (the"Owner") of the Second Part. (each, a"Party" and,collectively,the"Parties") RECITALS: WHEREAS the Ontario Planning Act, R.S.O 1990, P.13, Section 41, authorizes municipalities to enter into Site Plan Agreements; AND WHEREAS by By-Law No. 1988-27 the Council of The Corporation of the Town of Kincardine entered into a Site Plan Agreement (the "Agreement") with The Bruce-Grey County Roman Catholic Separate School Board(the "Owner") on April 7, 1988 for that property, then described as Part of Park Lot 2, Kincardine and now legally described as PT PARKLT 2 HURON RD PL KINCARDINE AS IN R129786 AND PARTS 1 & 2, 3R6093; S/T R302997; MUNICIPALITY OF KINCARDINE being PIN 33308-0133 (the "Subject Lands"); The above referenced Site Plan Agreement forms part of this Agreement and is attached hereto as Schedule "A". AND WHEREAS pursuant to a municipal restructuring order under Subsection 25.2()(b) of the Municipal Restructuring Act dated January 30, 1998 and effective January 1, 1999, The Corporation of the Town of Kincardine was amalgamated under the name "The Corporation of the Township of Kincardine-Bruce-Tiverton", and further that pursuant to Bill PR15 effective December 22, 1999 the name was changed to "The Corporation of the Municipality of Kincardine". AND WHEREAS The Bruce-Grey County Roman Catholic Separate School Board changed their name and are now known as Bruce-Grey Catholic District School Board. AND WHEREAS on March 18, 2019 with the passage of Resolution # 03/18/19-09, the Council of the Municipality approved amendments to the Agreement to permit an expansion of the school located at 715 Russell Street; 2 AND WHEREAS since the passing of Resolution # 03/18/19-09 the Owner has requested further amendments to the Agreement to include a gymnasium and office expansion; AND WHEREAS the Council of the Municipality deems it appropriate to execute an Amending Agreement to the Agreement to include the requested amendments; AND WHEREAS the existing building on the Subject Lands is 2988 square meters. The originally proposed expansion was for an additional 1965 square meters to be comprised of classrooms as well as daycare facilities. The Owner now wishes to amend the Agreement by including a further 310 square meter addition to the south side of the building on the Subject Lands to expand the gymnasium and office space; AND WHEREAS the revised site plan drawings were circulated between the Parties in 2019 for comments. Any comments and revisions have now been addressed and the amended site plan has been approved by the Municipality, a copy of which is attached hereto as Schedule "B"; AND WHEREAS Recital 5 of the Agreement permits the Parties to amend the terms of the Agreement by entering into a written agreement; The Parties therefore wish to amend the terms of the said Agreement as herein provided: NOW THEREFORE this amending agreement witnesseth that in consideration of the terms and conditions of the Agreement and other good and valuable consideration, the Parties hereto agree as follows: 1. The Parties agree that the recitals herein are true and accurate in substance and in fact and form part of this Agreement. 2. Unless defined in this amending agreement, all capitalized terms have the meaning set out in the Agreement. 3. That Part B of the Agreement, attached hereto as Schedule "B", shall be amended to add the following: Part B — Site Development and Maintenance Provisions 18. It is a condition of this agreement that the Bruce-Grey Catholic District School Board agrees to maintain, at all times, Permission to Access Property (known as the interim agreement) between the Roman Catholic Episcopal Corporation of the Diocese of Hamilton in Ontario (Owner) and the Bruce-Grey Catholic District School Board (Company) and will remain in effect during the course of construction or until such time that the agreement is deemed invalid, null or void by all consenting parties. Upon the expiration or termination of the interim agreement, it is agreed, that upon the completion of the project, that the parties shall provide a further long-term agreement for access of the lands which will be held in perpetuity and shall be binding between the parties so as to continue to afford access to enter onto the portions of the lands as described within the "Agreement". 3 4. That Schedule "B" of the Agreement attached hereto be removed and replaced with Schedule"B" attached to this amending agreement. 5. That Schedule"C" of the Agreement attached hereto be amended to include: 11.1 As a condition of this agreement, the Bruce-Grey Catholic District School Board agrees that a reference plan and easement agreement conforming to the proposed Storm Sewer Easement(s) identified on Site Engineering Plan—Storm Easements (C2.6_R1) —by L.E. Ingram- MTE - February 9, 2022, shall be registered on the lands in favour of the Municipality of Kincardine upon completion. A copy of the certified reference plan and transfer shall be provided to the Municipality prior to any securities being released. 6. Unless and only to the extent expressly amended, all provisions of the Agreement remain in full force and effect. 7. This Amending Agreement shall be interpreted under and is governed by the laws of the Province of Ontario and the federal laws of Canada applicable herein. 8. The Parties hereby covenant and agree that this Amending Agreement may be registered upon title to the Subject Lands and the Owner hereby authorizes the Solicitor for the Municipality to execute on behalf of the Owner all documents necessary to register this Agreement in the Land Registry Office for Bruce County (LRO #3). The Owner is responsible to pay all costs associated with the preparation and registration of this Amending Agreement, as well as all other costs incurred by the Municipality as a result of the registration of any other documents pertaining to this Amending Agreement. 9. This Amending Agreement shall be enforceable by and against the parties hereto, their heirs, executors, administrators, successors and assigns and that the Agreement and all covenants by the Owner herein contains shall run with the Lands. 10. If any provision of this Amending Agreement is deemed illegal, invalid or unenforceable, by an arbitrator or any court of competent jurisdiction from which no appeal exists or is taken, that provision will be severed from this Amending Agreement and the remaining provisions will remain in full force and effect. 11. This Amending Agreement may be executed in any number of counterparts and all of which taken together will constitute one and the same instrument. The Parties agree that this agreement may be transmitted by telecopier or electronic transmission via email and that the reproduction of signatures by way of telecopier or electronic transmission via email of executed originals will be treated as though such reproduction were executed originals and each party undertakes to provide the other with a copy of this agreement bearing original signatures within a reasonable time after written request therefore. 4 IN WITNESS the Parties have,by their duly authorized representatives who each have the authority to bind the Parties, executed this amendment on the Effective Date. Signed,sealed and delivered, BRUCE-GREY CATHOLIC DISTRICT SCHOOL BOARD Per: Late Name: Aie Girl (Z- Position: supehn ki,2 41 f CCPUtC SS' ,' /,Pt I have authority to bind the Board THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE x Nevi Per: � Name: Gerry G(out( Position: Mayor Per: „,ice . Name :�5nntcr LcauDr ie Position: Clerk We have authority to bind the corporation