THE CORPORATION OF THE CITY OF BROCKVILLE SITE PLAN CONTROL AGREEMENT BETWEEN THE CORPORATION OF THE CITY OF BROCKVILLE AND TALL SHIPS LANDING DEVELOPMENTS INC. (Tall Ships Landing Phase 1 - FILE D11-388) This Agreement made the day of A.D., 2010 BETWEEN: TALL SHIPS LANDING DEVELOPMENTS INC. hereinafter called the Owner ; AND OF THE FIRST PART THE CORPORATION OF THE CITY OF BROCKVILLE hereinafter called the City ; OF THE SECOND PART WHEREAS City of Brockville By-law Number 33-86 as amended, authorizes the City to enter into one or more Agreements to control the development or redevelopment of all lands in the City; and WHEREAS the Owner has represented to the City that the land described in Schedule A hereto attached is owned by the Owner. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of good and valuable considerations the Parties hereby covenant and agree as follows: 1. THAT this Agreement shall apply to and be binding upon the land described in Schedule A to this Agreement, such land hereinafter referred to as the Owner s Land. 2. THAT the location of the buildings and structures to be erected on the Owner s Land, and the location of other facilities shall conform to Parts 2, 3, 18 and 19 of Schedule D to this Agreement, provided always that minor changes to such Plans may be made by the Owner with the consent of the Chief Planning Officer or his/her appointed designate. 3. THAT the external appearance of the building shall conform to Parts 13, 14, 15, 16 and 17 of Schedule D to this Agreement, provided always that minor changes to such Plans may be made by the Owner with the consent of the Chief Planning Officer or his/her appointed designate. 4. THAT the Owner shall satisfy the conditions, facilities and matters on the Owner s Land as specified in Schedule B to this Agreement to the satisfaction of the Chief Planning Officer or his/her appointed designate. 5. (a) THAT the conditions, facilities, and matters as described in Schedule B and as shown on Parts 1 through 21, inclusive, on Schedule D shall be provided, and maintained by the Owner at its sole risk and expense and to the satisfaction of the City, and that in default thereof the provisions of Section 427 of The Municipal Act, S.O. 2001, c25, shall apply. (b) THE Owner shall have all stormwater control mechanisms (roof drains, orifice plates, etc.) inspected annually by a Professional Engineer, with proof of the inspection and completion of any required maintenance to be provided to the City.
6. THAT if a building permit has not been issued within twenty-four (24) months of the date of execution of this Agreement by the City this Agreement will become null and void, and a new application for Site Plan Approval must be submitted and approved by the City prior to any building permit being issued. 7. a) THAT, prior to the authorization of this Agreement by the City, an Irrevocable Standby Letter of Credit or Cash Deposit, in favour of the City for Phase I of the development, shall be provided in the value of (yet to be determined) Dollars ($), representing 50% of the estimated value of all landscaping, drainage facilities, fencing, paving and curbing proposed to be installed on the Owner s Land by/on behalf of the Owner. b) THAT, prior to the authorization of this Agreement by the City, an Irrevocable Standby Letter of Credit or Cash Deposit, in favour of the City for the Brock Trail portion of the development, shall be provided in the value of Seventy Five Thousand Dollars ($75,000.00), representing 100% of the estimated value of all landscaping to be installed on the City s Land by/on behalf of the Owner. c) If upon notice, the Owner fails to complete all improvements noted in clauses 7. a) and b) of this Agreement, the City or its authorized Agent may, if required, enter the Owner s Lands and complete said improvements by its own forces or by others and the Owner shall be solely responsible for all costs related thereto, said costs to be charged against the Owner s Irrevocable Standby Letter of Credit or Cash Deposit. 8. THAT, upon receipt of certified statements by the Owner, in the form of Schedule C to this Agreement and as agreed to and accepted by the City, the City may progressively release the Irrevocable Standby Letter of Credit or Cash Deposit as the improvements noted in 7(a) are progressively completed. Funds held in relation to landscaping shall not be released earlier than one full growing season (spring to fall or fall to spring) to ensure viability of seed, sod and plant stock. 9. (a) THAT the engineering design, supervision and inspection of construction of the site works, being all of the site improvements covered by this Agreement, save and except for the building and landscaping, shall be carried out by a Professional Engineer, registered in the Province of Ontario, to be employed by the Owner, subject to such Engineer being satisfactory to the City Engineer, provided also that the City reserves the right to inspect the construction of said site works and to test the site works as it may deem advisable. (b) (c) ALL underground services that are to be connected to City services shall be constructed to City standards, to the satisfaction of the City Engineer, and shall be subject to inspection and approval by City personnel prior to backfilling. SCHEDULING for all underground services that are located within the Flint Street, St. Andrew Street and Broad Street road allowances shall be approved by the City Engineer prior to commencement of the work. 10. THAT any damage done to City property by the Owner or its employees, servants or agents shall be repaired by the Owner to the satisfaction of the City Engineer. 11. THAT the Owner agrees to provide the City with one (1) set of as constructed reproducible mylars together with one (1) disc containing same as constructed information (if project is C.A.D.D. designed) within six (6) months of the completion of the project. 12. THE Owner shall indemnify and save harmless the City, its servants, agents and employees from and against all claims, demands, loss, costs, damages, actions, suits or other proceedings by whomsoever, made, brought, or prosecuted in any manner based upon, occasioned by, or attributed to, any negligence of the Owner or any
persons for whose negligence the Owner is in law responsible in the carrying out of the provisions of this Agreement. 13. THAT the Owner shall keep the streets abutting the Owner s Land free of dirt and debris resulting from, or in any way attributable to, the construction of any services required by this Agreement, or the construction of any buildings thereon, to the satisfaction of the City. If, upon notice, the Owner fails within a reasonable time frame to remove any dirt and debris within any road allowance adjacent to the Plan, then the City may remove any dirt or other debris at the cost of the Owner and failing payment thereof by the Owner the City may draw upon the Owner s Irrevocable Standby Letter of Credit or Cash Deposit to recover the costs. 14. THAT the Owner shall be responsible for the repair of damage to City owned lands or facilities in accordance with Paragraph 11 hereto. Should the Owner not repair damage to City owned lands or facilities within 30 days of being so advised in writing by the City Engineer, the City may repair or cause to be repaired, the said damage by its own forces or by others and the Owner shall be solely responsible for all costs related thereto. Failure by the Owner to pay the City pursuant to this paragraph may result in the City drawing upon the Owner s Irrevocable Standby Letter of Credit or Cash Deposit to pay for the repairs. 15. THAT the Owner shall be responsible for control of dust resulting from, or in any way attributable to, any element of the clearing, excavation or construction process on the Owner s Land. If, upon notice, the Owner fails to undertake dust control measures within a reasonable time frame, as determined by the City Engineer, then the City may undertake such dust control at the cost of the Owner and failing payment thereof by the Owner, the City may draw upon the Owner s Irrevocable Standby Letter of Credit or Cash Deposit to recover the costs. 16. THE City reserves unto itself the right to inspect the final grading of the Owner s Lands and the Owner agrees to pay the cost of such inspection by the City, on demand, and such cost shall be calculated on the following basis: i) the wage rate, plus labour burden, paid by the City to the employee(s) on such inspection; ii) the City rental rate for vehicles and equipment in effect at the time; and iii) miscellaneous out-of-pocket expenses. 17. THAT the covenants, agreements and conditions herein contained on the part of the Owner shall run with the Owner s land and be binding upon the parties hereto and their successors and assigns. 18. THAT the satisfying of any requirements of this Agreement by the Owner or any employee of the City shall not in any way constitute acceptance of this Agreement by the City, until a resolution to authorize this Agreement has been passed by the Council of the City, and this Agreement is executed by the persons authorized to do so. 19. THAT the Schedules attached hereto shall be read with, and form part of, this Agreement. 20. THAT whenever any approval or consent is required to be given by a party to this agreement, or any officials, employees, consultants or agents of such party, the party or person whose approval or consent is being sought shall act reasonably in deciding whether or not to grant such consent or approval and shall not unreasonably withhold or unduly delay such consent or approval. If the party or person refuses to provide its consent or approval, it shall give written and reasonably detailed reasons for such refusal.
IN WITNESS WHEREOF the parties hereto have executed this Agreement. THE CORPORATION OF THE CITY OF BROCKVILLE TALL SHIPS LANDING DEVELOPMENTS INC. MAYOR Authorized Signing Officer (sign, print name and seal) CLERK
SCHEDULE A OF SITE PLAN CONTROL AGREEMENT BETWEEN THE CORPORATION OF THE CITY OF BROCKVILLE AND TALL SHIPS LANDING DEVELOPMENTS INC. DATED THE DAY OF, A.D. 2010 DESCRIPTION OF OWNER S LANDS: FIRSTLY: Part of the Bed of the St. Lawrence River in Leeds County being Part 1, Reference Plan 28R-12709, City of Brockville Being all of PIN 44163-0136. SECONDLY: Part of the Bed of the St. Lawrence River in Leeds County being Part 1, Reference Plan 28R-5555, City of Brockville. Being all of PIN No. 44163-0124. THIRDLY: Part of Lots 27, 28, 29 and 30, Plan 67; Water Lot in the St. Lawrence River opposite Lots 27 and 28, Block 29, Plan 67; Water Lot in the St. Lawrence River opposite Lot 29, Block 29, Plan 67; Water Lot in the St. Lawrence River opposite Lot 44, Block 29, Plan 67, Water Lot in the St. Lawrence River opposite Lot 45, Block 29, Plan 67; Part of St. Andrew Street Closed By BR21477 designated as Parts 1, 2, 3, 4 and 5, Reference Plan 28R-11711. SAVE & EXCEPT Part 1, Reference Plan 28R-5555 being all of PIN 44163-0124. SAVE & EXCEPT Part 1, Reference Plan 28R-12709 being all of PIN 44163-0136. SUBJECT TO an easement per Instrument No. 14753 over those portions of the water lot lying in front of Lots 44 and 45, designated as Parts 3 and 4, Reference Plan 28R-11711. BEING ALL of PIN 44163-0094.
SCHEDULE B OF SITE PLAN CONTROL AGREEMENT BETWEEN THE CORPORATION OF THE CITY OF BROCKVILLE AND DATED THE DAY OF, A.D. 2010 i) STREET WIDENING Not applicable. ii) ACCESS FACILITIES As per Parts 2, 3, 4, 18 and 19 of Schedule D to this Agreement. iii) OFF STREET PARKING AREAS As per Parts 2 through 4, inclusive, 18 and 19 of Schedule D to this Agreement. All driveways and parking areas shall be paved, and bounded by curbs, within two (2) years of the issuance of a building permit for construction. iv) WALKWAYS As per Parts 2, 3, 18 and 19 of Schedule D to this Agreement. v) SNOW REMOVAL Responsibility of the Owner. Should on-site storage of snow be deemed by the City Engineer to be interfering with the provision of adequate on-site parking or adequate drainage of the subject property or adjacent properties, said snow shall be removed immediately, upon written notification by the City Engineer, at the Owner s expense. vi) GRADING AND DISPOSAL OF STORM AND SANITARY WASTE As per Part 18 of Schedule D to this Agreement. vii) EASEMENTS i) Pedestrian Access measuring the width of the paving stone located on the west side of the turning circle. ii) Acknowledgement by the Owner that an easement for public access to the area considered for future Captain s Walk shall be provided. viii) FLOODLIGHTING Minimum floodlighting required for driveways, parking areas and the Brock Trail shall be as approved by the City Engineer and the Director of Parks and Recreation. ix) LANDSCAPING As per Parts 19 and 20 of Schedule D to this Agreement. All landscaping shall be installed within two (2) years of the issuance of a building permit for construction. (Schedule B - continued)
SCHEDULE B - continued Page 2 x) REFUSE AND RECYCLABLE STORAGE AND COLLECTION Refuse and recyclable storage as per Part 3 of Schedule D to this Agreement. Refuse and recyclable collection is the financial responsibility of the Owner. The Owner must contact the City Solid Waste Reduction Facilitator and/or the Ministry of Environment and Energy to ensure compliance with all mandated regulations for construction and/or demolition. All work to be completed under the terms of this Agreement shall be completed in strict compliance with the most recent published version of Ontario Regulation 103/94 and R.R.O. 1990, Regulation 347, made under the Environmental Protection Act and any amendments thereto. It is the responsibility of the Owner to ensure that the construction/demolition material is managed in accordance with the above noted legislation. xi) LOCATION OF BUILDINGS, STRUCTURES AND FACILITIES As per Parts 2, 3, 18 and 19 of Schedule D to this Agreement. xii) PERSPECTIVE DRAWINGS AND ELEVATIONS As per Parts 13 through 17 inclusive of Schedule D to this Agreement. xiii) MUNICIPAL ADDRESSING The Owner shall ensure that the municipal address is prominently displayed on the site to enable identification for emergency services.
SCHEDULE C OF SITE PLAN CONTROL AGREEMENT BETWEEN THE CORPORATION OF THE CITY OF BROCKVILLE AND TALL SHIPS LANDING DEVELOPMENTS INC. DATED THIS DAY OF, A.D. 2010 This is to certify that the full/following costs, in the sum of $ for the completion of the following works, on the land described in Schedule A to this Agreement, have been paid by/on behalf of. List works: (include invoices where available) Dated at the in the (Name of City, Town, Township, etc.) (Region, County, District) I/We solemnly declare that all the statements contained herein and all supporting documents are true and complete, and I/We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the Canada Evidence Act. Signature of Owner Declared before me at: Region/County/District of in the Municipality of this day of, 201. Commissioner of Oaths