The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 49-07 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AMENDING SITE PLAN AGREEMENT WENDY S RESTAURANTS OF CANADA INC. 161 GARRISON ROAD Roll# 2702010035016000000 File No. 350307-0125 WHEREAS By-law No. 133-86 designates the Town of Fort Erie as a Site Plan Control Area; and WHEREAS of Canada Inc. and the Town of Fort Erie entered into a Site Plan Agreement dated May 17 th, 1996 and registered on May 24 th, 1996 as Instrument No. 706327 to permit the construction of a at 161 Garrison Road adjacent to Tim Horton s Store #34 at 141 Garrison Road; and WHEREAS Report No. CDS-021-07 was approved at the Council-in-Committee meeting of March 5, 2007 authorizing the Town to enter into an Amending Site Plan Agreement for a new site associated with the Drive-Thru addition to the adjacent Tim Horton s Restaurant located at 141 Garrison Road North side; and WHEREAS it is deemed desirable to enter into an Amending Site Plan Agreement with Wendy s Restaurant of Canada Inc. in order to control the lands as described in Schedule A of the Amending Site Plan Agreement which is attached hereto and forms part of this by-law; and WHEREAS the Municipal Council of the Town of Fort Erie at its meeting of June 21 st, 2004 passed Resolution No. 25 to establish a practice whereby the Standard Form of Agreement would not be attached to the By-law and circulated to each Member of Council in advance of the particular Council Meeting, although Council has been informed under Report No. CDS-021-07 of the Financial Schedule and Special Provisions in the agreement, with the knowledge that the Clerk of the Town of Fort Erie is in possession of the full agreement at the subject Council Meeting; NOW THEREFORE the Municipal Council of The Corporation of the Town of Fort Erie hereby enacts as follows: 1. THAT the Mayor and Clerk be and they are hereby authorized to execute the Amending Site Plan Agreement annexed hereto and once executed by all parties, to register the executed Agreement upon the title to the lands described in Schedule A of the said Agreement 2. THAT pursuant to the provisions of Section 23.1 to 23.5 of the Municipal Act 2001 as amended the Clerk of the Town of Fort Erie is hereby authorized to effect any minor modifications or corrections of an administrative, numerical, grammatical, semantical or descriptive nature or kind to the by-law or it s schedule(s as may be determined necessary after the passage of this by-law.
By-law No. 49-07 Page Two 3. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute any and all documentation necessary to effect the terms and conditions of the Amending Site Plan Agreement annexed hereto as Appendix "A" to this by-law. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10 th DAY OF APRIL, 2007 MAYOR CLERK I, the Clerk, Carolyn J. Kett, of The Corporation of the Town of Fort Erie hereby certify the foregoing to be a true certified copy of By-law No. 49-07 of the said Town. Given under my hand and the seal of the said Corporation this day of, 20.
AMENDING SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF FORT ERIE - and - WENDY S RESTAURANTS OF CANADA INC. Date of this Amending Agreement:, 2007
THIS AMENDING AGREEMENT made this day of, 2007 and authorized by By-law No. and amendments thereto of the Corporation of the Town of Fort Erie; B E T W E E N : WENDY S RESTAURANTS OF CANADA INC. (hereinafter called the Owner OF THE FIRST PART; --and-- THE CORPORATION OF THE TOWN OF FORT ERIE (hereinafter called the Town OF THE SECOND PART; WHEREAS s of Canada Inc. is the registered owner of the Lands described in Schedule "A" hereto annexed ( the said Lands ; WHEREAS s of Canada Inc. and the Town entered into an Agreement (the Site Plan Agreement dated 17 th day of May, 1996 and registered on May 24 th, 1996 as Instrument No. SN706327 with respect to the development of the Lands; WHEREAS the Owner obtained approval from the Town for Site Plan Revisions to include driveway entrance consolidation, access and parking area reconfiguration, new landscaping and all site works necessitated by the proposed drive-thru facility for the existing Tim Hortons Store in accordance with the approved drawings described in Schedule D hereto annexed; AND WHEREAS the parties have agreed to amend the Site Plan Agreement as set out herein; NOW THEREFORE in consideration of the premises and of the covenants herein contained and of the sum of One ($1.00 Dollar of lawful money of Canada paid by the Owner to the Town, receipt of which is hereby acknowledged, the Parties hereto mutually covenant and agree as follows: 1. In this agreement, the Director of Planning means the Town's Director of Community and Development Services from time to time or the holder of the office exercising the functions presently performed by the Director of Community and Development Services and the Director of Public Works means the Town's Director of Infrastructure Services from time to time or the holder of the office exercising the functions presently performed by the Director of Infrastructure Services. 2. The Site Plan Agreement is amended by adding the following Schedules, attached herein: (a (b (c Schedule B - Lands Conveyed for Public Purposes; Schedule D - List of Approved Drawings; and Schedule G - Special Provisions. Page 2 of 8
IN WITNESS WHEREOF the said parties have hereunto set their respective corporate seals under the hands of their duly authorized officers on the date hereinafter set forth. SIGNED, SEALED and DELIVERED in the presence of: WENDY S RESTAURANTS OF CANADA INC. Neil Lester, SVP Stephen Wirt, SVP - Development Date: THE CORPORATION OF THE TOWN OF FORT ERIE per: Douglas Martin, Mayor Carolyn Kett, Town Clerk Date: Page 3 of 8
SCHEDULES A. Description of Lands B. Lands Conveyed for Public Purposes D. List of Approved Drawings G. Special Provisions Page 4 of 8
SCHEDULE A Description of Lands Lot 4, North Side of Garrison Road, Plan 505 and Part Lot 7, West Side of Wadsworth Street, Plan 505 and Part Wadsworth Street, Plan 505 being Thyret Avenue (formerly Wadsworth Street also known as Central Ave., closed by By-law registered as RO706324 and designated as Part 1 and 2 on Plan 59R-9427 subject to RO706322, RO706323 and RO706328, now Town of Fort Erie, Regional Municipality of Niagara, Being all of PIN 64220-0257 (LT. Page 5 of 8
SCHEDULE B Lands Conveyed for Public Purposes The Owner shall transfer title to the Regional Municipality of Niagara, free and clear of all encumbrances and at its own expense, a 3.05m road widening along the entire frontage of on Garrison Road as shown on the approved drawings listed in Schedule D herein, to the satisfaction of the Regional Municipality of Niagara. Page 6 of 8
SCHEDULE D List of Approved Drawings 1. Site Plan for Tim Hortons Store No. 34, stamped received by CDS on February 19, 2007, Drawing No. SP, last revised February 15, 2007 or the last revision thereof. 2. Servicing and Grading Plan for Tim Hortons Store No. 34, prepared by R. J. Hart, P. Eng., stamped received by CDS on February 19, 2007, Drawing No. SG, last revised February 15, 2007 or the last revision thereof. 3. Site Plan for Tim Hortons Store No. 34, stamped received by CDS on February 19, 2007, Drawing No. SP, last revised February 15, 2007 or the last revision thereof. 4. Site Plan for Tim Hortons Store No. 34, stamped received by CDS on February 19, 2007, Drawing No. SP, last revised February 15, 2007 or the last revision thereof. 5. Site Plan for Tim Hortons Store No. 34, stamped received by CDS on February 19, 2007, Drawing No. SP, last revised February 15, 2007 or the last revision thereof. Page 7 of 8
SCHEDULE G Special Provisions 1. The Owner acknowledges and agrees that no construction shall take place until the Amending Site Plan Agreement is registered on title. 2. The Owner acknowledges that a cash contribution shall be paid by The TDL Group Corp. to the Town based on the frontage of the Tim Horton's and Wendy s Restaurant properties, for the construction of a 1.5m concrete sidewalk along Garrison Road. The Town will construct the sidewalk as part of the future reconstruction of Garrison Road to be undertaken by the Region and the Town. 3. A reciprocal easement between the TDL Group Corp. (formerly Tim Donut Limited and s of Canada Inc. for access and parking purposes shall be entered into between the two parties and a copy of the registered agreement be forwarded to the Town for information. 4. The Owner and/or TDL Group Corp. agree to gel seal or replace with PVC pipe, all sanitary sewer laterals that are not PVC pipe that currently service the subject lands. 5. Town records and field inspection have confirmed that the existing watermain and sanitary sewer, within the former Thyret Avenue road allowance, only service the subject lands. The Owner and/or TDL Group Corp. acknowledges and agrees to assume ownership and maintenance of existing sanitary sewer within the former Thyret Avenue road allowance upon registration of this agreement. 6. The Owner and/or TDL Group Corp. acknowledges and agrees that the Town will remove from service the existing watermain, within the former Thyret Avenue road allowance, following the installation of new water service laterals, identified in Special Provision #10. 7. The Owner and/or TDL Group Corp. Acknowledges and agrees that all costs associated with the transfer of the private services, within the subject lands, to the new water service laterals will be paid by the Owner. 8. The Owner and/or TDL Group Corp. acknowledges and agrees to immediately transfer their existing water service from the existing watermain, within the form Thyret Avenue road allowance, after new water service laterals, identified in Special Provision #10 are installed an in service. 9. After new water service laterals, identified in Special Provision #10 are installed, the Town shall release its interest in the existing easement over the Wendy s Restaurant s lands, transferred in favour of the Town of Fort Erie on May 24, 1996 as Instrument No. SN 706328. 10. In conjunction with the Town s Garrison Road capital project, a new water service lateral for each property will be provided by the Town from the Garrison Road watermain to the north limit of the Garrison Road road allowance. The location and size (19mm to 50mm diameter shall be confirmed by the Owner and/or TDL Group Corp., in writing, to the Town when so requested by the Town. Page 8 of 8