HomeMy WebLinkAboutKIN 95 055 Tender - Sidewalks
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1995-55
A BY-LAW TO ACCEPT A TENDER FOR RECONSTRUCTION OF SIDEWALKS
WHEREAS the Council for The Corporation of the
Kincardine deems it expedient to accept a tender
sidewalk reconstruction in the Town of Kincardine;
Town
for
of
the
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1. That the tender of Nicholson Concrete in the amount of
$20,704.07, including taxes, be hereby accepted.
2. That the mayor and clerk are hereby authorized to sign,
on behalf of the Council for The Corporation of the Town
of Kincardine, any contracts and other documents required
to authorize such work to commence and to affix the
corporate seal of The Town of Kincardine.
3. This by-law shall come into full force and effect upon
its final passage.
4. This by-law may be cited as the "1995 Sidewalk Tender
Acceptance By-law".
READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this
14th day of September, 1995.
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Mayor
Clerk
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TOWN OF KINCARDINE
TENDERS
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SITE~A.N AGREEMENT
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This AGREEMENT made this 1#1 day of September, 1995.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
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WATSON PROPERTIES SINCE 1879 LIMITED
herinafter called the "Owner"
of the Second Part.
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WHEREAS the Owner represents that
owner of those lands in the Town of
Bruce, described in Schedule "A"
forming part of this agreement;
he is the registered
Kincardine, County of
attached hereto and
AND WHEREAS the parties hereto
affected by this agreement are as
attached hereto;
agree that the lands
set out in Schedule "A"
AND WHEREAS the Town
By-law pursuant to
Planning Act, R.S.O.,
has enacted a Site Plan Control Area
the provisions of Section 41 of the
19~0, c.P.13, as amended.
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AND WHEREAS the coven_nts, agreements, conditions and
understandings herein eontained on the part of the Owner
and the Party of the Third Part, if any, shall run with the
land and shall enure to the benefit of and be binding upon
the parties hereto and their heirs, executors,
administrators, successors and assigns, as the case may be,
and shall be appurtenant to the adjoining highways in the
ownership of the Town.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in
consideration of the approval of the plans for the
development on subject parcel of land by the Town and the
sum of ONE ($1.00) DOLLAR, the receipt of which is hereby
admitted, the Owner for himself and for all successors in
title, HEREBY AGREES with the Town as follows:
PART A . GENE~ 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 hereby releases the Town, 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.
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".
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Site Plan Agreement
The Owner will at all times indemnify and save
harmless the Town on a solicitor and client basis from
all loss, costs and damages which the Town may suffer,
be at or be put to, for or by reason of the execution
of this agreement.
5. The clauses of this agreement are independent and
severable and the striking down or invalidation of any
one or more of the clauses does not invalidate all or
any of the remaining clauses.
4.
6. Nothing in this agreement shall relieve the Owner from
complying with all applicable municipal requirements.
7. The Owner hereby grants to the Town, its servants,
agents and contractors a license to enter the "subject
lands" for the purpose of inspection of the works and
the "subject lands" or for any other purpose pursuant
to the rights of the Town under this agreement.
PART B . SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
8.
The Owner
"subject
with the
attached
to as the
agrees to undertake development on the
lands", at his sole expense, in conformity
site plan as detailed in Schedule "B"
hereto, which shall hereinafter be referred
"approved site plan".
9.
The Owner agrees
abide by, at his
requirements as
hereto.
to provide, install or otherwise
sole expense, the site development
detailed in Schedule "C" attached
10.
a) Upon completion of
lands· in conformity
agreement, the Town
compliance.
the development of the "subject
with the provisions of this
shall issue a certificate of
b) "Certificate of Compliance" shall mean a statement
of the Town as to the substantial completion of the
works, matters and facilities required by this
agreement and shall not be deemed to certify
compliance with any other municipal requirements,
regulations, or by-laws, and the Town shall not be
stopped from pursuing any or all of its rights to
enforce the continuing obligations of the Owner under
this agreement or to enforce any other of the Town's
requirements, regulations or by-laws which relate to
the subject lands.
11.
The Owner hereby acknowledges that failure to complete
all required works within the specified time period
shall mean a certificate of compliance will not be
issued until such work necessary to complete the
development is done, and that until such certificate
of compliance has been issued, in the event that the
prescribed time period has lapsed, the Town has the
right to refuse issuance of any permit necessary to
carry out any additional work on the "subject lands".
All maintenance and repair of facilities and matters
required by this agreement shall be done by the Owner
from time to time at his sole risk and expense and the
Owner agrees the "subject lands" will not be issued in
any matter which will impede or prohibit performance
of the maintenance provided for in this agreement.
12.
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Site Plan Agreement
13. The Owner agrees to maintain in good repair and at his
sole expense the "subject lands" in conformity with
the provisions of Schedule "B" (approved site plan)
and Schedule "C" (site development requirements), and
all other requirements pursuant to this agreement, and
all repair or maintenance shall conform with the
requirements of this agreement as it applied to the
original development.
l4. The Owner agrees that all vaults, container,
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".
15. The Owner agrees that, at his sole expense, all
parking areas provided on the "subject lands" shall be
reasonably in all circumstances, 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 Town'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 or where melt water would
adversely affect an abutting property.
16. The Owner agrees to maintain at his sole expense and
in good repair to the standards acceptable to the Town
all landscaped open space, private driveways and
complementary facilities, and private approach
sidewalks which are located on untraveled portions of
Town owned road allowances abutting the subject lands.
17. The Owner agrees that all facilities and matters
required by this Agreement shall be provided and
maintained at its sole risk and expense and to the
satisfaction of the Town and that in default thereof
and in the sole discretion of the Town, the Town may
perform such requirements at the expense of the Owner
and such expense may be recovered by the Town in like
manner as municipal taxes within the meaning of
Section 326 of the Municipal Act, R.S.O., 1990,
c.M.4S, as amended.
18. The Owner agrees to do the following:
a) subject to The Public Transportation and Highway
Improvement Act, R.S.O. 1990, to provide access to
and from the lands such as access ramps and curbings
and traffic direction signs;
to dedicate to the Town, free and clear of all
encumbrances, all Easements and lands required by the
Town for the construction, maintenance and improvement
of any existing or newly required watercourses,
ditches, land drainage works and required
watercourses, and sanitary sewage facilities on the
land and, on request by the Town, to deliver the
properly executed documents in a form that can be
registered, to the Town in order to complete the
dedication to the Town and to pay all costs incurred
by the Town in respect to the aforementioned
dedications;
b)
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Site plan Agreement
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to, where required by Town resolution, dedicate to the
Town widening of highways that abut on the land
described in Schedule "A" attached hereto, free and
clear of all encumbrances.
c)
PART C - DEFINITIONS
i)
19. In this Agreement and the Schedules attached hereto:
"Building Area"
the erection and
be permitted.
shall mean the only area upon which
use of buildings and structures shall
ii) "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.
iii) "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 vehicles.
iv) "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 Town and
shall be kept clear of all weeds and natural growth
which is prohibited by other Town by-laws. Areas of
Natural Open Space may include areas of Landscaped
Open Space.
IN WITNESS WHEREOF the Town has hereto affixed its
corporate seal attested by the hands of its mayor and clerk
this ~ day of September, 1995. JÞ~ parties
have hereunto set their hands and seals this ~ day
of September, 1995.
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SIGNED, SEALED AND DELIVERED )
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WATSON PROP
LIMITED
SINCE 1879
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SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and
premises, situate, lying and being in the Town of
Kincardine, County of Bruce, and Province of Ontario, and
being composed of Part of Block "B", as shown on Plan M-33
(Town of Kincardine) registered in the Land Registry Office
Bruce (No.3), Land Titles Division at Walkerton and being
more particularly described as Parts 2, 3, 4, 5, 6 and 7,
on a Plan of Survey deposited in the Land Registry Office
Bruce No.3, Land Titles Division as Reference Plan
3R-3263.
TOGETHER with an easement at any time to enter 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 Block "B", as
shown on Plan M-33 (Town of Kincardine) registered in the
Land Registry Office Bruce No.3, Land Titles Division of
Bruce at Walkerton designated as Parts 2, 3, 4, 5, 6, 7, 8,
9 and 10, on a Plan of Survey of records registered in the
said Office as Number 3R-2779, for purposes of ingress and
egress at all times for the Transferee, its servants,
employees, workmen, agents and contractors.
TOGETHER with an easement at any time to enter 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 Block "B",
as shown on Plan M-33 (Town of Kincardine) registered in
the Land Registry Office Bruce No.3, Land Titles Division
of Bruce at Walkerton designated as Part 1, on a Plan of
Survey of record registered in the said Office as Number
3R-3263, for purposes of ingress and egress at all times
of the Transferee, its servants, employees, workmen,
agents and contractors.
Subject to an easement in favour of the Hydro-Electric
Power Commission of Ontario over Part of Block "B", Plan
M-33, Town of Kincardine and now designated as Parts 5, 6
and 7, on said Reference Plan 3R-3263, formerly Part of
Parts 25, 24 and 23, respectively, on Reference Plan
3R-1376, according to the terms and conditions of said
Easement registered as Number 14041, Town of Kincardine,
under the Registry Act.
And subject to an easement in favour of Bell Telephone
Company of Canada over part of said Block "B", Plan M-33,
Town of Kincardine and now designated as part of Part 24,
on Reference Plan 3R-1376, according to the terms and
conditions of said Easement registered as Number 52387,
Town of Kincardine, under the Registry Act, said Easement
affecting Part 6 on said Reference Plan 3R-3263.
And subject to easements in favour of the Corporation of
the Town of Kincardine over parts of Block "B", Plan M-33,
being parts 4, 5, 6 and 7, on said Reference Plan 3R-3263,
formerly part of Parts 20, 21, 22 and 23, on said
Reference Plan 3R-2779, according to the terms and
conditions of said Easement registered as Number 10169.
SUBJECT TO a right-of-way over part of said Block "B",
Plan M-33, being said Part 2 on Reference Plan 3R-3263,
for the benefit of the owners from time to time of the
remainder of said Block "B" and all of Block "K", Plan
M-33, Town of Kincardine, (being the lands immediately to
the South of said Part 2 on Reference Plan 3R-3263), their
employees, suppliers and customers for vehicular and
p....trian traffic, over, alon. and upon .aid ri.~aY.
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SCHEDULE "A' . PlUle 2
ALL AND SINGULAR those certain parcels or tracts of land
and premises situate, lying and being in the Town of
Kincardine, in the County of Bruce and Province of Ontario
and being composed of:
FIRSTLY: The whole of Block "B" as shown on Plan M-33
(Town of Kincardine) registered in the Land Registry
Office Bruce No.3, Land Titles Division at Walkerton,
save' and except those parts of said Block "B", designated
as Parts 2, 3, 4, 5, 6 and 7 on a Plan of Survey deposited
in the Land Registry Office Bruce No.3, Land Titles
Division as Reference Plan 3R-3263.
SUBJECT TO AN EASEMENT in favour of The Corporation of the
Town of Kincardine at anytime to enter on part of said
Block "B", Plan M-33, designated as Parts 2, 3, 4, 5, 6,
7, 8, 9 and 10, on a Plan of Survey filed in the Land
Registry Office Bruce No.3, Land Titles Division as
Reference Plan 3R-2779 according to the terms and
conditions of said Easement as set out in instrument
Number 11750.
AND SUBJECT TO AN BASEMENT in favour of The Corporation of
the Town of Kincardine to enter on part of said Block "B",
Plan M-33, designated as Part 1 on said Plan 3R-3263,
according to the terms and conditions of said Easement as
set out in Instrument Number 11749.
AND SUBJECT TO AN BASEMENT in favour of The Hydro-Electric
Power Commission of Ontario over part of said Block "B",
Plan M-33, now designated as Parts 8, 9 and 10 on said
Reference Plan 3R-3263 and parts 8, 9, 10, 14, 15, 16, 17,
18 and 19, on said Reference Plan 3R-2779, formerly part
of Parts 23, 24 and 25, on Reference Plan 3R-1376,
according to the terms and conditions of said Easement
registered as Number 14041, Town of Kincardine, under the
Registry Act.
AND SUBJECT TO AN EASEMENT in favour of The Bell Telephone
Company of Canada over part of said Block "B", Plan M-33,
now designated as Part 9 on said Reference Plan 3R-3263
and Parts 9, 15 and 18, on said Reference Plan 3R-2779,
formerly part of Part 24, on Reference Plan 3R-1376,
according to the terms and conditions of said Easement
registered as Number 52387, under the Registry Act.
TOGETHER WITH A RIGHT-OF-WAY over part of said Block "B",
Plan M-33, being Part 2 on said Reference Plan 3R-3263 as
set out in Instrument Number 11750.
TOGETHER WITH A RIGHT-OF-WAY over part of said Block "K",
Plan M-33, being Part 1 on said Reference Plan 3R-2969 as
set out in Instrument Number 10171.
TOGETHER WITH A RIGHT-OF-WAY over part of said Block "K",
Plan M-33, being Part 1 on said Reference Plan 3R-3527 as
set out in Instrument Number 13974.
AND SUBJECT TO AN BASEMENT in favour of The Corporation of
the Town of Kincardine over part of said Block "B", plan
M-33, Town of Kincardine now designated as Parts 6, 7, 8,
9, 10, 12, 13, 14, 15, 16, 17, 18 and 19, Reference Plan
3R-2779, and parts 8, 9, 10 and 11 on Reference Plan
3R-3263, according to the terms and conditions of said
Easement registered as Number 10169, being Parcel B-2,
Section M-33. ~
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SCHEDULE "A' . PBIle 3
SECONDLY: The whole of Block "K", as shown on Plan M-33,
(Town of Kincardine), registered in the Land Registry
Office Bruce No.3, Land Titles Division at Walkerton less
Parts 1, 2, 3, 4, 5 and 6, on a Plan of Survey filed in
the Land Registry Office Bruce No.3, land Titles Division
as Reference Plan 3R-2969 and further, save and except
Parts of said Block "K" designated as Parts 1, 2, 3, 4, 5
and 6 Reference plan 3R-3S27.
SUBJECT TO AN EASEMENT in favour of The Hydro-Electric
Power commission of Ontario, over Parts of Block "K", Plan
M-33, Town of Kincardine, and now designated as Parts 8, 9
and 10 on said Reference Plan 3R-2969, save and except
Parts 4, 5 and 6 respectively on Reference Plan 3R-3S27
formerly parts of Parts 25, 24 and 23 respectively on
Reference Plan 3R-1376, according to the terms and
conditions of said Easement registered as Number 14041,
for the Town of Kincardine under the Registry Act.
AND SUBJECT TO AN EASEMENT in favour of The Bell Telephone
Company of Canada over part of said Block "K", Plan M-33,
Town of Kincardine and now designated as Part 9 on said
Reference Plan 3R-2969, save and except Part 5 on
Reference Plan 3R-3527 formerly part of Part 24 on
Reference Plan 3R-1376, according to the terms and
conditions of said Easement registered as Number 52387,
under the Registry Act.
AND SUBJECT TO EASEMENTS in favour of The Corporation of
the Town of Kincardine over parts of said Block "K", Plan
M-33, Town of Kincardine, and now designated as Parts 7,
8, 9. and 10 on said Reference Plan 3R-2969, save and
except Parts 3, 4, 5 and 6 respectively on Reference Plan
3R-3S27 according to the terms and conditions of said
Easement registered as Number 10169.
TOGETHER WITH A RIGHT-OF-WAY over part of said Block "K",
Plan M-33, being Part 1 on said Reference Plan 3R-2969,
according to the terms and conditions contained in
Instrument Number 10171.
TOGETHER WITH A RIGHT-OF-WAY over part of said Block "K",
Plan M-33, being Part 1 on said Reference Plan 3R-3527,
according to the terms and conditions contained in
Instrument Number 13973.
AND SUBJECT TO AN EASEMENT in favour of The Corporation of
the Town of Kincardine over part of said Block "K", Plan
M-33, Town of Kincardine, now designated as Part 7 on
Reference Plan 3R-3527 according to the terms and
conditions of said Easement registered as Number 13973.
AND SUBJECT TO AN EASEMENT in favour of The Corporation of
the Town of Kincardine over part of said Block "K", Plan
M-33, Town of Kincardine, now designated as Part 2 on
Reference Plan 3R-2059, according to the terms and
conditions of said Easement registered as Number 7906,
being Parcel K-3, Section M-33.
As previously described in registered instrument number
21738.
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The "approved site plan" , known as Phase II, BlockS/I "E", ff
shall be the plan drawn by the Owner and marked as the
"approved site plan", signed by the Town's
clerk-administrator or deputy, signed by the Owner and with
any changes marked in red and initialed by the
clerk-administrator or deputy and the Owner. This
"approved site plan" shall be filed with the Town's
clerk-administrator.
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SCHEDULE 'B'
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SCHEDULE 'C'
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SITE DEVELOPMENT REQUIREMENTS
1.
The Owner
required
-31, 1996.
agrees that the completion date for all work
pursuant to this agreement shall be August
2. The Owner agrees to prepare a grading and drainage
plan acceptable to the Town and all surface and roof
drainage shall be controlled in accordance with the
approved plans in a manner satisfactory to the Town.
3. The Owner agrees that any floodlighting of the land
shall be installed in such a manner so as to deflect
the light away from adjacent streets and properties or
so controlled in intensity so as to prevent glare on
adjacent streets and properties.
The Owner agrees to ensure during development of the
"subject lands" that appropriate devices are installed
and measures taken to prevent unreasonable erosion of
soil from the site by wind or water, and the Owner
agrees to abide by any request of the Town's Chief
Building Official or Engineer in this regard, acting
reasonably.
4.
5.
The Owner agrees to 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
abide by the requirements of the Town's Public Works
Manager in this regard, acting reasonably.
6. 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 Town's
fire fighting equipment.
7. 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".
8.
The Owner agrees that the site and building shall be
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.
9. 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 street line to the property
line with asphalt, concrete or other hard
surfacing acceptable to the Town's Engineer.
removal of existing driveways which are not to ~.
be used with replacement by appropriate ~H ~
landocapinq aa datailed above. ~ ¡r~
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, . , Schedule "C" - cont'd Site Plan Agreement
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10. The Owner agrees to obtain a building permit within
six (6) months from the date of this agreement.
Failure to obtain a building permit within the
prescribed time period shall mean this agreement is
null and void.
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11. The Owner agrees that all driveways and parking areas
as indicated on the "approved site plan" shall be
surfaced with asphalt, cement, or other hard surfacing
acceptable to the Town's Engineer.
12. The Town's clerk-administrator may agree in writing to
minor variations to provisions of this agreement, and
such minor variations shall not constitute an
amendment to this agreement.
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