HomeMy WebLinkAboutKIN 92 080 Airport Agree - BEC
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1992-80
A BY-LAW TO AUTHORIZE THE SIGNING OF A COST DISTRIBUTION
AGREEMENT FOR TBE CONSTRUCTION OF RUNWAY OS/23.
WHEREAS the Council for The Corporation of the
Town of Kincardine deems it advisable to enter into a cost
distribution agreement to facillitate the construction of
runway OS/23;
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. That The Corporation of the Town of Kincardine enter into
an agreement with Bruce Energy Centre Limited to
distribute the costs of construction of the cross-strip
at the Kincardine Town and Township Airport.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with the Bruce Energy Centre Limited which is
attached to this by-law and to affix the Town's Corporate
seal as and when required.
This by-law is conditional upon the
easement agreement by Clarence and
referred to in the attached agreement.
4. That by-law No. 1992-62 be and the same is hereby
repealed.
3.
signing of the
Shirley Ackert
5. This by-law shall come into full force and effect upon
its final passage.
6. This by-law may be cited as the "Bruce Energy Centre
Agreement By-law".
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READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 18th
day of September, 1992.
Mayor
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THIS AGREEMEN~ MAD! this
day of September, 1992.
B II: T W II: II: N :
THE CORPORATION OF THE TOWN OF
KINCAkDINB and THE CORPORA~XON
OF ~II: TOWNsaXP OF KINCARDINE
Hereinafter called "the Owners"
.
OF THE FIRST PART
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BRUCE IHBRGY CENTRI LIMITED
Hereinafter called "the Corporation"
OF THE SECOND PART
WHEREAS the Owners own an airport known as "Kinoardine Town anè
Township Airport" on the lands described in Schedule "A" attachød
hereto (hereinafter called the "Airport Landa") which airport: ü¡;
managed and operated by the Kinoardine Town end Township Airport
Committee (the "Airport committeé");
AND WHEREAS the Owners have agreed to reconstruct Runway OS/23 O~
the oondition that the Corporation pays the Owner.' share of all
costs incurred in conneotion with the reoonstructiol'1 of Runway
OS/23;
AND WHEREAS Hel.mut Johann Sieber (herein ·Sieber") 1s the
registered owner of certain lands being part of Lots 29 and 30,
Concession "A", in the Townsh:l.p of Kincardine., in the County of
Bruoe which lands abut tha Airport Lands to the west:
AND WHEREAS Hal'll!! Trapp Dries (herein "Drie.") i8 the registered
owner, in trust, of certain lands being part of Lot 28 and 29,
Concession "A", in the Township of Kincardine, in the County of
Bruce which lands abut the Airport Lands to the east:
AND WHEREAS C1az:o.no. Aokert and Shirley Aokert (herein the
"Ackerts") are the registered owners of certain landa b9ing part
of Lot 26, Conoession "A", in the Township of Kincardine, in the
County of Bruce which lands abut the Airport Landa to the south;
NOW THBRIFORE THIS AGRF.:I3MSN~ W1'1'NS&SB$ that in considera Hon of
the mutual covenante and agz:oeernents herein contain.8.d And in
consideration Of the Burn of Two Dollars ($2.00) of lawful money
of Canaða· now paid by the Owners tc the other party hereto, the
raceipt whereof is hereby acknowledged by the other party, the
parties herato covenant, promise and agree with aach other as
follows:
1. Subjeot to the provisions of thi8 Agreément, the Owners
agree to ð..!~n and reconstruct ~unway OS/23 on the Airport
Lands which runway shall inolude the works and shall be in
accordance with the eng.1neering design criteria and
specifications set out in SOhedule "B" hereto (tlereinafter
called the . projeot" ) .
2.
The parties aoknowledge that a cost estimate for the Project
has been prepare4 by the OWners' engineer and is set out in
Schedule "C" attached hereto.
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3.
(e) Subject to paragraph 3. (c) below, the Corporation
agrees to pay the Owners' share of all costs incurred
in oOl'lnection with the Project includinq, without
limitation all construotion costs, all engineering
COlt. already incurred or to be incurred il) the design
of the Project and supervision of thê oonstruction, and
the oost of any liability insu~anC8 policy taken out by
the Owners indeømifying the Owners and the Owners'
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engineer from any loss arising from claims for damages,
injury or otherwise in connection with the oonstruotion
of the Project.
For the purpose of this Agreement, the "Owners' share"
of all costs shall be all costs incurred in connection
with the Project not covered by II. grant approved by the
Ministry of Transportation of Ontario covering fifty
per oent (50') of the costs incurred in connection with
the Project.
(b) Subj ect to paragraph 3. (c) below, the Corporation
further oovenants and agrees that:
(i) it will pay the entire cost of construction
of. the inter-conneoting taxiway, including
all granulars, asphalt, taxiway edge lighting
and apron lighting all of which costs are not
subject to a grant of subsidy from the
Ministry of Transportation of Ontario;
(11) the lighting system for the taxiway will be
inter-connected to the edge lighting for
Runway OS/23;
(i11)
the operation of the taxiway lighting will be
controlled by the Airport Committee.
(0) The maximum amount payable by the Corporation pursuant
to paragraph 3.(a) and 3.(b)(i) of this Agreement shall
not exceed $240,000.00 (excluding GST).
4. The Project and the additional items to be paid for by the
Corporation under paragraph 3. (b) ( i) hereof shall be
constructed under a tender called by and awarded by the
Owners.
5. (a) On or before the execution of tbis Agreement, the
Corporation shall have delivered to the Owners the sum
of $240,000.00 (the "Sum").
(b) The Owners shall deposit the Sum into an interest-
bearing account and the Corporation shall be entitled
to the interest earned on the Sum.
.
(c) The Owners shall be entitled at such time or times as
they determine in their absolute discretion to apply
the Sum toward payment of the oosts for whioh the
Corporation is responsible pursuant to paragraph 3.(a)
and 3. (b)( i) of this Agreement. When the Owners have
determined in their sole disoretion that all the costs
for which the Corporation is responsible pursuant to
paragraph 3. ( a ) and 3. ( b ) ( i ) of this Agreement have
been paid and when the condi tions referred to in
paragraph 6 have been met, then they shall refund to
the Corporation any part of the Sum still remaining in
trust.
6. The Owners shall use their best efforts to provide the
Corporation with oopies of the following documents as early
as is reasonably possible after such documents become
available: .
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(a) any oonstruction contracts and engineering plans and
specifications with respect to the Project and the
additional items described in paragraph 3.(b)(i); and
(b) any invoices submitted for payment with respect to the
Project and the additional items described in paragraph
3.(b)(i).
However, the Owners shall not be liable to the Corporation
in the event of any failure to comply with the foregoing.
In particular, and without in any way limiting the
foregoing, the Owners shall not be liable for any payments
made out of the Sum notwithstanding that the Corporation has
not received a copy of the invoice relating to such payment
or approved of the payment.
7. This Agreement is conditional upon and shall not be binding
until the following agreements have been entered into:
(II.) an agreement between Sieber and the Owners whereby
Sieber agrees to grant an easement over part of his
lands in favour of the Owners;
(b) an agreement between Dries and the Owners whereby Dries
agrees to convey part of his lands to the Owners in
exchange for the Owners oonveying part of the Airport
Lands to Dries;
(0) an agreement between the Ackerts and the Owners whereby
the Aokerts agree to grant an easement over part of
their lands in favour of the Owners.
The lands referred to herein are as set out in the sketch
attached to this Agreement as Schedule "D".
8. The Airport Committee in tendering for the reoonstruction of
Runway OS/23 shall stipulate that the granular materials
from the Corporation's pit located near the airport is a
satisfaotory source of Granular "8" subject to the approval
of the stockpiled material by a geoteohnical engineer.
9. The Owners covenant and agree wi th the Corporation as
follows:
(a) to oonstruction Runway OS/23 in a good and workmanlike
manner;
(b) to proceed diligently with the construotion of Runway
OS/23; and
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(c) to keep the Airport Lands free from any liens and
encumbrances.
10. The Owners aCknowledge that future expenses incurred by the
Owners in ongoing maintenance and repairs of Runway OS/23
shall be borne by the Owners and not by the Corporation.
11. This agreement shall terminate on the day when Runway OS/23
and all the additional items to be paid for by the
Corporation under paragraph 3. (b) (i) hereof have been
completed and all the conveyances of lands and easements
oontemplated by this agreement have been completed.
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12. This Agreement shall enure to the benefit of and shall be
binding upon the respective heirs, successors and assigns of
each of the parties hereto.
IN WITNESS WHEREOF the Partiss hereto have hereunto affixed their
respective corporate seals atteste!! by the han!!s of their
respective officers duly authorized in that behalf.
SIGNED, SEALED ARD DBLIVERED
in the presence of
) THE CORPORATION OF THE TOWN
) OFK~
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) Mayor :
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THE CORPORATION OF THE
TOWNSHIP OF KIN~NE
Per: R~
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Arch h -
en.
Per:
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semWULE 'A'
1\1,1, 1\ND SINGUI,1\fi that certain parcel or tract of land and
pr-emi.ses situate, lying and being in the 'rownship of
Kincardine, in the County of Bruce and Province of ontario and
being composed of part ofr.ot 27, Concession IIA" or Lake nange
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and mor-e partlcularly descr-lbqd as follow.:
¡
ßr~1\IUNG HEREIN are astronomic and are derived fr-om deposit plan
Number 425:
COMMENCING at a point in the southerly limit of said lot 27.
concession "1\" distant 10 feet measured north 61 degrees 31
minutes 40 seconds west ther-ealong from the southeaster-ly
corner thereof:
TlllmCE North 29 degrees 1i minutes 00 seconds East along the
westerly limit of the Kings Highway Number 21 as shown on the
said Deposit Plan Number 425 a distance of 636.04 feet mor-e or
less to a point thereon dis.tant 20 feet measured south 29 degrees
11 minutes West therealong from the northerly limit of said Lot 27;
'l'lmNCI!: North 61 degrees 8 minutes 00 seconds West and par-allel
to the said northerly limit of Lot 27 a distance of 200.0 feet;
'l'lmNCI!: South 29 degrees 11 minutes 00 seconds West and parallel
to the said westerly limit of the Kings Highway Number 21 a
distance of 387.42 feet;
THENCE North 61 degrees 31 minutes 40 seconds West and par-allel
to the southerly limit of said Lot 27 a distance of 4.749.98
feet;
'I'HENCE Soutll 29 degrees 11 minutes 00 seconds West and parallel
to the said westerly limit of the Kings Highway Number 21 a
distance of 250 feet to the said southerly limit of Lot 27;
'l'IIENCE south
said soul:herly
or less to the
61 degrees 31 minutes 40 seconds East along the
limit of Lot 27 a distance of 4,950.00 feet mor-e
point of commencement.
~.J:;kQ!'i!lIti.
1\1,1, 1\ND SINGULAR that certain par-cel or tract of land and
premises situate, lying and being in the Township of
Kincardine, in the Co~nty of Druce and Pr-ovince of ontario and
being compof¡ed of parI¡. of Lot 27, in Concession "A" and being
Part 2 on Reference Plan 3R-43ß deposited in the Registr-y
Office for the Registr-y Division of Br-uce No. 3 on the 16th
day of september 1973 and parts 3 and 4 on said neference Plan
3R-438, said Parts 3 and 4 being par-t of Lot 28 in concession
"1\", Lake Range, 'rownship of Kincardine, Druce Couuty.
'l'IIIRDLY
1\J.I, 1\ND SINGUJ.1\n that cer-Lain par-eel or- tract of land oud
..._.prelllises situate, lying and being in the' 'rownship of
. l<incardine, in the County of Br-ucé and Province of ontario and
being composed of part of Lots 20 and 29, in concession "1\" and
being. . Parts. 5, 6 and B on neferencePlan 3n-43ßdeposited jn
the.rtegistrY.Office for the neglstry Division of Bruce No. 3
òn . the. 16th day oJ' 'September-, 1972, said Part 5. on Reference
Plan 3R-:0438. being composed of part of 1,0t 20, Concession "1\"
only and said Parts 6 and ß on Reference Plan ·3fi-43ß being
composed of part of Lot 29, Concession "1\" only.
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/\1.[, /\N[} SINGlJL/\H that cerLaj n par:ce l or: Lr:act of: :I and nlld
p:el~.i.ses s.L~lIate, lying élnd being ill the 'I'owIIsldp of
¡(.lI.lcdrdlne, HI the County of Bruce and pr:ovlnce of OnL8[10 and
be1ng composed of paJ.:t of Lot 29, Concessioll "1\" and beillg Part
7 _on. Referel~ce Pla~.) ~R-:-430, deposited in the HegisLry orUce
for t.he Reg1stry D1VIS10II of ßrllce No. 3 on the 16th day or
seplember, 1973.
!!~l f'l'J!LY
1\LL .1\ND SlNGlJL1\H lhal certain parcel or tract of lalld alld
pl.:·8111J ~e~ s.i~ua~e, ;lylllg and being ill the 'l'owllship of
ICll.lcardll1e, 1n LI~e Counly of Bruce and Province of Onlario and
l:eJI~ç compos~d of p~tl: of Lot ~O, Concession "1\" designal:ed as
[,éI~t. 1 on ~eferell<;:eP~an depos1ted in l:he Land Registry Office
1.01. l:he RegJ.stry IHvls10n of Bruce No. 3 as 3n-3613.
f!1X't!!I.,y
1\1.1. I\ND SINGUl,I\R Llwt certain parcel or tract of lHnd HIIlI
premises situal:e lying èllle! being , in the 'l'ownshlp of
IUI,lCardine, in th~ COllnty of 13) uee alld Provl nce of onLad 0 ¿llId
l;eJ:n9 composed of part of Lot 26, Concession "1\", desiglluted as
¡ al. ~s 1, 2, ~, " and 5 on Reference Plan deposJ ted in the L¿IIIe!
Reglstry Offlce for the Registry Division of Brllce No 3 as
3R-3ß03. ..'
SEVENTHLY
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Township of Kincardine, in the
County of bruce and Province of Ontario, and being co~posed of that
part of Lot Number Twenty-Seven (27) in Concession "A" of the said
Township of Kincardine more particularly described as follows:
PREMISING that the Southerly limit of naid Lot 27 has a bearing of
North 60 degrees 45 feet West and relating all bearings herein
thereto¡
COMMENCING at a point in the Southerly limit of said Lot, distant
forty-nine hundred and sixty (4960.0') feet measured North 60
degrees 45 feet West thereon fro~ the southeasterly angle of said
lot;
THENCE North 60 degrees 45 feet Hest along said southerly limit
a distance of eight hundred and sixty-four (864') feet to the
easterly limit of a given road crossing said lot;
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THENCE North 22 degrees 55 feet East along said easterly limit a
distance of six hundred and sixty (660') feet more or less to the
northerly limit of· said lot;
THENCE Sout~ 60~degrees 45 feet East along said northerly limit t6
its intersection with a line drawn through the point of commencement
in a northerly direction and parallel with the easterly limit of
said lot;
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SCHEDULE "Au - PAGE 3
THENCE Southerly along said. parallel line a distance of six
hundred and sixty (660') feet more or less to the point of
commencement. SAVE A~D EXCEPT Part 30, Reference Plan 3R-826.
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TOGETHER WITH A RIGHT OF WAY in common with others entitled thereto
over part of said Lot 27, mori particularly described as follows:
COMMENCING at a point in the westerly limit of a travelled public
road, distant four hundred and five feet and thirty-five one-
hundredths of a foot (405~.35) measured North 23 degrees
17 feet 40 inches East from a point in the southerly limit of said
Lot 27, distant five thousand, eight hundred and ninety feet and
thirty one-hundredths of a foot(5890'.30) measured North 60 degrees
45 feet West from the southeast angle of said Lot 27;
THENCE North 63 degrees 33 feet 30 inches Wes t, a dis tance of t ',0
hundred and forty-seven feet and eighty-one one-hundredths of a
foot (247' .81) to a point;
THENCE North 76 degrees 12 feet West, a distance of seven hundred
and fourteen feet and thirty-six one-hundredths of a foot (7l4' .36)
to a point;
THENCE North 57 degrees 25 feet 30 inches West, a distance of
three hundred and seven feet and sixty-six one-hundredths of a
foot (307'.66) to a point;
THENCE North 29 degrees 06 feet 30 inches East, a distance of
thirty-one feet and forty-one one-hundredths of a foot (31' .41) to
Ii point;
THENCE North 60 degrees 45 feet West, a distance of twenty-eight
and fifty-eight one-hundredths of a foot (28' .58), to a point;
THENCE North 24 degrees 50 feet 30 inches East, a dis~ance of
four hundred and seventeen feet and eighty-seven one hundredths
of a foot (417' .87) to a point; in the northerly limit of said
Lot 27;
THENCE 60 degrees 45 feet West, along same, a distance of two
hundred and fifty feet and fiteen one-hundredths of a foot
(250'.15) to the westerly limit of Lot 27;
THENCE South 24 degrees 50 feet 30 inches West, along same,
thirteen feet (13'.00) to a point;
THENCE South 60 degrees 45 feet East, a distance of two hundred
feet (200' .00) to a point;
THENCE South 24 degrees 50 feet 30 inches West, a distance of
four hundred and sixty-five feet (465'.00) to a point;
THENCE North 60 degrees 45 feet West, a distance of two hundred
feet and seventy-four one-hundredths of a foot (20Q'.74), to the
westerly limit of said Lot 27;
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SCHEDULE NAN - PAGE 4
THENCE along same, South 29 degrees 06 feet 30 inches West, a
distance of forty feet and three one-hundredths of a foot (40'.03),
to a point;
THENCE South 60 degrees 45 feet East, a distance of two hundred and
fifty feet (250'.00) to a point;
THENCE North 29 degrees 06 feet 30 inches East, a distance of
twenty-nine feet and ninety-six one-hundredths of a foot (29' .96),
to a point;
THENCE South 57 degrees 25 feet 30 inches East, a distance of
three hundred and thirty-six feet and ninety one-hundredths of a
foot (336'.90) to a point;
THENCE South 76 degrees 12 feet East, a distance of seven hundred
and sixteen feet and fifty-four one-hundredths of a foot (716' .54)
to a point;
THENCE South 63 degrees 33 feet 30 inches East, a distance of two
hundred and forty-five feet and fifty-seven one-hundredths of a
foot (245'.57) to the westerly limit of a travelled public road;
THENCE North 23 degrees 17 feet 40 inches East, forty,feet
and six one-hundredths of a foot (40'.06) to the point of
commencement.
As described in Instrument 0201880
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SCIŒIHJL1t'l\'
l'IWJECr UESCIUI'TlON
IUi:CONSTIWCTION OF RlINWA Y OS/2J (660 mc(rcs)
KINCAlmlNE TOWN ANn TO\vNSIIII' Aml'ORT
,
The Jw!,osed lceolJstructiolJ of Runwuy OS/23 illvolvcs (he const1'llcljOl1 of II pllved rU1l\vuy,
fifteen (15) metrcs in width, upproximutely 660 metres ¡nlellglh nlld dcsigncd in IIcconlallce
with thc applicable slandards !llId lecolllmended practices of Transport Callada us
doculllenteú in their puulicalÏ<)II '1'1' 312E ror a Code· lA, Non-Instrument rUllwny. The
nlignl1lcnl or Ihc runwny shaUbe 039"-219" truc, ¡¡iviilg 1\ magnetic dcsignalioll for the
Runway of OS/23.
The nllnvny will proviùe II paved landing slIrface for fixed wing uircrl1ft ill additioll 10
fllcililatillg uircraflnccess 10 IInù fmlll Ihe cxisling Brucc Ellergy Celli re Buildillg apron vi;t
u laxiway cOllllceleù 10 1~lIlIway OS/23 approximately 500 IIIclles northeast '[10111 (he
intersection of HUlI\vllY IJ/J I along Ihe proposed Runway OS/23 cenlreline.'
The >rnposed runway ami conlJecling laxiway (as idcnlificd above) will be lighlcd alld
111111 ked ¡naccordance wilh Ihe standards and recommended pracliccs of Transporl Canada.
Lighling for the connecting tnxiwny inclnding the IIpJ'On/laxiway intersection lights will be
connccted 10 the Killcmuine Town ¡lIId Township Airport ligllling sy~lclII nllu will be
¡¡clivnlcd as part of the nirpml AnC^L (^ircrafl naù;o ConllOl or Aerodromc Lighting)
systcm.
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SCHEDULE 'C'
PROJECT COST ESTIMATE
RECONSTRUCTION OF RUNWAY OS/23 (660 melres)
KINCARDINE TOWN AND TOWNSHIP AIRPORT
ell
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PART 1.0· Civil 8ml Eleclrlcal Works· Runway OS/23 (660 melres)
1 Eallh e)(cavallonlncludlng lopsoll stripping and $14,400.00
stockpiling
2 Borrow. $ 1 5,600.00
3 Granular '0' $65,000.00
4 Granular 'A' $40,30000
5 HL4 AsplJal1 (Modilled) $00,000.00
6 Rell1ovo o)(lsllng Subd, alrr Manholo and Roconnecl $000.00
Subdraln
7 150 nlln Polyelhylene Subdraln $20,700.00
0 150 111111 dia. CSP Subdrain oullels $1,000.00
9 Subdraln Clean·ouls $11.200.00
10 000111111 dia. CSP Class 'A' Bedding $6,400.00
11 000 mill dia. CSP Type I Bedding $4,000.00
12 Rip Rap $600.00
13 Place Topsoil $19,000.00
14 Seed and Mulch $19,00000
15 Line Painting $4,000.00
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16 Electrical, I.e. I.,lghllng and Wlndcone $62,000.00
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PAnT 1.0 SUD-TOTAL $380,000.00
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SCHEDULE 'C' (Conl'd)
PROJECT COST ESTIMATE
RECONSTRUCTION OF RUNWAY OS/23
KINCARDINE TOWN AND TOWNSHIP AIRPORT
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!'Anl 2.0.. >ICIIC!99Iollnl SPlvlcr.9 nllcll:ollçllllr.l!c I:( IIII!IPII~"'~
Civil alld Geotechnical EngineerIng Services
Construcl/oll COlIl/gency
PART 2.0.. SUB-TOTAL
PROJECT TOTAL PAnT 1.0 + PA,AT 2.0,
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$70,000,00
$50,000,00
$120,000.00
$500,000.00
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lands
owned by Sieber
owned by. Owners
owned by Dries, In
owned by A ken:s
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2. """ II NOT A I.EON. IUIIYtY.
KINCARDINE TOWN
AND
TOWNSHIP AIRPORT
£A9EMENT AND
LAND EXO~GE AREAS
DATE:
AUClUIT 1112
SCN..!I
1,4000