HomeMy WebLinkAboutKIN 92 055 SVCA Construct Agree
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1992-55
A BY-LAW TO AUTHORIZE THE SIGNING OF A CONSTRUCTION AGREEMENT
WITH THE SAUGEEN VALLEY CONSERVATION AUTHORITY.
WHEREAS the
Kincardine deems
agreement in order
Town of Kincardine;
council for The corporation of the Town of
it advisable to enter into a construction
to undertake erosion control works with the
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 Saugeen Valley Conservation Authority
to provide erosion control to properties located on the
south side of Broadway street, commonly known as lots P &
Q, plan 61, in the Town of Kincardine.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with the Saugeen Valley Conservation Authority
which is attached to this by-law and to affix the Town's
Corporate seal as and when required.
3. This by-law shall come into full force and effect upon
its final passage.
4. This by-law may be cited as the "Saugeen Valley
Conservation Authority Construction Agreement By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 6th
day of August, 1992.
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This INb~TUKß made this 9th day of July 1993.
BETWEEN:
SAUGBBR VALLEY CONSERVATION AU':rBORITY
herinafter called the "Authority"
of the Second Part.
-and-
TIlE CORPORATION OF TIlE TOWN OF KINCARDINE
hereinafter called the "Owner"
of the First Part,
WHEREAS the property of the owner commonly known as lot P &
Q, Plan 61, Town of Kincardine, County of Bruce, has
flowing through it a stream with deteriorating banks and
whereas the authority has agreed to enter into a Program
for the improvement of the said banks upon the property of
the Owner under the terms and conditions hereinafter set
out.
THIS ~ WITRBSSETB THAT in consideration of the
mutual covenants that is herein contained and subject to
the terms and conditions hereinafter set out, the parties
agree as follows:
1. The Authority agrees to construct upon the property of
the Owner an improvement to the stream's bank thus
described in the program already presented to the owner.
2. The parties hereto agree that they will share the costs
of the project upon the following basis:
Total. Estimated Project Cost: $15,000
LandoWner.J 50% of ~otal cost to a maximum of $7,500
Saugeen Valley Conservation Authority: 50% of Total
Project Cost
3. The Authority hereby agrees to complete the stipulated
works on or before 30 September 1992.
4. The Owner agrees to allow the Authority, its agents,
and employees to enter upon the land for the purposes of
the project and the construction thereto. The said access
permission will include machinery of the Authority or his
assigns as well as the employees of the Authority.
5. Upon completion of the improvement works, the parties
hereto agree that the Owner shall be totally responsible
for the proper maintenance of the project area and without
limiting the generality of the foregoing, the Owner shall:
(a) allow no livestock access to the projet area for
the period of years from the time of
----~~-- ..completion 0": t-hB----proj.ect; ___ ______
(b) employ proper land use practices so as to provide
a vegetation buffer zone of .
6. The parties hereto agree that upon proper notification
to the Owner, the Authority shall have the right to enter
on the property for the purposes of inspection or
demonstration of the site to third parties, and this right
shall continue for a period of 5 years.
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7. The Authority agrees to supply to the Owner, free
charge, technical advice or assistance following
completion of the project to ensure that the project
is properly maintained to prevent further erosion.
8. The Owner agrees to indemnify the Authority harmless
from damages caused downstream from the project area as a
result of the construction or maintenance of the completed
works.
of
the
area
9. The parties hereby agree this agreement shall be
binding on their heirs, executors and assigns.
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TIlE CORPORATION OF TIlE
OF KINCARDINE
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Dated this 7th day of August, 1993.
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