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HomeMy WebLinkAboutKIN 92 055 SVCA Construct Agree THE CORPORATION OF THE TOWN OF KINCARDINE . 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. ~~/ 4IIÞ ayor / V ~ 1'\... , .~f' .' . e. ;o!"'''_':- 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. . .2 ~ ./" " . -- ---~ . ""~" 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. ) ) SAUGBEN VALLEY CONSERVATI.OR,"':·-·~ --::.. ) AUTHORITY "',Y....····..:..:,-::. ) " ~....... -' ............~~~, ) 'y - ) ) ) ) ) ) ) ) ) ) ) ) ) ) . . . _'" ,,- . - : _. "I;,. " TIlE CORPORATION OF TIlE OF KINCARDINE ~..". ge ~~><;~. yor - Char~:W. ~~ '::-. ,- - - ..- =- - , '- Dated this 7th day of August, 1993. - - - _.,-----._~,.~ ,..~ --- '-- ,.~-- - -- - - - -'