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HomeMy WebLinkAboutKIN 91 049 Right/Access-Airport THE CORPORATION OF THE TOWN OF KINCARDINE . BY-LAW BY-LAW NO. 1991-49 A BY-LAW TO AMEND A RIGHT OF ACCESS AGREEMENT WITH THE CORPORATION OF THE TOWNSHIP OF KINCARDINE AND HELMUT J. SIEBER CONCERNING A RIGHT OF ACCESS TO THE KINCARDINE TOWN AND TOWNSHIP AIRPORT. WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to enter into an Agreement with The corporation of the Township of Kincardine and Helmut J. Sieber concerning a Right of Access to the Kincardine Town and Township Airport. AND WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to amend said agreement. NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That By-law No. 1991-40 being a by-law to authorize the mayor and clerk to execute an agreememt with The Corporation of the Township of Kincardine and Helmut J. Sieber concerning a right of access to the Kincardine and Town and Township Airport passed on the 9th day of May, 1991 be and the same is hereby repealed. 2. That the mayor and clerk be authorized to execute an amended agreement with The corporation of the Township of Kincardine and Helmut J. Sieber concerning a right of access to the Kincardine Town and Township Airport. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Airport Right of Access Agreement Amendment, By-law". READ a FIRST and SECOND time this 20th day of June, 1991. k/ â Jldmu Mayor . READ a THIRD time and FINALLY PASSED this 20th day of June, 1991. .. , Tet (519)396-8144 Fax: (519)396-9446 . ~ E. dtt(ahooJ, !B.di!a4., dlt!.di!a4., .il.!B. . Barrister & Solicitor (\ Notary Public Mr. Ron Shaw Clerk-Administrator Town of Kincardine 707 Queen Street Kincardine, Ontario Dear Sir: Re: Airoort Access Aareement--Helmut Seiber P.O. Box 388 313 Lambton Street Kincardine, Ontario N2Z 2YS Further to our recent telephone conversation, I enclose herewith a fully executed copy of the above-noted agreement. I confirm that one copy has been forwarded to Mr. Seiber but I have not registered the agreement. Yours truly, ~C,~ GRAHAM E. MAHOOD sb . . ~ ¡ - . - ~-\. . ..... ,;¡ . _.'" !" , This AGREEMENT made this 9th day of May, 1991. BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- THE CORPORATIOR OF THE TOWNSHIP OF KINCARDINE hereinafter called the "Township" of the Second Part. -and- HELMUT J. SIEBER hereinafter called the "Registered Land owner of the Third Part WHEREAS the Town and Township operate an air field located in the Township of Kincardine, in the county of Bruce, on certain lands (hereinafter called "the Airport") and which lands are more particularly described in Schedule "A" attached hereto and forming part of this Agreement; AND WHEREAS there exists a committee known as the Kincardine Town and Township Airport committee (hereinafter referred to as the "Committee"); AND WHEREAS the Committee derives its revenue to operate the Airport from financial contributions from the Town and Township, and from the lease of land, and from the sale of gasoline (and from other such future charges as landing fees, tie-down fees etc. as the Committee may require) all of which revenues are vital to the continued operation and maintenance of the Airport; AND WHEREAS the Registered Land owner of the property as described in Schedule "c" attached has requested the granting of a right-of-access between the Airport and the subject land at a point as further described on the attached Schedule "B" for the sole purpose of moving aircraft to and from the property described in Schedule "C"i AND WHEREAS the Town and Township will consent to the granting of access to the subject land understanding that the Registered owner will not compete with the objectives of the Town and Township and Committee. NOW THEREFORE in consideration of the mutual covenants and conditions herein contained the parties hereto covenant and agree with one another as follows: .. ./2 ""Jf? a @ ..;.- . , ~o .0 . , - , 1. 2. -2- GENER.AL CONDITION The hereinafter described right-of-access is . granted to the Registered Land owner upon the specific understanding and conditions that the provisions herein contained are all conditions of equal importance in granting of the right-of-access and breach of any condition shall constitute breach under this agreement in accordance with the provisions hereof. The Registered Land owner agrees that it shall at all times be bound by all provisions hereof. GRANT OF RlGHT-OF-ACCESS The Town and Township hereby grant to the Registered Land owner a right-of-access to enter upon the Airport for the purpose of moving aircraft over that land shown in heavy black outline on the attached diagram marked as Schedule "B" and for aircraft originating only from the land described in Schedule "c" and further that no right of access will be authorized for the movement of any aircraft from any other land adjacent to the land outlined in Schedule "C" to the Airport over those land on the attached diagram marked as Schedule "B". 3. R.ULES AND REGULATIONS The Town and Township and the Committee may, from time to time, establish rules and regulations with respect to Airport lands and facilities which shall be binding upon the Registered Land owner. It is understood that such rules and regulations may be amended and changed from time to time by the Town and Township and Committee .as deemed necessary in the best interests of the operation of the Airport. 4. PERIOD OF RlGHT-OF-ACCESS (a) (b) (c) (d) 5. The right-of-access granted herein shall continue to be in force until anyone of the following events takes place: The Town and Township terminate their joint operation of the Airport; The Town and Township terminate the right-of-access because of a breach of this agreement or a breach of the rules and regulations established by the Town and Township and/or Committee and which breach has not been corrected as required by the Town and Township and/or Committee; or, The right-of-access shall expire after 20 years after the date of execution of this agreement; or The sale, transfer or other disposition of the lands described in Schedule 'c' hereto. NOTICE The Committee shall give notice to the Registered Land Owner of any breach of this Agreement or any breach of the rules and regulations established for the Airport and the Registered Land Owner shall correct such fault within a reasonable time limit stated in such notice and failure to correct such default shall constitute a breach of those conditions upon which the granting of this right-of-way was made. .. ./3 "A-Je- ~3 ® " ' , , . . " .' /'. . -3- 6. SERVICE OF NOTICE Any notice required to be given by the Committee shall be served by personal service to the offices of the Registered Land owner located on the lands described in Schedule "C" , or to the mailing address of the Registered Land owner and which notice shall be deemed to have been received on the third day after mailing. Any such notice required to be given by the Registered Land owner, shall be served by personal service to the offices of the Town and Township, or shall be served by registered mail addressed to The Corporation of the Town of Kincardine, 707 Queen street, Kincardine, ontario N2Z 1Z9 and which notice shall be deemed to have been received on the third day after mailing. 7. FEES The Registered Land owner of the property described in Schedule "C" shall pay 50% of the normal aircraft tie-down fee on Airport property to the Town and Township Airport Committee for each aircraft tied-down on the lands described on Schedule "c". 8. WEIGHT OF AIRCRAFT The Registered Land owner acknowledges and agrees to respect the design limitations of the various aircraft operating areas on the airport. 9 . CROSS STRIP The Registered Land owner acknowledges the of Runway No. 06-24 as it is only maintained and not paved. limitations seasonally 10 . AVIATION FUEL The Registered Land owner agrees that there shall be no storage, of, or sale of aviation fuel on the land described in Schedule "c" unless aviation fuel ceases to be stored and sold at the airport facilities. It is the intent that all fuel sales are a means of deriving revenue for the Airport and that the Registered Land owner will not compete with respect to such sales. 11 . INSURANCE Public liability insurance and property damage insurance must be maintained by the Registered Land Owner for coverage of not less than $2,000,000.00. The Town and Township shall be supplied with copies of all applicable liability insurance policies and renewals thereof and the Town and Township shall provide copies of its liability insurance policies and renewals to the registered land owner. ( 12 . WAIVER OF CLAIMS The Registered Land Owner shall not make any claims or demands against the Town and Township and/or Committee for any damage, accident or ~nJury of any nature whatsoever or howsoever caused to the Registered Land .. ./4 ® ~_., -,. . \ . . ~ /lc¿. J e-t :;J . ,- -4- 12. (continued) Owner or to any person or property including any structures, erections, aircraft, equipment, material, supplies, motor or other vehicles, fixtures and articles, effects and things erected, brought, placed, or made or being on or about the Town and Township's land or the land described in Schedule "c" or any building thereon even if such damage or injury is due to the negligence of any officer or servant of the Town and Township and/or committee acting within the scope of his duties or employment. 13. INDEMNIFICATION AND SAVE HARMLESS The Registered Land Owner shall at all times indemnify and save harmless the Town and Township from and against all claims and demands, loss, costs, damages, actions, suits or other proceedings by whomsoever made brought or prosecuted, in any manner based upon the operation of the Airport, or occasioned by or attributable to the execution of these presents, or any action taken or things done or maintained by virtue hereof, or the exercise in any manner or rights arising hereunder. 14. CUSTOMER AND EMPLOYEE PAR1C~G All persons having business on the lands of the Registered Land Owner shall be accommodated on the land described in schedule "c" and not on Airport property unless under existing Airport regulations. 15. WASTE MATERIALS. GARBAGE AND CONTAMINATES All waste materials, garbage and contaminates generated by the Registered Land Owner shall be accommodated on the land described in Schedule "C" and shåll not be placed on the Airport land. All handling of such matters shall be in accordance with the requirements of the Ministry of Environment. 16. STORM DRAINAGE The Registered Land Owner agrees not to divert any storm drainage from the subject land described in Schedule "c" unless previously approved in writing by the Town and Township Airport Committee. 17 . DEPOSIT ON AIRPORT LANDS The Registered Land Owner shall not place anything, other than aircraft on the Airport land without prior written permission of the Committee. 18. LAND USE The Registered Land Owner shall limit the use of the land described in Schedule "C" to the use as allowed by the Township's zoning by-law having jurisdiction to the said lands and subject to provisions of the Aeronautics Act. .. ./5 ~0\ , ,. , . . . O-jt:- -it , -5- 19. INSTALLATION AND MAINTENANCE The Registered Land Owner shall be responsible for the installation and maintenance of any CSP culvert as deemed necessary by the Committee. The installation plans shall be previously approved by the Committee in writing. 20. AIRPORT SECURITY The Registered Land owner is responsible for provisions of security between the subject land and the Airport land at the point of access. Security requirements may be as prescribed by Transport Canada or may be established by the Town and Township and/or the Committee. 21. REGISTRATION OF AGREEMENT This agreement shall be registered against the title of the lands described in Schedules "A" and "C". 22. ARBITRATION PROVISIONS The parties hereto agree that should disputes and differences arise between the parties hereto with respect to this agreement or with respect to the rules and regulations established by the committee, all such disputes and matters in difference whatsoever shall be referred to the award and determination of an arbitrator in accordance with the provisions of The Arbitration Act of Ontario. 23. NO WAIVER The failure of either the Town, the Township, the Committee or the Registered Land owner to insist upon the strict performance of the terms and conditions hereof shall not constitute or be construed as a waiver or relinquishment of either parties' rights to thereafter enforce the same in accordance with this Agreement in the event of a continuing or subsequent default on the part of any party. 24. SEVERABILITY It is mutually agreed that in the event that any clause or provision of this Agreement or any part thereof ,shall be declared invalid, void or unenforceable by any Court having jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this Agreement unless the result would be manifestly inequitable or unconscionable. 25. ASSIGNMENT The right-of-access granted herein shall be personal to the Registered Land Owner and shall not run with the lands described in Schedule "C". .. ./6 G0 , . ' , . , . . J' . . -6- 26. NON-PERFORMANCE It is agreed among the parties hereto that no party shall be held responsible for damages caused by delay or failure to perform its obligations hereunder when such delay or failure is due to fires, strikes, floods, acts of God, lawful acts of public authorities, or delays which cannot reasonably be foreseen or provided against. 27. COMPLETE AGREEMENT This Agreement when executed together with all Schedules attached hereto as provided for by this Agreement shall constitute the entire Agreement between all parties and may not be amended, modified or terminated except by writing signed by the parties hereto. 28. FURTHER DOCUMENTS The parties shall execute and deliver all documents and perform all further actions that may be reasonably necessary under the provisions of this Agreement. 29. COMPLIANCE WITH LAW AND STANDARD PRACTICES The Registered Land Owner shall perform its obligations hereunder in compliance with any and all applicable federal, provincial, and local laws, rules and regulations, in accordance with sound engineering and safety practices, and in compliance with any and all reasonable rules of the Township relative to the premises. 30. NOTICES AND CHANGE OF ADDRESS All nqtices to be given by any party to the others shall be in writing and must be either delivered or mailed by registered or certified mail, returned rec~ipt requested, addressed as follows: The Registered Land Owner: Helmut J. Sieber P.O. Box 460, KINCARDINE, Ontario N2Z ZY9 The Town and Township: Clerk-Administrator, The Corporation of the Town of Kincardine 707 Queen street, KINCARDINE, Ontario N2Z 1Z9 Or any other such address as any party may hereinafter designate by a notice to the others. Notices are deemed to be received on the day they are delivered five days after registered or certified mailing. . ../7 E) , . . \ ' , . ....., ,.'" , . . -7- 31 . APPLICABLE LAW This agreement and the construction and enforceability thereof shall be interpreted under the laws of the Province of Ontario. IN WITNESS WHEREOF the Town and Township have hereto affixed their corporate seals attested by the hands of its corporate officers this 8th day of May, 1991. SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE TOWN OF KINCARDINE ~ ~¿JQI~..... Mayor - Donn - ~ son .... . . - THE CORPORA I!' .~"-:""'" TOWN KIN~B' ""'. '. -~.~ ¥:' ~~ ~':::---'. .;..::~;% .- .:::. ':::;:: ~~:.:-: -;: ~: ~~ :,w··:: Reeve - Weí an~ ~ j,:-~ -...... - "':'" ..~.- ~.. , .o- ~ _...,~~ ~ ~ --.o- w""-:':' -;- "'J.. _~:,.. ---:.....~. .,..~.... ,."..' "".... ~.- .:.......... ....-....... ..... ,.-..~.." He J. S~eber ® - ..... , . ;l' . . . , ' ~ ~ SCHEDULE' A' . """'", 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 composed of part of Lot 27, Concession "A" or Lake Range and more particularly described as follow: BEARING HEREIN are astronomic and are derived from deposit plan Number 425: COMMENCING at a point in the southerly limit of said lot 27. concession "A" distant 10 feet measured north 61 degrees 31 minutes 40 seconds west therealong from the southeasterly corner thereof: THENCE North 29 degrees 11 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 more or less 22 minutes 00 seconds West therealong from the northerly limit of said Lot 27; THENCE North 61 degrees 8 minutes 00 seconds West and parallel to the said northerly limit of Lot 27 a distance of 200.0 feet; THENCE 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 parallel to the southerly limit of said Lot 27 a distance of 4.749.98 feet; THENCE South 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; THENCE South 61 degrees 31 minutes 40 seconds East along the said southerly limit of Lot 27 a distance of 4,950.00 feet more or less to the point of commencement. SECONDLY ALL AND $INGULAR 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 composed of part of Lot 27, in Concession "A" and being Part 2 on Reference Plan 3R-438 deposited in the Registry Office for the Registry Division of Bruce No. 3 on the 16th day of September 1973 and parts 3 and 4 on said Reference Plan 3R-438, said Parts 3 and 4 being part of Lot 28 in Concession "An, Lake Range, Township of Kincardine, Bruce County. .... . .__;<C,..: ";~- . THIRDLY 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 composed of part of Lots 28 and 29, in Concession "A" and being Parts 5, 6 and 8 on Reference Plan 3R-438 deposited in the Registry Office for the Registry Division of Bruce No. 3 on the 16th day of September, 1972, said Part 5 on Reference Plan 3R-438 being composed of part of Lot 28, Concession "A" only and said Parts 6 and 8 on Reference Plan 3R-438 being composed of part of Lot 29, Concession nAil only. .. ./2 ~- ® --",-- - ", ~¿ ) ~ ) þ. \ ~ '~_<I: . ., '.;.'c" SCHEDULE "A" - PAGE 2 FOURTHLY 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 composed of part of Lot 29, concession "A" and being Part 7 on Reference Plan 3R-438, deposited in the Registry Office for the Registry Division of Bruce No. 3 on the 16th day of September, 1973. FIFTHLY 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 composed of part of Lot 30, Concession "An designated as Part 1 on Reference Plan deposited in the Land Registry Office for the Registry Division of Bruce No. 3 as 3R-3613. SIXTHLY 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 composed of part of Lot 26, Concession "A", designated as Parts 1, 2, 3, 4 and 5 on Reference Plan deposited in the Land Registry Office for the Registry Division of Bruce No. 3 as 3R-3803. f'74-:J 6' It) ~ ":,~,'~~""" ?d.J .~....'!J . J to, ..,.,:1 '.. ,- 1: ~~ A- ~ $c.¡.JG.J>ú <-t! 0/S " '- . I I ,so 7'-""" "7''',.<:> J-v" 0 7-. """ eM PM ( ~ I Pain t of Access APRON ' (CONcRETE) END CF CONCRETE SL.RFAŒ _M / I .Å NOS TVl>Ve-R '~ME'TO~ o RAOIO E'OUIP7'. 8LDG. , G-?..q .c> ~D ..q~~...q r:'?"IV~ G);>...q~~~ ~ ;S-~ð./"07'-~ .; .' SCAl.e: I I' 2O:XIA 04TE I NOVDIIIe:/I: ItsO ~ . . ."'. ."..., . 'trt~ . . ! SCHEDULE 'C' "Part of lots 28, 29 and 30, Concession "A", in the Township of Kincardine, County of Bruce, now shown as Part 3 of Reference Plan 3R-4644. .- P"'-j e. ~ /Þ G0