HomeMy WebLinkAboutKIN 89 057 Subdivision Agree
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 1989-57
A BY-LAW TO AUTHORIZE THE EXECUTION OF A SUBDIVISION
AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF
KINCARDINE AND C. WOOD INNS MARKETING INC.
WHEREAS the Council for The Corporation of the Town of Kincardine
deems it expedient to enter into a subdivision agreement with C.
Wood Inns Marketing Inc. concerning the property described in
Schedule "A" attached;
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1. The mayor and clerk are hereby authorized to execute, on
behalf of The Corporation of the Town of Kincardine, the
attached agreement with C. Wood Inns Marketing Inc.
concerning the property described as Part of Lot 1, plan 194
and more particularly described in Schedule "A" attached.
2. The clerk is hereby authorized to register this agreement
against the subject property.
3. This by-law shall come into full force and effect upon its
final passage.
READ a FIRST and SECOND TIME
¡La;¿f a2i~
Mayor
this 20th day of April, 1989.
~~-U LUAJ ,
Deputy- Clerk
READ a THIRD time and FINALLY PASSED this 20th day of April,
1989.
J~ II Uldø.
Mayor
Deputy-Clerk
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SCHEDULE "An
FIRSTLY
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 Lot 1,
according to plan No. 194, being a subdivision of Park Lot 1 on
the South side of Durham Street, designated as Part 1 on a Plan
of Survey of record in the Land Registry Office Bruce NO.3, Land
Titles Division of Bruce at Walker ton as 3R-2139, being part of
said Parcel 1-1, Section plan 194.
SECONDLY
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 Province of Ontario, being that part of
Park Lot 1, North of Wellington Avenue, Town plot of penetangore,
Registered plan 61, designated as part 1, on a Plan of Survey of
record in the Land Registry Office Bruce No.3, Land Titles
Division of Bruce at Walker ton as 3R-2665, being part of said
Parcel 1-1, Section Plan 194.
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CERTIFICATE OF RECEIPT
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Block property
Additional:
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WAI-KERTON land Registrar
(4) N...... of Document ""
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Subdivision Agreement
(5) Corltd8.4II1Ion
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(6) D_"'IIan~l.. I"';;" SLbr~dN PJ.,I)rJ 11/f 7'N ~p.Qd:'(II¿
f_ j 1 lS r- --. and more particularly
described in chedule "A" attached~&¿: ~
New Property ldentiflers
AddItlOnat
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(7) ThIa (e) Redescription ¡ (b) Schedule for:
Additional: o-t New Eesement, Additionel
See 0 ~ PlenlSketch 0, Description IV1 Parties 0 Other 0
Schedule ¡ ~
(8)ThlaDœument__..t_:r..(~ C4'U"R7Iifo~ O,tt"r;I(~ ,?WI\J ð.ß' ~ (5 #~o/ AP~
Fd)(-r"6 ~y Or"" NO-r~ 0;: J'1I8-l:l1rkærzw A6'~Œ7VIl.6S'~ 0PT;,!.!- ~o¿
See Subdivision Agreement attached as Schedule "B" pages 3 to 14
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Continued on Schedule 0
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(10) PIltJ(Iea) (Set out Stetus or Interest)
Nlme(s)
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THE CORPORATION OF THE TOWN \ ",,/'h989 104 in
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Maureen A. Couture ~U~~~~~ i ¡
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kwS~ 707 Queen Street, Kincardine, Onto N2Z 1Z9
(12) Perty(lea) (Set out Stetus or 1_)
Neme(s) Signature(s)
Date Of Signature
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C. WOOD lNNS MARKETING INC.
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kwSeMce 284 Water St.
(14) Momlclpel Add_ of P~
Reynolds Drive
Kincardine, Onto
N., Cambridge, Onto N1R 3C4
(15) Document "'-" by:
Maureen A. Couture
Treasurer & Deputy Clerk
Town of Kincardine
707 Queen Street
Kincardine, On t.
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Page 2 of 14
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SCHEDULE "A"
FIRSTLY
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 Lot 1,
according to Plan No. 194, being a subdivision of park Lot 1 on
the South side of Durham Street, designated as Part 1 on a plan
of Survey of record in the Land Registry Office Bruce No.3, Land
Titles Division of Bruce at Walkerton as 3R-2139, being r f pl¥>.yø¡
..44 Parcel 1-,", Section plan 194.
SECONDLY
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 Province of Ontario, being that part of
Park Lot 1, North of Wellington Avenue, Town plot of Penetangore,
Registered Plan 61, designated as part 1, on a Plan of Survey of
record in the Land Registry Office Bruce No.3, Land Titles
Division of Bruce at Walkerton as 3R-2665, being. . f . J ptP:rof
Parcel 1-1, Section plan 194.
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SCHEDULE liB"
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Page 3 of 14
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'fHIS AGREE~1EN'l' HADE 'I'HIS 20TH DAY OF APRIL, 1989
BET\~EEN:
'rHE CORPORATION OF 'rHE TOWN OF KINCARDINE
hereinafter called the nTown"
OF THE FIRST PART
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C. ¡mOD INNS t!ARKE'í'ING Inc.
hereinafter called the "Owner"
OF THE SECOND PART
WHEREAS the Owner is desirous of subdividing the lands
described as that certain parcel or tract of land and premises as
described by Schedule "B" of this agreement.
AND WHEREAS the Owner has filed a draft plan of
subdivision with the Ministry of Housing, having their file
number 41'1'-78018, and has applied for approval thereof in
accordance with the Planning Act.
AND WHEREAS the Town has agreed to recommend to the
Ministry ofilt>using that the said draft Plan attached hereto as
Schedule "A" be approved on the condition that the Owner execute
this Agreement and complete all conditions and provisions herein
contained.
NOW TUEREFORE THIS AGREEMENT WITNESSETH that in
consideration ot other valuable consideration and the sum of Five
Dollars ($5.00) of lawful money of Canada, now paid by the Town
to the Owner (the receipt of which is hereby acknowledged) and in
consideration of the premises and of the mutual covenants herein
contained, the Parties hereby lliutually covenant, promise and
agree, each with the other, as follows:
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Page 4 of 14
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1. (a) On all streets and lanes laid out in the Plan fol-
lowing approval of the plan by the Minister of Housing, there
shall be constructed and installed at its own expense by the
Owner the public services which are shown on Schedule "e" to
this Agreement, specifications of which are attached hereto
as Schedule "D".
(b) All of the public services shall be installed strictly
in accordance with specifications attached hereto as Schedule
"D" and all such installations shall be made throughout Wlder
the supervision of and subject to the inspection of the Town
Engineer.
Except where otherwise provided in the specifications,
such services shall be completed within three (3) years of the
commencement of construction of such services with the exception
of the final wearing course of asphalt roads, which shall be
within three (3) years of the completion of the base course of
said roads. All public services constructed by the OWner shall
be maintained by the OWner Wltil acceptance by the Town Engineer
as herein provided and after such acceptance shall be subject
to maintenance for the term and subject to the provisions con-
tained in this Agreement.
(c) The OWner covenants that no one will occupy any re-
"_ 'ft,
sidential dwelling Wlit hereafter erected on the plan before
the "basic public services" (herein defined as water works, sani-
tary sewage disposal, water mains, sewers, electrical distri-
bution system and gravelled roads) are available to serve the
residential dwelling Wlits and the Town Engineer has certified
that the said "basic public services" have been properly ins-
taIled and are available and that notice of this covenant shall
be given by the owner to any purchaser of lands in the "Plans"
area. Notwithstanding the foregoing, subject to the Building
By-law, the Town agrees to issue up to Ten (10) building permits
for model homes after registration of the subdivision.
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Page 5 of 14
2.
The OWner hereby agrees to apply final coat asphalt to
the width specified by the Town Engineer and to install necessary
services from all roads to give adequate access to the Plan.
_hown on
ttached
The OWner agrees to construct all roadways on the streets
the plan to the specifications contained in Schedule nD"
hereto, detailed plans and specifications of which shall be
approved by the Town Engineer.
3.
The owner hereby agrees that it will conserve sufficient
topsoil on the lands in the Plan to cover all lots, road allowances
and walkways to a minimum depth of four (4) inches.
4.
(a) The OWner hereby covenants and agrees after registration
of the Plan to pay to the Town an amount of Fifteen Hundred Dollars
($1,500.00) per proposed dwelling unit, payment of fifty percent (50%)
to be made upon registration of the Plan and fifty percent (50%) upon
substantial completion of servicing of the "Basic Public Services"
as outlined in paragraph l(c) of this Agreement.
(b) The OWner covenants to pay the sum of One Hundred
Dollars ($100.00) per lot towards administrative, engineering and legal
costs of the Town arising from this subdivision payable upon registra-
tion of the Plan.
(c) The Town will supply sewage treatment and water supply
capacity and will allow connection of the Plan to same upon the
request of the OWner fOllowing registration of the Plan.
(d) Pay~nts by the Owner to the Town, required by subpara-
graphs (a) and (b) of this paragraph 4, shall be in full satisfaction
of all levies and charges of any kind to be made by the Town except
normal building permit fees payable on construction of buildings and
no additional payments of any kind to the Town shall be required.
5.
(a) Notwithstanding the fact that the owner, by Block
B has established a park, and by three (3) separate walkways, Blocks
.' E and F, has established public access and usage to adjacent lands,
as shown on Schedule "A," the Owner covenants to pay to the Town a
cash payment in the amount of One Thousand Six Hundred Dollars ($1,600.00)
paid upon receipts, to be applied as a contribution towards equipment
and development of play-parks in the Neighbourhood 3 area. Further,
the Owner agrees to convey to the Town, at no cost, an Open Space area
shown as Block C on Schedule "A."
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5. (b) By the cash payment defined by paragraph 5 (a) , the Town
shall absolve the Owner of any further payments or land dedications
respecting parks or public space. Block B is described in Schedule
.E."
6. By this Agreement and in accordance with Schedule "A,"
the Owner agrees to provide servicing through easements as required
and to subsequently register these easements for subsequent maintenance
and servicing.
7.
(a) Concurrently with the execution of this Agreement, the
Owner covenants and agrees to deliver to the Town a deed to the Town
of the lands in the Plan shown on Schedule "A," hereto outlined in
red, which deed shall be held by the Town and in the event of default
by the Owner in its obligation hereunder may be registered upon title,
it being agreed that the conveyance to the Town of said lands shall
be for the purpose of guaranteeing that the within agreed services
will be installed, completed and maintained in accordance with the
provisions of this Agreement.
(b) For the purposes of this paragraph, lots are valued at
Fifteen Thousand Dollars ($15,000.00) each. Upon the request of the
Owner from time to time, the Town will return the said deed or re-
convey to the OWner such of the aforesaid lots or blocks as may be
determined by the Town Engineer in accordance with the percentage of
the works hereunder then completed; provided, however, that in the
event of default by the OWner in performance of any of the works
provided for in this Agreement, the Town may sell all or any of the
aforesaid lots at such price as can be obtained by public tender and
the Owner shall be liable for any shortfall of monies which might
then exist between the monies obtained by such sale and the monies
required to complete the works required under this Agreement and the
~Town agrees to refund to the Owner any excess received from such sale.
The Owner may substitute other lands as alternative security subject
to the approval of the Town.
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Page 7 of 14
7.
(c) Subject to paragraph 7(b) above the Town shall return to
the Owner deeds to the said lots or blocks relative to each work when
the Town certifies the work is substantially complete and when suitable
maintenance bonds have been lodged with the Town to ensure proper main-
.enance of the said work for a period of one (1) year from the date of
uch substantial completion with the exception of roads for which the
maintenance period shall be two (2) years from the date of such substantial
completion of the base course of asphalt, but in no case shall the
maintenance bonds for storm and sanitary sewers be before the base
course asphalt of the road has been applied. For the purposes of inter-
pretation, substantial completion shall be defined by the definition
within the Mechanics Lien Act, Section 1(3) (a) and (b).
8.
The Owner agrees to pay taxes in full on all lands in-
eluded in the said Plan of subdivision until the said Plan is assessed
and billed as registered Plan and to continue to pay said taxes on each
of the lots until sold by the OWner.
9.
The OWner covenants and agrees to maintain with respect
to construction quality and practices all public services constructed
by it for a period of one (1) year from the date of substantial com-
pletion thereof with the exception of roads for which the maintenance
period shall be two (2) years from the date of substantial completion
of the base course of asphalt. The Town shall be responsible for
maintenance resulting from usage damage and for snowplowing and shall
absolve the Owner!rom responsibility in those respects.
10.
The Owner shall dedicate as public highways on the
registered Plan of subdivision, all streets and walkways (Blocks D, E
and F), road widenings (Blocks H and I) and reserves (Blocks J, K and
Q). The Owner further agrees to grant in fee simple to the Town or
the appropriate authority such further easements as may be required
for utility or drainage purposes.
.ll.
policy with
The Owner shall lodge with the Town forthwith an insurance
an insurance company satisfactory to the Town to ensure
for the joint benefit of the Owner and the Town against any liability
that may arise out of the construction or installation of any work to
be performed pursuant to this contract and for a period of one (1)
year after completion of the said works.
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Pag.e 8 of 14
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Such policy shall carry limits of liability not less than
One Million Dollars ($1,000,000.00) inclusive for public liability and
~operty damage and shall include the name of the Town. The policy shall
We no exclusion for blasting and must contain a "completed operations"
clause. The OWner shall prove to the satisfaction of the Town from time
to time as the Town Engineer may require that all premiums on such
policy or policies of insurance have been paid and that the insurance is
in full force and effect and also that it has complied with all provisions
of the Workmen's Compensation Act.
12.
The Town Engineer shall have the right to inspect the
installation of works and services at all times. If at any time the
work and construction of the services is in the opinion of the said
Town Engineer not being carried out in accordance with good engineering
practice, then the Engineer may stop all or any part of the work on the
installation of the services for any length of time until such work has
been placed in satisfactory condition, and in the event that the Town
Engineer then deems that the work is not being proceeded with in a proper
manner, he may stop the work by the contractor and require that another
contractor be placed on the job to complete such works; and the costs
involved in such replacement and completion of the work shall be paid
for by the Owner.
13.
(a) The Owner shall construct all services in accordance
with approved plans and specifications and in accordance with accepted
engineering practices regardless of any inspection by the Town Engineer
and the Town shall accept each individual service as being substantially
complete upon the said Town Engineer certifying that insofar as he can
ascertain, the works have been substantially completed in accordance
with such plans and specifications. Upon certification of substantial
completion, the Town shall assume ownership of the said services.
. (b) Upon total completion of servicing, and following
inspection and correction of deficiencies at the end of the maintenance
period as determined by the Town Engineer, the Town shall free the
OWner from any further responsibility.
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Page 9 of 14
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14.
Notwithstanding anything herein contained, the Owner
agrees that if at any time the services or anyone or mare or
part thereof referred to herein are not being installed in ac-
cordance with good engineering practice or as quickly as the
Town Engineer in his discretion deems proper in accordance with
good welfare of the inhabitants of the Town or any part thereof,
or if in his opinion, a person or persons are suffering injury
by reason of the manner or speed with which the said services
are being installed the said Town Engineer, upon two (2) days
notice to the Owner by registered mail may instruct Town em-
ployees or a contractor for the Town to enter upon the lands
and proceed to install the said services in accordance with good
engineering practice and any expense involved therein shall be
paid ~or by the Owner to the Town forthwith upon demand.
] 5.
Upon the issuance of a certificate by the Town Clerk
that the services provided for hereunder have been installed in
accordance with the terms of this Agreement, the ownership of
the services shall vest in the Town and the OWner shall have no
claims or rights ather than those accruing to it as OWner of
the land abutting on streets in which services were installed.
Until such certificate is issued by the Town, the OWner on
behalf of itself, its successors and assigns, hereby covenants
to indemnify~nd save harmless the Town from all actions, causes
of actions, suits, claims and demands whatsoever which may arise,
either directly or indirectly, by reason of any alteration of
the existing grade or level of street or streets on the said
plans, or adjacent streets to bring the said grade or level into
conformity with the grade or level approved by the said Town
Engineer or by reason of damage to the lands abutting on any
street or streets shown on the said plans or adjacent streets
or to any building erected thereon arising from or in consequence
of any such alterations, of grade or level.
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Page 10 òf 14
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16.
The Owner acknowledges that the within Agreement shall
be registered in the Land Titles Office against each lot and
block included in the said plan of subdivision.
The Town shall
grant releases in registerable form from this Agreement upon
request and upon the basic public services being installed in
accordance with the provisions of this Agreement to serve the
individual lots in question.
17. The Owner covenants and agrees to plant a minimum of
one (1) tree for each dwelling unit, which trees shall be Norway
or hard maple or green or blue ash and a minimum of six (6) feet
in height.
18.
The Town hereby approves the street names shown on the
Plan attached he~eto as Schedule "A".
19.
The Owner agrees at its expense to erect permanent
street signs to specifications and in locations approved by the
'Town.
20.
The Owner acknowledges that the construction of
services provided for herein is subject to the approval of the
Ministry of the Environment or its successor authority pursuant
to Section 30 and Section 31 respectively of the Ontario Water
Resources Commission Act.
21. Time shall be of the essence of this Agreement.
22. TITrs Ag r eemen t and ev eryth ing here in contained shall
enure to the benefit of and be binding upon the successors and
assigns of the Parties hereto of the First and Second part.
IN WITNESS WHEREOF the parties hereto have executed
these presents.
SIGNED, SEALED AND DELIVERED
in the presence of
TilE CORPORATION OF: .~IIE TO\'IN
OF KINCA INE
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Page 12 of 14
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SCHEDULE "B"
FIRS'l'LY
ALL AND SINGULAR that certain parcel or tract of land and
premises, situate, lying and being in the Town of Kincardiner in
the county of Bruce and being composed of part of Lot 1,
according to Plan No. 194, being a subdivision of Park Lot 1 on
the South side of Durham Streetr designated as part 1 on a plan
of Survey of record in the Land Registry Office Bruce No.3, Land
Titles Division of Bruce at Halkerton as 3R-2139, being l ; ~o~
, , Parcel 1-,2., Section plan 194.
SECONDLY
ALL AND SINGULAR that certain parcel or tract of land and
premises, situate, lying and being in the '¡'own of Kincardine, in
the County of Bruce and Province of Ontario, being that part of
Park Lot 1, North of Wellington Avenue, Town plot of Penetangore,
Registered plan 61, designated as part 1, on a Plan of Survey of
record in the Land Registry Office Bruce No,. 3, Land 'l'itles
Division of Bruce at \Valkerton as 3R-2665, being r-'~ r I . '!PrOF
Parcel l-~, Section plan 194.
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SCHEDULE .. C ..
. A. Storm sewers
B. Sanitary sewers
C. ~¡atermain s
D. Roadbeds
E. Curb and Gutters
F. Asphalt paving
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Page 13 of 14
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Page 14 of 14
SCHEDULE "D"
SPECIFICATIONS OF SERVICES
1.
Granular Base Courses
Granular base courses for the roads to be developed shall consist
of a minimum of 12 inches of Granular "B" and six inches of
Granular "A". The materials shall be placed on a uniform sub-
grade, compacted and fine graded, ready for asphalt.
Concrete Curb and Gutter
Concrete curb and gutter of an approved type
and placed in accordance with current M.T.C.
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shall be supplied
specifications.
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2.
3. Storm Sewers
The developer shall provide for adequate storm drainage, based
upon the five-year storm for the Kincardine area. In general,
storm sewer materials shall be reinforced concrete, bedded and
backfilled to provide adequate structural support both for the
pipe and the roadway above. Native backfill under the asphalt
will be allowed where materials permit. Catch basins and manholes
shall be complete with appropriate bicycle-proof gratings.
4. Sanitary Sewers
Sanitary sewers shall be provided to current Ministry of the
Environment design criteria. In general, asbestos cement pipe
shall be used with a minimum of Class 2400. House services shall
be 5 inch or 6 inch diameter services, connected to proper "tee"
or "wye" branch fittings. Sewers shall be laid on an even grade,
and shall be tested for infiltration and/or exfiltration as
follows:
Infiltration - .24 Imperial Gallons per inch of pipe diamater
per hundred feet per hour.
Exfiltration - .31 Imperial Gallons per inch of pipe diamater
per hundred feet per hour.
The above rates shall apply to any section of sewer between
adjacent manholes. Exfiltration shall be measured between man-
holes with at least two feet depth of water in the upstream
manhole.
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5. Watermains
Watermai~:material shall be 6-inch diameter ductile iron complete
with tyton joints. All fittings shall have mechanical joints.
House services shall be 3/4 inch "K" copper, working pressure of
150 p.s.i. Hydrants shall be Canada Valve "Century Hydrants".
All mains shall be flushed and disinfected in accordance with
current Ministry of the Environment procedures prior to making
them live. All mains shall be tested for leakage as follows:
"'Ñatermains shall be tested under pressure of 150 p. s.i. for a
period of not less than one hour. Maximum allowable leakage will
be 50 Imperial Gallons per inch diamater per mile of main per day.,"
6. Asphalt Pavement
All streets shall be paved with a m1n1mum of two lifts of hot
mixed asphalt for a total depth of 2i inches, consisting of 1
inch of HL-2 and li inches of HL-4. Roadway width shall be
28 feet.
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