The URL can be used to link to this page

Home My WebLink AboutKIN 89 044 Development Agree . -- . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW 1989-44 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH GLEN-CO. HOLDINGS INC. CONCERNING PART OF LOT 2, THE WHOLE OF LOTS 3 TO 12, AND PART OF LOT 13, WEST SIDE OF PARK STREET, TOWN OF KINCARDINE WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to enter into an agreement with Glen-Co. Holdings Inc. concerning the property described as Lots 2 to 13, west side of Park Street, Plan 61, Town of Kincardine and being more particularly described as Parts 2 to 18, Reference Plan 3R- 2253. ¡ 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 Glen-Co. Holdings Inc. concerning the property described as Part of Lot 2, the whole of Lots 3 to 12, and Part of Lot 13, west side of Park Street, Plan 61, Town of Kincardine and being more particularly described as Parts 2 to 18, Reference Plan 3R-2253. 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 this 6th day of ¡~¡JJldii?v Mayor READ a THIRD time and FINALLY PASSED this ~t day of ~eprêmbßr , 1989. - ~huJ io-!}/.k¡- Cler:R--..-/. .. ~ -iI<' él DEVELOPMENT AGREEMENT between THE CORPORATION OF THE TOWN OF KINCARDINE - and - GLEN-CO. HOLDINGS INC. - and - LURGAN HOLDINGS LIMITED Dated this 21st day of September, 1989. TOWN OF KINCARDINE 707 Queen Street Kincardine, Onto N2Z lZ9 . dJI/ Vue ~ £Ø 0!5 .. ./2 ~. . . -- ~' THE CORPORATION OF 'I'HE l'OWlJ OF KŒCARDINE DEVELOPMENT AGREEMENT THIS AGREEMENT made in quadruplicate this 21st day of Sept.1989. BET WEE N: GLEN-CO. HOLDINGS INC. LURGAN HOLDINGS LIMITED hereinafter called the "Owner", of the First Part, - and - THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "'I'own", of the Second Part, WHEREAS the Owner wishes to develop a portion of Park Street in the Town of Kincardine in order to service lands adjacent to the said street for residential purposes. The said adjacent lands are described in Schedule "A" attached to this Agreement; AND WHEREAS the said portion of Park Street is that portion of the Park Street road allowance between Kincardine Avenue and Albert Street in the Town of Kincardine as shown on Plan 61 in the Town of Kincardine (hereinafter referred to as Park Street); AND WHEREAS the development of this street was a condition of severance for the adjacent lands owned by Glen-Co. Holdings Inc; AND WHEREAS the development of this street is necessary for the development of other adjacent lands owned by Lurgan Holdings Limited; AND WHEREAS the Town is prepared to permit the Owners to develop this portion of Park Street provided that they execute this agreement and meet its obligations and provided that Glen-Co. Holdings Inc. execute a severance agreement concerning the lands they own Adjacent to the said Park Street; NOW THEREFORE THIS AGREEMENT witnesseth that in consideration of other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada, now paid by each of the parties hereto, (the receipt whereof is hereby acknowledged) the parties hereto covenant, promise and agree with each other as follows: 1. LIST OF SCHEDULES ATTACHED' The following schedules are attached to and form part of this Agreement: Schedule "A": Description of Lands adjacent to Park Street, (herein called "the Lands"). Schedule "B": Development, (herein called "the and ¡Jþ to- for ~ # $ Plan of Plan"). Schedule "C": Design Criteria Engineering Specifications. Schedule "D": 'I'ime Limits Construction Schedule: Completion of Works. - '... . . '. - - 2 - 2. INSTALLATION OF SERVICES 2.1 General The Owne r shall des ign, cause to be constructed and installed at his own expense and in good workmanlike manner to the standards of the Town, all municipal services shown on the Plan to the standards outlined in Schedule "C". 2.2 Construction by Tender The services to be constructed on Park Street as shown on the Plan shall be constructed under a tender called by and awarded by the Town provided that before any tender is awarded by the Town that the Town has first received an irrevocable letter of credit as provided for in this Agreement and that the Owner has paid for all costs of advertising and other costs incurred in the tender process. 2.3 utilities The Owner shall enter into such additional agreements as may be necessary with the Kincardine Public Utilities Commission, for installation or payment for water supply services and an electrical distribution system, street- lighting and necessary appurtenances to service the lands and such other matters as the authority properly requires. The Town shall not be obligated to issue any building permits until provided with confirmation by the authority that the agreements provided for by this clause have been entered into or other satisfactory arrangements have been made. The Owner shall enter into such agreements as may be necessary with the Bruce Municipal Telephone System, for installation or payment for telephone services and necessary appurtenances to service the lands and such other matters as the authority properly requires. 'fhe 'I'own shall not be obligated to issue any building permits until provided with confirmation by the authority that the agreements provided for by this clause have been entered into or other satisfactory arrangements have been made. The Owner shall enter into such agreements as may be necessary with Kincardine Cabie T.V. Ltd., for installation or payment for cable t.v. services and necessary appurtenances to service the lands and such other matters as the service properly requires. The Town shall not be obligated to issue any building permits until provided with confirmation by Kincardine Cable T.V. Ltd. that the agreements provided by this clause have been entered into or other satisfactory arrangements have been made. 2.4 Provision If Work Not Satisfactory In the event the Owner fails to undertake the works covered by this Agreement or fails to proceed expeditiously or fails to undertake the works in accordance with the specifications and requirements of this Agreement, then, upon the Town Engineer giving seven (7) days written notice Áð~JJ by prepaid registered mail to the Owner, the Town through f'./lW its employees, agents or contractors may without further tlL- notice enter upon the lands and proceed to supply all materials and to do all the necessary inspection and works ~A~ in connection with the works, including the repair or -/P-P' reconstruction of faulty work and the replacement of J:)S materials which are not in accordance with plans or ~ specifications and to chargc the cost thereof, together with~ the cost of engineering, to the Owner. It is understood and~ agreed that upon such entry by the Town on the said lands, ~ .' . . ;!;! - 3 - any monies placed on deposit with the Town to ensure completion shall be forfeited by the Owner and shall be applied towards the cost of any work undertaken by the Town, and in addition to all other remedies it may have at such time, the town may refuse to issue further building permits until such remedial work has been completed and until such payment has been made to the Town for such services that have been completed and are yet to complete. Such entry shall not be deemed as acceptance or assumption of the works. 2.5 Consulting Engineer The Owner shall employ a registered Professional Engineer (hereinafter called the Owner's Engineer) to assume responsibility for the design of the municipal services required by this Agreement. Upon completion of the installation of such services, the Owner's Engineer shall provide, on a form acceptable to the Town, a Certificate of Completion stating that services have been installed in conformance to the plans reviewed by the Town Engineer and in conformance to any certificates of approval from the Ministry of the Environment. 2.6 Plans and Specifications (a) Plans of Proposed Services The Owner shall submit to the Town Engineer three sets of profiles, detail drawings, specifications and, if required, calculations for the installation of all the required services. Such submission shall be in compliance with the standards and specifications of the Town. (b) Grading Plan The Owner shall submit to the Town Engineer three sets of an overall grading plan for the Park Street road allowance. This plan shall specifically show existing and proposed grades for all lot corners, block corners and centre lines of roads. I t shall also i nd icate exis tin'] ditches, natural watercourses and filled land. (c) Review and Approval The Town Engineer shall: (i) review the submissions with reasonable dispatch (ii) communicate to the Owner any corrections requisite for such compliance and, (d) (iii)subject to any requisite corrections, endorse his approval on the three sets of plans and specifications, retain one set for inspection purposes, return the other set to the Owner and submit on set to the Town's manager of public works. Approvals ;JIj tLL The Owner shall obtain the approval of the Saugeen Valley Conservation Authority, the Ministry of the Environment and any government authority wh~ch is required ~~ in respect to the installation of any municipal services/~ contemplated by this Agreement pr ior to the approval by the f)5 Town Engineer and the commencement of construction. ~ . ../4 @ - 4 - . .. . (e) As-Constructed Drawings When services are completed and prior to acceptance of said services, the Owner shall provide the Town with one mylar copy of as-constructed drawings thereof which shall detail such matters as roads, water, sewers and other utilities. Individual service connections shall be outlined on a separate plan for each service. 2.7 Authority to Inspect The Owner agrees to permit the Town Engineer or his agents to enter on the lands at any time to inspect the work and, if necessary, to make emergency repairs, at the Owner's expense. Such entry and repairs shall not be deemed to be an acceptance of the services or an assumption by the Town of any liability. 2.8 Use of Services by the Municipality The Owner agrees that the services constructed may be used, prior to acceptance by the Town, for the purpose for which they are designed. Such use shall not constitute acceptance of the services and shall not relieve the Owner of any of his obligations. 2.9 Relocation of Existing Services or Repairs' The Owner agrees to pay the cost of relocating and repairing any existing services where such relocation or repa~r is maåe necessary by reason of the construction of the services required by this Agreement, and pay to adjust the grade of all manholes, catch basins, water service boxes, valves, hydrants and valve chambers as may be required by the Town Engineer. 2.10 Qualitative or Quantitative Tests The Town Engineer may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement and the costs of such tests shall be paid by the Owner. 2.11 Blasting The Owner agrees that no blasting will be undertaken without the written consent of the Town Engineer. 2.12 Damage The Owner agrees to indemnify the Town for the cost of damage done to curbs, water service boxes and other services on existing streets or on any easements during construction and building by anyone other than the 'I'own. . 2.13 The Town agrees to pay towards the cost of the municipal services in the amount of the estimated additional cost for the oversizing of the watermain from 6" to 12". This cost shall be established by the Town's engineer after the tender is accepted. AJiø ttL Jff M "'/SØ' . '...~ ~ . . . . - 5 - 3. MAINTENANCE AND REPAIRS DURING CONSTRUCTION 3.1 Roads Within the Plan The Owner agrees to pay for all road maintenance, including dust treatment and grading, until the roads have their final surface. 3.2 Snowplowing and Sanding The Owner shall agree to provide, at its expense, snow removal with respect to all roads on the Plan until the second coat of asphalt is applied. In the event the Owner wishes the Town to provide the aforesaid snow removal, the Owner shall hold the Town harmless with respect to any damage that may occur as a result of said snow removal. ~he Owner further agrees to provide to the Town, the latter's actual cost of said snow removal together with a fifteen (15%) percent administration fee. Prior to the '¡'own providing the snow removal services as aforesaid, the Owner will pay to prepare the road, service and ramp watervalves, catch basins and manholes, as may be required by the Town. 3.3 Sewers The Owner agrees to maintain the storm sewers and catch-basins until final acceptance and to clean the sanitary sewers if any material is deposited therein other than ordinary domestic waste. Maintaining the storm sewers and catch-basins includes filtering against excessive sedimentation. Prior to final acceptance, the Owner agrees to clean all catch-basins and manholes and flush all sewers with hydraulic flushers to the satisfaction of the Town Engineer. 3.4 Care of Access Roads and Other Services All access roads and all appurtenances on road allowances giving access to Park Street shall be maintained in good condition during construction and, if damaged, restored by the Owner. The Owner agrees to apply oil or calcium to the access roads, as needed and in sufficient quantities to prevent dust problems. 3.5 Dumping and Removal of Debris or Fill The Owner agrees neither to dump nor to permit to be dumped any fill or other debris on nor to remove or permit to be removed any fill from any public lands, other than for the actual construction of the roads in or abutting the subdivision, without the written consent of the authority having jurisdiction. 4. ACCEPTANCE OF WORKS - 4.1 Final Acceptance After all construction of the services outlined on the plan and in Schedule "c" to this Agreement, the Owner's Engineer shall issue to the ~own Engineer a Certificate recommending final acceptance. The Town Engineer shall then complete the final inspection of those services. At the first reasonable opportunity following such final inspection of the services and any requisite corrections, which ~ inspection shall not be unreasonably delayed, the Town Cngineer shall recommend to Council final acceptance of the :; services and Council shall pass the necessary resolution accepting the services and assuming the maintenance thereof.~ ø - Æ%t/ tÆ- . . " - 6 - 4.2 Staging of Acceptance The inspections and final acceptance of services shall be effected in ~he following stages for the purposes of construction and final acceptance of the services: Stage I - all underground services including water, hydro, cable T.V. and telephone. - granular road sub-base - all grading required before the issuance of a building permit including all road allowances. - granular road base - all other above ground services not in Stage II Stage II - concrete curb and gutter - base and final course of asphalt road paving - seeding or sodding of boulevards - all other items of municipal servicing which were not completed in Stages I. 5. DRAINAGE, LANDSCAPING AND DESIGN ---- - 5.1 Grade Control Notwithstanding any of the provisions of this Agreement to the con'trary, the Owner shall: Complete the drainage system including all grading, ditches, swales, watercourses, ponds, drains, pipes, sewers, manholes, catch basins, service connections, apparatus and equipment to service all the lands within the Plan and adjacent thereto as required by and according to the drawings, plans, reports and specifications approved by the Town Engineer. The Owner shall ma~ntain the complete drainage system, including clearing any blockage, until it is finally accepted by the '¡'own. The '¡'own may connect or authorize connections into the said drainage system but such connections shall not constitute acceptance of the drainage system by the ~own. 5.2 'I'opsoil The Owner agrees that no topsoil shall be removed from the lands on the Plan, without the written consent of the Town. Where it becomes necessary to temporarily remove any topsoil, it shall be stock-piled anõ replaced on the boulevards to a depth of no less than 15 centimetres over the entire area not covered by buildings, driveways or paved areas. If the existing topsoil on the site is not sUfficient, additional topsoil will be supplied by the Owner to maintain the required depth over the area. 5.3 Landscaping (a) Sodding & Seeding ( i) The Owner shall ensure that sod or seed is placed on the unpaved portions of all road alLowances after all roads, walks, and curbs, are completed. (ii) Sodding only, as opposed to seeding, shall be employed where, in the opinion of the Town Engineer, it is warranted on account of topography, soil conditions or drainage. ~ a<- 7f ~ .../7ø (iii) Sod shall be local No. 1 nursery sod. Seed shall be a mixture of No. 1 perennial grass seeds compatible to the area; rate of spread to be as directed cy supplier. ·' '.., .".' . 6. - 7 - (iv) Sodding and seeding shall be maintained by the Owner until well established. 5.4 Survey Bars The Owner shall replace all survey bars removed during the construction to the satisfaction of the Town Engineer. ADI-iINISTRA'l'ION 6.1 Serving of Notices Unless otherwise specified in this Agreement, any notices required under the provisions of this Agreement shall be given by prepaid registered mail or by personal delivery to the following persons at the following addresses: ~o THE MUNICIPALITY: Clerk The Corporation of the Town of Kincardine 707 Queen Street Kincardine, Onto N2Z 1 Z9 TO THE OWNER: Glen-Co. Holdings Inc. c/o Dave Small 355 Princes Street Kincardine, Ontario N2Z 2'f5 Lurgan Holdings Limited c/o Mike Snobelen R. R. jI 1 Ripley, ontario NOG 2RO The Owner shall supply the clerk of the Town with any changes in Ownership and/or address. The Town must then send any notices to new Owner and/or address. 6.2 Owner's Liability Until any service or work herein provided for is accepted by the Town, the Owner agrees to indemnify and save harmless the Town from all actions or suits which may arise either directly or indirectly by reason of the work done or the materials supplied by any of the parties to this Agreement pursuant to any of the provisions of this Agreement. 7. FINANCIAL PROVISIONS , ~&' ø~ 1.% -. 7.1 Processing Fee The Town acknowledges payment of the sum of one thousand dollars ($1,000.00) to be credited toward processing and administrative fees. 7.2 Performance Guarantee Þ Prior to the acceptance of any tender by the Town for the .cons~<\.uf~t¡t.9n of any municipal servic~s, the Owner shall ¿¿¿, dellverlan lrrevocable Letter of Credlt from a Chartered Bank in a form and amount satisfactory to the Town Engineer ~ and the Owner in order to guarantee the completion of the .fl; works referred to in this Agreement. It is agreed that the amount of the Letter of Credit may be reduced or increased~ from time to time, subject to the approval of the Town _~ .../~ - -- . I .~ - 8 - Engineer in proportion to the works and services already installed or constructed and subject to a review by the Town Engineer of the remaining services to be completed. Prior to the acceptance of services, and the release of the performance guarantee, the Owner will post a maintenance guarantee in the form of a Letter of Credit from a chartered bank in the amount of ten percent (10%) of the value of the work satisfactory to the Town Eng ineer. 'l'his letter of Credit shall cover all defects in the construction of the said works and services for a period of two (2) years from the date of acceptance of the said works and services, all in accordance with the requirements of Schedule "COO attached hereto. That the irrevocable Letters of Credit referred to in this Section shall contain the following clause: "It is a condition of the Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year from the present or any future expiration date hereof, unless at least 30 days prior to the present or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period." 7.3 Engineering Fees The Owner shall pay a deposit on the ~own's engineering fees for contract administration and supervision related to this agreement prior to the acceptance of the tender for the services as provided for in this agreement as follows: eight percent (8%) of the projected contract amount. After all Certificates of Final Acceptances required in this Agreement have been accepted by the Town, any shortfall in the actual engineering fees will be paid by the Owner to the Town upon demand and any amount paid to the Town over and above the Town's final engineering cost shall be refunded to the Owner. 7.4 Interest on Overdue Accounts The Owner shall pay interest to the Town at the rate of 15 percent per annum on all monies payable under this Agreement which are not paid on the due dates, calculated from the due dates to the date of payment. 7.5 Easements 'I'he Owner agrees to convey such easements to the 'l'own as outlined in Schedule "r' as required by the Town, free from any encumbrances, and any other further easements to be shown on the approved Engineering Plans to be approved by the Town Engineer for the purposes set out therein. 7.6 Reserves The Owner agrees to terminate all dead ends and open sides of road allowances created by the Plan in 0.30 metre 1M reserves, as set out on the Plan and convey these and any other 0.30 metre reserves in the Plan in fee simple, free from encumbrances, to the Town. {/! L. . ~ . . ./9/12 (Çff - ·' . I " ~ - - 9 - 8. MISCELLANEOUS PROVISIONS 8.1 Gender The word "Owner", or the words "he" or "his" where used in this Agreement, in addition to their accepted meanings, shall mean and include an individual, an associate, a partnership or an incorporated company. Wherever the singular is used herein, it shall be construed as including the plural, and wherever the masculine is used herein it shall be construed as including the feminine, and vise versa in all cases. 8.2 Authority The Owner and the Town acknowledge that the supply of any Town services to the lands which may be undertaken or on behalf of the Town must first receive the approval, with respect to certain of the Town services herein referred to, of the Ministry of the Environment. 8.3 No Waiver The failure of either the Town or the 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 I rights to thereafter enforce the same in accordance with this Agreement in the event of a continuing or subsequent default on the part of either party. 8.4 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. 8.5 Street Signs The Owner shall erect to the satisfaction of the ~own's Manager of Public Works, street and traffic signs prior to any building permits being issued. 8.6 Non-Performance It is agreed between the parties hereto that no party shall be held responsible ror 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. 8.7 Complete Agreement This Agreement when executed together with all Schedules attached hereto as provided for by this Agreement I 4~j shall constitute the entire Agreement between both parties~ and this Agreement may not be amended, modifieo or terminated except in writing signed by the parties hereto. 8.8 t/Á-- ?¥ 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. ~ .../1~ ,. . I ,< -'....- ~ - - 10 - 8.9 Compliance with Law and Standard Practices The 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 Town relative to the Premises. 8.10 Indemnification of Municipality 'l'he Owner, on behalf of itself, its successor and assigns in title, shall indemnify the ~own and the Town Engineer against all actions, suits, causes of action, claims and demands whatsoever which may arise either directly or indirectly by reason of the Owner undertaking this development. 8.11 Soil Conditions The Owner acknowledges and agrees that any Town approvals, including (without restricting the generality of the foregoing) zoning, subdivision and site plan approvals do not verify or confirm the adequacy of soil conditions and the Owner accepts responsibility for soil conditions, including soil contamination and agrees to comply with The Environmental Protection Act anò other legislation and the Owner agrees to indemnify and save the Town harmless from all actions or claims relating to soil conditions on the subject lands. 8.12 Compliance with Law Nothing in this Agreement exempts the Owner or anyone claiming by or through or under it from compliance with any by-law of the 'I'own or any statu'te or Regulation of Ontario or any other law nor exempts it from any liability accruing to it as the Owner of the lands. 8.13 The Owner hereby agrees that its obligations pursuant to this Agreement are joint and several so that the Town may, in its sole discretion, enforce the provisions therof against either Glen-Co. Holdings Inc. or Lurgan Holdings Limited, or both. - µ!ø tJL jf .. ./l1/tJ ~·I ~ . I >t - 11 - BENEFIT AND BURDEN IT IS DECLARED AND AGREED that this Agreement and the covenants, provisions, conditions and schedules herein shall enure to the benefit of and be binding on the respective heirs, executors, administrators, successors or assigns of each of the parties hereto. IN WITNESS WHEREOF the Corporate seals of the Owner and the Town are hereunto affixed under the hands of their proper signing officers in that behalf. SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE TOWN OF KINCARDINE I~ diØlk - - : ';.,. ........... .-, ... . " .' . ' ~...:. ..:...... GLEN-CO. HOLDINGS INC. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) '~~j. ~G~'::""""- per: :f~'? -~~-~--- --~~..... 1.9 /LvW~~? _:---~ per:r"ie:çt:.etat'¥ --- "/ -.,.,I'~" . ~" ........,;.... '<.'~-:::"~"- ........-,.. - ..... ...... ", .' " .' .,.'" LURGAN HOLDINGS LIMITED ~f';~~ '"~~ {: ~ - ~ ..... - --~...~ ~4~ ::: _~2? Se ~ .~ -- -:..~ ..........."',.::-..-;:.,.,\. " - Jj./_" ' ---~./ ./~..:.! """..- ././...."..;jJ~-"..'. Approved & Authorized by By-law No. 1989-44 enacted the 21st day of September , 1989 ¡)J;iJ -tt'- ~ ~ - " . I . . . ,. SU1BLULJ;; .. A" Description O~ ~a¡laS GL¡;;i~-CO. UOLDHJGS we. LAl.DS ALL AND SIuGULAR tnat certain parcel or tract oi Land and premises situate, iying and being in the '~O'in 0:': Kincaroine, Councy at bruce ~nd being composed of Part of Lot ~, all OL Lots 3 to 12 inclusive, and Part of Lot 13, west side of Park Street, i.'lan ,,1 ano being more parcicularly described as Parts ;¿ - 13 inclusive of Reference Plan 3~-2253. LURGAl¡ HOLDll,GS LH.I'.'ED LAilDS p.LL ¡Ù~D SIrjGULAR that certain parcel or tract 01 land and premises situate, lYLng and being in the '¡'own of KLncaraLn.:=, C:ounty of Bruce and bein':) com¡;:osed of 1-'arj.~ L01:S 13, 1 ,; and 15 and Part of Park Lot lG, east of Park StreC1: dn¿ Part of Park .Lot 1, north ot Kincdruine Avenue, Pian Gl and being more particularly described as ~act 1 on Re~erence Plan 3R-~f¡82. /Jø! ?<-t- ~ ~ ~ -- . . ..~ . . . --- ,.- , I ! C-U$£/IUHT .... - .- RK " I , , I , ,/ Lor No. " SCHEDULE "B" PIan of Development ,- I- "~I"\"n"' LVI/I'IU. 1 _. " 1-020 " , '" ./ /' f Ò r- ·0 .. "- --... 11.63Ac //' SOUTH or wELLINGTON AVENUE '" !i .. ----- / '" '-- .-/ I ;;: ----- ./' \ --.. ------- ' ------- __ 1 - II '.. 00- g ~~ 2,: '0 ·0 PARK LOr No, 12 .. '-027-02 . tiN 8" s:.... ¡¡ ~~ ~. ::'5 "'. ~~ ~~ ~G; 2:"~.o' ~R-2080 ,,:}-¿.¡3ßr(T STREET íTI UO.44 .,. 0 .. . 1,038 ~ £ ~ ,. .. -wi"'~ ·0 1-02 ~ N · ).0" 1-039 ·0 ~_.._.. -Of ~ æ , , '" -01 .~ ---E.o.~' -+-=::. . .. 0 1-040 , ·0 ~ ~~~~:.... ... JI · · "'ARt , 0 " ''':04Õ=-Ol ,- .. l20.'44' -l962 '0 .. " p~", , II> ~ ¡ 1-041 .. --ß.0,~· I- ·0 ... 0 ~ '" ~ 1-043 <!J · '" · I- ..2.t~~'4 '" .~ ~ ~ .. c::).. ... 02~·~:j .. '0 ~ \JJ 0 9.1-!'·~ .. ~ ~ ~:: , z , .. -0" ~,þQ. .. 1-044 _. UG.44:. I-OU -..-..- g '. · ¡ 1- 046 zz ..... o _P4(1't-.-l,.. - · 1-047 220.... 0 PART 2- Q 1·047"01 .. "!.. .. --.!!!L n ,01 '. ,; .. ·0 · · ~.. .. I .. .' ;;, : .. ~ 1-048 pr¡--'--- ;;r-f\~.8f ip':~ 1-,)48-01 .1 Pf'3 1-J48.0Z - ~ .. -E!H.'_.. 1U.44 n..a N òo; I ~ ¡ ..!. t... 1- 028- II '-'~.õR'-.,Y- ~ 22"'~ ro 1...02&-18 220.... f-026wl' 2.20.4.' 1-026·14 r __.___-..1. 20.44' "" 1-026-13- ! II> " 0.44' · 1-02&-IZ ~ · Zt!144" · '" N' I-OU'" · " I- OZI..O = "" · 0 - J:QU:!lt'-f .' 0> '''021.·01 III ~ CD 1$.0 .. ;: ~b. c 1_ I æ ~-, ~ ~ ~ · :: , ~ Z .. " . ~ I-QH-07 .. < UOM" ~ , ~ I-oze-oe · ~ 0 1-021"05 .. z ..' · ~ - ï"021·.t' t 2tQ4 1-02.6-01$ 1-026·0'2 ~,z · . '" l~44' · " . H)2e-o t .', · ' · .' '" ff') mï: ~ · -..~ -.._ ...'w : 1-049 ·I~ 0 to. 0 - ,. - -- - i g...... ¡Z-'" ~ - <If - .. V I V~ Z9 - , - - &.- 22 48' oW 1!>.' .SM- 404 II 220.'" -- !!? ":La ,~ - .. ~ ! r", : ... 9-:;: ~ --.-,.. - -. : ~9 ,. .- . ~ '" 0: .. "- ! 581i.&4 PARK I , / LOT No, 13 --- SaB -rEer aLOCK PARK .. . õ . CjI.$2:4Ac LOT 14 No, 1-013-09 LA~,OS~ .. ~ 24.67 Ac ~ I- W W a: ti / / ( PARK' LOT No, 15 --- ""T . ,,4:6'1'"- I "i4~ J: ; ?' I~ PAJK ~( 'N~ I ,~ "~ ICIAlVI f.DI ¡vi - - - - -~. - - - - - - - - ._. .- -. - - -- - - - - - - -- - - - - -.- - - - - -- r- (I) '" w PARK LOT No !6 1 '~4.0· f16CQ7" t.".~'-"" ',:"'Q o _ ..'~. . '" ,.. A· ~l'n _______: .¿ ; 22-'20 ,,,. . I .~. , . --- SCHEDULE "D" Construction ScheóuLe 'ár.1e Li11li ts for COIn?l.etion of ¡Iorks 'I. Oatermains t Se~lCr::3, curbS, \JaJ..k\'.l~YS, :êencing / secdins, sodding, tree 2Lancing, granul.ar base and base course of not aspha,i1:: shaLl. be compl.eted not l.a::er than 'C'W years f rom the da'te of 1:ùis agreemeùt. ¿. final course oj: hot asphalt shall be corapl.etcd not later than tllO years from the base course 0:[ asphûlt and not prior \.:0 one year ¡ rom the basc co~rsc OJ: ¿s9iJalt. ¡Jj¡¡I ¡d- ~ /æ ~ - -