HomeMy WebLinkAboutKIN 89 093 Agree-GlenCo Holding
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THE CORPORATION OF THE TOWN OF KINCARDINE
_~BY~tAW:NO~:1989~93
GLEN-CO. HOLDINGS INC. SEVERANCE AGREEMENT BY-LAW
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.
4. This by-law shall be known as the "Glen-Co. Holdings Inc.
Severance Agreement By-law".
READ a FIRST and SECOND TIME this 17th day of August, 1989.
Jxw If o!JIk
Mayor ~
READ a THIRD time and FINALLY PASSED this 21stday of September,
1989.
)fJtMAld (Wt&íJ1
Mayor
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Document Genera\
form 4 - Land Reglstrallon Reform Act 1984
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CERTlF'CAT~ OF RECEIPT -
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WAt.KERTON Lend RegiItraÍ
(4)Na.....olDocument Notice of Agreement
Section 74 of the Land T~tles Act
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Parcels 3-3, 3-4, 3-5, 3-6, 3-7, 3-8,
3-11, 3-12, 3-13, 3-14, 3-15, 3-16, 2
and 3-19, Section west of Park Street
Kincardine, County of Bruce. See Sch
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Application to register notice of an unregistered estate, right, interest or
equity (Section 74 of the Act) to: The Land Registrar for the Land Titles
Division of Bruce # 3.
The Corporation of the Town of Kincardine has an unregistered estate, right,
interest or equity in:
The land registered in the name of Glen-Co Holdings lnc. in respect of the
land registered as Parcels 3-3 to 3-19 inclusive,~Seclioncwest~ofPark St. and
hereby apply under section 74 of the Land Titles Act for the entry of a Notice
of Agreement in the register for the said parcel.
Continued on Schedule 0
(91 This Documenl re/8* to Inltrument numÞef(s)
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(101 Pariy(les) (Set oul Stalus or Interest)
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707 Queen St., Kincardine, Onto N22 129
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(131 Addrel'
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(141 Municipal Add.... 0/ Property
Park Street
Kincardine, Onto
(151 Document Prepared by.
Ronald R. Shaw
Clerk-Administrator
Town of Kincardine
707 Queen S to
Kincardine, Onto
N22 129
Fees and Tax
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Schedule
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Form S - L_ Registration Ratorm Act, 1984
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Addlllonal Properly tdentltler(l) ..cllor Othet Inlonnallon
DESCRIPTION
.:IR TLY
1 3-3, Section West of Park Street, being part of Lots l2 and l3 West
o rk Street according to the original Town Survey of the Town Plot uf
penetangore referred to as Plan 6l, designated as Part 2 on a Plan of Survey
deposited in the Registry Office for the Land Titles Divisiun of Bruce, at
Walker ton as Plan 3R-2253.
SECONDf"Y
Parcel 3-4, Section West of Park Street, being part of Lots II and 12 West
of Park Street according to the original Town Survey of the town Plot of
penetangure referred to as Plan 6l, designated as Part 3 on a Plan of Survey
deposited, in the Registry Office for the Land Titles Divi~m of Bruce, at
Walkertion as Plan 3R-2253.
THIRDLY
Parcel 3-5, Section West of Park Street, being part of Lot ll, West of Park
Street according to the original Town Survey of the Town Plot of Penetangure
referred to as Plan 6l, designated as Part 4 on a Plan of' Survey deposited
in the Registry Office for the Land Titles Division of Bruce, at Walkerton
as Plan 3R-2253.
FOURTHLY
Parcel 3-6, Section West of Park Street, being part of Lots lO and ll, West of
Park Street according to the original Town Survey of the Tuwn Plut of
penetangore referred to as Plan 6l, designated as Part 5 un a Plan of Survey
deposited in the Registry Office for the Land Titles Division uf Bruce, at
Walkerton as Plan 3R-2253.
FIFTHLY
Parcel 3-7, Section West of Park Street, being part of Lot lO, West of Park
Street according to the original Town Survey of the Town Plot of Penetangore
referred to as Plan 6l, designated as Part 6 on a Plan of Survey deposited
in the Registry Office for the Land Titles Division of Bruce, at Walkerton
as Plan 3R-2253.
SIXTHLY
Parcel 3-8, Section West of Park Street, being part of Lots 9 and lO, West of
Park Street according to the original Town Survey of the Town Plot of
penetangure referred to as Plan 6l, designated as Part 7 on a Plan of Survey
deposited in the Registry Office for the Land Titles Division of Bruce, at
Walkerton as Plan 3R-2253.
,
SEVENTHLY
Parcel 3-9, Section West of Park Street, being part of Lots 8 and 9, West of
Park Street accurding to the original Town Survey uf the Town Plut of
penetangore referred to as Plan 6l, designated as Part B on a Plan of Survey
~~ted in the Registry Office for the Land Titles Di~~on uf Bruce, at
~_ton as Plan 3R-2253.
EIGHTHLY
Parcel 3-10, Section West of Park Street, being part of Lot 8, West of Park
Street according to the original Town Survey of the Town Plut uf Penetangore
referred tu as Plan 6l, designated as Part 9 on a Plan ur Survey deposited
in the Registry Office for the Land Titles Division of Bruce, at Walkerton
as Plan 3R-2253.
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Schedule
Form S - Land Rl1 lolnldon Relorm Act 1984
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Additional Property Idenllller(l) and/or Other Inl_
DESCRIPTION
NINETHLY
P.' 1 3-ll, Section West of Park Street, being part of Luts 7 and 8, West of
P Street according to the original Town Survey of the Town Plot of
penetangore referred to as Plan 6l, designated as Part lO on a Plan of Survey
deposited in the Registry Office for the Land Titles Division of Bruce, at
Walker ton as Plan 3R-2253.
TENTHLY
Parcel 3-l2, Section West uf Park Street, being part of Lot 7, West uf Park
Street according to the uriginal Town Survey of the Town Plot of Penetangure
referred to as Plan 6l, designated as Part II un a Plan of Survey depusited
in the Registry Office for the I..;¡nd Titles Division of Bruce, ;¡t Walkerton
as Plan 3R-2253.
ELEVENTHLY
Parcel 3-l3, Section West of Park Street, being part of Lots 6 and 7, West of
Park Street according to the original Town Survey of the Town Plot of
penetangore referred to as Plan 6l, designated as Part 12,on a Plan of Survey
deposited in the Registry Office for the Land Titles Division of Bruce, at
Walkerton as Plan 3R-2253.
TWELFTHLY
Parcel 3-l4, Section West of Park Street, being part of Lots 5 and 6, West of
Park Street according to the original Town Survey of the Town Plot of
penetangore referred to as Plan 6l, designated as Part l3 on a Plan uf Survey
deposited in the Registry Office for the Land Titles Divi~ion of Bruce, ;¡t
Walkerton as Plan 3R-2253.
THTRTEENTHLY
Parcel 3-l5, Section West of Park Street, being part uf Lot 5, West of Park
Street according to the original Town Survey of the Town Plot of Penetangore
referred to as Plan 6l, designated as Part l4 on a Plan of Survey deposited
in the Registry Office fur the Land Titles Divisiun uf Bruce, at Walkertun
as Plan 3R-2253.
FOURTEENTHLY
Parcel 3-l6, Section West of Park Street, being part uf Lots 4 and 5, West of
Park Street according to the original Town Survey of the Town Plut of
penetangure referred to as Plan 6l, designated as Part l5 un a Plan of Survey
deposited in the Registry Office for the Land Titles Division of Bruce, at
Walkerton as Plan 3R-2253.
.
FTFTEENTHLY
Parcel 3-l7, Section West of Park Street, being part of Lots 3 and 4, West of
Park Street according to the original Town Survey of the Town Plot of
Penetangore referred tu as Plan 6l, designated as Part l6 on a Plan of Survey
dlosited in the Registry Office for the Land Titles Divisiun uf Bruce, at
W rton as Plan 3R-2253.
S EENTHLY
Parcel 3-l8, Section West of Park Street, being part of Lot 3, West of Park
Street according to the original Town Survey of the Town Plot uf Penetangore
referred to as Plan 6l, designated as Part l7 on a Plan of Survey deposited
in the Registry Office for the Land Titles Divsion of Bruce, at Walkerton
as Plan 3R-2253.
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Addlllonal P,oper1y Idenllller(11 ~or Other In'onnalion
DESCRIPTION
TEENTHLY
1 3-19, Section West of Park Street, being part of Lots 2 and 3, West of
Park Street accurding to the original Town Survey of the Town Plot of
penetangore referred to as Plan 6l, designated as Part l8 on a Plan of Survey
deposited in the Registry Office for the Land Titles Division uf Bruce, at
Walkerton as Plan 3R-2253.
EIr.HTEENTHLY'
Parcel 3-20, Sectiun West-of..P.ªrk Street, being part uf Lot 2, \~est of Park
Street according to the original-Town,-s'\JEvey of the Town Plot of Penetangore
referred to as Plan 6l, designated as Part 19 on a Plan of Survey deposited
in the Re~istry Office for the Land Titles Division of Bruce, at Walker ton
as Plan 3R-2253.
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SEVERANCE AGREEMENT
between
THE CORPORATION OF THE TOWN OF KINCARDINE
- and -
GLEN-CO. HOLDINGS INC.
Dated this 21st day of
September, 1989.
TOWN OF KINCARDINE
707 Queen Street
Kincardine, Onto
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THE CORPORATION OF '£HE 'l'OHN OF Kn;CARDINE
SEVERANCE AGREEMENT
.
'£HIS AGREEMENT made in quadruplicate this 21st day of Sept. ,1989.
BET WEE N:
GLEN-CO. HOLDINGS INC.
hereinafter called the "Owner",
of the First Part,
- and -
'fHE CORPORA'I'ION OF '.l'HE TOliN
OF KINCARDINE
hereinafter called the '''l'own'',
of the Second Part,
WHEREAS the Owner is the Owner in fee simple of the lands
described in Schedule "A" attached hereto;
AND WHEREAS the Owner of the lands de'S"Cribed in Schedule "A"
attached applied to the Town's Committee of Adjustment for the
approval of consents with respect to those land described in
Schedule "A" attached hereto;
AND WHEREAS the Town requires the Owner to enter into an
Agreement respecting the proposed consents;
AND WHEREAS the Town is prepared to permit the Olmers to develop
this land and to develop Park Street provided that they execute
this agreement and meet its obligations;
NOW THEREFORE THIS AGREEMENT witnesseth that in consideration of
other good and valuable consideration and the sum of '¡-¡¡o 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 to vlhich This Agreement
Applies, (herein called "the Lands").
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Schedule "C": Easements required to be granted to the
Municipali ty
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2.
INSTALLA~ION OF SERVICES
2.1 Grading Plan
The Owner shall submit to the ~own Engineer three sets
of an overall grading plan. ~his plan shall specifically
show existing and proposed grades for all lot corners, block
corners, centre lines of roads and the centre of the minimum
building set-back line on each lot. It shall also inàica~e
existing ditches, natural watercourses and filled land.
2.2 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,
(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 '¡'own's manager of
public works.
2.3 Commencement of Construction
The Owner shall not commence construction of any of the
works required by this Agreement without the approval of the
Town Engineer and the Town Engineer must be given 48 hours
written notice of the Owner's intention to commence
construction. Work interrupted longer than 14 days shall
not be resumed except after similar notification.
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 ~own Engineer giving seven (7) days Ilritten notice
by prepaid registered mail to the Owner, the 'J.:O\m through
its employees, agents or contractors may without further
notice enter upon the lands and proceed to supply all
materials and to do all the necessary inspection and works
in connection with the works, including the repair or
reconstruction of faulty work and the replacement of
materials which are not in accordance with plans or
specifications and to charge the cost thereof, together wi~h
the cost of engineering, to the Owner. It is understood and
agreed that upon such entry by the ~own on the said lands,
any monies placed on deposit with the Town to ensure
completion shall be forteited by the Owner and shall be
applied tO~lards the cost of any work unàertaken by the 'L'own,
and in addition to all other remedies it may have at such
time, the ~own may refuse to issue further building permits
until such remedial work has been completed and until such
payment has been made to the ~own for such services that
have been completed and are ye¡: to complete. Such en1:.ry
shall not be deemed as acceptance or ass~mption of the n~~v
works. V1''4f
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If, at any time, the work or construction of the works
referred to herein, in the opinion of the ~own, is not being
carried' out in accordance with the plans and specifications
or in accordance with good engineering practice, the Town
may stop all or any part of the work for any length of time
until such work has been placed in a satisfactory condition.
2.5 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 llOrk
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 works or an assumption by the Town of
any liability.
2.6 Relocation of Existing Services or Repairs
The Owner agrees to pay the cost of relocating and
repairing any existing services where such relocation or
repair is made necessary by reason of the construction of
the services required by this Agreement, and 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.
2.7 Qualitative or Quantitative ~ests
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 works required by this
Agreement and the costs of such tests shall be paid by the
Owner.
2.8 Services Within Easements
The Owner agrees that he will not apply for building
permits for lots or blocks on which easements have been
imposed, or for lots or blocks immediately adjoining such
easements, until such time as an Ontario Land Surveyor has
certified to the Town Bngineer that the required service or
services have been installed within the limits of the
easements or that the easement descriptions have been
adjusted in accordance with the location of the services as
actually installed.
2.9 Blasting
The Owner agrees that no blasting will be undertaken
without the written consent,of the Town Engineer.
2.10 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 'l'o~m.
3.
HAIN'.êENANC£ AND REPAIRS DURING COtJS'J.RUC'~·ION
3.1 Care of Access Roads and Other Services
All access roads and all appurtenances on road f!
allowances giving access to the development shall be
maintained in good condition during construction and, if fJ5
damaged, restored by the Owner.
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3.2 Dumping and Removal of Debris or Fill
The Owner agrees neither to dump nor to permi t 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 Inspections
The Town Engineer shall advise the Owner in writing of
the stages of construction of which the Town Engineer
requires the Owner to request inspections and the Town
Engineer shall effect such inspections without delay when
requested.
The Town Engineer may require the Owner to uncover for
inspection purposes any work which has been covered by
backfilling or otherwise before the Town has had a
reasonable opportunity to inspect any portion of the work.
4.2 Subdivision Releases
Upon completion of all works required in this
Agreement, completion of final grading on the lot after
construction of a dwelling or dwellings to the satisfaction
of the Town's chief building official, completion of any
remedial work required by the Town and payment of all Town
fees and accounts, the Town will give a general certificate
of release, such Release to be prepared and registered at
the expense of the Owner. In addition, the Town may release
individual lots on the Plan on terms and conditions
satisfactory to the Town.
4.3 Charge on Land
The Owner charges the land with the performance of this
Agreement.
5. DRAINAGE, LANDSCAPING AND DESIGN
5.1 Grade Control
.
Notwithstanding any of the provisions of this Agreement
to the contrary, the Owner shall:
(a) Complete the drainage ~ystem, including such grading as
is necessary to bring the elevation of a lot or block to
within 0.3 metres of the final grade as shown on the overall
grading plan acceptable to the Town Engineer, prior to any
building permits being issued. Final lot grading and the
grading of ditches and swales on lots or blocks that drain
only the lot or block on which they are located shall be the
only parts on the drainage system to be completed after
building permits are issued.
(b) Submit to the Town with every application for a
building permit, a site plan indicating the location of the
proposed building and driveway on the site and indicating
that the proposed construction and grading will comply with ~
said Grading Control Plan. The said site plan will also
indicate the elevation of the top of the foundation wall of
the proposed building which elevation will also conform to 05
the said Grading Control Plan. No building permits will be ~/1
issued until the said site plan has been approved by the~~
Town's chief building official. ~
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(c) Submit with the building permit application for a lot, a
letter of credit or certified cheque in the amount of
Fifteen Hundred Dollars ($1,500.00) per lot to ensure that
the Grading Certificate referred to in Section 5.1 (f) of
this Agreement will be provided by the Owner.
(d) Agree that no building permit will be issued for any
construction beyond the completion of the foundation wall
until the 'l'own's chief building official is satisfied that
the elevation of the top of the foundation wall of the said
building, as constructed, conforms within reasonable
tolerance to the elevation shown on the said site plan and
meets lot, zoning and building compliances.
(e) ~he owner shall complete all final grad~ng o¡ the said
lot in conformity with che site plan and Grading Con-¡:.rol
Plan.
(f) Submit to the Town a certificate acceptable to the ~own,
which certificate shall evidence that the final grading of
the said lot conforms to the Graòing Control Plan and Site
Plan within reasonable tolerances as determined by the
Town's Chief Building Officlal and tnat as so graded, the
lot will provide for surface drainage in accordance with the
site plan and Grading Control Plan. If and when accepted by
the 'i'own's Chief Building Official, the deposit shall be
returned without interest to the Owner Less any costs
incurred by the Town under Clause 5.1 (g).
(g) Be responsible for the drainage of all the lots and
blocks within the Plan and shaLL, on the sale of any lots or
blocks, reserve such rights as may be necessary to enable
the Owner or the Town to enter for a ~eriod of two years
from occupancy of the dwelling and undertaKe modifications
to the surface drainage features of the said lots and blocks
in accordance with the Lot Grading Control Plan agreed to DY
the 'i'o\~n. 'fhe Owner agrees that, should drainage
rectification become necessary in the absolute discretion of
the Town's Chief Building Official at any time during the
term referred to herein and the Owner fails to make such
rectification when so instructed by the Town, the ~own may,
at its option, undertake the correctlon of such drainage
situation and all costs over and above che Fifteen Hundred
($1,500) ãe?osit shall be charged back to che Owner and
shall include a management fee of Fifceen (15%) percent of
the cost of .J.abour and material. 'l'he Owner agrces that
neither it nor its successors or assigns will alter the
grading or change the elevation or concour of the land
except in accordance with drainage plans approved by the
rj,'own.
5.2 'l'opsoil
.
~he Owner agrees that no topsoil shall be removed from
the lands on the Plan, witnout the written consent of the
'J:own. Where it becomes necessary co temporarily remove any
topsoil, it shall be stock-piled and replaced on the lot or
block to a depth of not less than 15 centimetres over the
entire area not covered by buildings, driveways or paved
areas. If the existins topsoil on the site is not
sufficient, additional topso1i will be supplied by che Owner
to maintain the required depth over the area.
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5.3 Landscaping
(a) Sodding & Seeding
(i) ~he Owner shall ensure that sod or seed is
laid on the front, side and rear yards of all
lots and blocks thereafter.
(ii) Sodding only, as opposed to seed~ng, shall be
employed where, in the opinion of the 'I'own
Engineer, 1t is warranted on account of
topography, soil conditions or drainage.
(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 by supplier.
(iv) Sodding and seeding shall be maintained by
the Owner until well established.
(b) 'Úees
The Owner agrees to plant one tree on the road
allowance in front of each lot. Trees shall be Norway
or hard maple or green or white ash and the diameter of
each tree trunk to be at leas't three inches (3"). '£he
location of the trees will be approved by the ~own in
advance.
5.4 Sign
The Owner may erect one sign advertising the
development on lands described in Schedule "A" to this
Agreement. The Owner shall remove any such signs three
years from the beginning of cons'truction. 'i'he Owner shall
maintain the sign.
5.5 Survey Bars
The Owner shall replace all survey bars removed during
the construction to the satisfaction of the ~own Engineer.
6. ADMINIS~RATION
6.1 Registration of the Agreement
The Owner agrees that this Agreement and the Schedules
hereto or any parts thereof shall be registered upon the
ti tIe of the lands. '..'he Ovner shall pay to the Town all
legal costs incurred with respect to registration.
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6.2 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:
TO THE MUNICIPALI~Y:
Clerk
The Corporation of the ~own of
Kincardine
707 Queen Street
Kincardine, Onto
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TO THE OWNER:
Glen-Co. Holdings Inc.
c/o Dave Small
355 Princes Street
Kincardine, Ontario, N2Z 2~5
The Owner shall supply the clerk of the Town with any
changes in Ownership and/or address. 'l'he 'l'o\~n must then
send any notices to new Owner and/or address.
6.3 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.
6.4 Notice to Purchaser of Services to be Provided
The Owner agrees to notify, or cause to be notified,
each and every purchaser of land within the said subdivision
of all the services to be provided for such purchaser.
7. FINANCIAL PROVISIONS
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 Levies or Imposts
The Owner shall pay to the Town the amount of $1,500.00
per lot on or before the issuance of a building permit or
the sale of each lot, whichever occurs first. Any lots
which have not been sold, been subject to a building permit
or have not had the lot levy paid on them within a period of
two years from the execution of this Agreement, shall be
subject to an increase in the lot levy per lot, which shall
increase to whatever fee is generally in effect at ~he time
of sale or application for a building permit.
7.3 Engineering Fees
The Owner agrees to pay for any engineering fees
incurred by the Town supervising any work or other matter
resulting from this develop@ent.
7.4 Taxes
The Owner shall pay in full all taxes in arrears.
7.6 Insurance
Prior to commencing any work in connection with this
Agreement, the Owner shall supply the ~own with a liability
insurance policy in the amount of $3,000,000. and in a form
satisfactory to the Town Solicitor indemnifying the Town and
the 'lown Engineer from any loss arising from claims for
damages, injury or otherwise in connection with the works ~
done by or on behalf of the Owner on the lands until the
expiration of the guarantee per lod on all the services '.r¡¿
herein provided for. The policy shall not have any CI-'
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exclusion for blasting. In the event any renewal premium is
not paid, the Town, in order to prevent the lapse of such
policy, may pay the renewal premium or premiums, and the
Owner agrees to pay the cost of such renewals within ten
(10) days of the account being rendereó by the Town.
7.6 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.
7.7 The Construction Lien Act, 1983
The Owner agrees that it will hold back in its payments
to any Contractor who may construct 'the services, such sums
as are provided in accordance with the Construction Lien
Act, 1983, and will otherwise indemnify the 'I'own against any
claims, actions or demands for Mechanics' Liens or otherwise
in connection with the works and all costs in connection
therewith, and on the demands of the Town Engineer will
forthlÚth take such steps to immediately discharge all Liens
upon the services.
Notwithstanding anything to the contrary contained in
this Agreement, the Owner hereby agrees that the filing of
any Liens pursuant to the Construction Lien Act, 1983, with
respect to the land describeó in Schedule "A" attached
hereto, shall constitute a default by the Owner of the terms
of this Agreement and shall entitle the Town to draw on any
or all of the Letter of Credit referred to in Section 7.2 of
this Agreement and to utilize said draw to make payment into
Court of the holdback together with costs.
7.8 Parkland
'I'he Owner agrees to convey to the 'l'own, immediately
after registration of the Plan of SUbdivision, land in the
amount of (5%) of the land included in the Plan of
Subdivision for public purposes pursuant to the provisions
of the Planning Act. In the alternative, and in the sole
discretion of the Town, the Owner agrees to make a cash
payment in lieu thereof at the rate of $ 200 per lot on or
before the issuance of a building permit or the sale of each
lot whichever occurs first. Any lots which have not been
sold, been subject to a building permit or have not had the
parkland levy paid on them within a period of tl¡O years from
the execution of this Agreement, shall be subject to an
increase in the parkland levy per lot, which shall increase
to whatever fee is generally in effect at the time of sale
or application for a building permit.
7.9 Easements
.
The Owner agrees to convey such easements as outlined
in Schedule "F" 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 'I'own
Engineer for the purposes set out therein.
7.10 No Mortgagee
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This Agreement will only come into force and effect
upon registration on title ahead of any mortgage or other
encumbrance identified by the Town's solicitor.
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8.
MISCELLANEOUS PROVISIONS
8.1 Building Permits
No building permit shall be issued upon any lot or
block and no building shall be undertaken thereon until
completion of Stage I of the municipal services as outlined
in the Agreement between the Owner and Lurgan Holdings
Limited with the Town concerning the construction of Park
Street between Kincardine Avenue and Albert Street. There
shall be no occupancy of any lot until the Town is satisfied
that sufficient security exists to ensure completion of
Stage II of the municipal services in the said Agreement.
The Town shall have the power to refuse to grant building
permits with respect to any or all of tne lots shown on the
Plan at anytime when the Owner is in default under either
Agreement.
8.2 House Numbers
All street numbers for use within the proposed plan of
subdivision shall be allocated by the Town. The Owner shall
furnish the Clerk with a copy of the plans as approved, upon
which the Clerk will designate the proper number or numbers
for each lot. It shall be the responsibility of the Owner
to furnish the subsequent purchaser of each lot with the
correct street number.
8.3 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.
8.4 Author1ty
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.
8.5 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 De 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 vr subsequent default on the part of
either party.
8.6 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 por~ions oi this
Agreement unless the result would be manifestly inequitable
or unconscionable.
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8.7 Non-Performance
It is agreed between 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.
8.8 Complete Agreement
~his Agreement when executed together with all
Schedules attached hereto as provided for by this Agreement
shall constitute the entire Agrement between both parties
and this Agreement may not be amended, modified or
terminated except in writing signeã by the parties hereto.
8.9 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.
8.10 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.
8.11 Indemnification of Municipality
The Owner, on behalf of itself, its successor and
assigns in title, shall indemnify the Town and the Town
Engineer against all actions, suits, causes of action,
claims and demands whatsoever which may arise either
directly cr indirectly by reason of the Owner unãertaking
this development.
8.12 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 \-lith '¡'he
Environmental Protection Act and other legislation and the
Owner agrees to indemnify ~nd save the Town harmless from
all actions or claims relating to soil conditions on the
subject lanãs.
8.13 Compliance \lith 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 Town or any statute or Regulation of Ontario
or any other law nor exempts it from any liability accruing
to it as the Owner of the lands.
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BENEFI~ AND BURDBU
I 'I' IS DECLARBD AND AGREED that this A9 reement and -che covenants,
provisions, conditions and schedules herein sha~l enure to the
benefit of and be binding on the respective heirs, executors,
aóministrators, successors or assigns of each of the parties
hereto.
IN WI~NESS WHEREOF the Corporate seals of the üwner and the ~own
are hereunto affixed under the hands of their proper signing
officers in that behalf.
SIGNED, SEALED AND DELIVERED
in the presence of
~HE CORPORATION OF ~HE
TOWN OF KINCARDI~E "
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Approved & Authorized by
By-law No. 1989 - 93
enacted the 21Stday
of September , 1989
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GLEN-CO. HOLDINGS INC.
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SCHEDULE "A"
Description of Lands to Which ~h~s Agreement Applies
ALL AND SINGULAR that cereain parcel or tract oi Land and
premises situate, lying and being in the ~own ot Kincardine,
County of Bruce and being composed of Pare of Lot 2, all of Lots
3 to 12 inclusive, and Pare of Lo~ 13, west side oi Park Sereee,
Plan 61 and being more pareicularly described as Part 2-18
inclusive of Reference Plan 3R-2253.
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SCHEDULE "C"
Easements Required to be Granted to the Municipality
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