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HomeMy WebLinkAboutKIN 87 082 Dev Agree-Versa Care . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW 1987-82 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH VERSA-CARE LIMITED CONCERNING BLOCKS B, C, G, AND PART OF BLOCKS F AND H, PLAN M-l IN THE TOWN OF KINCARDINE WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to enter into an agreement with Versa-Care Limited concerning the construction of a multi-level retirement community on Blocks B, C, G and Part of Blocks F and H of Plan M- 1 in the Town of Kincardine; 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 Versa-Care Limited concerning the construction of a multi-level retirement community on Blocks B, C, G and Part of Blocks F and H on Plan M-l in the Town of Kincardine. 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 15th day of October, 1987. READ a THIRD time and FINALLY PASSED this 5th day pf November, 1987. - - ~r~ Mayor " -- - ~ '.- ..- ." - - ~ ~..... . - $ ~ .~ ~ ~ Province of ... Ontario . FO~~C~~.~~~~~~~. o (1) AoglIby 0 (3) P"-" I-'¡I) La1d T_ KI (2) Page 1 01 18 pages Block property Additional: ~UI. 0 NulTitiGt _n m nmn _m_ 1.9.ß. 5 0 CERTIFICATE OF RECEIPT (4)N....reofDocumont Notice of Additional: ~UIe 0 All and singular that certain parcel or tract of land situate, lying and being in the Town of Kincardine, in the County of Bruce, in the Province of Ontario and being composed of Blocks B, C, G, Plan M-l and Part of Blocks F and H, Plan M-l now shown as Parts 1 and 4 on Plan 3R-3793. (see Schedule attached as Page 18) BArr-1(; PIJOZèG¿<; f3 - '5 ¡¡NO e-9 S£cifál7r-' M - / (7) This (a) Redescription Document New Easement Conto/no: Plan/Sketch One Thousand ------------- Dollars $ 1,000.00 (6) DeocrtptIon Additional: ~hedul. 0 ¡ (b) Schedule for: O! Description Q Additional Parties o Other KI (8) Thll Document provldeo IS 1_: See Development Agreement attached as Schedule "A", pages 2 through 17. Continued on Schedule 0 (9) Thll Document _lIS to Inotrument number(l) (10) Party(llS) (Set out Status or Interest) Name(s) THE CORPORATION OF THE -, - s) Date of Signature v M D .................................. " , " i1987 ill \25 ................ .··-<>cl'-¡.. ·.·1.·1·. , " , " ¡ !! , " TOWN OF KINCARDINE , . '(:A:p¡.)lic·aritJ . . . . , . . . . . . . . . , . . . . . , . . , , , ., . ....... ,..................................... (11) Add.... lorSeMce 707 Queen Street, Kincardine, Ontario N22 129 (12) Party(leo) (Set out Status or Interest) Name(s) Signature(s) Date of Signature V " D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . , , , , , , , , , , , , , , ......... .... ...... ... ... ........ ...... ..,...... , , , , , , , , , , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . , , : I ¡ ¡ VERSA "'CARE LIMITED , . '(ownèi-)' . . . . , . . . . . , . , , , . , . , . , , , . . , . , . , . . . , ............................................ . (13) Ad_ lor Service Sui te 500, (14) Munlclpol Add.... 01 Property 73 Water St. N. Cambridge, Ontario NlR 7L6 (15) Document Prepated by: Not assigned onald R. Shaw Clerk-Administrator Town of Kincardine 707 Queen Street Kincardine, Onto N2Z 129 ~ Z Registration Fee o w '" ::> w U Ii: "- a a: o "- Fees and Tax Total 6~ Apn1. 1985 Newsome and Gilbert. Limited FonD. LF1333 0/85) r . " '. ~ .. -. ." ~ . SCHEDULE "A" DEVELOPMENT AGREEMENT Between . Page 2 at lð THE CORPORATION OF THE TOWN OF KINCARDINE " ¡J and VERSA-CARE ~~e~Te-eN~~Rie LIMITED Dated this nineteenth day o[ November, 1937 . Town of Kincardine 707 Queen Street Kincardine, Ontario. N2Z lZ9 , ...,.. '":1 . . " " l. 2. . . TABLE OF CONTENTS LIST OF SCHEDULES ATTACHED INSTALLATION OF SERVICeS Definition of Municipal Services Acknowledgement Protection and Replacement of Existing Services Utilities Consulting Engineer Contractors plans and Specifications , Commencement of Construction Provision if Work not Satisfactory 2.10 Authority to Inspect 2.11 Use of Services by Municipality 2.12 Relocation of Existing Services or Repais 2.13 Qualitative or Quantitative Tests 2.14 Services Within Easements 2.15 Blasting 3. ~IAINTENANCE AND REPAIRS DURING CONS':'RUC'rION 3.1 Sewers 3.2 Care of Access Roads and Other Services 3.3 Dumping and Removal of Debris or Pill 4. ACCEPTANCE OF WORKS 4.1 Inspections 4.2 preliminary Acceptance 4.3 Guaranteed Maintenance 4.4 Final Acceptance DRAINAGE, LANDSCAPING AND DESIGN 5.1 Grade Control ADMINISTRATION 6.1 Registration of the Agreement 6.2 Serving of Notices 6.3 Owner's Liability 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 6.4 Owner's Obligations Page 3 of 5. 6. Page 2 2 ~ 2 3 3 3 3 4 ,1 4 4 4 4 5 5 5 5 5 5 6 6 6 6 6 6 7 7 ~ ~ ...;.. ':1: . . Page 4 of IS 7. FINANCIAL PROVISIONS 7.1 processing Fee 7 7.2 Levies or Imposts 7 . 7.3 Future Development 7 7.4 Taxes 8 7.5 Insurance 8 7.6 Interest on Overdue Accounts 8 8. MISCELLENEOUS PROVISIONS 8.1 Benefit and Burden 8 8.2 Gender 8 8.3 Continued Obligation 9 , 8.4 Authority 9 8.5 Construction and Occupation 10 8.6 No Waiver 10 8.7 Severability 10 8.8 Assignment 10 8.9 Non-Performance 10 8.10 Complete Agreement 10 8.11 Further Documents 10 8.12 Compliance with Law and Standard Practices 11 8.13 Indemnification of Municipality 11 . . v ~ . . Page 5 of 18 TilE CORPORATION OF THE TOWN OF KINCARDINE DEVELOPMENT AGREEMENT ~THIS AGREEMENT made this nineteenth day of ~ VERSA-CARE WEE'" :::::.::::":,:::'::: · Owno," . November, 1987. of the First Part, -and- THE CORPORATION OF TilE TOWN OF KINCARDINE hereinafter called the "Town", ~ 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 has applied to the Town for a amendment to By-law No. 4350, as amended, to permit of a multi-level retirement community on the land Schedule "A" attached; zoning by-law the building described in AND WHEREAS it zoning by-law agreement; is a condition precedent to the Town approving the amendment that the Owner enters into this AND WHEREAS the lands described in Schedule "A" attached are subject to a development agreement dated the 8th day of June, 1972 and registered as Instrument Number 9 in the Registry Office of Bruce (No.3) Land Titles Division on the 1st day of August, 1972 and partially released by an agreement dated the 13th day of June, 1974 and registered as Instrument Number 479 on the 17th day of June, 1974 and a further agreement dated the 23rd day September, 1961 and registered as Instrument Number 12249 on the 25th day of November, 1982; AND 'WHEREAS these agreements permitted the building of a total of 156 multiple residential units on Blocks B, C, D, E, F, G and II of Plan M-l in the Town of Kincardine, of which 46 units have been built on Blocks D and E of Plan M-l leaving 110 residential units committed by the Town of Kincardine for the lands described in Schedule "A" attached. AND WHEREAS there are water and sanitary sewer constraints upon the future development of the lands described in Schedule "A" attached which the owner is prepared to accept and further, the owner is prepared to negotiate appropriate financial and other arrangements with the Town for further development on the lands; . NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of other good and valuable consideration and the sum of ONE DOL[~R ($1.00) of lawful money of Canada, now paid by each of the parties hereto, (the receipt whereof is hereby acknowledged) and the further consideration of the Town ultimately passing a zoning by-law amendment, the parties hereto covenant, promise and agree with each other as follows: . .... '), . . Page 6 of 18 -2- 1. LIS'l' OF SCHEDULES A'l'TACHED . The following Schedules are attached to and form part of this Agreement: Schedule "A": Description of Lands to Which this Agreement Applies, (herein called "the Lands"). Schedule "B": Site Plan, (herein called "the Plan"). Schedule "Co: Engineering Design Spec if ications. Criteria and 2. INSTALI.ATION OF SERVICES 2.1 Definition of Municipal Services The municipal services in tÞis agreement shall be defined as the current storm and sanitary sewers with appropriate easements located on the Lands. 2.2 Acknowledgement The Owner acknowledges that he will be constructing a building over an existing storm sewer and an existing sanitary sewer on the Lands. 2.3 Protection and Replacement of Existing Services The Owner shall encase the existing storm sewer in concrete to the satisfaction of a professional engineer appointed and hired by the Town (hereinafter called the Town Engineer) following which subsequent repairs and maintenance to the said sewers shall be the responsibility of the Town. In the event the municipal services fail, the owner shall grant easements to the Town to construct new facilities at a lcoation agreed to by the Town and Owner. Any damage or liability with respect to the Owner's premises caused by failure of these services shall be borne by the Owner and shall not accrue to the Town. . The Owner agrees to re-build the sanitary sewer around the building to be constructed, under the direction of and to the satisfaction of the Town Engineer. The sanitary sewer shall be constructed on]y in a location approved in advance by the Town's Planning and Development Committee and the Gwner agrees at its own expense to provide the Town with an easement satisfactory to the Town's solicitor allowing access to the sanitary sewer. Following completion of installation, the Town shall be responsible for subsequent repairs and maintenance to the said sanitary sewer. Any damage or liability with respect to the Owner's premises shall be borne by the Owner and shall not accrue to the Town. 2.4 Utilities The Owner shall enter into such agreements as may be necessary with the Kincardine Public Utilities Commission regarding such 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. . . "'-ì 2.5 . 2.6 . . Page 7 of 18 -3- Consultin9 Engineer The Owner shall employ a re9istered Professional Engineer to assume responsibility for the design, 'general supervision and resident supervision of the installation and construction of municipal services required by this agreement. Contractors The Owner shall submit to the Town Engineer a list of all the contractors and sub-contractors to be engaged in the installation of municipal ,services and no contract for such works shall be let by the Owner unless he has obtained the written approval of the Town Engineer for the contractor and sub-contractors. 2.7 Plans and Specifications . , a) Plans of proposed Services The Owner shall submit to the Town Engineer two sets of plans, profiles, detail drawings, specifications and, if required, calculations for the installation of all the required municipal services. Such submission shall be in compliance with the standards and specifications of the Town. b) Grading Plan The Owner shall submit to thc Town En9ineer two sets of an overall grading plan. This 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 indicate existing ditches, natural watercourses and filled land. c) Review and Approval The Town Engineer shall: i) review the submission with reasonable dispatch, ii) communicate to the Owner any corrections requisite for such compliance, and iii) subject to any requisite corrcctions, endorsc his approval on the two sets of plans and specifications, retain one set for inspection purposes and return the other set to the Owner. d) As-Constructed Drawings When the municipal services are completed, the Owner shall provide the Town with one mylar copy of the as-constructed drawings thereof. 2.8 Commencement of Construction The Owner shall not commence construction of any of the wor~s 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 aftcr similar notification. - . ~ V ");, . . . Page 8 of 18 . -4- 2.9 provision if Work not Satisfactory In the event the Owner fails to install the municipal services covered by this agreement or fails to proceed 'expeditiously or fails to install the municipal services in accordance with the specifications and requirements of this agreement, then, upon the Town Engineer giving seven (7) days written notice by prepaid registered mail to the Owner, the Town 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 installation of the municipal services, 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 with the cost of engineering, to the Owner. Such entry shall not b~deemed as acceptance or assumption of the municipal services. 2.10 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 on the municipal services 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. 2.11 Use of Services by the Municipality The Owner agrees that the municipal services constructed by him 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 municipal services and shall not relieve the Owner of any of his obligations. 2.12 Relocation of Existing Services or Repairs The Owner agrees to pay the cost of relocating and repairing any existing municipal services where such relocation or repair is made necessary by reason of the construction of the municipal services required by this agreement, and to adjust the grade of all water service boxes, valves, hydrants and valve chambers as may be required by the Town Engineer. If the grades of existing adjacent roads need to be changed, the necessary work to do this shall be at the Owner's expense. 2.13 Qualitative or Quantitative Tests The Town Engineer may have qualitative and quantitative tests made of any materials which have been or are proposed to be used in the construction of any municipal services required by this agreement and the cdsts of such tests shall be paid by the Owner. 2.14 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 aùjoining such casements, until such time as the Town Engineer has certified that the rcquired municipal service or .# ..,. -,. . . Page 9 of 1& -5- . 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 municipal services as actually installed. 2.15 Blasting The Owner agrees that no blasting will be undertaken without the written consent of the Town Engineer. 3. MAIN'l'ENANCE AND REPAIRS DURING CONS~'RUC'rION 3.1 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-ba~ins includes filtering against excessive sedimentation. Prior to final acceptance, he agrees to clean all catch-basins and manholes and flush all sewers with hydraulic flushers to the satisfaction of the Town Engineer. 3.2 Care of Access Roads and Other Services All access roads and all appurtenances on road allowances giving access to the developme~t shall be maintained in good condition during construction and, if damaged, restored by the Owner. The Owner agrees to apply calcium to the access roads, as needed and in sufficient quantities to prevent dust problems. 3.3 Dumping and Removal of Debris or pill 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 without the written consent of the authority having jurisdiction. 4. ACCEPTANCE OP WORKS 4.1 Inspections The Town Engineer shall advise the Owner in writing of the stages of construction at 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 Engineer has had a reasonable opportunity to inspect any portion of the work. 4.2 Preliminary Acceptance Upon completion of construction and installation of the municipal services and satisfactory inspections thereof, the Town Engineer shall issue to the Owner a Certificate of preliminary Acceptance stating the date of the last inspection, whereupon the period of guaranteed maintenance shall commence. ~ w- ~ 4.~ . 4.4 . Page 10 of 1. . -6- Guaranteed Maintenance The Owner guarantees all the services constructed under this agreement for a period of one year following the ,date of the last inspection required for the issuance of the Certificate of Preliminary Acceptance. The Owner agrees to pay the Town immediately upon receipt of a written demand, any expense incurred by the Town in making emergency repairs during the guaranteed maintenance period. pinal Acceptance At the end of the guaranteed maintenance period of the municipal services, the Town Engineer shall complete the final inspection of those services. At the first reasonable opportunity following such final inspection, which shall not be unreasonably delayed, the Town Engineer shall recommend to Council final acceptance of the services and Council shall pass the necessary resolution accepting the services and assuming the maintenance thereof. 5. DRAINAGE, LANDSCAPING AND DESIGN 5.1 Grade Control drain all the lands in required in Subsection approved by the Town The Owner agrees to grade and accordance with the Grading plan 2.5(b) of this agreement and as Engineer. 6. ADMINISTRATION 6.1 Registration of the Agreement The Owner agrees that this agreement and the schedules hereto or any parts thereof may be registered upon the title of the lands, at the sole discretion of the Town. The Owner shall pay to the Town all legal disbursements incurred with respect to registration. 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 TOWN Clerk-Administrator Town of Kincardine 707 Queen Street Kincardine, Ontario N2Z lZ9 VERSA-CARE 599~T9-entar±o Limited 73 Water Street N. Cambridge, Ontario N1R 7L6 TO THE OWNER: 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 ~ ... . . . Page 11 of 18 -7- parties to this agreement pursuant to any of the provisions of this agreement. . 6.4 Owner's Obligations The Owner's obligations under this agreement shall be conditional upon the lands being zoned by the Town to permit a multi-level retirement community. 7. FINANCIAL PROVISIONS 7.1 processing Fee The Municipality acknowledges $1,000. to be credited administrative fees. payment of the sum of toward processing and 7.2 Levies or Imposts -. The Owner acknowledges the status of impost fees as follows: 156 units have been prepaid in previous development agreements; less 46 townhouses already built on lands adjacent to these leaving a credit of 110 units. The current proposal will be equivalent to 82 units calculated as follows: iJ 60 senior apartments ii) 40 lodge beds @ 40% iii) 40 extended care beds @ 40 % TOTAL Therefore, the Town of 28 units on the fees and not in municipal services. 60 units 16 units 16 units 82 units acknowledges that there is a credit land strictly in regard to impost regard to the capacity of external 7.3 Future Development The Owner agrees that any future development beyond 60 senior apartments, 40 lodge beds and 40 extended care beds will require a further development agreement as a condition of the Town issuing a further building permit or approving a further site plan agreement. 7.4 Taxes No building permits shall submits a certificate that been paid. be issued until the Owner all taxes on said Lands have 7.5 Insurance iJ The Owner shall insure against all damages or claims for damage with an insurance company satisfactory to the Town's solicitor. Such policy or policies shall be issued in the joint names of the Owner and the Town and the form and content shall be subject to the approval of the Town. The policy or policies shall remain in the custody of the Town during the life of this Agreement. The minimum limits of such policy or policies shall be $4,000,000.00 all inclusive, but the Town shall have the sole right to require higher policy limits. The policy or policies shall have no exclusion for blasting anù must contain a "completed operations" clause. The policy or policies shall remain in effect for the life of this Agreement. . ,J .:.-.,. . . Page 12 of Ii -8- . ii) The Owner shall provide, to the satisfaction of the Town, from time to time as the Town Engineer may require proof 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 the Owner has complied with all provisions of The Workers' Compensation Act and The Construction Safety Act. The issuance of such a policy of insurance shall not be construed as relieving the Owner from responsibility for othcr or largcr claims, for which he may be held responsible. 7.6 Interest on Overdue Accounts , to the Town at the rate of monies payable under this paid on the due dates, to the date of payment. The Owner shall pay interest 15 per cent per annum on all agreement which are not calculated from the due dates " 8. MISC¡;;I.I,AN¡;;OUS PROVIS IONS 8.1 Benefit and Burden It is declared and agreed that this Agreement and the covenants, provisos, and conditions herein shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns of the property of the parties hereto. 8.2 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. 8.3 Continued Obligation It is further expressly understood and agreed by all parties to this Agreement that any continued obligation or agreement of the "Town" pursuant to this Agreement, is conditional upon the Town being previously put in possession of an agreement, in a form acceptable to the Town's solicitors, whereby any subsequent owner expressly agrees to fully comply with, and be bound by, all of the provisions of this Agreement, and upon the Town being satisfied of the purchaser's ability to satisfy the terms of the Agreement and so signify in writing. . 8.4 Authority Notwithstanding anything hereinbefore set out, it is mutually understood and agreed by the Owner with the Town that this Agreement and all the terms and conditions hereof, with respect to any contractual or any other liability on the part of the said Town as herein set forth shall be conditional upon the Town being legally permitted to enter into ,the arrangements, financially or otherwise, as herein set forth, and if at any time during the currency of this project it is found by any court of competent jurisdiction, or the Ontario Municipal Board, or the Ministry of Municipal Affairs, or any other government department that this 4 "" . . . Page 13 of 18 - -9- . Agreement and lor all its terms are void insofar as the Town is empowered to enter into this Agreement, then no obligation, liability or duty of any nature or kind whatsoever, whether in law or equity, shall be imposed upon the said Town to carry out any of the provisions of this Agreement. 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. Therefore, it is understood and agreed by the Owner that any contractual liability or any other liability on the part of the said Town as herein set forth is conditional upon the said Town receiving the approval and authorization of the aforementioned government bodies or any of them. No obligation, liability or duty of any nature or kind wha~soever, whether in law or in equity shall be imposed on the said Town to carry out its obligations under this Agreement, failing receipt of any such approval. In this event, the Town may cancel this agreement and return to the Owner any money it holds for or on behalf of the Owner after deducting therefrom all moneys, costs, payments and expenses spent, paid or incurred by the Town in carrying out this agreement or providing Town services to the Owner's lands. 8.5 Construction and Occupation The Owner and Town agree that the construction and occupation of this development similar to that shown on Schedule "n" attached hereto and herein called the "development" shall be completed within three years from the date of execution of this Agreement. Should the construction and occupation of this development not be completed within three years from the date of execution of this Agreement then the Owner consents to an application which may be made by the Town to revert to the zoning which was in effect on the date of execution of this Agreement. The Owner further agrees not to object to any rezoning application made in accordance with the provisions of this Agreemcnt. 8.6 No \1aiver The failure of either the Town or the Owncr to insist upon the strict performance of the terms and conditions hereof shall not constitute or be construed as a waiver or relinquishment of cither parties' rights to thereafter enforce the same in accordance with this Agreement in the event of a continuing or subsequent default on the part of either party. . 8.7 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 rcmaining portions of this agreement unless the result would be manifestly inequitable or unconscionablc. 8.8 Assignment This Agreement is not assignable without the written permission of the Town. . . . - . . Page 14 of II! _ 4Þ' .4 -10- B.9 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. 8.10 Complete Agreement This Agreement when executed together with all Schedules attached hereto as provided for by this Agreement shall constitute the entire Agreement between both parties and this Agreement may not be amended, modified or terminated except in writing signed by the parties hereto. ... 8.11 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. 8.12 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. 8.13 Indemnification of Municipality The Owner, on behalf of itself, its successors and assigns in title, shall indemnify the Town against all actions, suits, causes of action, claims and demands whatsoever which may arise either directly or indirectly by reason of the Owner undertaking the co~struction of the multi-level retirment community. IN WITNESS WHEREOF the Corporate Municipality are hereunto affixed signing officers in that behalf. seals of the Owner and the under the hands of their proper SIGNED, SEALED AND DELIVERED in the presence of ~RSA-CARE_'<~~;~"~;':'-:::--""'~ ~ ~;ð~'T - T!~"?~" L~~ED-\ \ ~~ :~ j.;:~ .......~ v ~~·2 ~~~~_:::...______.v ~,,-~ ";,¡¿::~.J'. ....\...:.~ ·ÞÞ,.. ."...... ) ) ) ) ) ) ) ) ) ) J J ) ) ) ) ) ) 'l'IIE CORPORATIQ.N- -O~' THE TOliN OF K lt~tI-~1)l!'lii:>"" ......-.-.., ......:..----_......,,~::'.//- ~/ ::~ :25"/ v_v..'./' ~ ~ - - ~ . . .. . . .~. ~ . Page 15 of 18 . SCHEDULE 'A' Description of Lands to Which This Agreement Applies All and singular that certain parcel or tract of land situate, lying and being in the Town of Kincardine, in the County of Bruce, in the Province of Ontario and being composed of Blocks B, C, G, Plan M-l and part of Blocks F and 11, Plan M-l, now shown as Parts 1 and 4 on Plan 3R-3793. , , . . ~ <" ! !I' .. ... ... SCHEDULE 'ß' Site Plan ..,._--->............ .._-,~,.~ ~i~ ... - ..~ ,.- . . . . :: "~ : ~ : : ; : ~ ¡: :.... · :. ~ : .. ;:":..:.. .... n:::; :. ,t.. .. CI ::::;:~:: · Of :.. : ,;. .. .. · .. - .. .. .. .. .. .. .. .. .... - . .......... ..... CoI . ¡ i ~ z w l g w ~ c .-A w ~ '5 ~ o ~ .. . .. . .. . .. . ~ . . ª: : .. .. . ~ ¡i I ~ : ; : : : ~ IIII P" . i I' .' .' : :: ULHE oJ ". '" '_ ·11111;,j: : ':: : : : ~; i . .. : ~ '":: i I! ~ I .. ". .. 1: i ';!'·lIì D : ~ : _I ;'-1:: i IIJlII . .. ;I:¡:¡:-; I! .¡,.I " : . ° 1!1!¡!1!Iiß .-A ... .. \ -- \ . · ~ . · ... - . a; . õ '" '" ...."..,..,.. ¡¡iT1ITT/TiTI1 I ".... i ¡ . I I II ~ ! : . Iii l:! L,ULL:L:i 1 ,', j ; ! t~~.. '" \ '. . .'. ., " ... .... - '-...-:-'--~ on, . ·0 ~.o !_~__n., L.: ~.. . ~~'!:=. ! ¡. ,I " '.. .' .. ...-.....-.... '. i l .~ ¡.. 0" ..j 1.. .....i.. '" ~::: . i.... I..·-T~~.. . .., ....j...... u, t ~+ .. "f' ~- ... ¡...... , (..:. (.. i Page 16 of lB :,,1= .- -- - !::!: :(1 1:\ i I ' . :1 ~ 'I i.J~ 't U ~ I f: ~~ I ~ _. 'II: Iii ~2 . If '4-'\ ILUDU I~~ J I~ ~) Ii !t 'ft to- ow '. ow II: .... . e.,..p " ~;:; = ~~~_.!I en CD z ....: :' ,I ¡, ! ; : .. L ~:: , ' : õ" . ... :.: I, ! ). ., I , ...... ....., .:-} ) .. , ·1 ·..i ..-: . ~. -¡ I :. ... i . ~ .':.~:.i ~ ......1 .....t' I . ....~ . . .. ~, . ' .... ........ -<- ~ ... ~t -. .1. . . . SCHEDULE 'c' Engineering Design Criteria and Specifications STORM WATER RUN-OFF Page 17 of 18 Storm water run off shall be controlled by By-Law No. 4757 of The Corporation of the Town of Kincardine. , '> ~, 1 -. , DYE & DURHAM CO. LIMITED Form No. 990 ~ Province of "",~o Onta,io . Schedule s . Fonn 5 - Land Registration Reform Act, 1994 Additional Propetly ldentffier(s) and/or Other InlCll1lllltlon Page 18 of 18 DESCRIPTION - Firstly: Parcel B-3, Section M-l, being Blocks B, C and G, Plan M-l, Town of Kincardine, County of Bruce. ercel County Parcel County . w> g..J ...Z "'0 Ow "'en 0::> ~'" 10178 (12/84) ~ Secondly: B-4, section M-l, Part of Block F, Plan M~l, Town of Kincardine, of Bruce, designated as Part 1 on Reference Plan 3R-3793, and B-4, section M-l, Part of Block H, Plan M-l, Town of Kincardine, of Bruce, designated as Part 4 on Reference Plan 3R-3793.