HomeMy WebLinkAbout13 075 Stonehaven Subdivision Amendment (Subdivision Agreement with Castle Bridge Developments Inc. Parts 1 to 17 Plan 3R-2254 & Plan 3M-98 By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
No. 2013 - 075
BEING A BY -LAW TO AMEND BY -LAW NO. 2006 -134; BEING A BY -LAW TO
AUTHORIZE THE EXECUTION OF A SUBDIVISION AGREEMENT WITH
CASTLE BRIDGE DEVELOPMENTS INC. CONCERNING PARTS 1 TO 17,
PLAN 3R -2254 AND PLAN 3M -98, MUNICIPALITY OF KINCARDINE
(Stonehaven Subdivision)
• WHEREAS Section 51 (26) of the Planning Act 1990, Chapter 13 authorizes
municipalities to enter into Subdivision Agreements as a condition to the approval
of a plan of subdivision;
AND WHEREAS Sections 8 and 9 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides municipalities with the powers and privileges of a natural
person for the purpose of exercising its authority under this or any other Act and
to enable municipalities to govern affairs as they consider appropriate;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine,
with the passage of By -Law No. 2006 -134, entered into a development
agreement with Castle Bridge Developments dated the 25 day of July, 2006 for
the servicing of the development known as Stonehaven Subdivision Agreement
with Castle Bridge Developments Inc.;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it necessary to amend the said Subdivision Agreement;
NOW THEREFORE the Council of The Corporation of the Municipality of
• Kincardine ENACTS as follows:
1. That Schedule "A" of By -law No. 2006 -134 be hereby amended
I. With the addition of the following to Section 9.2:
(g) The amount for securities shall be submitted by the Engineer for the
Developer to the Municipal Engineer for review. The agreed upon security
amount shall be inserted in Schedule "E" to this Agreement.
The Municipality reserves the right to review the quantity of securities on
the value of work remaining for the current or any subsequent phases and
require an adjustment in securities based upon charges in site condition or
expected construction costs.
II. With the addition of the Schedule for Phase II added to Schedule "E"
110 III. That Schedule "M" section 4 be repealed and the following be
added:
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Page 2
By -law No. 2013 - 075
Stonehaven Subdivision Amendment By -law
4) The developer will design, construct and install an extension of Park
• Street from Weick Boulevard approximately 38 m. northerly to a termination
with a cul -de -sac. The Developer will design, construct and install a
watermain, walking trail, and pedestrian bridge in the area of Park St.
between Wieck Boulevard and Kincardine Ave. to standards satisfactory to
the Municipality. The Municipality agrees to negotiate and provide funding
for any purchase of road widening from adjacent property owners if
required. These works are to be completed as part of Phase 2 of the
development and prior to the commencement of Phase 3.
4. That the Mayor and Chief Administrative Officer are hereby authorized to
sign, on behalf of the Municipality of Kincardine, the Amending Agreement
attached to this By -law as Schedule "A ".
5. This By -law takes effect from the date of passage by Council.
6. This by -law may be cited as the "Stonehaven Subdivision Amendment By-
law".
• READ a FIRST and SE OND TIME this 12 day of June, 2013.
t ayor Clerk
READ a THIRD TIME and FINALLY PASSED 12 day of June, 2013.
`mac -
Mayor Clerk U
Schedule "E" of Agreement
Amended June 6, 2013
Note: It is understood and agreed that this Schedule forms part of the Muncipality's
amended Agreement
Estimated cost of construction for secutiy for Phase 2:
A. Servicing of Phase 2 of Subdivision:
1.0 Sanitary Sewers and Appurtenances 342,700.00
2.0 Watermains and Appurtenances 125,400.00
3.0 Storm Works 325,300.00
4.0 Road Works 406,300.00
5.0 Electrical 81,600.00
6.0 Bruce Ave. Watermain 97,800.00
Subtotal: 1,379,100.00
Less: Municipal Share of Bruce Ave. Watermain 42,700.00
Subtotal: 1,336,400.00
7.0 Engineering 64,500.00
Subtotal: 1,400,900.00
HST (rounded) 182,100.00
Total: 1,583,000.00
B. Park Street Extension, Trail and Pedestrian Bridge:
1.0 Watermains and Appurtenances 21,600.00
2.0 Road Works 36,500.00
3.0 Trail and Pedestrian Bridge 170,700.00
4.0 Electrical 5,000.00
Subtotal: 233,800.00
Engineering 12,200.00
Subtotal: 246,000.00
HST (rounded) 32,000.00
Total: 278,000.00
C: Total Security Required: $ 1,861,000.00
B. M. Ross and Associates Limited 05196
This is Schedule " ,A " to By -Law
No. 2-015-01S passed the 12441 day
of dune 20 1
THIS AGREEMENT made as of the 11 day of June, 2013:
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(hereinafter called the "Municipality ")
OF THE FIRST PART
AND
CASTLE BRIDGE DEVELOPMENTS LIMITED
(hereinafter called the "Developer ")
OF THE SECOND PART
WHEREAS the Council of The Corporation of the Municipality of Kincardine, with the
passage of By -Law No. 2006 -134, entered into a development agreement with Castle
Bridge Developments dated the 25 day of July, 2006 for the servicing of the
development known as Stonehaven Subdivision Agreement with Castle Bridge
Developments Inc.;
AND WHEREAS the Municipality and the Developer wish to amend that agreement, the
parties hereby covenant, promise and agree with each other the following;
NOW THEREFORE THIS AGREEMENT WITNESSES THAT:
1. That Schedule "A" of By -law No. 2006 -134 be hereby amended
I. With the addition of the following to Section 9.2:
(g) The amount for securities shall be submitted by the Engineer for the
Developer to the Municipal Engineer for review. The agreed upon security
amount shall be inserted in Schedule "E" to this Agreement.
The Municipality reserves the right to review the quantity of securities on the
value of work remaining for the current or any subsequent phases and require an
adjustment in securities based upon charges in site condition or expected
construction costs.
II. With the addition of the Schedule for Phase II added to Schedule "E"
III. That Schedule "M" section 4 be repealed and the following be added:
4) The developer will design, construct and install an extension of Park Street
from Weick Boulevard approximately 38 m. northerly to a termination with a cul-
de -sac. The Developer will design, construct and install a watermain, walking
trail, and pedestrian bridge in the area of Park St. between Wieck Boulevard and
Kincardine Ave. to standards satisfactory to the Municipality. The Municipality
agrees to negotiate and provide funding for any purchase of road widening from
adjacent property owners if required. These works are to be completed as part of
Phase 2 of the development and prior to the commencement of Phase 3.
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R ' ?
IN WITNESS WHEREOF the parties hereto have executed this Agreement forming part
of By -Law No. 2013 - 0 .
The Corporation of the Municipality of
Kincar . e
Mayor - L. 0 Kraemer
CAO - Murray arke
We have the authority to bind the
Ca ii ge Development Inc.
Ad/
Steph = - President
• . se Ad "n Coultrup - Secretary- Treasurer
We ave the authority to bind the
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