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85-51 r BY-LAW NO 85-51 , , "BEING A BY~LAW TO AUTHORIZE THE WARDEN AND CLERK TO SIGN~N AGREEMENT BETWEEN THE COUNTY OF ELGIN AND CEN-TAL INVESTMENTS LIMITED. OWNERS OF PROPERTY IN LOT 11. CONCESSION VII I. TOWNSHIP OF YARMOUTH." WHEREAS the County of Elgin wishes to set out certain responsibilities by agreement with respect to entrances onto County Road #28 and the assumption by the owners of a portion of Lot 11, Concession VIII, Township of Yarmouth, of certain costs of widening the said road and the sale of property to the County to widen same; and WHEREAS both the County and owners have agreed to certain terms and conditions. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. That the Warden and Clerk of the County of Elgin be and are hereby authorized to sign an agreement between Cen-Tal Investments Limited and the County of Elgin setting forth the terms and conditions agreed to for the said property. READ a first time this 16th day of October, 1985. READ a second time this 16th day of October 16th, 1985. READ a third time and finally passed this 16th day of October 1985 .~~-<--<---<--t' .,..ç...--J G. C. Leverton, Clerk. I ,\ A G R E E MEN T BETWEEN: CEN-TAL INVESTMENTS LIMITED, the Owners of part of Lot 11, Concession VIII, Yarmouth (a description of which is annexed as Schedule 'A'). hereinafter known as the OWNERS PARTIES OF THE FIRST PART - and - THE CORPORATION OF THE COUNTY OF ELC¡N' hereinafter known as the COUNTY PARTIES OF THE SECOND PART (A) (i) The Owners agree to sell to the County of Elgin sufficient land along the west ,side of their property to widen County Road #28 to a width of fifty feet (50') on the east side of the centre line of County Road #28 opposite the portion of their property that they have applied to the County of Elgin Land Division Committee under Application E 77/85 to sell to Cardinal Motel Limited, (H) The County agrees to pay for this land at the rate of Two Thousand Dollars ($2,000.00) per acre and pay a fence allowance in lieu of fence erected along the new frontage at the rate of Twelve Dollars ($12.00) per rod measured along the new property line. (Hi) The Owners will at their cost supply a deed to the County of Elgin for the property referred to in (A) (i) and the County of Elgin will register the deed in the County of Elgin Registry Office. (B) (i) The Owners of the property agree that they will be limited to one (1) entrance from County Road #28, the north limit of the entrance to be two hundred and fifty five feet (255' ) from the north property line with the entrance to be twenty-four feet (24') between curbs at the property line [twenty-six feet (26') face to face of curb]. .. (H) The Owners agree to reimburse the County for the installation of Ministry of Transportation and Communications barrier type curb and gutter on County Road #28 as follows Continued . , Cant inue d . . . Location: Along the east side of the new pavement twenty-four feet (24') from the present centre line with a sUitable turning radius at the intersection of County Road #28 and Highway #3 to join with the present Ministry of Transportation and Communications curb and gutter east of County Road #28. Curb to extend from twenty feet (20') south of the south limit of the entrance northerly to Highway #3 I and shall have suitable radius at the entrance and , " extended to the new property line. The location of the curb and gutter to accommodate a pavement width of twenty-four feet (24') from the centerline of the present pavement. (iii) The Owners agree to reimburse the County for the cost of three inches (3") of asphalt paving between the curb and gutter and the edge of the present paving (sawed to provide neat edges free from breakage as required). (iv) The Owners agree to reimburse the County for the cost of paving the entrance to the end of the curb return. (v) The Owners agree to reimburse the County for the cost of placing twenty-four inches (24") of compacted granular material being six inches (6") of crushed gravel and eighteen inches (18") of pit rup gravel under the pavement and the subexcavation of existing or any other unsuitable base material. (vi) The Owners agree to reimburse the County for the cost of placing a granular shoulder eight feet (8') in width to the west of the curb and gutter along the road to a depth of ten inches (10") of granular being six inches (6") of pit run gravel and four inches (4") of crushed gravel. (vii ) The Owners agree to pay the County for the cost of and ."', .- the installation of the culvert at the entrance and for the reshaping of property to the north of the entrance so that water from the property will be directed toward Continued . . . . r-~" 3 (B) (vii) Continued. . . . the highway ditch On Highway #3. The Owners agree that they will reseed or resod the reshaped area so that erosion does not occur. (viii) The Owners agree to pay the cost of the movement of any utilities that they require to be moved so that the entrance can be used by traffic in a safe and convenient method. The new location of any utility to be subject to the approval of the County. (ix) The Owners agree to pay to the County the cost of any movement of the Ministry of Transportation and Communications traffic signals, connecting cable, electrical gear, traffic sensors, etc., required to , accommodate the widened pavement and curb and gutter. (x) The costs of work shall include all engineering, surveying and inspection work necessary for the completion of the work. (xi) Prior to commencing any work, the County will provide notice to the Owners that they propose to begin work. (xii) It is proposed that the work described in this section will be completed prior to Jùly 1986 by the County. It iShowever agreed that in the case of an undue delay caused by failure of the Owners to obtain final Rezoning Approvals from the Township of Yarmouth or the Ontario Municipal Board that the work may be postponed until a mutually agreeable date. (xiii) Aný invoice rendered by the County of Rlgin for work done by the County or by its Agents shall be paid for by the Owners within thirty (30) days. (C) The County agrees that the cost of the work to be undertaken by virtue of this Agreement and to be paid by the Owners shall not exceed the sum of seven thousand dollars ($7,000.00) in total excepting costs of moving a utility or cost of moving, relocating, adding to etc., of the Ministry of Transportation and Communications traffic signal system at the intersection of County Road #28 and Highway #3. (D) The Owners agree and enclose herewith an irrevocable letter of credit from a Canadian Chartered Bank made payable to the County in the amount of FIVE THOUSAND DOLLARS ($5,000.00). (E) The County will at their expense provide a catch basin in the curb and gutter near the end of the present curb (if ne~essary) return at Highway #3 and County Road' #28 and will outlet this basin using steel pipe into the HighwaY #3 ditch near the present property line. (F) This Agreement shall enure to the benefit of and be binding upon their respective executors, administrators, heirs, successors and assigns of the parties hereto. (G) The parties may vary this Agreement at any time and from time to time by agreement in writing signed by all parties. IN WITNESS WHEREOF the officers of the said CEN-TAL INVESTMENTS LIMITED have hereunto set their hands and seals this day of , 1985. SIGNED, SEALED AND DELIVERED ) CEN-TAL INVESTMENTS LIMITED in the presehce of: ) ) ) ) PRESIDENT ) ) ) ) SECRETARY IN WITNESS WHEREOF the Corporation has hereunto affixed their Corporate Seal by the hand of the proper signing officer duly authorized in that behalf this day of , 1985. ) THE CORPORATION OF THE COUNTY ) OF ELGIN ) ) ) ) WARDEN ) ) ) ) CLERK .