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1
Municipality of North CowichanRegular Council
Agenda
Date: Tuesday, November 13, 2012
Time: 6:00 p.m.
Location: Municipal Hall - Council Chambers
Pages
1. Call to Order
2. Approval of Agenda
3. Public Input (on agenda items only)
4. Committee of the Whole
4.1 Delegation - Volunteer Cowichan 2 - 4
To establish a Non-Profit Working Group.
4.2 Delegation - Chemainus Theatre Festival Society 5 - 6
Presentation outlining the history and current financial position of the ChemainusTheatre Festival Society.
4.3 Review of Draft 2013 Capital Budget 7 - 29
4.4 Invasive Species Removal Volunteer Brigade
4.5 Encroachment Agreement - 6701 Beaumont Avenue 30 - 35
Recommendation:that Council approve, and authorize the Mayor and Corporate Officer to sign, anEncroachment Agreement with the new owner of 6701 Beaumont Avenue; subject toconfirmation that North Cowichan is an additional insured on the owner's public liabilityinsurance.
5. Rise and Report
6. Question Period
7. Adjournment
Municipality of
North Cowichan7030 Trans Canada Highway, Box 278
Duncan, BC V9L 3X4
Telephone: [25O| 746-3100
Fax:(250)746-3133
www.northcowichan.ca
Delegation Application
naif
/* (address)
request to appear as a delegation before:
Council
Agricultural Advisory Committee
Chemainus Advisory Committee
Climate Change Advisory Committee
Community Planning Committee
D
D
□
D
Q Forestry Advisory Committee
P Parks and Recreation Committee
a Protective Services Committee
a
Please provide a briet overview of your presentation, below, and attach a one-page (maximum) outline of your
presentation. Please be specific.
Will you be requesting a grant or financial assistance? □ Yes
Do you require audio visual equipment? _ ii^Yes (please specify requirements belov/J
Audio visjJaKeGfOjpment/equired:
6-f^Jo
□ No
.
(telephone) (e-mail)
Council and Committees welcome public comments, but as a courtesy to Council and Committees who deal withlengthy agendas, we request that you present your Information clearly and concisely in ten minutes or less. If you
have a large amount of printed material or information to convey, please submit It at least one week before themeeting and it will be circulated to Council and/or Committee members for their review in preparation for the meeting.
If the delegation consists of more than one person, please appoint one person to speak on behalf of your group!
For internal use only
Request approved -.20,(date]
Committee Chair or Secretary
Copy: □ Chief Administralive Olficer
□ Director of Engineering & Operations
□ Director of Finance
Date of meeting
□ Director of Planning & Development
D Director o( Parks & Recreation
□
2
Volunteer Cowichan1 Kenneth Place
Duncan *BC -V9L5G3
250.748.2133
www.volunteercowichan.bc.ca
31 October 2012
Municipality ofNorth Cowichan
7030 Trans Canada Highway. Box 278
Duncan. BC
V9L3X4
RECEIVED
NOV 0 2 2012
. ■ . ..■.""! Ol
Ni "■■"■ h CC V1CHAN
Re.: Delegation Application
Dear Madame, Sir,
Please find attached an application to appear as a delegation before Council. Volunteer Cowiehan is both
a volunteer centre, connecting volunteers with volunteer opportunities, and a communiiy development
organization. In that role we have led a number of collaborative efforts to respond to community issues,
e.g. we led a community dialogue that resulted in a Charter for Children's Rights, and participated in
collaborations, e.g. we are part of the planning committee for Board Meets Board, an initiative that brings
board members of social service organizaiions together to explore common goals.
Board Meets Board is planning a conference that will feature Gordon Hogg, Parliamentary Secretary for
Not for Profit - Public Partnerships, as a guest speaker for November 20. 2012. In this context we fell ii
was an opportune time to present to the Council ofNorth Cowichan with a request to provide the
leadership for a local Not for Profit - Public Partnership effort.
Thank you for your consideration.
B
President:
Ann Anderson
Executive Direelor:
Gcorg Straiemeycr
Our Vision Our Mission Statement
fhe diverse communities living in the Volunteer Cowichan raises awareness of power of
Couichan Region connect and cooperate to service and encourages people lo volunteer. Volunteer
Cowichan assists initiatives, projects and organizations to
meet communitj needs and interests.
create valuable social capital lor future
iienorations
Volunteer Cowichan acknowledges the financial assistance of Status of Women Canada, the Province ofUriiish Columbia and the
Cowichan Valley Regional District
Volunteer Cowichan is a communiiy service funded by Couiehan United Way.
3
VOLUNTEER COWICHAN
Delegation Application, Municipality of North Cowichan
Summary
We are calling on North Cowichan to establish a Non-Profit Working Group tasked to encourage
dialogue, invest strategically, and develop collaborations with community agencies.
Outline
Non-profit organizations are an essential part of community life. Residents organize themselves
in initiatives, agencies and groups as volunteers to improve in some way how community
functions. In this way the sector not only engages half of the Canadian population in community
life, it is also a significant economic force (112b$ or 8% annually of GDP and lm employees
compared to the Energy Sector with 200,000 employees).
Governments at all levels increasingly rely on the non-profit and for-profit sector to deliver
services either directly by funding organizations to deliver services, or indirectly by stepping
away from any regulatory or financial involvement. This pressure means that communities need
to be smarter in how they maintain the standard of living and the quality of live experience of
residents.
The BC Government has kicked off a campaign to encourage social innovation in support of a
resilient British Columbia. Lead by Gordon Hogg, Parliamentary Secretary, the campaign
encourages new ways of the thinking about the delivery of programs and services. One key
finding is the need to develop smart collaborations across sectors.
We are asking North Cowichan to take the leadership role for a local government/non-profit
collaborative effort by creating a Non-Profit Working Group. In our vision the group will
encourage dialogue between the different players, invest strategically in social innovation, and
develop collaboration with community agencies.
The OCP, Sec. 2.5.4.1. a} speaks to the commitment by North Cowichan to cooperate and
collaborate with agencies providing community services and to establish a community or social
development function. We see the Working Group as a way to act on this aspect of the
community plan.
l4
Municipality of
North Cowichan R E C E!' ; E 3
NOV 0 2 2012
DlSlkiU OfNORTH O 'VVtCHAj
7030 Trans Canada Highway, Box 278
Duncan, BC V9L3X4
Telephone: {250) 746-3100
Fax: (250) 746-3133
www.norlhcowichan.ca
Delegation Application
I/We,
(name[s])
(address)
request to appear as a delegation before:
P" Council
□ Agricultural Advisory Committee
□ Chemainus Advisory Committee
□ Climate Change Advisory Committee
□ Community Pianning Committee
Please provide a brief overview of your presentation, below, and attach a one-paoe fmaximum) outline of your
presentation. Please be specific.
□ Forestry Advisory Committee
o Parks and Recreation Committee
□ Protective Services Committee
a
7T/) 6ul CD
fari *jfa
Z it./1 Ml*
Will you be requesting a grant or financial assistance? efYes
Do you require audio visual equipment? □ Yes (please specify requirements below)
□ No
□ No
Audioyjsyal equipment requjred; ^ rW
(signature) /
ZOJZ-(date)
v
(telephone) (e-mail)
Council and Committees welcome public comments, but as a courtesy to Council and Committees who deal with
lengthy agendas, we request that you present your information clearly and concisely in ten minutes or less. If you
have a large amount of printed material or information to convey, please submit it at least one week before the
meeting and it will be circulated to Council and/or Committee members for their review in preparation for the meeting.
If the delegation consists of more than one person, please appoint one person to speak on behalf of your group!
For internal use only
Request approved
(date)
Committee Chair or Secretary
Copy: □ Chief Administrative Officer
□ Director of Engineering & Operations
□ Director of Finance
_. 20_
Date of meeting
□ Director of Planning & Development
□ Director of Parks & Recreation
□
5
November 2, 2012
Proposed Presentation to Mayor and Council: Municipality of North Cowichan
Chemainus Theatre Festival Society
Opportunity Awaits
By
Mark DuMez, Artistic Director
Randy Huber, Managing Director
Presentation Outline:
• Brief history of the Chemainus Theatre Festival Society
• Cultural benefits and economic impact of the Chemainus Theatre
• Current position of the Theatre: Challenges and opportunities
• Comparable levels of municipal support for theatre in Canada
• Current need for support of infrastructure and capital reserves to aid sustainability
• Exploring a partnership with North Cowichan
6
I
Municipality of North Cowichan
2013-2017 Capital Budget Review
November 13th , 2013
7
5 Year Tax Increases
Gross tax increase
Less: Growth
Net Tax Increase
Less: Capital
increase/(decrease)
Net Operating Tax
Increase
Increase per Average
Home
Increase per $100,000
assessment
5.01%
1.25%
3.76%
.07%
3.69%
48
14
5.23%
1.25%
3.98%
1.64%
2.34%
54
16
5.37%
1.50%
3.87%
1.80%
2.07%
55
16
5.13%
1.75%
3.38%
.85%
2.53%
50
15
4.84%
1.75%
3.09%
1.08%
2.01 %
48
14
8
Capital Fund
Revenue Sources
Property Taxes (Target $3.5 million - recommended 15% of
Property Taxes)
2013 Proposed Budget - $2,872,120 (12.16%)
2012 Budget - $2,856,730 (12.7%)
9
Sources of Financing
Capital projects are financed through a variety of sources
including:
General Revenue
Gas Tax Revenue
Appropriated Surplus
Reserve Funds
Development Cost Charges
Government Grants
Other Contributions
Debt
Only general revenue is funded directly from property
taxes
10
2013-2017 Capital Budget Overview
General Government
Land Acquisition & Develop.
Municipal Property
Improvements
Information Services
Community Development
Protective Services: Police
Protective Services: Fire
Forestry
Transportation
Parks & Culture
Total
25,000
1,227,500
2,200,000
195,000
3,615,000
550,000
492,888
-
9,966,250
205,420
18,477,058
1
1
3
8
10,000
,704,227
200,000
209,790
,820,000
40,000
-
,544,300
589,380
,1 17,697
10,000
1,600,000
200,000
229,790
950,000
4,000,000
517,805
36,000
4,731,410
524,670
12.799,675
10,000
537,168
200,000
234t790
1,750,000
4,000,000
390,000
36,000
4,790,030
510,660
12,458.648
10,000
400,000
200,000
239,790
1,550,000
-
40,000
-
4,955,050
710,960
8,105,800
11
2013-2017 Capital Budget Overview
General Revenue 2,872,120 3,260,470 3,708,370 3,929,980 4,226,980
Gas Tax Revenues 791,000 791,000 791,000 791,000 791,000
Appropriated Surplus 875,000
Reserve Funds 4,215,788 3,433,227 3,120.305 2,422,668 1,897,820
Development Cost Charges
Government Grants
Other Contributions
Debenture Debt
Total Sources of Financing 18,477,058 8,1 17,697 12,799,675 12,458,648 8J 05,800
6.
2,
170,000
610,000
150,000
793,150
373,000
200,000
60,000
200,000
600,000
80,000
4,300.000
210,000
725,000
80,000
4,300,000
210,000
600,000
80,000
300,000
12
2013-2017 General Government
Office Furniture & Equipment 25,000 10,000 10,000 10,000 10,000
Office Vehicles
Total General Government 25,000 10,000 10,000 10,000 10,000
Sources of Financing
General Revenue
Office Vehicle Reserve
25,000 10,000 10,000 10,000 10,000
Total Sources of Financing 25,000 10,000 10,000 10,000 10,000
13
2013-2017 Land Acquisition & Development
Total Land Acquisition &
Development 1,227,500 1,704,227 1,600,000 537,168 400,000
Source of Funds
Sale of Land Reserve 1,227,500 1,704,230 1,600,000 537,168 400,000
3
14
2013-2017 Municipal Property Improvements
Municipal Hall
RCMP Building (South End)
Public Works Building
South End Fire Hall
Building Maintenance
Total Municipal Property
Improvements
Sources of Financing
General Revenue
Debenture Debt
Reserve Funds
Total Sources of Financing
2,000,000
15,000
15,000
30,000
140,000 200,000
2,200,000 200,000
200,000 200,000
1,500,000
500,000
2,200,000 200,000
200,000
200,000
200,000
200,000
200,000
200,000
200.000
200,000
200,000
200,000
200,000
200,000
15
2013-2017 Information Services
PC Evergreen
Software Upgrade
Server Upgrade
Connectivity - Offices
Sharepoint/Document Mgmt
Other
Total Information Services
45,000
60,000
50,000
10,000
30,000
195,000
54,790
40,000
50,000
15,000
50,000
209,790
54,790
40,000
50,000
20,000
65,000
229,790
54,790
40,000
50,000
25,000
65,000
234,790
54T790
40,000
50,000
30,000
65,000
239,790
Sources
General
of Financing
Revenue 195,000 209,790 229,790 [ 234,790 239,790
16
2013-2017 Community Development
Visitor Info Centre - BCFDC
Somenos Marsh Rainwtr\Swr
Chemainus Festival Square
Chemainus Skate Park
Chemainus Community Ctr
Chemainus Dog Park
Chemainus Seawalk
Visitor Info Centre
Demolish Old Chem Fire Hall
Crofton Skate Park
Crofton Waterfront
Sherman Rd All Weather Field
1,850,000
150,000
350,000
25,000
90,000
1,150.000
600,000
300,000
150,000
270,000
250.000
500,000
250,000 250,000
200,000
400,000
I!
17
2013-2017 Community Development Cont.
Maple Bay Wharf Upgrade
Climate Action Plan Projects 200T000
Revitalization
Multi-Use Trails/Stewardship 50,000
Total Community
Development 3,615,000 1,820,000
200,
400t
ISO,
950,
000
000
000
000
300,000
200,000
400,000
200,000
1,750,000
200
400
200
1,550
,000
,000
,000
,000
18
2013-2017 Community Development Financin
Sources of Financing
General Revenue
Grants
Parks DCCs
Sale of Land Reserve
Appropriated Surplus
Total Sources of Financing
125,000 250,000
2,1 10,000 200,000
1,055,000 1,370,000
325,000
3.615,000 1,820,000
505,000
20,000
425,000
950,000
495.000
125,000
30,000
1,100,000
1,750,000
520,000
30,000
1,200,000
1,550,000
13
19
2013 Community Development
Visitor Info Centre
Somenos Marsh
Rainwater/Sewer
Chemainus Skate
Park
Chemainus
Community Centre
Chemainus Dog
Park
Sherman Rd All
Weather Field
Total Financing
25,000
100,000
125,000
325,000
325,000
293,000
150.000
250,000
693,000
115,000 1,1 17,000 1,850,000
150,000
350,000 350,000
25,000
90,000 90,000
500,000 300,000 1,150,000
1,055,000 1,417,000 3,615,000
14
20
2013-2017 Police & Other
RCMP Building (Duncan)
Total Police & Other
550,000
550,000
4,000,000
4,000,000
4,000,000
4,000,000
Sources of Financing
Debenture Debt
Appropriated Surplus 550,000
4,000,000 4,000,000
IS
21
2013-2017 Fire Protection■i
2017
Bud
Chemainus Fire Fighting Equip 8,000
Crofton Fire Fighting Equip
Maple Bay Fire Fighting Equip 15,000
South End Fire Fighting Equip I 1,500
Crofton Pumper 458,388
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
Maple Bay Pumper/Mini
Total Fire Protection
Sources of Financing
Fire Equipment Reserve
Fire Truck Reserve
Total Sources of Financing
492,888
34,500
458,388
492,888
40,000
40,000
40,000
477,805
517,805
40,000
477,805
517,805
350,000
390,000
40,000
350,000
390,000
40,000
40,000
40,000
16
22
2013-2017 Forestiy
Forestry Vehicles
Total Forestry
Sources of Financing
Forestry Vehicle Replacement - M
36,000
36,000
36,000
36,000
36,000
36,000
23
2013-2017 Transportation
Engineering Office Equipment
Mach & Equip P/W
Mach & Equip Garbage
Roof Repairs/Renovation
Road Capital
Stoney Hill ROW and LAS
Crosswalk Lighting
Drainage Capital
Flood Control
Chemainus River Bridge
Total Transportation
16,700
46,000
2,830,000
964,400
30,000
286,000
1,293,150
4,500,000
9,966,250
16,700
319,000
2,888,000
30,600
290,000
3,544,300
16,700
281,500
260,000
2,945,000
31,210
297,000
900,000
4731,410
■If 6,700
359,500
175,000
3,004,000
31,830
303,000
900,000
4,790,030
2017
Budget
16,700
457,820
175,000
3,064,000
32,470
309,060
900,000
4,955,050
24
2013-2017 Transportation Financing
Sources of Financing
General Revenue
Fuel Tax Revenue
Reserve — Equip Replace
Reserve - Garbage Trucks
DCC - Roads
DCC - Drainage
Other Contributions
Sale of Property Reserve
Debenture Debt
Grants
Total Sources of Financing
2013
Budget
2,121,700
791,000
46,000
170,000
150,000
894,400
1,293,150
4,500,000
9t966t250
2014
Budget
2,000,300
791,000
319,000
173,000
200,000
60,000
3,544,300
2015
Budget
2,238,910
791,000
281,500
260,000
180,000
80,000
300,000
600,000
4,731,410
2016
Budget
2t479,530
791,000
359,500
180,000
80,000
300,000
600,000
4,790,030
2017
Budget
2,546,230
791,000
457,820
180,000
80,000
300,000
600,000
4,955,050
25
2013 Transportation
Engineering Office Equip
Mach & Equip P/W
Roads Capital
StoneyHill LAS & ROW
Drainage Capital
Flood Control
16,700
1,819,000 791,000
286,000
46,000
894,400
170,000 80,000
70,000
Chemainus River Bridge
Total Financing 2,121,700 791,000
1,293,150
4,500,000
940,400 170,000 4,500,000 150,000 1,293,150
20
26
2013-2017 Recreation & Culture
Parks Capital
Fuller Lake Arena
Cowichan Aquatic
Cemetery
Total Recreation &
Centre
Culture
143,420
20,000
30,000
12,000
205,420
210,000
180,000
160,000
39,380
589,380
250,000
180,000
55,000
39,670
524,670
300,700
180,000
15,000
14,960
510,660
300,700
180,000
215,000
15,260
710,960
Sources of Financing
General Revenue
Total Financing
205,420
205,420
589,380
589,380
524,670
524,670
510,660
510,660
710,960
710,960
27
5 Year Tax Increases
Gross tax increase
Less: Growth
Net Tax Increase
Less: Capital
increase/(decrease)
Net Operating Tax
Increase
Increase per Average
Home
Increase per $100,000
assessment
5.01%
1.25%
3.76%
.07%
5.23%
1.25%
3.98%
1.64%
5.37%
1.50%
3.87%
1.80%
5.13%
1.75%
3.38%
.85%
4.84%
1.75%
3.09%
1.08%
3.69%
48
14
2.34%
54
16
2.07%
16
2.53 %
50
15
2.01%
48
14
22
28
Next Steps (Proposed)
Nov. 27, 2012 Review Draft 201 3 - 2017 Financial Plan - COW 6:00 pm
Dec. I 1, 2012 Proposed utility rates and capital expenditure plans for 2013-2017 - COW
6:00 pm
Dec. I 1, 2012 Review Draft 2013 - 2017 Financial Plan (Tentative) - COW 6:00 pm
Dec 19,2012 Utility Rates Bylaw (2013) introduced for first three readings
Feb. I2, 2013 Finalize Financial Plan for open house - COW 6:00 pm
Feb. 20+ 2013 2013-2017 Financial Plan open house - before Council Meeting
Apr. 3,2013 Financial Plan bylaw introduced for first three readings
Apr. 9,201 3 Workshop on distribution of tax rates - COW 6:00 pm
Apr. 17, 201 3 First three readings of 201 3 Tax Rates bylaw, adopt Financial Plan.
May 1,2013 Adopt Tax Rates Bylaw
23
29
ReportMUNrcrPALrrY " North
COWICHANDate November 9,2012
ro Council
File: 8920-80 STO
From Mark Ruttan, Director of Administration and Deputy CAO Endorsed by
subject Encroachment Agreement - 6701 Beaumont Avenue
Purpose
The purpose of this report is to recommend that Council approve an Encroachment Agreement for thenew owner of 6701 Beaumont Avenue, in Maple Bay.
Background
The property at 6701 Beaumont Avenue is a 38-seat restaurant, previously called Grapevine on theBay, and was purchased in February by a new owner. On September 7,2012, North Cowichanreceived a request from the new owner that Council approve a similar Encroachment Agreement whichthe previous owner had approved by Council on July 14,2005.
Analysis
Comments from Municipal staff in the Planning and Engineering Departments were received regardingthe agreement previously approved by Council. Statf confirmed that no changes have been made tothe encroachment areas. One change was recommended and has been made to the agreement,which is to require a lockable enclosure around the garbage dumpsters to deter public use.
lmplications
There are no financial, personnel, environmental or social implications to Council approving thisagreement for the new owner.
Recommendation
that Council approve, and authorize the Mayor and Corporation Officer to sign, an EncroachmentAgreement with the new owner of 6701 Beaumont Avenue; subject to confirmation that North Cowichanis an additional insured on the owner's public liability insurance.
mornov09.2012rao Beaumont Encroachment.doc
7030 Trans Canada Highway, Box278, Duncan, BC VgL 3X4Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca
30
1
7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca
MUNICIPALITY of North
COWICHAN
Encroachment Agreement This Agreement made this ____________ day of ____________________, 2012. BETWEEN: Ms. Trien Cao
62 Kenneth Street DUNCAN, BC V9L 1N2
(hereinafter called "the Owner")
OF THE FIRST PART: AND: District of North Cowichan
7030 Trans-Canada Highway, Box 278 DUNCAN, BC V9L 3X4
(hereinafter called "the Municipality") OF THE SECOND PART:
WHEREAS the Owner has requested the Municipality grant permission to construct, use or continue to use the existence of an encroachment appurtenant to the areas shown in Schedule "A" attached herewith, to permit certain improvements, specifically a sewage holding apparatus, retaining walls, an uncovered sundeck, and 2 garbage bins to remain within a road right-of-way, specifically a portion of Beaumont Avenue and a portion of AD@ Street (known as the Maple Bay Wharf parking lot), which request the Municipality has agreed to grant, by Council resolution on _____, 2012, subject to the provisions of all Municipal bylaws, and the terms and conditions herein set forth: NOW THEREFORE THIS AGREEMENT WITNESSETH THAT THE PARTIES AGREE AS FOLLOWS: 1. That, in consideration of the premises and covenants contained herein to be performed and
observed by the Owner, the Municipality doth (so far as it legally can, but not otherwise, and subject to the bylaws aforesaid), grant the Owner permission to construct and maintain an encroachment to utilize only the areas outlined shown in bold on Schedule "A" attached hereto, of a portion of Beaumont Avenue and a portion of AD@ Street (known as the Maple Bay Wharf parking lot), for the sole purposes of permitting a sewage holding apparatus, retaining walls, an uncovered sundeck, and 2 garbage bins to remain within the road right-of-way.
2. It is hereby understood, covenanted and agreed by and between the parties hereto that no
provision of these presents and no act or omission or finding of negligence, whether joint or several, as against the Municipality, in favour of any third party, shall operate to relieve, or be deemed to relieve, the Owner in any manner whatsoever from any liability to the Municipality in the premises, or under these presents, or under the provisions of the Local Government Act, and amendments thereto.
3. The Owner covenants and agrees:
(a) to pay the Municipality the TWO HUNDRED DOLLAR ($200) fee upon signing this agreement, as prescribed in the Fees Bylaw Section 1, Item 24;
(b) to save harmless the Municipality from any and all liability whatsoever arising out of
31
2
7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca
the Owner's encroachment upon, under or over the highways of the Municipality and the Owner's construction of anything upon, under or over the highways or the Owner's maintenance of anything upon, under or over the highways or the Owner's occupation or use of the highways or the ground below or the air above for the purpose of such encroachment. And the Owner doth hereby charge his interest in the lands hereinbefore described in favour of the Municipality for the payment of all sums which may at any time hereafter be payable by the Municipality in respect of any claims, loss, damage or expense of whatsoever kind arising from the construction, maintenance or existence of the said work or from the permission hereby granted, and to answer any indemnity or payment provided in the said by-laws referred to herein, or under the terms of this agreement;
(c) to deposit with the Municipality a policy of public liability insurance in the amount of
two million dollars ($2,000,000.00), naming the Municipality as an additional named insured, in a form and amount acceptable to the Municipality insuring both the Owner and the Municipality against any loss resulting from the occurrences mentioned in (b) above. Cancellation of such insurance will serve to immediately cancel this agreement and any right the Owner derives hereunder. The policy shall provide the Municipality with 30 days written notice prior to any cancellation;
(d) to keep the 2 garbage containers (located at the Maple Bay Wharf parking lot), behind
a lockable enclosure to prevent public use, dumped twice weekly during the months of July and August, and treated to control odour;
(e) to observe and perform the provisions of the bylaws of the Municipality at all times.
This agreement shall be at all times subject thereto and if the Owner fails to comply with the Municipality's bylaws, following reasonable notice in writing to do so, all rights of the Owner hereunder may be terminated and the Municipality shall be entitled to proceed with the enforcement of any security or indemnity herein provided, or upon any bond or otherwise in satisfaction of any claim, loss or expenses of whatsoever kind arising under this agreement, or from the permission hereby granted; and
(f) to allow the Director of Engineering and Operations or the Bylaw Enforcement Officer
to inspect the sewage holding tank and to enforce the provisions of ASewage Holding Tank Bylaw, 2005", No. 3228.
4. It is hereby understood and agreed between the parties hereto that this agreement shall not
in any way operate to restrict the right of the Municipality at any time to:
(a) alter the road, sidewalk or boulevard, whether by widening the roadway, sidewalk or boulevard, or by raising or lowering the elevation of the roadway, sidewalk or boulevard abutting or adjoining the lands hereinbefore described, and notwithstanding that the effect of such alteration in width and/or elevation may be to render the said works useless for the purposes of the Owner;
(b) construct or permit the construction of any form of structure or utility on, over or under
any portion of the highway and for such purpose require that the works be removed in part or in whole; and the Owner covenants that, in the event of the Municipality effecting any such alteration as aforesaid in the width and/or elevation of the said roadway, sidewalk and/or boulevard, or in requiring removal of all or part of the works, the Owner will release and forever discharge, and doth hereby release and forever discharge, the Municipality from all manner of claims of any nature whatsoever, which may arise by reason of such alteration in width and/or elevation as aforesaid, or by
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7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca
reason of the discontinuance and removal of the subject of this agreement, as a result of such alteration in width and/or elevation or construction.
5. In particular, but without restricting the generality of the foregoing, it is understood and agreed
that: (a) this agreement may be revoked at any time by the Municipality.
(b) the Owner will at all times, and at his own expense, keep and maintain the said works in good and sufficient repair and cleanliness to the reasonable satisfaction of the Municipal Engineer.
(c) in the event of the termination of this agreement from any cause whatsoever, the
Owner will, at his own expense, and within a period of one month from the date of such termination, or such further or shorter period as may be specified by the Municipal Council, remove any structure or works and fill up any excavation made, constructed or maintained, with respect to such encroachment, and replace and put the sidewalk, street, lane, or other public place, in, under or over such area in the same condition as the adjoining sidewalk, street, lane or other public place to the satisfaction of the Municipal Engineer; and,
(d) upon the event of the Owner failing to keep any encroachment or covering thereof in
good and sufficient repair, to the reasonable satisfaction of the Municipal Engineer, or failing to remove any structure or works or to fill up any excavation, the Municipality shall make such repairs, including structural changes, when it deems necessary, or remove such structures or works, or fill up such excavation, as the case may require, in the opinion of the Municipal Engineer, and the Owner shall pay the costs of such work to the Municipality forthwith; and in default of payment thereof, the amount of such cost and interest at six percent (6%) per annum may be recovered in any Court of competent jurisdiction, or the same may be recovered in like manner as overdue taxes against the lands to which such area is appurtenant.
6. Time shall be of the essence. 7. This agreement is non-assignable and non-transferable. 8. Words herein importing the singular number or the masculine gender only, shall include more
persons, parties or things of the same kind than one, and females as well as males, and the converse, and, unless the context requires a different meaning, words herein shall bear the same meaning as in the Municipal bylaws aforesaid.
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7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca
IN WITNESS WHEREOF the Owner and the Municipality have hereunto set their hands and seals the day and year first above written.
The Corporate Seal of the Corporation of the District of North Cowichan was hereunto affixed in the presence of:
Ms. Trien Cao
Signature of Witness
J. W. Lefebure, Mayor
Printed Name of Witness
M. O. Ruttan, Corporate Officer
Address of Witness
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