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[…] all landscaping including the replacement of damaged or dead plant stock, trimming and litter control, garbage removal and snow removal/sanding of walkways and driveways. 26. The Developer expressly agrees and understands that notwithstanding any provision of the Town’s Building By-Laws or any statutory by-law or regulatory provision to the contrary, the Building Inspector shall not issue a building permit to the Property Owner for work directly connected with the 2017July10MillenniumDriveMeetingFINAL_046 Development Agreement Kennebecasis Self-Storage Ltd. 5 development of the Lands, nor shall the Property Owner be entitled to such a permit unless and until the Development Officer has approved the Site Plan submitted as part of the Development Permit process illustrating the precise size, location and configuration of the proposed building. Indemnification 27. The Developer does hereby indemnify and save harmless the Town from all manner of claims or actions by third parties arising out of the work performed hereunder, and the Developer shall file with the Town prior to the commencement of any work hereunder a certificate of insurance naming the Town as co-insured evidencing a policy of comprehensive general liability coverage on “an occurrence basis” and containing a cross-liability clause which policy has a limit of not less than Two Million Dollars ($2,000,000. 00 ). The aforesaid certificate must provide that the coverage shall stay in force and not be amended, canceled or allowed to lapse within thirty (30) days prior to notice in writing being given to the Town. The aforesaid insurance coverage must remain in full force and effect during the period available to the Developer pursuant to this agreement to complete the work set out as described in this Agreement. Notice 28. Any notice or advice which is to be given under this Agreement shall be deemed to have been satisfactorily given to the Developer if delivered personally or by prepaid mail addressed to KENNEBECASIS SELF- STORAGE LTD. , 88 Hilltop Drive, Hampton, NB, E5N 5P2 and to the TOWN if delivered personally or by prepaid mail addressed to ROTHESAY, 70 Hampton Road, Rothesay, New Brunswick, E2E 5L5. In the event of notice by prepaid mail, the notice will be deemed to have been received four (4) days following its posting. By -laws 29. The Developer agrees to be bound by and to act in accordance with the By- laws of the Town and such other laws and regulations that apply or may apply in future to the site and to activities carried out thereon. Termination 30. The Town reserves the right and the Developer agrees that the Town has the right to terminate this Agreement without compensation to the Developer if the specific proposal has not commenced on or before (INSERT DATE) being a date 5 years (60 months) from the date of Council’s decision to enter into this Agreement. Accordingly the Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Rothesay Zoning By-law. 31. Notwithstanding Part 40, the Parties agree that the development shall be deemed to have commenced if within a period of not less than three (3 ) months prior to (INSERT DATE) the construction of the private street and municipal service infrastructure has begun and that such construction is deemed by the Development Officer in consultation with the Town Engineer as being continued through to completion as continuously and expeditiously as deemed reasonable. 32. The Developer agrees that should the Town terminate this Agreement the Town may call the Letter of Credit described herein and apply the proceeds to the cost of completing the work or portions thereof as outlined in the agreement. If there are amounts remaining after the completion of the work in accordance with this agreement, the remainder of the proceeds shall be returned to the Institution issuing the Letter of Credit. If the proceeds of the Letter of Credit are insufficient to compensate the Town for the costs of completing the work mentioned in this agreement, the Developer shall 2017July10MillenniumDriveMeetingFINAL_047 Development Agreement Kennebecasis Self-Storage Ltd. 6 promptly on receipt of an invoice pay to the Town the full amount owing as required to complete the work. Security & Occupancy 33. The Town and Developer agree that Final Occupancy of the proposed building(s), as required in the Building By-law, shall not occur until all conditions above have been met to the satisfaction of the Development Officer. 34. Notwithstanding, the Town agrees that the Occupancy Permit may be issued provided the Developer supplies a security deposit in the amount of 110 percent of the estimated cost to complete the required storm water management and landscaping. The security deposit shall comply with the following conditions: a. security in the form of a certified cheque or automatically renewing, irrevocable letter of credit issued by a chartered bank dispensed to and in favour of Rothesay; b. the Developer agrees that if the landscaping or storm water works are not completed within a period not exceeding six (6) months from the date of issuance of the Occupancy Permit, the Town may use the security to complete the work as set out in this Agreement; c. the Developer agrees to reimburse the Town for 100% of all costs exceeding the security necessary to complete the work as set out in this Agreement; and d. the Town agrees that the security or unused portion of the security shall be returned to the Developer upon certification that the work has been completed and acceptable to the Development Officer. 35. Notwithstanding any other provision of this Agreement, the Developer shall not occupy or use the Lands for any of the uses permitted by this Agreement unless an Occupancy Permit has been issued by the Town. No Occupancy Permit shall be issued by the Town unless and until the Developer has complied with all applicable provisions of this Agreement and the Zoning By -law and with the terms and conditions of all permits, licenses, and approvals required to be obtained by the Developer pursuant to this Agreement. Entire Agreement 36. This Agreement contains the whole agreement between the parties hereto and supersedes any prior agreement as regards the lands outlined in the plan hereto annexed. Severability 37. If any paragraph or part of this agreement is found to be illegal or beyond the power of the Town Council to execute, such paragraph or part or item shall be deemed to be severable and all other paragraphs or parts of this agreement shall be deemed to be separate and independent therefrom and to be agreed as such. Reasonableness 38. Both parties agree to act reasonably in connection with any matter, action, decision, comment or approval required or contemplated under this Agreement. 2017July10MillenniumDriveMeetingFINAL_048 Development Agreement Kennebecasis Self-Storage Ltd. 7 This Agreement shall be binding upon and endure to the benefit of the parties hereto and their respective heirs, administrators , successors and assigns. IN WITNESS HEREOF the parties have duly executed these presents the day and year first above written. Date: , 2017 MARK A. REID ________________________ _____________________________ Witness: Director , Kennebecasis Self-Storage Ltd. Rothesay: _______________________ _ ____________________________ Witness: Mayor ________________________ ____________________________ Witness: Clerk 2017July10MillenniumDriveMeetingFINAL_049 SCHEDULE A PID 00065227 (PID to be retired pending lot subdivision) 2017July10MillenniumDriveMeetingFINAL_050 paLYLINE – DESIGNS RESIOErlTI/ol. f OOMMERCl/ol. BUllDltiG DESIGN ARCHITE:c!UR/ol. SUPPORT TECHNOL.01:1 IJlKTIHC ood CIW’HIC SERAC£S 137 PIC/>JllllY RO.’D -PICl’JllllY, NEW BRJtiSllCK -El£ :;J7 1E1.; 506.434.1157 Fl«: ~~433.5496 EllAI~ k~lyOpd~onodm;gn~co – I – – I I ~ – ” I I I I I I ‘…. .I/ ,_,, ~ – I – I / I ‘ I ,-51′.Gttlti I S ,,,__ ……. , “””””.;…i;..’-“—-=—-………………… ~ ……. ~ ……. ..;….~-'~"'"'""1=–..;….~~ …… –~~~~-'-=—""–~–~..:.;..~~~~~-'-'=–~~-·~~_,_1~~–"'~ I I ~ AREA OF LOT -11 010 sm GREEN/LANDSCAPED AREA – 4 013 sm (36%) HARDSURFACE/BUILDINGS AREA – 6 997 sm (74%) STORAGE BUILDINGS – 2 601 sm OFFICE BUILDING -176 sm I I I I / I I Ii’ ‘ ~ I / I I I I I I I I S E L F • STORAGE FACILITY MILLENNIUM DRIVE • Rothesay ‘ N ew B runswick I I I I I I I I I I I I I NORTH PL-1 2017July10MillenniumDriveMeetingFINAL_051 1oa·-o· -” -” -” -” -” -” ‘ ‘ ‘ ‘ ‘ 1 -‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ —I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L __ J L __ J L __ J L __ J L __ J STORAGE CUBICLES (VARYING SIZES) 1Gl'·11°s11~ l:llllllqt. 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STORAGE CUBICLES (VARYING SIZES) I – – l Sii'~~~"" I – – l I I I I I I I I I I I I ‘ ‘ ‘ ‘ ‘ ‘ I I Q STOMGE BUILDING lYPE-2 FLOOR PLAN ~: 1/8’= 1 !.()’ -J 0 I I paLYLINE – DESIGNS RESIDENTIAL f COMMERCIAL BUILDING DESIGN SITE DEVELOPMENr AND LANDSCAPE DESIGN ARCHITECTURAL SUPPORT lECHNOLOGY DRAFTING SERI/ICES and GRAPHIC LAYOUTS S E L F • STORAGE FACILITY PA-2 MILLENNIUM DRIVE Rothesa N B runswick 4J7 PICAOlllT ROl>ll -PIOOILLT, NEW BRUNSYllCK -E4E 5J7 TEL: 500.434, 1157 Fi’X: 506.433.5496 HAJL: ktl~Opolylinedesigno.oo y ew […]

https://www.rothesay.ca/wp-content/uploads/2017/11/2017July10-MillDriveselfstoragewebsite.pdf

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[…] and drainage. When questioned, he confirmed that Bartlett Road is serviced by municipal contractors for garbage collection and snow removal. Counc. Lewis suggested large construction vehicles, from the new build […]

https://www.rothesay.ca/wp-content/uploads/2023/11/2023Oct10-Open-Session-MINUTESweb.pdf

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[…] Unconditional grant unchanged at $417,721 or 3% of General Fund Revenue ¾ tax rate includes garbage collection, approximately 5.7 cents on the tax rate ¾ Recommendation of Finance Committee is […]

https://www.rothesay.ca/wp-content/uploads/2017/11/minutes-december8-2008.pdf

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[…] at an estimated cost o f $350,000. NAY vote recorded from Counc. Lewis CARRIED. 9.2 Garbage collection tender 2014- 001RD 10 July 2014 Memorandum from Town Manager Jarvie MOVED by […]

https://www.rothesay.ca/wp-content/uploads/2017/11/minutes-july14-2014.pdf

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[…] . Solid W aste C olle ctio n Looking for information regarding curbside collection? Our Garbage, R ecycling, and Compost website has been updated to pro vide you with best […]

https://www.rothesay.ca/wp-content/uploads/2023/09/R-Insider-Fall-2023-Newsletter.pdf

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[…] set up at the Rothesay Arena on May 8 and 9. Town Manager Jarvie advised garbage containers will be distributed in the affected areas to help with the clean up […]

https://www.rothesay.ca/wp-content/uploads/2017/11/minutes-may7-2008.pdf

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[…] or s ervice vehicles each with a dead weight not exceeding 4,000 kilograms and one garbage container. (c) Setback distances shall be maintained with a minimum area of 40% in […]

https://www.rothesay.ca/wp-content/uploads/2022/12/2023Sept11-PublicHrg-2-CampbellDrFINAL.pdf

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[…] e has received requests for additional dispensers to make it easier for people when the garbage cans are removed for the winter. CARRIED.  Renforth Wharf MOVED by Counc. Wells […]

https://www.rothesay.ca/wp-content/uploads/2017/11/minutes-february10-2014.pdf

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[…] inches in diameter. • Residents are required to use compostable bags, non -waxed cartons, or garbage cans that can be easily emptied into the trucks. • Please DO NOT use […]

https://www.rothesay.ca/wp-content/uploads/2022/04/Rothesay-Hive-Newsletter-April-2022.pdf

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[…] or s ervice vehicles each with a dead weight not exceeding 4,000 kilograms and one garbage container. (c) Setback distances shall be maintained with a minimum area of 40% in […]

https://www.rothesay.ca/wp-content/uploads/2023/08/7.4.3-PAC-Report-Grove-LightIndustrial-BINDER1_Redacted.pdf

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