The URL can be used to link to this page

Home My WebLink About06 115 Ltd Srvice Agree Hansen · · · · THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2006 -115 BEING A BY..LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE AGREEMENT WITH MICHAEL HANSEN & VICTORIA MCINNIS WHEREAS Section 9(3) of The Municipal Act, 2001 5.0. 2001, c. 25, as amended, authorizes municipalities to pass by-laws respecting matters and imposing conditions as a requiremenUor obtaining a permit; AND WEHREAS the municipality of Kincardine Zoning By-law #2003-25 requires that a Limited Service Agreement must be entered into before development can occur on a private road; AND WHEREAS the Municipality of Kincardine wishes to enter into a Limited Service Agreement prior to issuing a building permit to Michael Hansen & Victoria Mcinnis for Part Lot 18, Concession A, known municipally as 19 Lower Beach Road, in the Municipality of Kincardine (former Township of Kincardine); NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Limited Service Agreement with Michael Hansen and Victoria Mcinnis, attached hereto as Schedule "A". 2. That this by-law shall come into full force and effect upon its final passage. That this By-law may be cited as the "19 Lower Beach Road (Hansen/Mcinnis) Limited Service Agreement By-law". READ a FIRST, SECOND and a THIRD time and FINALLY PASSED this 5th day of July, 2006. 3. Q~ ~~e Cle Mayor .4.e~ ~ ,- .~ 4. This ~ Schedule · ..L " to ~-Law No. dOO(,-//f'passed the.L- day of 2<><'. ~~ Clerk UMITED SERVICE AGREEMENT This AGREEMENT made in QUADRUPUCATE this k day of BETWEEN: THE CORPORATION OF THE MUNICIPAUTY OF KINCARDINE Hereinafter called the "Municipality" of the First Part, -and- MICHAEL HANSEN & VICTORIA MCINNIS Hereinafter called the "Owner" of the Second Part. WHEREAS the owner herein represents that they are the registered owners of 19 Lower Beach Road, Part Lot 18, Concession A, in the Municipality of Kincardine. (former Township of Kincardine), Roll no. 4108210004060000000 and hereinafter referred to as. the subject lands. AND WHEREAS the .owner enjoys a' roadway to thØ subject lands for all purposes included amongst which are ingress and egress, such roadway being Lower Beach Road, Municipality of Kincardine (former Township of Kincardine). AND WHEREAS the owner WiShes to access the building ffom a roadway known as Lower Beach Road, to the eøst of the land being'the original roadway. AND WHEREAS ttie aforesaid roadway is not a year round maintained road allowance fonning part of the municipal road system of the Municipality and as such the development of the subject lands would be contrary to the provisions of zoning by~laws of the Municipality and Bruce County Official Plan. AND WHEREAS the Municipality is prepared to issue a building permit for the subject lands as aforesaid provided that the owner first enters Into an agreement acknowledging that, there are only limited municipal services provided to the lands using the above mentioned limited services road allowance, and agreeing not to demand municipal services from the Municipality because of the access route chosen by the owner. NOW THEREFORE THIS AGFlFFIIPNT wrrNESSETH THAT in consideration . of the mutual covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter set out, the parties hereby. agree as follows: 1. a) . The owner acknowledges that they have chosen to access the land by way of a road Without winter maintenance under the- jurisdiction of the Municipality, being th!3 road allowance lo't4er Beach Road. . b) The owner acknowledges that the said road is not fully maintained on a . year round basis. . c) The owner covenants and agrees that no demand will be made upon the Municipality for the provision Of access to the lands either by way of improved. maintenance of the existing road or by way of the establlstunent . of another road. d) The owner acknowledges that they are totally responsible. for obtaining winter maintenance on the road which provides access to tt)e subject lands. ,,, \. .... '- LSA HANSEN AND MCINNIS Page 2 00 e) The owner covenants and agrees they will not make improvements or changes to the. roadway owned by the Municipality without fiÎ'St obtaining the consent of the M~nicipalïty' in writing. 2. The owner hereby acknowledgeS that the subject lands do. not presentty receiVe any direct municipal services whatsoever. , 3. The owner hereby acknowledges and agrees that they will be responsible for the making of a private agreement for the pickup and disposal of all garbage arising from the use, enjoymi:mt and any proposed development of the subject lands. The Municipality will pick' up garbage If the owner delivers It to 8 site approved by the Municipality, on an existing Municipal garbage pick up route. 4. a) The owner hereby agrees not to make any demands at any time upon the Municipality for any municipal services of whatsoever nature and kind except fire protection when weather and roadway conditions pennit the safe entry of trucks. . b) Without in any way limiting the genenility of the expression -municipal services- the type of services which wlH not be demanded shall include: Fire protectkH1 when weath8r and roadway conditions do not permit the safe entry of fire trucks. garbage collection, drainage· works, road maintenance, snow clearance, street lighting, sidewalk, curbs, gutters, tree planting or any, other service whatsoever other than the one, mentioned above. . 5. a) The owner acknowledges that this agreement is designed to permit the Municipality to detennine the future provisions of municipal services to various paris of the Municipality and to discourage haphazard development or developments which make the provisions of municipal services difficult and cosUy.' b) The owner further acknowledges and agrees that no severance or building permit shall be issued to the owner until,this agreement has been signed by the owner. c) The owner acknowledges that the. completion of this agreement shall·in no way guarantee a building pennit from the Municipality and acknowledges that an application for a permit must comply with the Buikllng C'ode Act, the Building Code and aU other applicable laws. 6. This instrument constitutes the entire agreement between the Municipality and the owner. It shall not be amended, altered or changed except by written agreement hereto. This agreement may be executed In any number of counterparts, each of which' when so executed and delivered shall be deemed to be an original but such cou.nterparts together shall constitute but one and the same agreernenl . 7. The owner acknowledges that for the purpose of the zoning by.law of the Municipality that the frontage of the lands shall be considered the east' boundary which has mmtage on l.aNer Beach Road Road. 8. This agreement shall ensure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. 9. The owner coVenants and agrees to Infonn all potential pu'Chasers or other persons acquiring the land of the existence of this agreement and agrees to use hlslher best efforts to obtain from such persons an acknowledgment in 'writing that they are aware of and bound by the tenns of this agreement . 'I .~ .. LSA HANSEN AND MCINNIS Page 3 of3- IN WITNESS WHEREOF the Municipality has hereto affixed itI. corporate seal attested by ~ hands of its Mayor and CAO this ~ day ofJ(..\'¡ ,2006. Michael Hansen & VICtoria Mcinnis has hereunto set his hand this W- day of :::r Y\ eo 2006. SIGNED. SEALED AND DBLIVERBD' I In the presence of' . I THE CORPORATION OF THE . I MUNICIPAUTY ARDINE . I (sealed or witnessed) ceA ~ J~,+- ~ " 6 ~ RIA MCINNIS . ~