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Home My WebLink About02 105 agree ltd service dobbs ...... e e e e TIlE CORPORATION OF TIlE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2002 -105 A BY-LAW TO AUTHORIZE THE SIGNING OF A LIMITED SERVICE AGREEMENT WITH FRED DOBBS AND PATRICIA MCLEAN·DOBBS WHEREAS The Municipality of Kincardine wishes to enter into a Limited Service Agreement in order to clarify the status of Red Cedar Drive prior to issuing a building permit to Fred Dobbs and Patricia McLean-Dobbs of Part Lot 52, Concession A, municipally known as 30 Red Cedar Drive S 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 Clerk be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine the Limited Service Agreement with Fred Dobbs and Patricia McLean-Dobbs, attached to this by-law and to affix the Municipality's corporate seal as and when required. 2. That this by-law shall come into full force and effect upon its final passage. 3. That this By-law may be cited as the "Dobbs Limited Service Agreement By-law" . READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED this 17th day of July, 2002. ./'--- -_._-~". Clerk --" c r M ...., .. · · · - LIMITED SERVICE AGREEMENT This AGREEMENT made this nf"day of J <...If ' 2002. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the First Part, -and- FRED DOBBS & PAT DOBBS Hereinafter called the "Owner" of the Second Part. WHEREAS the owner herein represent that they are the registered owners of 30 Red Cedar Drive S., Part Lot 52, Concession A in the Municipality of Kincardine (former Township of Kincardine) and hereinafter referred to as the subject lands. AND WHEREAS the owner enjoys a private roadway to the subject lands for all purposes included amongst which are ingress and egress, such private roadway being Red Cedar Drive, Municipality of Kincardine (former Township of Kincardine). AND WHEREAS the aforesaid private roadway is not a road allowance forming 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 AGREEMENT WITNESSETH 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 private road without maintenance under the jurisdiction of the Municipality. b) The owner acknowledges that the said private road is not municipally owned or maintained. 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 private road or by way of the establishment of another road. d) The owner acknowledges that they are totally responsible for obtaining maintenance on the private road, which provides access to the lands. ...2/ . . . - Dobbs Limited Service Agreement Page 2 of 3 2. The owner hereby acknowledges that the subject lands do not presently 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, enjoyment and any proposed development of the subject lands. The Municipality will pick up garbage if the owner delivers it to a 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 permit the safe entry of trucks. b) Without in any way limiting the generality of the expression "municipal services· the type of services which will not be demanded shall include: Fire protection when weather 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 determine the future provisions of municipal services to various parts of the Municipality and to discourage haphazard development or developments which make the provisions of municipal services difficult and costly. b) The owner further acknowledges and agrees that no 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 permit from the Municipality and acknowledges that an afJplication for a permit must comply with the Building Code Act, the Building Code and all 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 counterparts together shall constitute but one and the same agreement. 7. The owner shall pay to' the Municipality all costs incurred by it for the negotiation and preparation of this agreement including legal and administrative costs. 8. 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 west boundary which has frontage on a private right of way being Red Cedar Drive. 9. This agreement shall ensure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. 10. The owner covenants and agrees to inform all potential purchasers or other persons acquiring the land of the existence of this agreement and agrees to use his best efforts to obtain from such persons an acknowledgment in writing that they are aware of and bound by the terms of this agreement. ...3/ , !: I. . Dobbs Limited Service Agreement Page 3 of 3 IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its mayor and clerk this ~ day of ;.-}., 0 . ~ , 2002 and Fred Dobbs and Patricia McLean-Dobbs has hereunt et their hands this day of , 2002. · SIGNED, SEALED AND DELIVERED I in the presence of I I I I I I I I I I I I I I J 110 1r)()'2. Date I . I I ~ t. Øt.:Æ1ÂA~ fiaJ~ (),~L~ /lL2tlol, Patricia McLean-Dobb«' ::7 Date~' I I · (sealed or witnessed) iJo {)JL Fred Dobbs · ,. THE CORPORATION OF 1JÆ·: MUNIC ITY C "PJNE~ .",~~, - "< --:: <'-/ ./' . - - - - , , ;:- ;:- C' ,.- -" ,-, - ::---- - ", /............:. .... Clerk - per: