HomeMy WebLinkAbout02 136 agree ltd service haycock
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TIlE CORPORATION OF TIlE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2002 -136
A BY·LAW TO AUTHORIZE THE SIGNING OF
A LIMITED SERVICE AGREEMENT
WITH DONALD HAYCOCK
WHEREAS The Municipality of Kincardine wishes to enter into a Limited Service
Agreement in order to clarify the status of Pine Avenue prior to issuing a building
permit to Donald Haycock of Lots 12 and 13 Plan 770, municipally known as 32
Pine Avenue, in the Municipality of Kincardine (former Township of Bruce);
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 Donald Haycock, 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 "Haycock Limited Service Agreement
By-law".
READ a FIRST, SECOND, and a THIRD time and DEEMED TO BE PASSED
this 11 tit day of September, 2002.
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LIMITED SERVICE AGREEMENT
This AGREEMENT made this II~ay of {;p4./Þ.b'Cy ,2002.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and-
DONALD HAYCOCK
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that he is the registered owner of Lots
12 and 13, Plan 770 municipally known as 32 Pine Avenue in the Municipality of
Kincardine (former Township of Bruce) and hereinafter referred to as the subject
lands.
AND WHEREAS the owner enjoys a roadway to the subjeCt lands for all
purposes included amongst which are ingress and egress, such roadway being
Pine Avenue, Municipality of Kincardine (former Township of Bruce).
AND WHEREAS the aforesaid roadway is ,not a year round maintained 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 no municipal services provided to the lands using
the above mentioned 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 road without maintenance under the jurisdiction of the
Municipality.
b) 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 allowance or by way of the
establishment of another road.
c) The owner acknowledges that they are totally responsible for obtaining
maintenance on the road allowance, which provides access to the lands.
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Haycock 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 application 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 east
boundary which has frontage on a right of way being Pine Avenue.
9. This agreement shall enure 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.
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Haycock Limited Service Agreement
Page 3 of 3
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IN WITNESS WHEREOF the Municipality has hereto affixed .
attested by the hands of its mayor and clerk this II+/. day of
and Donald Haycock has hereunto set his hand this Lf ¡If day of
,2002.
SIGNED, SEALED AND DELIVERED
in the presence of
PORATION OF THE
ITY 1f'Π.
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