HomeMy WebLinkAbout07 035 Interim Development Agreement (1697193 Ont. Ltd)
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
NO. 2007 - 035
BEING A BY -LAW TO ENTER INTO AN INTERIM DEVELOPMENT
AGREEMENT AND UNDERTAKING WITH 1697193 ONTARIO LTD.
WHEREAS Section 51 (26) of the Planning Act, 1990, Chapter 13, authorizes
municipalities to enter into agreements imposed as a condition to the approval of
a plan of subdivision;
AND WHEREAS the Land Division Committee for the Corporation of the County
of Bruce has approved a conditional severance of land in the Municipality of
Kincardine being Part Lot 1 and Lot 2, Plan 194 retained parcel and Lot 25
Campbell NIS, Lots 9 and 11, Campbell WIS and Lots 12 to 15 Campbell E/S,
Plan 151 (severed parcel);
AND WHEREAS one of the conditions of the severance is that the applicant
developer enter into a subdivider's agreement to include various provisions;
AND WHEREAS 1697193 Ontario Ltd. is the developer of the severed lands;
AND WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001,
c.25, as amended, provide that the powers of a municipality under this or any
other Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal
issues and has the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Council for The Corporation of the Municipality of
Kincardine deems it advisable to enter into an Interim Development Agreement
and Undertaking with 1697193 Ontario Ltd.;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Municipality of Kincardine enter into an Interim Development
Agreement and Undertaking with 1697193 Ontario Ltd.
2. That the Mayor and Chief Administrative Officer be authorized to sign, on
behalf of the Municipality of Kincardine the Interim Development
Agreement and Undertaking with 1697193 Ontario Ltd. attached hereto as
Schedule "A".
3.
That this By-law takes effect from the date of passage by Council and
comes into force and effect pursuant to the provisions of the said Planning
Act.
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By- law No. 2007 - 035
Interim Development Agreement (1697193 Ont. Ltd.) By-Law
Page 2 of 2
This by-law may be cited as the "Interim Development Agreement
(1697193 Ont. Ltd.) By-law".
READ a FIRST, SECOND, and THIRD time and FINALLY PASSED this 21st day
of March 2007.
4.
;()eat::
This is Schedule" ..1:1.. " to By-Law
NO.~f>D1.tM<passed the ~ay
INTERIM DEVELOPMENT AGREEMENTO 07 ·
AND
UNDERTAKING e k
WHEREAS the Land Division Committee for the Corporation of the County of ~
Bruce has approved a conditional severance of lands in the Municipality of
Kincardine being Part Lot 1 and Lot 2, Plan 194 retained parcel, and Lot 25,
Campbell NIS, Lots 9 and 11, Campbell WIS, and Lots 12 to 15 Campbell E/S,
Plan 151 (severed parcel).
AND WHEREAS one of the conditions of the severance (Paragraph 6) was that
the applicant developer enter into a Subdivider's Agreement to include various
provisions.
AND WHEREAS the grantee of the severed lands will be 1697193 Ontario Ltd.
IN consideration of the granting of the severance and to comply with Paragraph 6
of the severance conditions 1697193 Ontario Ltd. hereby agrees and undertakes
as follows:
1. To enter into a further and more detailed development agreement
with the Municipality of Kincardine prior to registering a new plan for
the development of the severed parcel herein.
2. The developer (1697193 Ontario Ltd.) agrees and undertakes to
register this Interim Development Agreement immediately after
registration of the deed for the severed parcel and to deliver a copy
of the registered deed and this agreement as registered to the
municipality .
3. This Interim Agreement shall be binding on 1697193 Ontario Ltd. its
heirs, administrators and assigns.
IN WITNESS WHEREOF the Municipality has hereto affixed its corpora~eal
att ed by the hand of its Mayor and Chief Administ a ive Officer this ~ d~e
o 07. The parties have hereunto set their a s and seals this I
day 0 2007.
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Witness
)1697193
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) Tom Kerr, Vice re' e t
) I have authority 0 bind he Corporation
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) THE CORPORATION OF THE
) MUNICIPALITY OF KINCARDINE
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) Lar
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~ -=s: C-- ~<-\2(~ 0 ^^ $
) John deRosenroll, Ctiief Administrative
) Officer
) We have authority to bind the
) Corporation.
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, Mayor