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HomeMy WebLinkAboutKIN 94 043 Agre-Quin Plza Pking · . · · . · THE CORPORATION OF THE TOWN OF KINCARDINE ......",...," BY-LAW BY-LAW NO. 1994-43 A BY-LAW TO AUTHORIZE THE SIGNING OF A PARKING PROVISION AGREEMENT WITH THE QUINN PLAZA LIMITED. WHEREAS the Town of Kincardine and Kincardine Public utilities commission require the use of two (2) parking spaces in order to install padamount transformers as part of the Queen street reconstruction project on the lands described in Schedule "A" registered in the name of The Quinn Plaza; AND WHEREAS the Council for The corporation of the Town of Kincardine deems it advisable to enter into a parking agreement; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That the Council for The Corporation of the Town of Kincardine enter into an agreement with The Quinn Plaza Limited to grant a reduction to the requirement of the Town's Comprehensive Zoning By-law of two (2) parking spaces on the lands referred to in Schedule "A" of the Agreement; 2. That the mayor and clerk be authorized to of The Corporation of the Town of agreement with The Quinn Plaza Limited to this by-law and to affix the Town's and when required. sign, on behalf Kincardine, the which is attached Corporate seal as 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Quinn Plaza Parking Agreement, By-law." READ a FIRST and SECOND time this 7th day of JUly, 1994. READ a THIRD time and FINALLY PASSED this 21st day of July 1994. ~~ Mayor .., This AGREEMENT made this 7th day of July, 1994. BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- THE QUINN PLAZA LIMITED hereinafter called the "owner" of the Second Part. · WHEREAS the lands described in Schedule"A" are registered in the name of The Quinn Plaza Limited; AND WHEREAS the Town of Kincardine and Kincardine utilities Commission require the use of two (2) spaces on the aforementioned lands in order to padmount transformers as part of the Queen reconstruction project; Public parking install street AND WHEREAS the use of these two parking spaces may result in a shortage of parking spaces required under the Town's Comprehensive Zoning By-law should the owners of the lands wish, at some point in the future, to construct an addition to the plaza currently located on the said lands; · NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of approval of the plans for the development on subject parcel of land by the Town and sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner for himself and for all successors in title, HEREBY AGREES with the Town as follows: 1. The Owner shall pay to the Town the sum of nil ($0.00) in consideration of the Town granting a reduction of two (2) parking spaces on the land referred to in Schedule "A" attached hereto. · ,,~ 2. The word "Owner" and the words "he" or "his" where used in this Agreement and in addition to its accepted meaning, shall mean and include an individual, an associate, a partnership or incorporated company whenever the singular is used herein it shall be construed as including the plural, and whenever the masculine is used herein it shall be construed as including the feminine. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns (and shall run with the said land owned by the parties). 3. .. ./2 · · · · #' Page 2 Parking Agreement IN WITNESS WHEREOF the Town has hereto affixed its corporate seal attested by the hands of its mayor and clerk this 7th day of July, 1994. The Quinn Plaza Limited has hereunto set their hands and seals this 7th day of July, 1994. SIGNED, SEALED AND DELIVERED in the presence of ~Qw~ ) ) THE CORPORATION OF THE TOWN ) OF KINCARDINE ) . ) ...... . ,.'" 'd"',. '. ¡ P7L ø~~ ) <'~rleSJY. Mallrx ," ) , - - .- » . ~/1:>'>".. ~"'.~~~> ) ~---~~~''->'" ) Clerk - Maureen A. coutu~e ) ) THE QUINN PLAZA LIMITED ) ) ) ) ) ) 9if~¢~ Haro Qu~nn, Pres~dent . . . . SCHEDULE 'A' All and singular that certain parcel or tract of land situate, lying and being in the Town of Kincardine, County of Bruce, Province of Ontario, and being composed of lands, according to Registered Plan 4, in the said Town more particularly described as follows: FIRSTLY Lots 2, 3, 4 and 5, East Side of Queen Street, Registered plan 4, Town of Kincardine. SECONDLY Part Lot 2, West Side of Princes Street, Registered Plan 4, Town of Kincardine, more particularly described as follows: COHMBRCING at a point in the Westerly limit of Lot 2, distant 10 feet measured Northerly thereon from the Southwest angle thereof, being the point of commencement¡ THENCE Easterly and parallel to the Southerly limit of said Lot 2, a distance of 84 feet to a point¡ TBERCE Northerly and parallel to the Westerly limit of said Lot 2, to the Northerly limit of said lot¡ THENCE Westerly along the said Northerly limit a distance of 84 feet more or less to the Northwest angle thereof¡ THENCE Southerly along the Westerly limit of said Lot 2 to the point of commencement, as in 1160925. THIRDLY Part of Lot 3, West side of Princes Street, Registered Plan 4, Town of Kincardine, more particularly described as follows: BEGINNING at a point in the Westerly limit of said Lot 3, 3 feet Southerly from the Northwest angle of said Lot¡ THENCE Easterly parallel to the Northerly limit of said Lot 3, a distance of 91 feet 6 inches¡ TBERCE Southerly parallel to the Westerly limit of said Lot 3, to the Southerly limit of said Lot¡ THENCE Westerly along the said Southerly limit of said Lot 3, 91 feet 6 inches more or less to the Southwesterly angle of said Lot¡ THENCE Northerly along the Westerly limit of said Lot to the point of commencement, as in 1160925.