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HomeMy WebLinkAboutKIN 92 035 Samdoon Holdings Pk . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1992-35 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH SAMDOON HOLDINGS INC. CONCERNING PARKING FACILITIES IN THE TOWN OF KINCARDINE. WHEREAS the council for The Corporation of the Town of Kincardine deems it advisable to enter into an agreement with Samdoon HOldings Inc. NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: That The Corporation of the Town of Kincardine an agreement with Samdoon Holdings Inc. parking facilities. 2. That the mayor and clerk be authorized to sign, on behalf of The corporation of the Town of Kincardine, the agreement with Samdoon Holdings Inc. which is attached to this by-law and to affix the Town's Corporate seal as and when required. 1. enter into concerning 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Samdoon Holdings Inc. Payment in Lieu of Parking By-law". READ a FIRST and SECOND time this 7th day of May, 1992. READ a THIRD time and FINALLY PASSED this 4th day of June, 1992. ~ -ð~~~~ Deputy Clerk =:'.....-:..-, . . SÅ’EDULE "B" This AGREEMENT made this 4th day of June, 1992. BETWEEN: '!'HE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- SAMDOON HOLDINGS INC. hereinafter called the "owner" of the Second Part. WHEREAS the lands described in Schedule "A" are registered in the name of Sarndoon Holdings Inc.; AND WHEREAS as a condition precedent to the Town approving a site Plan and the issuing of a building permit, an agreement regarding parking facilities as required; 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, BERBBY AGREES with the Town as follows: 1. The owner shall pay to the Town the sum of Seven Thousand Five Hundred Dollars ($7,500) in consideration of the Town granting a reduction of five (5) parking spaces on the land referred to in Schedule "A" attached hereto. The basis on which the payment of Seven Thousand Five Hundred Dollars ($7,500) has been calculated is set out in Schedule "B" 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. 3. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. .. ./2 -3- ..........~""'""': . . Page 2 Samdoon Inc., Parking Agreement IN WITNESS WHEREOF the Town has hereto affixed its corporate seal attested by the hands of its mayor and clerk this 4th day of June, 1992. The owner has hereunto set their hands and seals this !:i::1:!!.. day of Jt..UI~ ,1991. SIGNED, SEALED AND DELIVERED in the presence of ) ) '!'HE CORPORATION OF THE TOWN ) OF KINCARDINE ) ....<..;... ) .' ".. . '" ) .~~~~,. :.:.......-:.... ~/' ", - .",.. --- ._.'~ ...., V"- - ~_:. ---....:;,...-:.. y yor - C ar == _" . ~riií '-::::\ ) -." - - . - ) :;:" ~:.: j:~ w~,~-~ ~ ----:-- -::::- , , ...~- ,'" ~...<'" - .' .- ..' -4- ~. ..,~:~-.~~~~~~ ,", ~J ," - '- ....~ "... $'....:~ :-_:.._-~- - ...,...~~ 2 .::::-'--- ~ ::;;--.--- -:"';;-:.::: ~2:_ ~~ -- - .::;.. \~~~-:'.-:-:.¡ ". '" :..::.. ~ , .,- ,'- 0'" .0" ..- ---.-, . . SCHEDULE 'A' ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Town of Kincardine, County of Bruce, Province of Ontario and composed of part of Lots 13 and 14, South Side of Broadway, Plan 4, in the said Town of Kincardine. -5- ~-""'~ . . SCHEDULE 'B' In 1989 the Town of Kincardine's staff calculated the cost of purchasing and developing a parking lot complete with an asphalt surface, storm drainage and street light to be $3,500 per lot. Council established a lesser rate of $1,500 per lot for any business in the C1 zoned area of the Town in 1991. -6- . . ~¿ SCHEDULE 'A' SCHEDULE FOR DESCRIPTION DESCRIPTIoø ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Town of Kincardine, in the County of Bruce and being composed of those parts of Lots 13 and 14 on the south side of Broadway street, in that part of the said Town of Kincardine formerly known as williamsburgh, Plan 4, more particularly described as follows: COMMENCING at a point in the Northerly limit of said Lot 14 distant 48 feet measured Westerly thereon from the Northeast angle; THENCE Westerly along the Northerly limit of said Lots 13 and 14 to the Northwest angle of said Lot 13; THENCE Southerly along the Westerly limit of said Lot 13 which is also the Eastside of Queen street a distance of 49.5 feet; THENCE Easterly parallel with the Northerly Lots 13 and 14 to a point distance 48 Westerly from the Easterly limit of said Lot limit of said feet measured 14; THENCE Northerly and parallel with the Easterly limit of said Lot 14 a distance of 49.5 feet more or less to the place of beginning. As described in instrument number 250780. . -2-