HomeMy WebLinkAboutKIN 89 063 Defeated
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 1989-63
A BY-LAW TO AUTHORIZE THE EXECUTION OF A PAYMBNT-IN-
LIEU OF PARKING AGREEMENT WITH SANDOON HOLDINGS INC.
CONCERNING SUBDIVISION LOT 8 AND 7 OF LOT 8, PLAN 61,
NORTH SIDE OF DURHAM STREET, TOWN OF KINCARDINE, COUNTY
OF BRUCE
WHEREAS the Council for The Corporation of the Town of Kincardine
deems it expedient to enter into an agreement with Samdoon
Holdings Inc. concerning the property described as subdivision
Lot 8 and 7 of Lot 8, Plan 61, north of Durham Street, Town of
Kincardine, County of Bruce;
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1. The mayor and clerk are hereby authorized to execute, on
behalf of The Corporation of the Town of Kincardine, the
attached agreement with Samdoon Holdings Inc. concerning the
property described as the subdivision Lot 8 and 7 of Lot 8,
Plan 61, north side of Durham Street, Town of Kincardine,
County of Bruce and Part of Lot 1, west side of Queen Street
in that part of the Town of Kincardine formerly known as
Williamsburg now according to Plan 4.
2. This by-law shall come into full force and effect upon its
final passage.
READ a FIRST and SECOND TIME this 1st
1989.
day of
June
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Mayor
READ a THIRD time and FINALLY PASSED this
1989.
DEFEATED ON THIRD AND FINAL READING JUNE 15, 1989
day of
,
Mayor
Clerk
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THIS AGREEMENT made in duplicate this
day of
1989
BET WEE N:
SAMDOON HOLDINGS INC.
OF THE FIRST PART
hereinafter called the Owner
-AND-
THE CORPORATION OF THE TOWN OF KINCARDINE
OF THE SECOND PART
hereinafter called the Town
WHEREAS the Owner is the owner in fee simple of the lands
described in Schedule "A" attached hereto;
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 is required;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the premises and other good and valuable consideration and the
sum of ONE DOLLAR (1.00) and the material covenants and
undertakings herein contained, the parties hereto agree as
follows:
1. The Owner shall pay to the Town the sum of $3,500.00 in
consideration of the Town granting a reduction of seven
parking spaces on the land referred to in Schedule "A"
attached hereto. The basis on which the payment of
$3,500.00 has been calculated is set out in Schedule "B"
attached hereto.
2. The Owner covenants and agrees to pay the Town the amount
set out in paragraph 1 on the signing of this Agreement.
3. 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.
4. IN WITNESS WHEREOF the Town and the Owner have hereunder
affixed their corporate seals and attested by the hands of
their duly authorize officers.
IN THE PRESENCE OF
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Secretary - Charles. M. Palmer
THE CORPORATION OF
THE TOWN OF KINCARDINE
Mayor
Clerk
SAMDOON HOLDINGS INC.
President - Donald K. Murray
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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 and being composed of subdivision Lot 8 and 7 of
Lot 8, Plan 61, north side of Durham Street, Town of Kincardine,
County of Bruce and Part of Lot 1, west side of Queen Street in
that part of the Town of Kincardine formerly known as
Williamsburg now according to Plan 4.
SCHEDULE "B"
PARKING SPACE COST FORMULA
Prior to 1977 the Town of Kincardine purchased and developed the
municipal parking lot on Lots 3, 4, 5, 6 and 7 on the east side
of Queen Street at a cost of $100,000.00 providing for
approximately 160 parking spaces.
Cost per parking space prior to 1977 - $625.00
With inflation of 100% a parking space, in 1983 is valued at
$1,250.00
The policy of council is that a parking space to comply with
Section 39 of the Planning Act, S.O. 1983, Chapter 1 is valued at
$500.00. Therefore payment is required for three spaces at
$500.00 each.