HomeMy WebLinkAboutKIN 89 098 Versa-Care Develop
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THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1989-98
VERSA-CARE DBVELO¡>MENT AGRBBMBHT,1989 BY-LAW
WHEREAS the Council for The Corporation of the Town of Kincardine
deems it expedient to enter into an agreement with Versa-care
Limited concerning the property composed of Blocks B, C, G, Plan
M-1 and Part of Blocks F and H, Plan M-1, now shown as Parts 1
and 4 on Reference Plan 3R-3793.
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 Versa-Care Limited concerning the
property composed of Blocks B, C, G, Plan M-1 and Part of
Blocks F and H, Plan M-1, now shown as Parts 1 and 4 on
Reference Plan 3R-3793.
2. The clerk is hereby authorized to register this agreement
against the subject property.
3. This by-law shall come into full force and effect upon its
final passage.
4. This by-law shall be known as the ·Versa-Care Development
Agreement, 1989 By-law".
READ a FIRST and SECOND TIME this 21st day of September, 1989.
JrM/V d\o 9b~
Mayor
READ a THIRD time and FINALLY PASSED this 5th day o_~___~ctober,
1989.
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Mayor
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Number
CER1;IFICATE OF AECEII'T
89 NOV -1 A9 :58
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New Property Identifiers
Additionat:
See 0
Schedule
Execullons
Addiltonat.
See
Schedule
(I) This Document provides as follows:
OV¡;" ¡'¡UHHAM 1;.0 LlfJlIllL.!
form No. 98~
Document General
e.Ònn 4 - Lend Reglstrallon Relonn Ac~ 1984
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(1) Registry KI
(3) p,operty
ldentifler(s)
Lend TIUe. 0 (2) Page 1 of 4
Block Property
Additional:
See 0
Schedule
pages
(4) Nature Of Documenl
Amendment to Development Agreement
(5) ConoIderellon
N/A Dollars $
(6) DascrlplIon
Blocks B, C, G, Plan M-l and Part of Blocks F
and H, Plan M-l, now shown as Parts I and 4 on
Reference Plan 3R-3793, Town of Kincardine,
County of Brucetvfé:rI(; ¡J/)Iu::E¿"¡ 1'&-3 þVO
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(7) This
Doc:umant
ConfBlno:
Additional
Part... 0 Other jU!
¡ (b) Schedule for:
o i Deocription 0
(a) Redescription
New Easement
PlanlSketch
Amendment to Development Agreement attached as Schedule "A".
(9) Th Documenl relalol 10 lnatrumenf number(l) / /3
r tiS"
(10) Parfy(loI) (Set out Statu. or Irtféòoiìt)
Name(.) .. -
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Continued on Schedule 0
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--'. Date of Sìgnature
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(11) Addr_
for S....ice
707 Queen Street, Kincardine, Ont., N2Z IZ9
(12) Parfy(iea) (Set out Statu. or Interest)
Name(.)
Signature(s)
Date of Signature
Y M D
VERSA-CARE LIMITED
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(13)_'
for SeMce
(14) Municipal Acldreao of Properly
King St.
Kincardine, Onto
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(15) Document Prepared by:
Ronald R. Shaw
Clerk-Administrator
Town of Kincardine
707 Queen Street
Kincardine, Onto
Nn lZ9
Fee. end Tax
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Page 2 of 4
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$CHEDULE "A"
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THE CORPORATION OF THE TOWN OF KINCARDINE
AMENDMENT TO DEVELOPMENT AGREEMENT
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THIS AGREEMENT made the 28th day of August, 1989.
BET WEE N:
VERSA-CARE LIMITED
hereinafter called the "Owner",
of the First Part,
- and -
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town",
of the Second Part,
WHEREAS the Owner is the Owner in fee simple of the lands
described in Schedule "A" attached hereto,
AND WHEREAS the Owner and the Town entered into a Development
Agreement concerning these lands dated the 19th day of November,
1987 and registered in the Registry Office of Bruce (No.3) Land
Titles Division on the 2nd day of December, 1987 as Instrument
No. 19850,
AND WHEREAS the Owner and the Town deem it expedient to amend
such agreement,
NOW THEREFORE THIS AGREEMENT witnesseth that in consideration of
other good and valuable consideration and the sum of TWO DOLLARS
($2.00) of lawful money of Canada, now paid by each of the
parties hereto, (the receipt whereof is hereby acknowledged), the
parties hereto covenant, promise and agree with each other as
follows:
1. LIST OF SCHEDULES ATTACHED
Schedule "A": Description of lands to which this Agreement
applies, (hereinafter called "the lands").
2. Clause 7.2 entitled "Levies or Impost" shall be replaced
with the following:
7.2 The Owner acknowledges the status of impost fees as
follows:
'.
156 units have been prepaid in previous development
agreements, less 46 townhouses already built on lands
adjacent to these leaving a credit of 110 units. The
proposal will be equivalent to 56 units calculated as
follows:
I)
II)
III)
24 seniors apartments
40 lodge beds at 40%
40 extend-a-care beds at 40%
=
24 units
16 units
16 units
=
=
¿ Total: 56 uni ts
~lr Therefore, the Town acknowledges that there is a credit of
S~~ units on the land strictly in regard to impost fees and
not in regard to the capacity of external municipal
services.
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Page 3 of 4
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3.
Clause 7.3 entitled "Future Development" will be replaced
with the following:
The Owner agrees that any future development beyond 24
senior apartments, 40 lodge beds and 40 extend-a-care beds
will require a further development agreement as a condition
of the Town issuing a further building permit or approving a
further site plan agreement.
4.
The clause "Completed within three years" in Clause 8.5
entitled "Construction and Occupation" shall be replaced
with the following clause:
"Completed within four years".
5. This agreement shall be registered on title at the expense
of the Owner.
IN WITNESS WHEREOF the Corporate seals of the Owner and the Town
are hereunto affixed under the hands of their proper signing
officers in that behalf.
SIGNED, SEALED AND DELIVERED
in the presence of
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THE CORPORATION OF THE
TOWN OF KINCARDINE
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VERSA-CARE LIMITEI},,·"..··......,
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"Fonn 5 - Lend Reg-..n Refonn Act, 1914
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AddnlonBl Properly ldenllller(a) anello' Olher Information
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DESCRIPTION - Firstly:
Parcel B-3, Section M-l, being Blocks B, C and G, Plan M-I, Town of
Kincardine, County .of Bruce.
.rcel
County
Parcel
County
- Secondly:
B-4, Section M-~, Part of Block F, Plan M-~, Town of Kincardine,
of Bruce, designated as Part 1 on Reference Plan 3R-3793, and
B-4, Section M-l, Part of Block H, Plan M-l, Town of Kincardine,
of Bruce, designated as Par~ 4 on Reference Plan 3R-3793.
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Page 4 of 4
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SCHEDULE "A"
Description of Lands to Which This Agreement Applies
ALL AND SINGULAR that certain parcel or tract of land situate,
lying and being in the Town of Kincardine, in the County of
Bruce, in the Province of Ontario and being composed o£ Blocks B,
C, G, Plan M-1 and Part of Blocks F and H, Plan M-1, now shown as
Parts 1 and 4 on Reference Plan 3R-3793.
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Page 4 of 4
SCHEDULE "An
Description of Lands to Which This Agreement Applies
ALL AND SINGULAR that certain parcel or tract of land situate,
lying and being in the Town of Kincardine, in the County of
Bruce, in the Province of Ontario and being composed of Blocks B,
C, G, Plan M-1 and Part of Blocks F and H, Plan M-1, now shown as
Parts 1 and 4 on Reference Plan 3R-3793.