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HomeMy WebLinkAboutKIN 87 055 Payment/Lieu Pking . e THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 1987-55 BEING A BY-LAW TO ENTER INTO A PAYMENT IN LIEU OF PARKING AGREEMENT WITH 634467 ONTARIO INC. WHEREAS Section 49 of The Planning Act, authorizes a council to enter into developer in regard to payment in lieu of S.O. 1983, an agreement parking; Chapter 1 with the AND WHEREAS 634467 Ontario Inc. is proposing to build a condominium development on Lots 4,5 and 6, plan 77 and part of Saugeen Street and request to pay-in-lieu of parking; AND WHEREAS The Corporation of the Town of Kincardine deems it desirable to enter into an agreement with the developer; NOW THEREFORE, the Council of The Corporation of the Town of Kincardine ENACTS as follows: 1. That the mayor and clerk are hereby authorized, on behalf of The Corporation of the Town of Kincardine, to sign the development agreement with 634467 Ontario Inc. for a $1,500 payment-in-lieu of parking for Lots 4,5 and 6, Plan 77 and part of the saugeen Street Road Allowance being more particularly described as Part 5 on Reference Plan 3R-3930. READ a FIRST and SECOND time this 6th day of August, 1987. ~~ Deputy-Clerk READ a THIRD time and FINALLY PASSED this 1987. 20th day.pf August, . -' ~-. ~~. Mayor - . , .: ~..~-:.~.'~.:- ... ....~~ -. THIS AGREEMENT made in duplicate this 16th day of July, 1987 BET WEE N: . -AND- 634467 ontario Inc. OF THE FIRST PART hereinafter called the Owner 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 the premises sum of ONE undertakings follows: THIS AGREEMENT WITNESSETH that in consideration of and other good and valuable consideration and the DOLLAR (1.00) and the material convenants and herein contained, the parties hereto agree as 1. The Owner shall pay to the Town the sum of One Thousand and Five Hundred Dollars ($1,500.00) in consideration of the Town granting a reduction of three (3) parking spaces on the land referred to in Schedule "A" attached hereto. The basis on which the payment of One Thousand and Five Hundred Dollars (1,500.00) 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 seal attested by the hands of their duly authorized officers. IN THE PRESENCE OF . ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) . '../ '. "'.~.: -....... .. , Preslden ".-_.......~. -__. ~ ft: ,'. . 3- Vlce-Presiqel\t. - THE CORPORATION OF .... THE TOWN OF KINCARDINE ~ .,r'~<"':';"':."'" ~~ ~: -2-/ ayor " ""..::;. ~ .--' -~ --- . - :'-:.::. .....-............."""'" . . <'"-:'0/ ~ SCHEDULE "A" 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 Lots 4,5 and 6, plan 77 and the east part of the Saugeen Street Road Allowance between Harbour Street and Kincardine Harbour being part of Block "E", Plan 313, and being more particularly described as Part 5 on Reference Plan 3R-3930. ~:~ . . 'ill,'" #""" 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.