HomeMy WebLinkAbout12 111 Payment in Lieu of Parking (Max Diagle Ltd.) Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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NO. 2012 -111
BEING A BY -LAW TO ENTER INTO A PAYMENT IN LIEU OF PARKING
AGREEMENT WITH MAX DIAGLE LTD.
WHEREAS Section 8(1) and 9 of the Municipal Act, 2001, S.O. 2001, c.25 as
amended, provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
• enhance the municipality's ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into a payment in lieu of parking agreement with a
Max Diagle Ltd.;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into a payment in
lieu of parking agreement with a Max Diagle Ltd.
2. That the Mayor and Chief Administrative Officer be authorized and directed to
execute, on behalf of the Council of The Corporation of the Municipality of
Kincardine, the agreement with Max Diagle Ltd. attached hereto as Schedule
"A"
3. This By -law shall come into full force and effect upon its passage.
• 4. This By -law may be cited as the "Payment in Lieu of Parking (Max Diagle
Ltd.) Agreement By -law ".
READ - FIRST and SECOND TIME this 19` day of September, 2012.
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READ a THIRD TIME and FINALLY PASSED this 19 day of September, 2012.
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PAYMENT IN LIEU OF PARKING AGREEMENT
This AGREEMENT made this 19th day of September, 2012
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
-and -
MAX DAIGLE LTD
Hereinafter called "Owner"
Of the Second Part.
WHEREAS
1. The Owner represents that it is the registered owner of certain lands located at
731 Princes Street, in the Municipality in Kincardine legally described in Schedule
"A" attached to this agreement (the °Lands ");
2. The Owner intends to develop the Lands for the purpose of an Apartment
Dwelling.
3. Zoning By -law number 2003 -025 of the Municipality of Kincardine (the "Zoning
By -law ") requires the Owner to provide and maintain thirty four (34) parking
spaces for the Apartment Dwelling described above, which spaces must comply
with the standards set out in the Zoning By -law (the "Required Parking Spaces ");
4. The Owner is able to provide only twelve (12) parking spaces on the Lands;
5. The Municipality's Payment -in -Lieu of Parking Policy which permits cash
payments instead of providing parking to the standard required in the Zoning By-
law, also allows Council to consider granting an exemption from a payment -in-
lieu of parking payment for parking spaces in an application;
6. The Municipality of Kincardine at its meeting held on September 19, 2012
resolved that the exemption should be applied to only the twelve (12) parking
spaces and that a payment -in -lieu of parking spaces and that a payment -in -lieu
of parking payment in the amount of $ 1,875 per parking space be required for
the remaining twenty two (22) parking spaces;
7. Subsection 40(1) of the Planning Act R.S.O. 1990, c. 13 permits the Council of a
municipality to enter into an agreement exempting an owner or occupant to the
extent set out in the agreement, from the requirement of providing and maintain
parking facilities on land that is not part of a highway.
IN CONSIDERATION of the sum of Two Dollars and other good and valuable
consideration, the parties to this agreement hereby covenant and agree as follows:
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Payment in Lieu of Parking Agreement
Max Daigle Ltd.
1. The Owner shall pay to the Municipality the sum of $41,250 by cash or certified
cheque immediately upon execution of this agreement.
-Or-
2. The Owner shall pay the Municipality the sum of $ 41,250 in the manner and on
the dates as established in the payment schedule attached as Schedule 'B' to
this agreement.
3. Upon receipt of the payment referred to in paragraph 1 of this agreement, the
Owner shall be exempt from the requirement to provide and maintain THIRTY
FOUR (34) required parking spaces it is otherwise required to provide pursuant
to the Zoning By -law and shall be required to provide twelve (12) parking spaces
as provided in amending By -law 2012 -048.
4. The exemption provided pursuant to paragraph 2 of this agreement shall apply to
the Lands only so long as the Owner complies with this agreement and the use
or uses being conducted on the Lands does or do not result in the parking
requirements exceeding the number of required parking spaces. The exemption
under this agreement applies only to the Lands and shall not be assignable or
transferable to any other lands.
5. In the event that the use or uses being conducted on the Lands changes or
change in a manner that increases the parking requirements, the exemption
granted under this agreement shall become null and void and the Owner shall be
required to provide the number of parking spaces required by the Zoning By -law
for the new use being conducted on the Lands.
6. In the event of default by the Owner of any of the terms of this agreement, this
agreement shall be terminated and thereafter, any exemption granted pursuant
to this agreement shall be null and void and the Owner shall be required to
provide the number of required parking spaces which would have been required
by the Zoning By -law prior to the exemption granted by Council for the
Municipality. Subsequent to default, the Municipality shall not be liable to refund
or account to the Owner for any payments made by the Owner to the Municipality
pursuant to the provisions of this agreement.
7. The granting of the exemption in this agreement in no way binds or commits the
Municipality to provide alternative parking in the area of the Lands or at all.
8. In construing this agreement, words in the singular shall include the plural and
vice versa and words importing the masculine shall include the feminine and the
neuter and vice versa and words importing persons shall include corporations
and vice versa.
9. The Owner hereby consents to the registration of this agreement on the title of
the Lands.
10.The parties to this agreement hereby covenant and agree that this agreement
shall be binding upon them, their respective heirs, executors, administrators,
successors, and assigns.
11.1f any provision in this agreement or the application of this agreement to any
person or circumstances is found to be invalid or unenforceable to any extent,
the remainder of this agreement and the application of such provisions to other
persons or circumstances shall not be affected thereby and shall be enforced to
the greatest extent permitted by law.
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Payment in Lieu of Parking Agreement
Max Daigle Ltd.
IN WITNESS WHEREOF the parties have hereunto affixed their respective corporate
seals attested to by the hands of their respective proper signing officers duly authorized
in that behalf.
) THE CORPORATION OF THE
) MUNICIPALITY OF KINCARDINE
)
Larry ra r 4
C ala-
Chief Administrative Officer — 1-
Murray Clarke
)
I/We have the authority to bind the
) Corporation
)
) MAX DAIGLE LTD. (OWNER)
Witness ) Max Ryan — Pres '
) I have the authority /to bind the
Corporation
C)c+nE55 I 'Cela Knelt
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Payment in Lieu of Parking Agreement
Max Daigle Ltd.
Schedule 'A'
Legal Description of "THE LANDS"
LT 14 E/S PRINCES ST PL KINCARDINE; PT LT 14 W/S VICTORIA ST PL
KINCARDINE AS IN R337246; KINCARDINE BEING ALL OF PIN 3309 -0286 (LT)
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Payment in Lieu of Parking Agreement
Max Daigle Ltd.
Schedule B'
Payment Schedule
The owner shall pay The Corporation of The Municipality of Kincardine the sum of
$ 41,250 in cash or certified cheque within sixty days of signing this agreement or the
monies will be collected in a manner like taxes.
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