HomeMy WebLinkAbout04 058 agree 2nd dwel taylor
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THE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2004 - 58
A BY-LAW TO AUTHORIZE THE SIGNING OF AN A REEMENT
TO PERMIT CONSTRUCTION OF A DWELLING ITH THE
CONDITION OF REMOVAL OF THE EXISTING DELLING
(Robert N. Taylor - 296 Victoria Street)
WHEREAS Section 9 (1) of The Municipal Act, 2001, S.O. 001, c, 25, as
amended, confers authority on municipalities to enable them 0 govern their
affairs as they consider appropriate and to enhance their abili to respond to
municipal issues and Section 9 (3) authorizes municipalities t pass by-laws
respecting matters and imposing conditions as a requirement for obtaining a
permit;
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AND WHEREAS the Council for the Municipality of Kincardine ha given
direction to the Chief Building Official to issue a permit to constru a second
dwelling with the condition of the removal of the existing dwelling n property
known municipally as 296 Victoria Street, Municipality of Kincardi e (former
Township of Kincardine) and owned by Robert N. Taylor;
AND WHEREAS the Council for The Municipality of Kincardine d ems it
advisable to enter into an agreement with Robert N. Taylor for the removal of the
existing dwelling;
NOW THEREFORE the Council for the Municipality of Kincardi e ENACTS as
follows: '
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1. That the Municipality of Kincardine enter into an agreement with Robert N,
Taylor for the removal of the existing dwelling on Lots 1 & 2 Plan 445, 296
Victoria Street, Municipality of Kincardine (former Township of Kincardine),
County of Bruce by the 31st day of May 2006 or within six months of the
issuance of an Occupancy Permit; I
2. That the Mayor and CAO be authorized to sign, on behalf of the Municipality
of Kincardine, the agreement with Robert N. Taylor attached tp this by-law as
Schedule "A",
3. This By-law shall come into full force and effect upon its final assage.
4. This By-law may be cited as the "Taylor (296 Victoria Stre t) Removal of
Existing Dwelling Agreement, By-law".
READ a FIRST, SECOND and THIRD TIME and FINALLY P SED this 21st
day of April 2004,
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Mayor
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This Agreement made in quadruplicate as of the
BETWEEN
day of April , 2004
ROBERT N. TAYLOR
(hereinafter called the 'Owner")
OF THE FIRST PART
-and -
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
(hereinafter called the "Municipality")
OF THE SECOND PART
WHEREAS the Owner is the registered owner of the real property Lot 1 & 2, Plan 445,
296 Victoria Street, Municipality of Kincardine (former Township of Kincardine), County
of Bruce,
AND WHEREAS the Owner has applied to the Municipality of Kincardine Building
Department to build a Single Detached Dwelling on that part of the said real property,
AND WHEREAS the Council gave a direction to the Chief Building Official to issue a
permit to construct a second dwelling and one of the conditions imposed by the
Municipality is that the Owner enter into this Agreement with respect to removing the
existing dwelling;
NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the
granting of the Building Permit and the sum of ONE DOLLAR ($1,00) now paid by the
Municipality to the Owner, the receipt of which is hereby acknowledged, and the mutual
covenants and agreements hereinafter contained, the parties hereto agree as follows:
1. The Owner hereby covenants to remove the dwelling and services to the
satisfaction of the Municipality's Chief Building Official on or before the 31st day of May,
2006 or within 6 months of the Occupancy Permit issued for the new dwelling which
ever is first. The parties agree that the removal shall include the demolition of the
dwelling and its foundation, the removal of all debris resulting from such demolition and
the restoration ofthe property.
2. The Owner shall deliver to the Municipality contemporaneously with this
Agreement a cheque payable to the order of the Municipality in the sum of $2,500,00,
The parties agree that the delivery of this cheque is for the purpose of guaranteeing to
the Municipality that the Owner will comply with paragraph 1 of this Agreement. The
Municipality agrees to deposit this sum in an account subject to the provisions of this
Agreement.
3.
In the event that the Owner has not complied fully with paragraph 1 of this
Agreement by the 31st day of May, 2006 or within 6 months of the Occupancy
Permit issued for the new dwelling then, in addition to any other remedies it may
have, the Municipality may, without further notice, complete the removal of the
dwelling to the satisfaction of the Chief Building Official. The Owner hereby
grants to the Municipality a right of entry onto the Property to complete such
removal. The Municipality may apply the monies in the account to all expenses,
costs, charges and claims that it incurs in connection with such removal.
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4. The Owner shall be liable to the Municipality for any shortfall of monies that may
exist between the monies in the account and the expenses incurred by the Municipality
in removing the dwelling. The Municipality shall refund without interest to the Owners
the excess monies, if any, in the account after payment by the Municipality of such
expenses,
5, The Owner acknowledges that this Agreement shall be registered on title and the
Owner shall pay for all legal costs incurred with respect to such registration.
6. This Agreement shall be binding upon and shall ensure to the benefit of the
respective heirs, executors, administrators. successors and assigns of the parties
hereto,
IN WITNESS WHEREOF the Owner and the Municipality have hereto affixed their
corporate seals attested by the hands of their respective duly authorized officers,
SIGNED, SEALED AND DELIVERED
in the presence of
) THE CORPORATION OF THE
) MUNICIPALITY OF KINCARDINE
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) Glenn R. Sutton, Mayor
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) John deRosenroll, C.A,O.
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, Rob rt N. Taylor
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