HomeMy WebLinkAbout07 052 Coenen(2062 Sideroad 10) Removal of Exisitng Dwelling Agreement
.
.
.
.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 - 052
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF
AN AGREEMENT TO PERMIT CONSTRUCTION OF A DWELLING WITH THE
CONDITION OF REMOVAL OF THE EXISTING DWELLING
(Peter Wilhelmus Coenen and Amy Marie Coenen - 2062 Sideroad 10)
WHEREAS Section 8 (1) of the Municipal Act, 2001, 5.0. 2001, c. 25, as
amended, provides 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 WHEREAS pursuant to the said Municipal Act, Section 9 provides that a
municipality 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 for the Municipality of Kincardine has given
direction to the Chief Building Official to issue a permit to construct a second
dwelling with the condition of the removal of the existing dwelling on property
located at West Part Lot 11, Concession 5, Municipality of Kincardine
(geographic Township of Kincardine), County of Bruce and known municipally as
#2062 sideroad 10 and owned by Peter Wilhelmus Coenen and Amy Marie
Coenen;
AND WHEREAS the Council for the Corporation of the Municipality of Kincardine
deems it advisable to enter into an agreement with Peter Wilhelm us Coenen and
Amy Marie Coenen for the removal of the existing dwelling;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Municipality of Kincardine enter into an agreement with Peter
Wilhelmus Coenen and Amy Marie Coenen for the removal of the
existing dwelling on West Part Lot 11, Concession 5, Municipality of
Kincardine (geographic Township of Kincardine), County of Bruce on
or before the 30th day of August 2008 or within six months of the
issuance of an Occupancy Permit.
2. That Mayor and CAO be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine, the agreement with Peter
Wilhelmus Coenen and Amy Marie Coenen attached hereto as
Schedule "A".
. . ./2
.
.
.
.
Page 2
Coenen (2062 Sideroad 10) Removal of Existing Dwelling Agreement By-law
By-law No. 2007 - 052
3.
That this by-law shall come into full force and effect upon its final
passage.
That this By-law may be cited as the "Coenen (2062 Sideroad 10)
Removal of Existing Dwelling Agreement By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 18th day
of April, 2007.
4.
~~
l:.
This is Schedule" .Jl. " to By-Law
No.:Jo/i1....4assed the JS!:!:yday
of 200:1 .
,.Iv ~ ~~
This Agreement made in quadruplicate as of the 1& day 0 ~/L. ,2007""'"
BETWEEN
PETER WILHELMUS COENEN
AND
AMY MARIE COENEN
(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 ROLL
#410821002121000 West Part Lot 11, Concession 5, #2062 Sideroad 10, Municipality
of Kincardine (geographic 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 to the satisfaction of the
Municipality's Chief Building Official on or before the 30th day of August, 2008 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
of the 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 30th day of August, 2008 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.
!'
~
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
~4-/J
WITNESS
~BAf&d.
I WITNESS
) THE CORPORATION OF THE
) MUNICIPALITY OF KINCARDINE
) (We have authority to bind the
) Corporation)
)
)
)
)
)
~ '=l_ ~~~c-J D ~vl1
) John deRosenroll, C.A.O.
)
)
)
)
)
)
)
)
l Cl~- ~}
) Amy Marie CoenenO
)