HomeMy WebLinkAbout07 187 White (53 King St) Removal of Existing Dwelling Agreement
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2007 -187
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
(David John White - 53 King Street)
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the powers of a municipality under this or any other Act
shail 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 deems it
advisable to enter into an agreement with David John White for the removal of
the existing dwelling;
NOW THEREFORE the Council for the Municipality of Kincardine ENACTS as
foilows;
1. That the Municipality of Kincardine enter into an agreement with David John
White for the removal of the existing dweiling on Plan 123, Lot 52 King WIS,
53 King Street, Municipality of Kincardine (geographic Viilage of Tiverton),
County of Bruce by the 30'h day of June 2008 or within six months of the
issuance of an Occupancy Permit;
That the Mayor and CAO be authorized to sign, on behalf of The Municipality
of Kincardine, the agreement with David John White attached to this by-law
as Schedule "A".
3. This By-law shail come into fuil force and effect upon its final passage.
4. This By-law may be cited as the "White (53 King Street) Removal of Existing
Dwelling Agreement, By-law".
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READ a THIRD TIME and FIIjALL Y PASSED this 8'h day of August, 2007.
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This is Schedule. ..IL . to By-Law
No. ::tool-It1 passed the "6th day
of U.: 200.'1
ayo
This Agreement made in quadruplicate as of the ,-\I, day of A t
BETWEEN
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Clerk
,2007
WHITEpA~~ lf1( S--
(hereinafter ca~'The "Owner") 6
OF THE FIRST PART
-and-
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
(hereinafter cailed the "Municipality")
OF THE SECOND PART
WHEREAS the Owner is the registered owner of the real property ROLL
#4108260006051000000 Plan 123, Lot 52 King WIS, 53 King Street, Municipa1l!Y of
Kincardine (geographic To""ship of Kincardine), Coul)!y of BruCe~fK'L..--/
V,~Lf\4E "'VERTO'l:s~ '/ "--'U
AND WHEREAS the Owner has applied to the Municipality rdine Building
Department to build a Single Detached Dweiling on that part of the said real property.
AND WHEREAS the Council gave a direction to the Chief Building Official to issue a
permtt to construct a second dwelling and One of the condttions imposed by the
Municipality is that the Owner enter into this Agreement with respect to removing the
existing dweiling;
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 foilows:
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 June, 2008 or wtthin 6
months of the Occupancy Permit issued for the new dwelling which ever is first. The
parties agree that the removal shail include the demolition of the dweiling and its
foundation, the removal of ail debris resulting from such demolition and the restoration
of the property.
2. The Owner shail 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 fuily with paragraph 1 of this
Agreement by the 30th day of June, 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 ail expenses, costs, charges and claims that it incurs in
connection with such removal.
4. The Owner shail be liable to the Municipality for any shortfail of monies that may
exist between the monies in the account and the expenses incurred by the Municipality
in removing the dwelling. The Municipality shail 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 shail be registered on title and the
Owner shail pay for ail legal costs incurred with respect to such registration.
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6. This Agreement shail be binding upon and shail 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
7-~y
WITNESS
) THE CORPORATION OF THE
) MUNICIPALITY OF KINCARDINE
) (We have authority to bind the
) Corpora' n)
)
)
)
) Larry Kr m r, Mayor
)
l-\<:-I..- ~'C-"2.~.~,~
) John deRosenroil, CAO.
)
) We have the authority to bind the
corporation.
lQ<~dC-~
) David John White
)