HomeMy WebLinkAbout09 134 Fisher (part lot 40, con a) demolition agreement
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2009 -134
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
(Part Lot 40 Con. A)
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, Section 8 (1)
and 9 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 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 of The Corporation of 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 Part Lot 40, Concession A, Municipality of Kincardine
(geographic Township of Kincardine), County of Bruce and owned by Kenneth
Gordon Fisher and Lois Edith Fisher;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into an agreement with Kenneth Gordon Fisher and
Lois Edith Fisher for the removal of the existing dwelling;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1.
That the Municipality of Kincardine enter into an agreement with Kenneth
Gordon Fisher and Lois Edith Fisher for the removal of the existing dwelling
on, Part Lot 40, Concession A, Municipality of Kincardine (geographic
Township of Kincardine), County of Bruce on or before the 31st day of
August 2010 or within 6 months of an Occupancy Permit.
2.
That the Mayor and CAO be hereby authorized and directed to execute, on
behalf of the Council of The Corporation of the Municipality of Kincardine
the agreement with Kenneth Gordon Fisher and Lois Edith Fisher attached
hereto as Schedule 'A' and forming part of this by-law, and to affix the
corporate seal of the Municipality of Kincardine.
3.
This by-law shall come into full force and effect upon its final passage.
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Fisher (Part Lot 40, Con A) Demolition Agreement By-law
By-law No. 2009 - 134
4.
This by-law may be cited as the "Fisher (Part Lot 40, Con A) Demolition
Agreement By-law".
READ a FIRST, and SECOND time this 9th day of September, 2009
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Clerk
READ a THIRD time and FINALLY PASSED this 9th day of September, 2009.
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THIS AGREEMENT made this ~day Of~, 2009
BETWEEN:
FISHER, KENNETH GORDON
-AND-
FISHER, LOIS EDITH
(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 #41-08-210-004-30501-0000, Part Lot 40, Concession A, in the Municipality of
Kincardine (geographic Township of Kincardine)
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 31st day of August, 2010 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.
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3. In the event that the Owner has not complied fully with paragraph 1 of this
Agreement by the 31st day of August, 2010 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 agrees that a copy of this agreement shall be delivered by the owner
to each and every prospective purchaser in any agreement of purchase and sale of the
property.
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
) (We have authority to bind the
) Corporation)
)
) .~~- .
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) Larry K er, Mayor :::::. __. ' ....:.1""-
) .... .
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) 0 n deRosenroll, C.A.O. <::,....
)
) We have the authority to bind the
corporation.
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! Fisher~ K:t;;h Gordon
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) Fisher, Lois Edith
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