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HomeMy WebLinkAbout11 104 Whittington Part Lot 30, Con A Demolition Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE . jy lII -> C ` K lc , B LAW NO. 2011 - 104 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 30, Concession `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 I 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 30, Concession 'A' Municipality of Kincardine (geographic Township of Kincardine), County of Bruce and owned by Kenneth Thelma Whittington and James Whittington; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with Thelma Whittington and James Whittington 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 Thelma Whittington and James Whittington for the removal of the existing dwelling on, Part Lot 30, Concession 'A' Municipality of Kincardine (geographic Township of Kincardine), County of Bruce on or before the 31 day of July 2012 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 Thelma Whittington and James Whittington 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. • .. Page 2 Whittington (Part Lot 30, Con A) Demolition Agreement By -law By -law No. 2011 -104 4. This by -law may be cited as the "Whittington (Part Lot 30, Con A) • Demolition Agreement By -law ". READ a FIRST, and SECOND time this 3` day of August, 2011 :ra Clerk 0 READ a THIRD time and FINALLY PASSED this 3rd day of August, 2011. I _ fl■t -e ayor Clerk • • • THIS AGREEMENT made this 3 day of Au3usf , 2011 BETWEEN: Thelma Whittington -and - James Whittington (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 - 17400- 0000,Part Lot 30, Concession 'A', 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 31 day of July, 2012 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 31 day of July, 2012 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 ) THE CORPORATION OF THE in the presence of ) MUNICIPALITY OF KINCARDINE ) (We have authority to bind the ) Corporation) )� --cup Larry a er, a or )�] onn • • John deRosenroll, C.A.O. ) We have the authority to bind the corporation. A WNESS ) Frances Whittington ) WITNESS ) F derick Whittington )