HomeMy WebLinkAbout13 026 Cohoon (363 Bruce Road 23) Demolition Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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, ' 470 //51LITY OF KINo
BY -LAW
NO. 2013 - 026
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
(363 Bruce Road 23)
• 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 Comprehensive Zoning By -law 2003 -25 allows only one
dwelling on a lot, excepting however that an existing residential dwelling is
permitted, subject to an Agreement between the Owner and Municipality, during
construction and until such time as a second residential building can be occupied
on a lot, in order to facilitate replacement of an existing dwelling.
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into an agreement with Bruce Cohoon 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 Bruce
Cohoon for the removal of the existing dwelling on, Part Park Lot 'A',
Townplot of Port Head, (being Parts 4, 5 & 6 on RP -3223 & Part 1 on RP
3R -9012) (geographic Township of Kincardine) 363 Bruce Road 23 on or
before the 31' day of July 2014 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 Bruce Cohoon attached hereto as Schedule `A' and
forming part of this by -law.
3. This by -law shall come into full force and effect upon its final passage.
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Page 2
Cohoon (363 Bruce Road 23) Demolition Agreement By -law
By -law No. 2013 - 026
4. This by -law may be cited as the "Cohoon (363 Bruce Road 23) Demolition
• Agreement By- lave ".
READ a FIRST, and SECOND time this 6 day of March, 2013
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WAIlk Dam - WOG , QL
A ayor Clerk UU
READ a THIRD time and FINALLY PASSED this 6 day of March, 2013.
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ayor Clerk
•
•
•
THIS AGREEMENT made this to day of *ay , 2013
BETWEEN:
Bruce Cohoon
(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 - 23900- 0000,Part Park Lot 'A', Townplot of Port Head, (being
Parts 4, 5 & 6 on RP -3223 & Part 1 on RP 3R -9012) (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 Comprehensive Zoning By -law 2003 -25 as amended, allows for more
than one residential buildings being permitted on a lot, subject to an Agreement
between the Owner and the Municipality, during construction and until such time as a
second residential building can be occupied on a lot, in order to facilitate replacement of
an 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 change the use to accessory structure or
remove the dwelling both to the satisfaction of the Municipality's Chief Building Official
on or before the 31 day of July, 2014 or within 6 months of the Occupancy Permit
issued for the new dwelling which ever is first. The parties agree that for the change of
use to the accessory, all amenities related to human habitation shall be removed such
as but not limited to plumbing fixtures and appurtenances, kitchen cupboards, leaving
the structure as accessory use only and not for human habitation or 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, 2014 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)
)( A _ AI
) Larry Kra - m - r, : yor
) Murray Clarke, C.A.O.
)
) We have the authority to bind the
corporation.
7,
69 ,
cc
WITNESS ) Bruce Cohoon
DEMOLITION AGREEMENT
LOG SHEET
2013
Date Owner Name • Registered Owner of Roll No.
Property Address
February 6, 2013 Bruce Cahoon Part Park Lot 'A', Townplot 4108 210 004
of Port Head, (being Parts 23900 0000
4, 5 & 6 on RP -3223 &
Part 1 on RP 3R -9012)
geographic Township of
Kincardine