HomeMy WebLinkAboutBy-law 1597/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1597/82
Being a by-law prescribing the form of
Demolition Agreement which may be required
to be entered into in the process of the
issuance of building permits, and author-
izing the execution thereof
WHEREAS, pursuant to the provisions of section 5(2)(f) of the Building Code Act, R.S.O.
1980, chapter 51, the council of a municipality may pass by-laws prescribing forms
respecting permits and applications for permits and providing for their use; and
WHEREAS, the Town requires certain landowners to enter into Demolition Agreements
where a dwelling currently exists and it is necessary to ensure that that dwelling is
removed upon the completion of a proposed dwelling; and
WHEREAS, it is deemed desirable to provide for the expeditious processing of such
Agreements;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS
AS FOLLOWS:
The form of Demolition Agreement to be entered into by an applicant for a build-
ing permit, where the building permit is for the construction of a new dwelling
on the lot upon which an existing dwelling is located, shall be the form set
out in Schedule "N' hereto.
The Mayor and Clerk are hereby authorized to execute Demolition Agreements, in
the form attached hereto as Schedule "A", as required from time to time, for the
purposes set out therein.
BY-LAW read a first, second and third time and finally passed this 20thday of
December , 1982.
SCHEDULE "A" to By-law #1597/82
THIS AGREEMENT made in triplicate this day of
, 19
BETWEEN :
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
and -
(and)
hereinafter ~collectively)called the "Owner"
OF THE SECOND PART.
WHEREAS, the Owner is the owner in fee simple, of the lands affected
hereby, upon which is presently located a dwelling (hereinafter refer-
red to as the "present dwelling"); and
WHEREAS, the Owner has made application to the Town for a building per-
mit for the construction of a dwelling (hereinafter referred to as the
"new dwelling") on the said lands; and
WHEREAS, it is necessary that the present dwelling be demolished or
removed upon the completion of the new dwelling;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of
issuance by the Town to the Owner of a building permit for the new
dwelling, the Owner hereby agrees as follows:
the
The lands affected hereby are those lands more particularly des-
cribed as follows:
ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town of Pickering,
in the Regional Municipality of Durham and Province of Ontario
and being composed of
AS DESCRIBED in Instrument No.
The Owner shall, within ninety days of the issuance to him of an
occupancy permit respecting the new dwelling, demolish or remove
the present dwelling from the lands affected hereby.
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The Owner agrees that in default of his performance of the obli-
gation under section 2 hereof, the Town may, upon 10 day's written
notice to the Owner, provided by registered mail, directed to him
at his address set out on the application for the building permit
for the new dwelling, enter the lands affected hereby and demolish
or remove the present dwelling at the sole expense of the Owner,
and for the purpose of such demolition or removal by the Town, the
Owner hereby appoints the Town as his agent.
The Owner further agrees that in the event that the Town enters
and demolishes or removes the present dwelling pursuant to the
provisions of this Agreement, the cost of such entry, demolition
or removal may be assessed against the lands affected hereby and
collected in the same manner as municipal taxes.
This Agreement and everything herein contained shall enure to the
benefit of and binding upon the Parties hereto and their respec-
tive heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the Town has hereunto affixed its Corporate Seal
duly atteste~ by the hands of its proper officers authorized in that
behalf, and (the persons comprising)the Party of the Second Part have
hereunto set their hanks) and sea~. has
his/her
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
In the presence of