HomeMy WebLinkAboutBy-law No. 2023-017THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-017
A BY-LAW TO AUTHORIZE THE EXECUTION OF A
TEMPORARY USE AND DEMOLITION AGREEMENT BETWEEN
BRADLEY ALLAN RIDDELL AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
WHEREAS Section 4.12 of Municipality of Bayham Zoning By-law No. Z456-2003, provides that
as a temporary use, an existing residence located on the subject property may remain in place
and be occupied while a new residence is constructed on the subject property.
AND WHEREAS the Property Owner has applied for a building permit for construction of a new
residence at 8921 Mitchell Road, legally described as Concession 6 STR Pt Lots 117 & 118
RP11 R5795 Part 2 and RP11 R8854 Part 1, being Assessment Roll No. 3401-000-003-13725.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF
BAYHAM ENACTS AS FOLLOWS:
THAT the Mayor and Clerk be and are hereby authorized and directed to execute the
Temporary Use and Demolition Agreement with Bradley Allan Riddell attached hereto and
forming part of this By-law and marked as Schedule "A".
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF
MARCH 2O23.
r
MAYOR E
BETWEEN:
SCHEDULE `A' TO BY-LAW NO. 2023-017
THIS TEMPORARY USE AND DEMOLITION AGREEMENT
DATED THE 2"d DAY OF MARCH 2O23
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(Hereinafter called the "Municipality")
-and-
BRADLEY ALLAN RIDDELL
(Hereinafter called the "Property Owner")
WHEREAS Section 4.12 of Municipality of Bayham Zoning By-law No. Z456-2003 (hereinafter
referred to as the "By -lave'), provides that as a temporary use, an existing residence located on
the subject property may remain in place and be occupied while a new residence is constructed
on the subject property;
AND WHEREAS the Property Owner will apply for a building permit for construction of a new
residence at 8921 Mitchell Road, legally described as Concession 6 STR Pt Lots 117 & 118,
RP11 R5795 Part 2 and RP11 R8854 Part 1, Assessment Roll No. 3401-000-003-13725;
AND WHEREAS the Property Owner commits to submitting a security deposit in the amount of
$10,000.00 dollars to the Corporation of the Municipality of Bayham;
AND IT IS HEREBY UNDERSTOOD AND AGREED by and between the parties hereto as
follows:
The Owner agrees that the construction of the new residence shall be completed and
occupied within two (2) years of the passing of this By-law.
The Owner may request a one-time one (1) year extension for the construction and
occupancy of the new residence subject to the Municipality of Bayham Council approval.
3 The existing residence shall be demolished by the Property Owner within six (6) months
of the issuance of an Occupancy Permit or within two (2) years of completion of
construction of the new residence, whichever comes first.
4 The required $10,000.00 security deposit shall be paid by the property owner to the
Municipality of Bayham in the form of a bank cheque, certified cheque or a certified
Letter of Credit. The deposit will be refunded after the existing residence is completely
demolished and all debris removed to the satisfaction of the Municipality of Bayham
Chief Building Official.
v Failure to comply with this Agreement will result in the Municipality of Bayham using the
security deposit funds to demolish the existing residence and remove all debris. Any
further costs for this demolition incurred by the Municipality will be added to the
property taxes of the subject property Assessment Roll No. 3401-000-003-13725.
Schedule `A to By-law No. 2023-017 Riddell
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IN WITNESS WHEREOF the parties have executed this Agreement as at the date first stated
above.
SIGNED, SEALED AND DELIVERED
A7 c/,�
Dated
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
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Signature of Witness ) Bradley Allan Riddell, Property Owner