HomeMy WebLinkAboutBy-law No. 2023-032THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-032
A BY-LAW TO AUTHORIZE THE EXECUTION OF A
TEMPORARY USE AND DEMOLITION AGREEMENT BETWEEN
ROY SCHRIJVER FARMS LTD. 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 53777 Talbot Line, legally described as Concession 7 NTR N Pt Lots 110, 111 RP
11 R6257 Pt Part 1, being Assessment Roll No. 3401-000-007-05100.
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 Roy Schrijver Farms Ltd. 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 4th DAY OF MAY
2023.
BETWEEN:
SCHEDULE `A' TO BY-LAW NO. 2023-032
THIS TEMPORARY USE AND DEMOLITION AGREEMENT
DATED THE 4T" DAY OF MAY 2023
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(Hereinafter called the "Municipality")
-and-
ROY SCHRIJVER FARMS LTD.
(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 53777 Talbot Line, legally described as Concession 7 NTR N Pt Lots 110, 111 RP
11 R6257 Pt Part 1, Assessment Roll No. 3401-000-007-05100;
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 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.
. 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's
Chief Building Official
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. 3401-000-007-05100.
IN WITNESS WHEREOF the parties have executed this Agreement as at the date first stated
above.
Schedule `A' to By-law No. 2023-032 Roy Schrijver
2
SIGNED, SEALED AND DELIVERED
Dated
Sig4turof Witness
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Ray Sc rijver, wn
Roy Schrijver Farms Ltd.
I have authority to bind the Corporation.