Common use of Barn Clause in Contracts

Barn. The Town and the Landowners collectively (the “Parties”) acknowledge that Building Permit # 00-111 was issued in error, in that it authorized the building of the Barn outside of the approved building envelope for Lot 10 as depicted on the Plan. The Parties agree that the Barn was built in reliance on Building Permit # 00-111, and that the landowners were unaware of its illegal status when they purchased the Property. The Parties hereby agree that, notwithstanding that the Barn is located outside of the approved building envelope for Lot 10 as depicted on the Plan, the Landowners may apply for a building permit to convert the Barn into additional living space or an accessory dwelling unit, and that the Town’s Codes Enforcement Officer may issue such a permit, so long as the contemplated conversion or rebuild takes place entirely within the 50 foot long by 34 foot wide building footprint as depicted on the Existing Conditions Survey of ▇ ▇▇▇▇ ▇▇▇▇▇ Rd. conducted by ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ (PLS 2282) dated August 19, 2024 (the “Survey”). A copy of the Survey is attached as Exhibit A and is hereby incorporated into this Agreement. The Parties agree that the footprint of the Barn as depicted on the Survey shall not be enlarged unless a subdivision amendment is granted by the Town of Freeport Project Review Board. The Parties acknowledge that the Landowner shall need to demonstrate compliance with all applicable state laws and Town Ordinances in order to receive approval from the Town’s Codes Enforcement Officer for a Building Permit and a Certificate of Occupancy.