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2008-132 authorize the execution of an agreement between the Township of Oro-Medonte and Jeff and Susan Waring to allow for two dwellingsTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-132 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND JEFF AND SUSAN WARING TO ALLOW FOR TWO DWELLINGS WHEREAS the Municipal Act, 2001,S.C7. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Qro-Medonte deems it desirable to enter into an agreement, effective October 8, 2008, fora 12 month period, with Jeff and Susan Waring to temporarily reside in the existing dwelling which will be demolished after the completion of the new dwelling at 1066 Warminster Sideroad, West Part of Lot 6, Concession 11 (Medonte), Township of Uro-Medonte. NOW THEREFORE the Council of the Township of Qro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By-Law. 2. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 8T" DAY OF OCTOBER, 2Q08. BY-LAW READ A THIRD TIME AND FINA~~Y PASSED THIS $T" DAY OF OCTOBER, 24Q8. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE -' ~ ,, -- - ~. ayor, H.S. u hes ~: , _, CiE~rk, J. Douglas Irwin t.. schedule "A" to By-law No. 2008-132 AGREEMENT In consideration of receiving a building permit from the Township of Oro-Medonte, We, Jeff and Susan Waring, of the Township of Oro-Medonte (formerly Township of Medonte} in the County of Simcae, covenant and agree as follows: 1. That we are the registered owners of West Part of Lot 6, Concession 11 being more particularly described as 1066 Warminster Sideroad. 2. That we have applied to the Gouncil of the Gorporation of the Township of Oro-Medonte for permission #o temporarily reside in our existing dwelling on the above-mentioned lands, at the same time as a new dwelling is under construction on those same lands, wherein such procedure is not provided far under the provisions of the Township of Oro-Medonte's zoning By-law as amended. 3. That we hereby acknowledge that permission has been given by the Council of the Gorporation of the Township of Oro-Medonte subject to the following provisions: a} That such permission is granted far the twelve month period from permit issuance or until completion of the proposed new dwelling, whichever is the lesser period of time; and b} That an completion of the new dwelling, as evidenced by a Provisional Occupancy Certificate, the existing dwelling is to be removed within one month to the satisfaction of the Township's Chief Building Official; and c) That application to the Township of Oro-Medonte for a temporary use permit will be made forthwith (Fee $100.00}. 4. That certified funds in the amount of $20,000.00 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole satisfaction of the Township. a} Failure to comply with the aforementioned conditions will result in the Corporation of the Township of Oro-Medonte redeeming the certified funds at its sole discretion. 5. That we hereby agree to the terms and conditions set out above. 6. It is understood that failure to comply with the terms and conditions as set out herein, shah release and save harmless the Corporation of the Township of Oro-Medonte from pursuing such litigation, as may be necessary to secure compliance or conformity with any applicable Municipal By-law or provincial Regulation as may be provided for. 7. We hereby covenant and agree to indemnify and save harmless the Township of Oro- Medonte from all casts, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into of this agreement. ~ P `._ Date . : .e~.„~,...~~~ :~ Susan Waring, Owner ~~~~rw~ ~..e.~ Jeff Waring,. Owner "`,~ o -~ ~ ,~. ~ ._ Mayor, H. S. es - ~: ~, _ C,4~rk, J. Qoug~s Irwin _~ Witness ~° Andria Leigh Director of Development Services