2010-004 Agreement - David & Kelly BorneTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2010 -004
BEING A BY -LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
BETWEEN THE TOWNSHIP OF ORO- MEDONTE AND
DAVID AND KELLY BORNE TO ALLOW FOR TWO DWELLINGS
WHEREAS the Municipal Act, 2001,S.O. 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 Oro - Medonte
deems it desirable to enter into an agreement dated January 13, 2010, for a 18 month
period from the date of building permit issuance, with David and Kelly Borne to
temporarily reside in the existing dwelling which will be demolished after the completion
of the new dwelling at 744 Ridge Road East, South Part of Lot 23, Concession 9 (Oro),
Township of Oro - Medonte.
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. 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 13 DAY OF JANUARY, 2010.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 13 DAY OF
JANUARY, 2010.
NNSHIP OF ORO- MEDONTE
Clert J. - Diugla49'Xrwin
Schedule "A" to By -law No. 2010 -004
AGREEMENT
In consideration of receiving a building permit from the Township of Oro - Medonte, We, David
and Kelly Borne, of the Township of Oro - Medonte (formerly Township of Oro) in the County of
Simcoe, covenant and agree as follows:
1. That we are the registered owners of South Part of Lot 23, Concession 9 being more
particularly described as 744 Ridge Road East.
2. That we have applied to the Council of the Corporation of the Township of Oro - Medonte for
permission to 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 for 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
Corporation of the Township of Oro - Medonte subject to the following provisions:
a) That such permission is granted for the eighteen month period from permit issuance or
until completion of the proposed new dwelling, whichever is the lesser period of time;
and
b) That on 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, shall
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 costs, claims, liability and actions which may result or arise from the
issuance of the building permit or the entering into of this agreement.
Date r
David Borne, Owner
Kelly Borne, Owner
Witness