2010-089 Agreement - ProsperoTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2010 -089
BEING A BY -LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
BETWEEN THE TOWNSHIP OF ORO- MEDONTE AND
DANNY AND ENIS PROSPERO TO ALLOW
FOR TEMPORARY RESIDENCY IN A TRAILER
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 effective May 26, 2010, for a 9 month
period from the date of building permit issuance, with Danny and Enis Prospero to
temporarily reside in a trailer at West Part of Lot 16, Concession 12 (Oro), Township of
Oro - Medonte, further described as 1603 15/16 Side Road East.
NOW THEREFORE the Council of the Township of Oro - 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, SECOND AND THIRD TIME, AND PASSED THIS 26 DAY
OF MAY, 2010.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
ayor, H.S. Hu
CI&k. J. Uoualds Irwin
Schedule "A" to By -law No. 2010 -089
AGREEMENT
In consideration of receiving temporary permission to reside in a trailer from the Township of Oro -
Medonte, We, Danny and Enis Prospero, 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 West Part of Lot 16, Concession 12 being more particularly
described as 1603 15/16 Side Road East, Oro - Medonte.
2. That we have applied to the Council of the Corporation of the Township of Oro - Medonte for
permission to temporarily reside in a trailer on the above - mentioned lands, at the same time as a
new dwelling /repair is under construction on those same lands, wherein such use 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 a nine 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 habitation of the trailer ceases forthwith 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 a Letter of Credit in the amount of $5,000.00 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 Letter of Credit at
its sole discretion.
5. That I 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
Danny Prospero, Owner
Enis Prospero, Owner
Witness