2013-138 Agreement for Two Dwellings - GartnerTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -138
BEING A BY -LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
BETWEEN THE TOWNSHIP OF ORO- MEDONTE AND
MICHAEL ALFRED GARTNER AND COLLEEN CAROLYN GARTNER 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 August 14, 2013, for an 18 month
period from the date of building permit issuance, with Michael and Colleen Gartner to
temporarily reside in the existing dwelling which will be demolished after the completion
of the new dwelling at 1847 Ridge Road West, Pt Lots 27 and 28, 51 R- 33437, Part 1,
Concession 3 (Oro), Township of Oro - Medonte.
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. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 14TH
DAY OF AUGUST, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
. H6ahes
J./DodEdas Frwin
AGREEMENT /AFFIDAVIT
In consideration of receiving a building pernut from the Township of Oro - Medonte, We, Michael
Alfred Gartner and Colleen Carolyn Gartner, 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 Pt Lots 27 and 28, 51R- 33437, Part 1, Concession 3,
Township of Oro - Medonte, being more particularly described as 1847 Ridge Road West.
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:
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
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.
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 It
`C'blleen Carolyn Gartner, Owner
Witness