2014-162 Agreement with David and Erin McFarlandThe Corporation of the Township of Oro - Medonte
By -Law No. 2014 -162
Being a by -law to Authorize the Execution of an Agreement between the
Township of Oro - Medonte and David William McFarland and Erin Lynn McFarland
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 October 8, 2014, with David William
McFarland and Erin Lynn McFarland to retain the existing dwelling located at 804 Line 2
North, Concession 2, South Part of Lot 18 for a maximum time period of one year from
date of execution of the agreement, in order to permit the Township and the landowner
to consider options to retain the historical dwelling. At that in the event no further
decisions of Council are provided before October 8, 2015, the existing dwelling is to be
demolished in accordance with Building Permit 393 -13.
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, Second and Third time, and Passed this 8t" day of October,
2014.
The Corporation of the Township of Oro - Medonte
Hdahes
rk, U.X6 uglas Irwin
Schedule "A" to By -law No. 2014 -162
AGREEMENT
In consideration of receiving a building permit from the Township of Oro - Medonte, We, David
William McFarland and Erin Lynn McFarland, of the Township of Oro - Medonte in the County of
Simcoe, covenant and agree as follows:
1. That we are the registered owners of Concession 2, South Part of Lot 18 being more
particularly described as 804 Line 2 North.
2. That we have applied to the Council of the Corporation of the Township of Oro - Medonte for
permission to temporarily maintain the 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 one year until October 8, 2015 at which time this
agreement expires;
b) That in accordance with Building Permit 393 -13, the existing dwelling is to be
demolished within one month of the expiry of this agreement to the satisfaction of the
Township's Chief Building Official; and
4. That in accordance with Council Resolution Cj410 08- 4, Council has waived the
requirement for funds in the amount of $20,000.00 to be retained by the Corporation of the
Township of Oro - Medonte to ensure the conditions of this Agreement are fulfilled.
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.
114-
Date
David William McFarland, Owner
L
Erin Lynn McFarland, Owner