2015-040 Agreement with Daniel & Cheryl TomkinsonThe Corporation of the Township of Oro-Medonte
By-law No. 2015-040
A By-law to Authorize the Execution of an Agreement by Daniel and Cheryl
Tomkinson to allow for Temporary Residency in a Trailer
Whereas the Municipal Act, 2001, S. 0. 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 February 25, 2015 for an 18 month
period from building permit issuance, with Daniel and Cheryl Tomkinson to temporarily
reside in a trailer at East Part Lot 18, Concession 7, Township of Oro-Medonte
(Medonte), more particularly described as 5964 Line 7 North.
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
That Council authorizes the executed 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 25th day of February,
2015.
The Corporation of the Township of Oro-Medonte
AGREEMENT /AFFIDAVIT
In consideration of receiving a building permit from the Township of Oro -
Medonte, We, Daniel & Cheryl Tomkinson, of the Township of Oro - Medonte
(formerly Township of Medonte) in the County of Simcoe, covenant and agree as
follows:
1. That we are the registered owners of Concession 7, East Part Lot 18,
Township of Oro - Medonte (formerly Township of Medonte, 5964 Line 7
North, (Roll No. 4346 -020- 005 - 02200 - 0000);
2. That we have applied to the Council of the Corporation of the Township of
Oro - Medonte for permission to locate temporarily a trailer 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 1 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/or
b) That on completion of the new dwelling, as evidenced by a
Certificate of Occupancy.
c) That application to the Township of Oro- Medonte for a
Building Permit will be made immediately upon execution of
this By -law.
4. That a Letter of Credit in the amount of $2,500.00 be retained by the
Corporation of the Township of Oro- Medonte until the above - mentioned
agreement is fulfilled to the sole satisfaction of the Township.
a) Failure to comply with the aforementioned agreement 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 after the eighteen month period from permit issuance,
that the Township may remove the trailer for which permission was
granted at the time this agreement was signed, with all costs for so doing
to be assumed by the property owner being Daniel and Cheryl Tomkinson.
7. It is understood that failure to comply with the terms and conditions as set
our herein, shalt 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 Bylaw or Provincial Regulation as may be provided for.
8. 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.
Hated at the Township of Oro- Medonte this D 5 day of �) c y cani , 2015.
Daniel Ken th Tomkinson, Owner
j
he Lynne Tomkinson, Owner
'A 4L
Witness