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2018-057 Agreement between the Township of Oro-Medonte and Carol and John DwinnelThe Corporation of the Township of Oro-Medonte By-law No. 2018-057 A By-law to Authorize the Execution of an Agreement between the Township of Oro-Medonte and Carol and John Dwinnell 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 May 23, 2018, for a 36 month period from the date of building permit issuance, with Carol and John Dwinnell to temporarily reside in the existing dwelling which will be demolished after the completion of the new dwelling at 228 Drury Mill Road, Concession 3, North Part of Lot 14, 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 23rd day of May, 2018. The Corporation oythe Township of Oro-Medonte AGREEMENT In consideration of receiving a building permit from the Township of Oro-Medonte, We, John Stephen Wayne Dwinnell and Carol Elizabeth Dwinnell, 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 3, North Part of Lot 14, being more particularly described as 228 Drury Mill Road. 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 a term of 36 months 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 demolished within one month to the satisfaction of the Township's Chief Building Official. 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. May 23, 2018 Carol Elizabeth Dwinnell X'Steplrlen 7ayne Dwinnell Schedule "A" to By-law No. 2018-057 for The Corporation of the Township of Oro-Medonte AGREEMENT In consideration of receiving a building permit from the Township of Oro-Medonte, We, John Stephen Wayne Dwinnell and Carol Elizabeth Dwinnell, 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 3, North Part of Lot 14, being more particularly described as 228 Drury Mill Road. 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 a one year 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 demolished within one month to the satisfaction of the Township's Chief Building Official. 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. May 23, 2018 Carol Elizabeth Dwinnell 7 epTienryne Dwinnell