2019-023 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 and to Repeal by-law No. 2018-057The Corporation of the Township of Oro-Medonte
By-law No. 2019-023
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
and to Repeal By -Law No. 2018-057
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, to permit a second dwelling on a lot for a
temporary period of 36-months, with Carol and John Dwinnell with respect to a property
at 228 Drury Mill Road, Concession 3, North Part of Lot 14, (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;
That By-law No. 2018-057 is hereby repealed in its entirety.
3. This by-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 6th day of March,
2019.
The Corporation of the Township of Oro-Medonte
,H
D60uty Clerk, J. Teeter
Schedule "A"
to By-law No. 2019-023 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:
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1. That wt &M the registered owners of Concession 3, North Part of Lot 14, being more
particularly described as 228 Drury Mill Road.
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2. That tWhave applied to the Council of the Corporation of the Township of Oro-
Medonte for permission to temporarily reside in our existing (old) 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 Upon execution of this Agreement, the previous Agreement dated May 23, 2018
is hereby replaced and superseded, effective as of the date hereof.
4. That whereby 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 the date of the
issuance of a building permit (January 28, 2019), being that such term shall
expire on January 28, 2022; and
b) That by no later than February 28, 2022 (one month following expiry of the
aforementioned 36 month term) the existing (old) dwelling is to be demolished
to the satisfaction of the Township's Chief Building Official.
5. 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.
6. That wE hereby agree to the terms and conditions set out above.
7. 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.
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8. W 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.
Dated this 6th day of March 2019