2005-031 Execution of a Temporary Use By-Law Agreeemnt between Township and West Half of Lot 2 and Con 8
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-31
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A
TEMPORARY USE BY-LAW AGREEMENT (GARDEN SUITE)
BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND
MONTGOMERY AND TRACEY CHILDS AND ELSIE GILCHRIST
WEST HALF OF LOT 2, CONCESSION 8,
(FORMERLY TOWNSHIP OF ORO),
TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE
WHEREAS Section 39(1.2) of The Planning Act, R.S.O 1990 c.P. 13, as amended
provides for the entering into of an agreement to authorize the temporary use of a
garden suite;
AND WHEREAS Council deems it necessary to enter into an agreement on the lands
described herein;
AND WHEREAS Council for the Corporation of the Township of Oro-Medonte
established Temporary Use By-law policies in the Official Plan for the Township;
NOW THEREFORE the Council for the Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. That the Township enter into the Temporary Use By-law Agreement attached hereto
as Appendix 'A' on lands described on the attached Schedule 'A' to the Agreement;
2. That the attached Appendix "A" and Schedule 'A' to the Agreement form part of this
By-law;
3. That the Mayor and Clerk are hereby authorized to execute the Temporary Use By-
law Agreement on behalf of the Corporation of the Township of Oro-Medonte;
4. That this By-law shall come into force and take effect upon being enacted by
Council.
BY-LAW READ A FIRST AND SECOND TIME THIS 6th DAY OF APRIL, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 6th DAY OF APRIL,
2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
I J~
<
, Appendix "A" to
By-Law No. 2005-031
THIS AGREEMENT made the 16th day of _ MJ!rch, 2005
BETWEEN: MONTGOMERY AND TRACEY
CHILDS
hereinafter called the "Owner"
OF THE FIRST PART
AND
ELSIE GILCHRIST
hereinafter called the "Occupant"
OF THE SECOND PART
AND
THE CORPORATION OF THE
TOWNSHIP OF ORO-
MEDONTE
hereinafter called the
"Municipality"
OF THE THIRD PART
WHEREAS the Council of the Municipality has received an Application to temporarily
re-zone a parcel of land as more particularly described in Schedule" All attached hereto
(the "Subject Lands"), pursuant to Sections 34 and 39 of the Planning Act, R. S.O, 1990,
as amended, to authorize the Temporary use of a Garden Suite;
AND WHEREAS pursuant to subsection 39 (1.2) ofthe Planning Act, the Council of the
Municipality may require the owner of the Garden Suite, or any other person to enter into
an Agreement with the Municipality under. Section 207.2 of the Municipal Act;
AND WHEREAS the lands are being purchased by the owner and the owner and the
occupant have consented to enter into this Agreement with the municipality under the
terms and conditions hereinafter set forth, as a condition of the transfer of the rights and
obligations of the temporaI)' use by-law;
AND WHEREAS the owner and the occupant have consented to enter into an
Agreement with the municipality under the terms and conditions hereinafter set forth, as a
condition of the temporary re-zoning to authorize the use of a Garden Suite upon the
Subject Lands;
NOW THEREFORE consideration of the temporaI)' re-zoning of the subject lands, the IJ
Owner and the Occupant hereby covenant and agree with the Municipality ~l-f..{
MAR 1 7 2005
C:\Documents and Setlings\monty\Desldop\childs Garden Suite Agreement (3}.doc ORO-MEDONTE
TOWNSHIP
.
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1. DEFINITIONS
1.1 "Garden Suite" means a one unit detached residential structure containing
bathroom and kitchen fucilities that is ancillaI)' to an existing residentilit
structure and that is designed to be portable.
1.2 "Permitted TemporaI)' Use" means one modular home, used as a Gardtm
Suite, in accordance with the terms of this Agreement and the provisions of
the TemporaI)' Use By-law,
1.3 "TemporaI)' Use By-law" means the by-law passed by the Municipality
pursuant to Sections 34 and 39 ofthe Planning Act to authorize the
permitted temporaI)' use upon the subject lands.
2. USE. INSTALLATION. MAINTENANCE AND REMOVAL OF GARDEN
SUITE
2,1 The Owner and Occupant shall be responsible, at their sole cost for the
installation and maintenance of the Garden Suite upon the subject Lands in
accordance with the by-laws of the Township in effect ITom time to time,
Including but not limited to the TemporaI)' Use By-law, and all applicable
Federal and Provincial legislation.
2.2 Subject to the terms of this Agreement and the Temporary Use By-law, the
pennitted temporaI)' use may be carried on upon the Subject Lands ITom the
date of the commencement of the Term of this Agreement, as hereinafter
defined.
2.3 The Owner and Occupant shall remove the Garden Suite ITom the suhject
lands on or before tbe earlier of.
(a) in the event of default by the Owner or Occupant under -the terms of
this Agreement or the provisions of the Temporary Use By-law, the
30th day following written notice 1T0m the Township of the
termination of this Agreement;
(b) the last day of the Term of this Agreement.
2.4 In the event that the Owner and occupant fail to remove the Garden Suite
ITom the Subject hands in accordance with the provisions of this
Agreement, the Municipality may enter upon the Subject Lands to remove
tJw ,G,arden Suite, and all costs incurred by the Municipality in connection
therewith shall be recoverable ITom the Owner pursuant to the provisions
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of Section 326 of the Municipal Act, c.M_ 4S, R.S.O. 1990, as amend~,
whereby the costs incurred will be added to the tax roll and collected fu a
like manner as taxes.
3. TERM
3.1 The Tenn of this Agreement shall commence ITom the date of executimt &y the
Township and expiring on the day immediately proceeding the 3rd day of May,
2010.
4_ OCCUPANCY OF GARDEN SUITE
4.1 The Owner and Occupant shall not permit the Garden Suite to be occupied
by any person other than the Occupant.
S. DEFAULT AND TERMINATION
5.1 In the event of default by the Owner or the Occupant under the terms of
this Agreement, which defuult shall not have been cured by the Owner or
Occupant within 30 days of written notice of default ITom the Municipality,
the Municipality shall have the right to terminate this Agreement on 30
days notice in writing to the owner and Occupant.
5.2 In the event of termination of this Agreement, the rights of the Owner and
Occupant to continue the permitted temporaI)' use shall immediately cease,
and the Municipality shall be entitled to repeal the TemporaI)' Use By-law
without further notice to the Owner or Occupant_
6. EXPENSES OF THE MUNICIPALITY
6.1 Every provision of this Agreement by which the owner or occupant is
obligated in any way shall be deemed to include the words "at the expense of
the Ownet or Occupant" as the = may be, unless the context othe'rwf:>e
reqUIres.
6.2 The Owner and Occupant shall be responsible for and shall pay to the
Municipality on demand all costs incurred by the Municipality in connection
with the preparation and enforcement of this Agreement and the Temporary
Use By-law.
6.3 The Owner and Occupant shall, on or before the execution of this
Agreement by the municipality, file with the Municipality a deposit in the
amount of$25oo.oo, which may be applied by the Municipality in reduction
of the costs incurred as set out above.
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6.4 All costs and expenses exceeding the said $ 2500_00 deposit shall be
recoverable rrom the owner as described in Section 2.4.
7. NOTICE
All Notices to be given hereunder may be given by registered letter addressed to:
Owner: Montgomery and Tracey Childs
3193 Line 7 North
R. R. #2
Oro Station,ON LOL 2E0
^,,^'.'.........
Occupant: /F:lsie Gilchrist
3193 Line 7 North
R. R. #2
Oro Station,9N LOL 2EO
Municipality: Township ofOro-Medonte
148 Line 7 South
P_O_ Box 100
Oro,ON LOL 2XO
or such other address as the parties may respectively rrom time to time designate in
writing, and any such Notice shall be deemed to have been given to and received
by the addressee three (3) days after the mailing thereot: postage prepaid and
registered.
8. SEVERABILITY
8.1 Any provision of this Agreement which is found to be invalid or
unenforceable under tbe laws of the Province of Ontario by a court of
competent jurisdiction, to the extent such provision is invalid or
unenforceable, shall be deemed severable and shall not affect any other
provision of this Agreement.
9_ NO ASSIGNMENT
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9_1 This Agreement, and the rights and obligations arising under it, may not be
assigned by the owner or the Occupant without the prior written consent of
the Municipality.
10. ESTOPPEL
10.1 The Owner, Occupant and the Municipality will not call into question
directly or indirectly in any proceeding in law or in equity or before any
administration or other trihuna1, the right of the other parties to enter in
this Agreement and to enforce every term, covenant and condition of it.
The law of contract applies to this Agreement and the parties are entitled
to all remedies arising rrom it. This provision may be pleaded by the
parties in any action or proceeding as an estoppel of any denial of such
right.
lL INDEMNIFICATION FROM LIABILITY AND RELEASE
lL1 The owner and Occupant covenant and agree with the municipality, on
behalf of themselves, their permitted successors and assigns, to indemnifY
and save harmless the Municipality, its servants and agents rrom and
against any and all actions, suits, claims and demands whatsoever which
may arise either directly or indirectly in connection with this Agreement.
lL2 The Owner and Occupant further covenant and agree to release and
forever discharge the Municipality rrom and against all claims, demands,
causes of actions, of every nature and type whatsoever that may arise as a
result of any action taken by the municipality under the terms of this
Agreement
12_ INTERPRETATION
12_1 In the interpretation of this Agreement, unless the context indicates a
contraI)' intention:
(a) the obligations of more than one party will be joint and several,
(b) words denoting the singular include the plural and vice versa and
words denoting any gender include all genders;
(c) headings are for convenience only and do not affect interpretation;
(d) reference to Sections and Schedules are to sections and schedules of
this Agreement and the Schedules form part of this Agreement, and
.
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(e) this Agreement may be executed in any number of counterparts, each
of which will be deemed an original but which together will
constitute one instrument.
IN WITNESS WHEREOF the parties have hereunder set their hands and seals.
SIGNED, SEALED AND DELIVERED
in the presence of J
/~- ~
, "-
Tracey Childs, Owner
Montgomery hildi; - Power of Attorney
for Elsie Gilchrist, Occupant
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Per:
/
'OL~~ P~,~nf
!i !I
Marilyn PeMycooke, C~rk
.
"
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THIS IS SCHEDULE" A" TO THE AGREEMENT BETWEEN MONTGOMERY AND
TRACY CHILDS AND THE CORPORATION
OF THE TOWNSHIP OF ORO-MEDONTE.
DESCRIPTION
Concession 8, West Half of Lot 2, Township ofOro-Medonte (formerly Township of
Oro), County of Simcoe