2002-044 To authorize the execution of a temporary Use By-law Agreement (Garden Suite) between the Township of Oro-Medonte and Roy Charles and Bonnie Lou Hamilton, described as Part of Lot 16, Concession 8
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY -LAW NO. 2002-44
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A
TEMPORARY USE BY-LAW AGREEMENT (GARDEN SUITE)
BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND ROY
CHARLES AND BONNIE LOU HAMILTON, DESCRIBED AS
PART OF LOT 16, CONCESSON 8, RP 51R-22934, PART 1,
TOWNSHIP OF ORO-MEDONTE (FORMERLY TOWNSHIP OF
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 under section 207.2 of the Municipal Act,
1990, c.M.4S, as amended, to authorize the temporary use of a garden suite and Council
deems it necessary to enter into an agreement on the lands described herein;
AND WHEREAS Council for the Corporation of the Township ofOro-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 "I", on lands described on the attached Schedule "A";
2. THAT the Acting 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;
3. THAT the attached schedule "A" and Appendix "I" fonn part of this By-law;
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 17th DAY OF April, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 17th DAY OF
April, 2002.
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
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M1'yor - 1. Neil cr::;J
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THIS AGREEMENT made the /1 day of A-P t./L 2002
BETWEEN:
Roy Charles Hamilton and
Bonnie Lou Hamilton
hereinafter called the "Owner"
OF THE FIRST PART
AND
Elizabeth Louisa Martin
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 ofland 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) of the 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 MunicipaJity under. Section 207.2 of the Municipal Act;
AND WHEREAS the owner and the occupant have consented to enter into an
Agreement with the municipality under the tenns 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 temporary re-zoning of the subject lands, the
Owner and the Occupant hereby covenant and agree with the Municipality as
1. DEFINITIONS
1.1
"Garden Suite" means a one unit detached residential structure containing
bathroom and kitchen faciJities that is ancillary to an existing residential
structure and that is designed to be portable.
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1.2
"Permitted Temporary Use" means one mobile home, used as a Garden
Suite, in accordance with the terms of this Agreement and the provisions
of the Temporary Use By-law.
1.3 "Temporary Use By-law" means the by-law passed by the Municipality
pursuant to Sections 34 and 39 of the Planning Act to authorize the
permitted temporary 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 ofthe Garden Suite upon the subject Lands in
accordance with the by-laws of the Township in effect from time to time,
Including but not limited to the Temporary 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
permitted temporary use may be carried on upon the Subject Lands from the
date ofthe commencement of the Term of this Agreement, as hereinafter
defined.
2.3 The Owner and Occupant shall remove the Garden Suite from the subject
lands on or before the 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 from the Township ofthe
termination of this Agreement;
(b) the 60th day following the date of death of the Occupant; or:
(c) the last day of the Tenn of this Agreement.
2.4
In the event that the Owner and occupant fail to remove the Garden Suite
from the Subject hands in accordance with the provisions of this
Agreement, the Municipality may enter upon the Subject Lands to remove
the Garden Suite, and all costs incurred by the Municipality in connection
therewith shall be recoverable from the Owner pursuant to the provisions
of Section 326 ofthe Municipal Act, c.M. 45, R.S.O. 1990, as amended,
whereby the costs incurred will be added to the tax roll and collected in a
like manner as taxes.
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3. TERM
3.1
The Tenn of this Agreement shall be for a period often years.
commencing rrom the date of passage of the Temporary Use By-law, and
expiring on the day immediately proceeding the 10th anniversary of the
date of passage oft he Temporary Use By-law.
4. OCCUPANCY OF GARDEN SUITE
4.1 The Owner and Occupant shall not pennit the Garden Suite to be occupied
by any person other than the Occupant.
5. DEFAULT AND TERMINATION
5.1
In the event of default by the Owner or the Occupant under the tenns of
this Agreement, which default shall not have been cured by the Owner or
Occupant within 30 days of written notice of default rrom the
Municipality, the Municipality shall have the right to tenninate this
Agreement on 30 days notice in writing to the owner and Occupant.
5.2 In the event oftennination of this Agreement, the rights of the Owner and
Occupant to continue the pennitted temporary use shall immediately
cease, and the Municipality shall be entitled to repeal the Temporary 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 Owner or Occupant" as the case may be, unless the context otherwise
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$2500.00, 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 from the owner as deseribed in Section 2.4.
7. NOTICE
All Notices to be given hereunder may be given by registered letter addressed to:
Owner:
Roy Charles Hamilton and
Bonnie Lou Hamilton
5648 Line 8 North
General Delivery
Moonstone ON
LOK INO
Oceupant:
Elizabeth Louisa (Betty) Martin
5648 Line 8 North
General Delivery
Moonstone ON
LOK INO
Munieipality: Township ofOro-Medonte
148 Line 7 South
P,O, Box 100
Oro,ON LOL 2XO
or such other address as the parties may respectively from time to time designate
in writing, and any such Notiee shall be deemed to have been given to and
received by the addressee three (3) days after the mailing thereof, postage prepaid
and registered.
X. SEVERABILITY
8.1
Any provision of this Agreement which is found to be invalid or
unenforceable under the laws of the Province of Ontario by a eourt 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.
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9. NO ASSIGNMENT
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 ofthc Municipality.
10. ESTOPPEL
10.1 The Owner, Occupant and the Municipality wi11 not call into question
directly or indirectly in any proceeding in law or in equity or before any
administration or other tribunal, thc 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 from it. This provision may be pleaded by the
parties in any action or proceeding as an estoppel of any denial of such
right.
II. INDEMNIFICATION FROM LIABILITY AND RELEASE
11,1 The owner and Occupant covenant and agree with the municipality, on
behalf of themselves, their pennitted successors and assigns, to indemnifY
and save harmless the Municipality, its servants and agents from and
against any and all actions, suits, claims and demands whatsoever which
may arise either directly or indirectly in connection with this Agreement.
I 1.2 The Owner and Occupant further covenant and agree to release and
forever discharge the Municipality from and against all claims, dcmands,
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 thc interpretation of this Agreement, unless the context indicates a
contrary 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;
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(d) reference to Sections and Schedules are to sections and schedules of
this Agreement and the Schedules form part ofthis Agreement, and
(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
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Bonnie Lou Hamilton, Owner
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Elizabeth ouisa Martin, Occupant
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Per:
5). Zze~CA~
1. Neil Craig, }.glill!,Mayor
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Marilyn Pennycook, Cle
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THIS IS SCHEDULE "A" TO THE AGREEMENT BETWEEN (Owner) AND THE
CORPORATION
OF THE TOWNSHIP OF ORO-MEDONTE.
DESCRIPTION OF LANDS
Concession 8, Part of Lot 16, RP 5IR-22934, Part I, Township ofOro-Medonte
(formerly Township ofMedonte), County of Simcoe