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2011-118 Execution of Temporary Use Ronald and Lorna SommersTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -118 A By -law to Authorize the Execution of a Temporary Use By -Law Agreement (Garden Suite) Between the Township of Oro - Medonte and Ronald and Lorna Sommers On lands described as follows: Part of the East Part Lot 17, Concession 8, Plan 51 R- 15953, Part 1 (Oro), Township of Oro - Medonte, County of Simcoe, (Municipally known as 560 Line 8 North) Roll # 4346- 010 - 003 -39001 WHEREAS Section 39. 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, 1994, c.2, s.44 (1), and 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 "B ", on lands described on the attached Schedule "A "; 2. THAT the Mayor and Clerk are hereby authorized to execute the Temporary Use By- law Agreement, and amendments, on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Schedule "A" and Appendix "B" form 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, SECOND AND THIRD TIME, AND PASSED THIS 13 DAY OF JULY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE r, M.b. tug �qm irA Schedule 'A' to By -Law No. 2011 -118 This is Schedule W to By -Law 2011 -11 S passed the 13"' day J y, 2 11. Mayor ., .S. Hughes Clerk J. Dou a Irwin 5 / 16- SIDEROA _ SUBJECT PROPERTY (560 Line 8 North) L , - , 0 = I. - -- - - - - -- �u ��H I I I 11- TOWNSHIP OF ORO- MEDONTE �w LU w z z J J SUBJECT PROPERTY (560 Line 8 North) L , - , 0 = I. - -- - - - - -- �u ��H I I I 11- TOWNSHIP OF ORO- MEDONTE APPENDIX "B" to By -law No. 2011 -118 THIS AGREEMENT made the 13th day of July, 2011, and amended the 19th day of January, 2012. BETWEEN: BRENDA JOYCE LUCAS AND ANTHONY LUCAS hereinafter called the "Owners" OF THE FIRST PART AND AND RONALD WAYNE SOMMERS AND LORNA MARIE SOMMERS hereinafter called the "Occupant" OF THE SECOND PART 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 "A" attached hereto (the "Subject Lands "), pursuant to Sections 34 and 39 of the Planning Act, R. S.0, 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 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 temporary 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 temporary re- zoning of the subject lands, the Owner and the Occupant hereby covenant and agree with the Municipality as outlined in this Agreement. 2 DEFINITIONS 1.1 "Garden Suite" means a one unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable. 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 of the 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 of the 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 of the termination of this Agreement; (b) the 1 80th day following the date of death of the Occupant; or: (c) 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 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 3 of Section 326 of the 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. 3. TERM 3.1 The Term of this Agreement shall commence from the date of execution by the Township and expiring on the day immediately preceding the 13th day of July, 2 02 1. 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. 5. DEFAULT AND TERMINATION 5.1 In the event of default by the Owner or the Occupant under the terms of this Agreement, which default shall not have been cured by the Owner or Occupant within 30 days of written notice of default from 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 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. El 6.4 All costs and expenses exceeding the said $ 2500.00 deposit shall be recoverable from 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: Brenda and Anthony Lucas 560 Line 8 North R.R. 2 Oro Station, Ontario LOL 2E0 Occupant: Ronald and Lorna Sommers 560 Line 8 North R.R. 2 Oro Station, Ontario LOL 2E0 Municipality: Township of Oro - Medonte 148 Line 7 South P.O. Box 100 Oro, Ontario LOL 2X0 or such other address as the parties may respectively from 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 thereof, postage prepaid and registered. 8. 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 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. 5 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 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 tribunal, 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 from it. This provision may be pleaded by the parties in any action or proceeding as an estoppel of any denial of such right. 11. INDEMNIFICATION FROM LIABILITY AND RELEASE 11.1 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 from and against any and all actions, suits, claims and demands whatsoever which may arise either directly or indirectly in connection with this Agreement. 11.2 The Owner and Occupant further covenant and agree to release and forever discharge the Municipality from 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 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; (d) reference to Sections and Schedules are to sections and schedules of this Agreement and the Schedules form part of this Agreement, and A (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 Brenda Lucas, Owner Per: Lorna Sommers, Occupant THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Vughes 7 THIS IS SCHEDULE "A" TO THE AGREEMENT BETWEEN BRENDA AND ANTHONY LUCAS AND THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE. DESCRIPTION Part of the East Part of Lot 17, Concession 8, being Part 1 on Plan 51R- 15953, Township of Oro - Medonte (formerly Township of Oro), County of Simcoe, municipally known as 560 Line 8 North. APPENDIX "B" to By -law No. 2011 -118 THIS AGREEMENT made the 13th day of July, 2011. BETWEEN: RONALD WAYNE SOMMERS AND LORNA MARIE SOMMERS hereinafter called the "Owners" OF THE FIRST PART AND 0001 RONALD WAYNE SOMMERS AND LORNA MARIE SOMMERS hereinafter called the "Occupant" OF THE SECOND PART 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 "A" attached hereto (the "Subject Lands "), pursuant to Sections 34 and 39 of the Planning Act, R. S.0, 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 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 temporary 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 temporary re- zoning of the subject lands, the Owner and the Occupant hereby covenant and agree with the Municipality as outlined in this Agreement. 2 DEFINITIONS 1.1 "Garden Suite" means a one unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable. 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 of the 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 of the 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 of the termination of this Agreement; (b) the 180th day following the date of death of the Occupant; or: (c) 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 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 of the 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. 3. TERM 3.1 The Term of this Agreement shall commence from the date of execution by the Township and expiring on the day immediately preceding the 13th day of July, 2021. 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. DEFAULT AND TERMINATION 5.1 In the event of default by the Owner or the Occupant under the terms of this Agreement, which default shall not have been cured by the Owner or Occupant within 30 days of written notice of default from 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 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. 4 6.4 All costs and expenses exceeding the said $ 2500.00 deposit shall be recoverable from 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: Ronald and Lorna Sommers 560 Line 8 North R.R. 2 Oro Station, Ontario LOC 2E0 Occupant: Ronald and Lorna Sommers 560 Line 8 North R.R. 2 Oro Station, Ontario LOC 2E0 Municipality: Township of Oro - Medonte 148 Line 7 South P.O. Box 100 Oro, Ontario LOL 2X0 or such other address as the parties may respectively from 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 thereof, postage prepaid and registered. 8. 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 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. 5 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 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 tribunal, 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 from it. This provision may be pleaded by the parties in any action or proceeding as an estoppel of any denial of such right. 11. INDEMNIFICATION FROM LIABILITY AND RELEASE 11.1 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 from and against any and all actions, suits, claims and demands whatsoever which may arise either directly or indirectly in connection with this Agreement. 11.2 The Owner and Occupant further covenant and agree to release and forever discharge the Municipality from 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 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; (d) reference to Sections and Schedules are to sections and schedules of this Agreement and the Schedules form part of this 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 Ronald Sommers, Owner Lorna Sommers, Owner Ronald Sommers, Occupant & el� Lorna Sommers, Occupant THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Per: IW4 /.2 2 Mayor, H. .Hughes C lerk, Dotus Irwin THIS IS SCHEDULE "A" TO THE AGREEMENT BETWEEN RONALD AND LORNA SOMMERS AND THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE. DESCRIPTION Part of the East Part of Lot 17, Concession 8, being Part l on Plan 51 R- 15953, Township of Oro - Medonte (formerly Township of Oro), County of Simcoe, municipally known as 560 Line 8 North.