2015-134 Allow Temporary Use for a Garden Suite - DoughertyThe Corporation of the Township of Oro-Medonte
By-law No. 2015-134
A By-law to allow a Temporary Use for a Garden Suite
by William and Caren Dougherty
On lands described as follows:
Concession 14, East Part Lot 9, Registered Plan 51 R35511, Part 1 (Oro)
Township of Oro-Medonte, County of Simcoe
under Section 34 an 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended
Roll No. 4346-010-005-42010
Whereas an application has been submitted to the Township of Oro-Medonte to
establish a temporary use;
And Whereas the Official Plan for the Township of Oro-Medonte contains certain
policies which allow for the establishment of temporary uses;
And Whereas Section 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended, in
accordance with Section 34, provides the authority to establish temporary uses;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. Notwithstanding the permitted uses of By-law 97-95, as amended, as they apply
to lands described as Concession 14, East Part Lot 9, Registered Plan
51 R35511, Part 1 (Oro), as shown on Schedule "A" attached hereto, these lands
may be used for a "Garden Suite".
2. Schedule "A" and Appendix "B" attached hereto forms part of this By-law.
3. This By-law is enacted by Council and in accordance with the Planning Act,
R.S.O. 1990 c.P.13, will take effect from the date of passing of the By-law and
hereby repealed 10 years from the date of passing of this By-law.
By-law read a First, Second and Third time, and Passed this 16th day of July,
2015.
The Corporation of,the Township of Oro-Medonte
H
Deputy Clerk, Janette Teeter
Schedule "A"
to By-law No. 2015-134 for
The Corporation of the Township of Oro-Medonte
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® Subject Lands
APPENDIX "B" to By-law No. 2015-134
This Agreement made the 16th day of July, 2015
Between
Jason John Read and
Constance Irene Read
hereinafter called the "Owners"
of the first part
And
William James Dougherty and
Caren Elizabeth Dougherty
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
"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;
Not 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.
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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 130th 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 16th day of July, 2025.
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
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the amount of $2500.00, which may be applied by the Municipality in
reduction of the costs incurred as set out above.
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: Jason and Constance Read
1004 Line 14 North R.R. 1
Orillia, Ontario L3V 61-11
Occupant: William and Caren Dougherty
1004 Line 14 North R.R. 1
Orillia, Ontario L3V 61-11
Municipality: Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, Ontario LOL 2EO
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.
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;
M
(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
Jason n Read, Owner
�- tod
Constance Irene Read, Owner
VVil ' Jame ou4fierty, Occupant
C4-4-XAQZ3!% iz'? -A L'. V ajUZ -
Caren Elizabeth Dqljgherty, Occupant
The Corporation of the Township of
Oro-Medonte
Per.
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This is Schedule "A" to the Agreement Between
Jason and Constance Read
and The Corporation of the Township of Oro-Medonte
Description
Part of the East Half of Lot 9, Concession 14, Township of Oro-Medonte, County
of Simcoe and Designated as Part 1, Reference Plan 51R35511, being all of PIN
58538-0028