2016-091 Temporary Use By-Law Agreement (Garden Suite) Randy and Bonnie SheldrakeThe Corporation of the Township of Oro-Medonte
By-law No. 2016-091
A By-law to Authorize the Execution of a Temporary Use By -Law Agreement
(Garden Suite) Between the Township of Oro-Medonte and Randy and Bonnie
Sheldrake
On lands described as follows:
Concession 1, West Part Lot 32 (Oro)
2309 Penetanguishene Road
Township of Oro-Medonte, County of Simcoe
under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended
Roll No. 4346-010-001-07300
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 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. This By-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 1St day of June, 2016.
The Corporation of the Township of Oro-Medonte
, H.S.- H
D putt' Clerk, Janette Teeter
Schedule "A"
to By-law No. 2016-091 for
The Corporation of the Township of Oro-Medonte
.w.
Subject Lands
Schedule "B" to By-law No. 2016-091
This Agreement made the 1St day of June, 2016
Between
Randy Arthur Sheldrake and
Bonnie Jean Sheldrake
hereinafter called the "Owners"
of the first part
And
Margaretha Sheldrake
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.
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
2
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 1St day of June, 2026.
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.
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: Randy and Bonnie Sheldrake
2309 Penetanguishene Road
Barrie, Ontario L4M 4Y8
Occupant: Margaretha Sheldrake
2309 Penetanguishene Road
Barrie, Ontario L4M 4Y8
Municipality: Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, Ontario LOL 2E0
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;
(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
Randy ArNur Sheldrake,
Owner
Bonnie Jean Sheldrake, Owner
x/ , id �- 1
Margar a Sheldrake,
Occupant
The Corporation of the
Township of Oro-Medonte
Per:
This is Appendix "A" to the Agreement Between
Randy and Bonnie Sheldrake
and The Corporation of the Township of Oro-Medonte
Description
PT LT 32 CON 1 EPR ORO AS IN R01 251756; S/T OR014805 ORO-
MEDONTE
Township of Oro-Medonte
County of Simcoe
Being all of PIN 58535-0014