2020-086 By-law to Authorize the Execution of a Temporary Use By-law Agreement (Garden Suite) Between the Township of Oro-Medonte and Barry and Laura AndersonThe Corporation of the Township of Oro-Medonte
By-law No. 2020-086
A By-law to Authorize the Execution of a Temporary Use By -Law Agreement
(Garden Suite) Between the Township of Oro-Medonte and Barry and Laura
Anderson
On lands described as follows:
North Part Lot 4, Concession 13, Township of Oro-Medonte (Medonte)
County of Simcoe under Section 34 and 39 of the Planning Act, R.S.O. 1990,
c.P.13, as amended
Roll # 4346-020-004-10200
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";
THAT the Mayor and Deputy 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 and in accordance with the
Planning Act, R.S.O. 1990, c.P.13, and is hereby repealed no later than twenty (20)
years from the date of passing of this By-law.
By-law read a First, Second and Third time, and Passed this 9th day of September,
2020.
The Corporation of the Township of Oro-Medonte
ayor, A.S. H hes
_ l�tl.�V c
Cler Y. Aubichon
Schedule "A"
To By -Law No_ 202M86
The Corporation of the
Township of OFo-MedonL-
® Lands 5ugecl To Temporary Use By- aw
This is Schedufe W to By -Law 2020-086
passed the gth day ,of Septem!ber,` 2�020
Mayor
H.S.
es
Qt Y-AubichDn--
Clerk -7 uti�
TftMhl of ans-Medonte
(AppFCatfon Z32]-ZBA-D6)
APPENDIX "B" to By-law No. 2020-086
ThisAgreement made the2"d day of September 2020
Between Laura and Barry Anderson
hereinafter called the "Owners"
Of the first part
And
The Corporation of the Township of Oro-
Medonte
Hereinafter called the "Municipality"
Of the second 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 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.
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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 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 2"d day of September, 2040.
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: Barry and Laura Anderson
3908 Line 13 N.
Coldwater, OntarioLOK 1 EO
Municipality: Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, OntarioLOL 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
4
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,
5
In witness where of the parties have hereunder set their hands and seals;
Signed, sealed and delivered in the presence of
/,,Z�
Ba�Ay�erson, Owner
Laura YSder on��
a or, H.S. �fughes
De ty Clerk, �Janette Teeter
This is Schedule "A" to the Agreement Between
Barry and Laura Anderson
and The Corporation of the Township of Oro-Medonte
Description
The North Part of Lot 4, Concession 13, Township of Oro-Medonte, County of Simcoe.
Schedule "A"
To By -Law No. 2020-086
The Corporation of the
Township of Oro-Medonte
® Lands Subject To Temporary Use B yaaw