HomeMy WebLinkAboutTWP 96 018 Agree -Garden Suite
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THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
BY-LAW 96-18
A BY-LAW TO AUTHORIZE
THE SIGNING OF AN AGREEMENT
BETWEEN BUELAH MUNRO
AND
THE CORPORATION OF
THE TOWNSHIP OF KINCARDINE
WHEREAS the Township of Kincardine pursuant to the provislons of
Section 39 of the Planning Act R.S.O. 1990 as amended, has the
power to pass a By-Law to authorize the use of a Garden suite.
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ARC WHEREAS the Council for The Corporation of the Township of
Kincardine deems it necessary to enter into an agreement with
Buelah Munro to authorize the temporary use of a Garden suite
pursuant to section 207.2 of the Municipal Act R.S.O. 1990, in
respect of that Garden Suite.
ROW THEREFORE the Council for The Corporation of the Township of
Kincardine ENACTS as follows:
1. THAT the Corporation of the Township of Kincardine enter
into an agreement with Buelah Munro for the temporary use of
a Garden suite.
2. That the Reeve and Clerk-Treasurer be authorized to sign, on
behalf of The Corporation of the Township of Kincardine, the
Agreement with Buelah Munro which is attached to this By-Law
and to affix the Township's Corporate seal as and when
required.
3. The By-Law shall come into full force and effect upon the
parties signing the Agreement, and third and final reading
of the By-Law.
4. This By-Law may be cited as the "Bue1ah Munro Garden suite
By-Law" .
READ a FIRST and SECOND time, this /¿ ~ay of /A/"AM~~./, 1996.
READ a THIRD and FINALLY PASSED this L day Of~/'/~, 1996.
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GARDEN SUITE AGREEMENT
THIS AGREEMENT, made in triplicate, THE ;;r:J,) DAY OF J..'bn"",,¿., h/
1996
BETWEEN: Buelah Munro
Hereinafter called the "Owner"
OFTHE FIRST PART
AND: THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
Hereinafter called the "Township'
OF THE SECOND PART
WHEREAS the Township, pursuant to the provisions of Section 39 of the Planning
Act, R.S.O., 1990, as amended, has the power to pass a By-law to authorize the
temporary use of a Garden Suite, as that term is defined pursuant to the provisions of
Section 39 of the Planning Act, R.S.O. 1990 (hereinafter referred to as a "Garden
Suite");
AND WHEREAS as a condition of passing a By-law authorizing the temporary use of
a Garden Suite, the Township may require the Owner of the Garden Suite or any
other person to enter into an Agreement with the Township under Section 207.2 of
the Municipal Act, R.S.O. 1990, in respect ofthat Garden Suite;
AND WHEREAS the Township pursuant to the provisions of Section 207.2 of the
Municipal Act, R.S.O. 1990 passed By-law No. 'It, - J It authorizing it to enter into
an Agreement with the Owner in respect of the Garden Suite to be erected on the
lands of the Owner, more particularly described on Schedule "A" attached hereto (the
Lands);
AND WHEREAS the Township requires the Owner to enter into this Agreement
regarding the Garden Suite;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the
sum of one Dollar ($1.00) now paid by each party to the other, the receipt of which is
hereby acknowledged, and of the mutual covenants contained in this Agreement the
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Owner and the Township agree as follows:
1.
This Agreement affects the Lands and shall enure to the benefit of and be
binding upon the parties hereto, their respective successors and assigns. The
Owner hereby consents to the registration of this Agreement by the Township
against the title to the Lands, at the sole cost of the Owner.
2. The Owner hereby agrees to obtain all required municipal approvals and
comply with all applicable Zoning By-laws, Regulations, Building Code
Requirements and approvals required by applicable government authorities,
which may be required prior to the placement of a Garden Suite on the Lands.
3. The Owner shall pay to the Township forthwith upon the execution of this
Agreement all applicable Municipal fees including building permit fees, and
such development charges as may be payable in accordance with the
provisions of the Township's Development Charges Act By-law, as amended
from time to time.
4.
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Subject to the provisions of any By-laws enacted by the Township respecting
the repair and maintenance of properties, the Owner shall repair and maintain
the Garden Suite, at all times, to the satisfaction of the Township together with
the immediate site of the Garden Suite.
5. The Owner agrees to construct and maintain the Garden Suite to the
satisfaction of the Township in accordance with Municipal approvals. Any
structural changes to the Garden Suite and/or immediate site of the Garden
Suite must be first approved in writing by the Township. Amendments to this
Agreement may be required.
6. The Owner agrees that the sole occupant of the Garden Suite shall be the
person listed below:
Full Name of Occupant
Relationship to the Owner
Buelah Munro
Owner
7.
It is hereby understood and agreed that the Township will have no
responsibility to install any extension to Municipal Services or to provide for
any connections to Municipal Services to the Garden Suite.
8. The Owner agrees to remove the Garden Suite, at his sole expense, from the
Lands within three (3) months from the date when the Garden Suite is no
longer occupied by the occupant set out in paragraph 6 of this Agreement, or
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immediately upon the sale of the Land to another party, or the expiry of the
Temporary Use By-law authorizing the temporary use of the Garden Suite, or
any renewals thereof, whichever occurs first. Upon the removal of the Garden
Suite the Owner shall also remove all services and facilities for the Garden
Suite and the site shall be graded and landscaped so that it is returned to pre-
garden suite condition. In the event that the Owner fails to remove the Garden
Suite within the said time, the Township may enter upon'the Lands and
remove the Garden Suite and charge the cost thereof, together with an
administrative fee of 30% of the cost of such work to the Owner, who shall pay
the same forthwith upon demand by the Township.
9.
The Owner shall be released from any and all obligations contained herein
upon the removal of the Garden Suite from the Lands and payment of any and
all outstanding fees owing to the Township by the Owner, at which time the
Township agrees that it shall sign a Release delivered to it, prepared by the
Owner, in a form to be registered on title to the Lands, at the sole expense of
the Owner.
10. Any notice to be given hereunder shall be in writing to all other parties and
either delivered personally or sent by prepaid registered mail, and in the latter
case shall be deemed to have been given three (3) business days following
the date upon which it was mailed. The address of the parties for the purpose
hereof shall be:
to the Owner at:
Buelah Munro
R.R. #1
Tiverton, Ontario
NOG 2TO
to the Township at:
Muriel Eskrick
Clerk-Treasurer
P.O. Box 14
Kincardine, Ontario
N2Z 2X6
11.
All fees to be paid by the Owner to the Township, pursuant to the terms of this
Agreement, shall be paid forthwith on the date of billing by the Township and
in the event of failure to so pay, the Township may charge interest calculated
at a rate per annum equal to 3% above the rate charged from time to time by
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the Banker of the Township to the Township. Any sum paid shall be applied
firstly in payment of the interest charges which have accrued pursuant to the
terms of this paragraph and the balance shall be applied in reduction of the
principal amount of any fees then outstanding in accordance with the terms of
this Agreement.
12.
All fees payable to the Township by the Owner in accordance with the
provisions of this Agreement shall be recoverable as Municipal Taxes
pursuant to the provisions of the Municipal Act, R.S.O., as amended from time
to time.
13.
This Agreement shall be read with such changes of gender and number as the
context may require.
IN WITNESS WHEREOF the parties hereto have affixed their respective hands and
seals and the Corporation of the Township of Kincardine has hereto affixed its
Corporate Seal duly assisted to by it Reeve and Clerk.
SIGNED SEALED AND DELIVERED ) The Corporation of the Township of
Kincardine
In the Presence of
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) Reeve
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) Clerk
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SCHEDULE "A"
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All and Singular that certain parcel or tract of land and, premises situated, lying and
being on West Half of Lot 2. Concession 10. Township of Kincardine, County of
Bruce, deposited within the Registry Office for the County of Bruce.
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