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HomeMy WebLinkAboutTWP 96 018 Agree -Garden Suite . . 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. . 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. ~.¡£~ REEVE 1§'k~~j) ie1. P. ick LERI(- URER , I' i . SEAL I , II I II Ii II II '1 I II II I, ¡! !I " Ii II " II 'I I, 11 11 " I' ,',1 II I II II ,I ¡I II II H " 11 II :¡ II II I :1 II " 11 II I I ¡, I , ¡ ! . . . " ~ ".. ~ , ~ - . . 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 ;... . . . ,,1 . . 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. - 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 . . . .... 4 ',.,...- . . 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 -.:.. ... "... , .. . . . . 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 ¡ pe,ç--L 'i/~,.t.f" ) Reeve ) ) Per: ) Clerk ) ~ ;ßdU / mLLrn/1A ) ) ) ) c:1lukuJ H~ ... y . . SCHEDULE "A" . 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. . .