Body: Council Type: By-law Meeting: Regular Date: 2010 Collection: By-laws Municipality: South Frontenac
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Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2010-46
BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE A TEMPORARY USE BY-LAW AGREEMENT BETWEEN CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC AND WIL AND CONNIE KELLER
WHEREAS an Agreement has been prepared to the satisfaction of the Township of South Frontenac and the proponent for the temporary use of property described as Part of
Lot 2, Concession V, Loughborough District;
AND WHEREAS the Municipal Act 2003 as amended, permits a municipality to pass a by-law to enter into an agreement as the municipality considers appropriate
t.
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUT FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
THAT the Mayor and the Clerk are hereby authorized to execute a Temporary Use Agreement between the Corporation of the Township of South Frontenac and Will
and Connie Keller, a copy of which is attached hereto and forms part of this bylaw.
- THAT this By-law and Agreement shall be registered on title of the property.
- THIS BY-LAW shall come into force and effect in accordance with section 10(1) of the Municipal Act 2003 as amended, either upon the date of passage or as otherwise provided by the said section 10(1).
Dated at the Township of South Froutenac this fifteenth day of June, 2010. Read a first and second time this fifteenth day of June, 2010. Read a third time and finally passed this fifteenth day of June, 2010. THE CORPORATION OF THE TOWNSHIP OJ SOUTH FRONTENAC
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^ Gary JJ^vison, Mayor
^ Wayn^Oriy^le
mhustrator
TEMPORARY USE AGREEMENT
THIS AGREEMENT MADE IN TRIPLICATE THIS FIFTEENTH DAY OF JUNE, 2010.
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Hereinafter called “the Municipality” OF THE FIRST PART -ANDWILL AND CONNIE KELLER
Hereinafter called “the Owners” OF THE SECOND PART
WHEREAS THE Owners own in fee simple the land described in Schedule “A” to this agreement which hereinafter shall be referred to as “the land”.
AND WHEREAS the Owners have requested that the Municipality amend Zoning Bylaw No. 2003-75 the Comprehensive Zoning By-law for the Township of South Frontenac, to permit the land to be developed in accordance with their application; AND WHEREAS, as a condition of passing the By-law allowing a temporary second dwelling on the land Council requires the owners of the land to enter into an Agreement with the Municipality; AND WHEREAS in this Agreement, a “temporary second dwelling” means a, self-
contained residential household which contains one dwelling unit that is ancillary to an existing residence and represents a form of accommodation appropriate for a family
member(s) who is capable of a degree of independent living, but who requires support from the occupants of the principal dwelling; NOW THEREFORE the Owners covenant and agree with the Municipality as follows: 1.
This Agreement establishes the conditions for a temporary second dwelling use as it affects the land described in Schedule “A” hereto, hereinafter s referred to as “the
land”, and the Owners hereby consent to the registration of this Agreement against the title to the land. 2.
For the purposes of this Agreement, development will be as defined in section 41 of the Planning Act, R.S.O., 1990, as amended.
After the land is developed in accordance with a Temporary Use By-law amendment, the Owner agrees to maintain it as developed. Any changes to the temporary second dwelling and/or the immediate site of the temporary second dwelling must first be approved in writing by the Municipality. Amendments to this Agreement and associated plot plan may be required.
The Owners will permit the temporary second dwelling installed on the land pursuant to their development application, to be occupied only by William Keller and Mary Keller. Any subsequent occupancy by other individuals is not
permitted, without the written authorization from the Municipality and an Amendment to this Agreement.
- The Owners agree to remove all kitchen appliances and any provisions for
installation of such appliances, from second dwelling area upon the expiration of the Temporary Use By-law on June 15, 2013 (or extensions thereto) or when the need for occupancy of the dwelling ceases, which ever event occurs first.
6. The Owners covenant and agree that, prior to the sale of the land to any other party, all kitchen appliances and provisions for installation of such appliances will be removed so that the area no longer constitutes a second - dwelling or, alternatively, they will have this Agreement amended and approved by Council to stipulate the new ownership.
If the kitchen facilities are not removed from the second dwelling structure as required by the terms of this Agreement, the Municipality is hereby authorized to carry out such removal.
The Owners shall be released from all obligations contained herein upon removal of the kitchen appliances and connection facilities from the temporary second dwelling area. At that time, the Municipality shall execute a Release in a
registerable form to be registered on title.
- All facilities and matters required by this Agreement shall be provided and maintained by the Owners at their sole risk and expense to the satisfaction of the
Municipality and in accordance with the standards determined by the Municipality and in default thereof and without limiting other remedies available to the Municipality, the applicable provisions of the Planning Act R.S.O., 1990,
Building Code, as amended, and the Municipality’s Comprehensive Zoning Bylaw as amended.
- This Agreement shall enure to the benefit of, and be bmding upon, each of the parties hereto and it’s his or her respective heirs, executors, administrators, successors, successors in title and permitted assigns. IN WITNESS WHEREOF the parties hereto have hereunder set theu: hands and seals the day and year first above written, and the corporate parties hereto have hereunto affixed their corporate seals attested to by the hands of their proper officers duly authorized in that behalf. ^ f
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L KELLER ^ ^ NNIE KELLER
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OUGHBOROUGH DISTRICT
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