HomeMy WebLinkAboutBy-law No. 2022-040THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW 2022-040
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AGREEMENT BETWEEN
TONY AND NETTIE WALL AND THE
COPRORATION OF THE MUNICIPALITY OF BAYHAM
WHEREAS Section 39.1 (1) of the Planning Act R.S.O. 1990 c. P. 13, as amended, provides
that as a condition to passing a By-law authorizing the Temporary Use of a Garden Suite under
subsection 39(1), the Council may require the owner of the Suite or any other person to enter
into an Agreement with the Municipality dealing with such matters related to the Temporary Use
of the Garden Suite as Council considers necessary or advisable;
AND WHEREAS the Municipality of Bayham is desirous to enter into an Agreement with Tony
and Nettie Wall regarding the establishment, placement and removal of a Garden Suite situated
in the Municipality of Bayham, in the County of Elgin, Part Lot 7 & 8 Concession 2 and known
municipally as 54732 Nova Scotia Line;
AND WHEREAS the Owners are agreeable to entering into an Agreement with the Municipality
specifying the terms and conditions under which a Temporary dwelling (Garden Suite) is
permitted.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS
THAT the Mayor and Clerk be and they are hereby authorized and directed to execute
the Development Agreement between The Corporation of the Municipality of Bayham
and Tony and Nettie Wall affixed hereto and forming part of this By-law as Schedule "A"
THAT the executed Agreement be registered at the owner's expense against the land to
which it applies under the Land Titles Registry Elgin No. 11.
READ a FIRST and SECOND time this 2nd day of June 2022.
READ a THIRD time and FINALLY PASSED this 2nd day of June 2022.
MAYOR CLERK
SCHEDULE `A' TO BY-LAW 2022-040
THIS AGREEMENT made in duplicate this 211 day of June 2022.
BETWEEN:
TONY WALL AND NETTIE WALL
Hereinafter called "Owner"
_►Re
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Hereinafter called the "Municipality"
WHEREAS the "Owner" is the Owner of the lands situated in the Municipality of Bayham, in the
County of Elgin, Part of Lot 7 & 8 Concession 2, known municipally as 54732 Nova Scotia Line
(and hereafter referred to as the "Lands");
AND WHEREAS By-law No. Z741-2022, a Temporary Use By-law, pursuant to Sections 34 and
39 of the Planning Act, RSO 1990, Chapter P. 13 to permit a Garden Suite for the Lands is in
force and effect;
AND WHEREAS the Municipality requires the Owner of the Lands to enter into this Agreement
regarding the establishment, placement and removal of the Garden Suite from the Lands;
NOW THEREFORE in consideration of the payment of the sum of TWO DOLLARS ($2.00) by
the Municipality to the Owner, the payment of the sum of TWO DOLLARS ($2.00) by the Owner
to the Municipality, the mutual covenants and Agreements herein contained, and other good
and valuable consideration the receipt whereof is acknowledged by each, the parties hereby
agree and covenant as follows:
1. DEFINITIONS AND INTERPRETATION:
The following words and expressions wherever Used in this Agreement shall have the
meaning ascribed hereto:
1.1 "Chief Administrative Officer" and/or "CAO" means the Chief Administrative
Officer/Clerk of the Municipality;
1.2 "Municipality" means the Corporation of the Municipality of Bayham
3 "Owner" means Tony and Nettie Wall;
4 "Garden Suite" means a one -unit detached residential structure containing a
bathroom and kitchen facilities that is ancillary to an existing residential structure and
is designed to be portable
1.5 "Plan" means the Plans attached hereto as Attachment "A", and;
6 "Section", "subsection", "Paragraph" and "clause" means the specified section,
subsection, paragraph or clause in this Agreement.
2
2. OWNER'S OBLIGATIONS
2.1 The Owner shall pay to the Municipality forthwith upon the execution of this
Agreement all applicable Municipal fees for the establishment of the Garden Suite,
including building permit fees.
2.2 Subject to the provisions of any By-laws enacted by the Municipality respecting the
repair and maintenance of properties, the Owner shall repair and maintain the
Garden Suite and the immediate site of the Garden Suite, at all times, to the
satisfaction of the Municipality.
2.3 The location and structure of the Garden Suite shall be in accordance with the
Building Permit issued to the Owner and the Owner agrees not to make any
structural changes to the Garden Suite and/or immediate site of the Garden Suite
without the prior written approval of the Municipality and to enter into such
amendments to this Agreement as the Municipality may require as conditions of
approval of such changes.
2.4 The Owner agrees that the sole occupant(s) of the Garden Suite shall be the
person(s) listed below:
1. Ashley Wall (daughter) and Eyob Clifford (son-in-law)
2.5 It is hereby understood and agreed that the Municipality will have no responsibility to
install any extension to municipal services or to provide for any connections to
municipal services to the Garden Suite.
3. TERM AND TERMINATION
3.1 The Owner hereby agrees the Temporary Use Zoning By-law Z741-2022 and this
Agreement to permit a Garden Suite will expire on May 19, 2032 (ten-year term).
3.2 If the Owner wishes to extend the term of the Temporary Use By-law beyond the
date set out at paragraph 3.1, above, the Owner shall obtain municipal By-law
approval for an extension of the Temporary Use By-law in accordance to the
Planning Act or any other applicable legislation, including in accordance to the period
of time permitted for an extension to a Temporary Use By-law, not less than sixty
(60) days before the expiration date set out at paragraph 3.1. If no extension has
been granted before the expiration date set out in Section 3.1 above, the temporary
land use is no longer permitted on the subject lands. The Owner agrees to pay any
and all municipal fees applicable to the application to extend the Temporary Use By-
law.
3.3 If an extension of the Temporary Use By-law is granted, then this Agreement shall be
deemed to continue on identical terms as set out herein, subject to any necessary
modifications as to the term of the Agreement, unless and until a new Temporary
Use Garden Suite Agreement is reached by the parties and registered on title to the
Lands or the Garden Suite is removed from the Lands and the Lands are remediated
as described at paragraphs 5.1 and 5.2 of this Agreement.
3.4 This Agreement shall be terminated thirty (30) days after the earliest date of any of
the following occurrences:
i) When the Temporary Use By-law expires,
ii) The Garden Suite is no longer occupied by the occupant(s) set out in paragraph
2.4 of this Agreement, or,
iii) Upon the sale or transfer of the Lands.
4. DEPOSIT
4.1 The Owner shall supply the Municipality with a security deposit refundable upon
compliance in the amount of Three Thousand Dollars ($3,000.00) for the removal of
the Garden Suite and remediation of the Lands in accordance with paragraphs 5.1
and 5.2 of this Agreement. The deposit shall be in the form of a certified cheque,
bank draft or cash to be held by the Municipality.
4.2 The certified cheque or bank draft shall be:
i) From a chartered bank
ii) Expressed to be pursuant to this Agreement
iii) Payable to the Municipality, and
iv) Irrevocable
4.3 The deposit shall be provided at the time of signing of this Agreement and shall be
retained by the Municipality until the Agreement is terminated.
5. REMOVAL OF THE GARDEN SUITE
5.1 The Owner agrees to remove the Garden Suite from the Lands at their sole expense
immediately upon termination of the Agreement,
5.2 The Owner agrees to remove all services and facilities for the Garden Suite and to
grade and landscape the site so that it is returned to pre -Garden Suite condition
upon termination of the Agreement.
5.3 The Owner shall provide the Municipality with a signed Certificate of Compliance,
attached hereto as Attachment "B", when the work described at paragraphs 5.1 and
5.2 of this Agreement has been completed.
5.4 Upon receipt of the Certificate of Compliance, the Municipality shall inspect the
Lands and shall, if the work described at paragraphs 5.1 and 5.2 of this Agreement
has not been completed to the Municipality's satisfaction:
i') Perform such work as is required,
iii) Once the Municipality is satisfied that the work described at paragraphs 5.1 and
5.2 of this Agreement has been completed, refund to the Owner the amount
of the deposit paid pursuant to paragraph 4.1 of this Agreement less the
costs incurred by the Municipality in performing the work described at
paragraphs 5.1 and 5.2 of this Agreement, and,
.1
iii) Once the Municipality is satisfied that the work described at paragraphs 5.1 and
5.2 of this Agreement has been completed, execute the Certificate of
Compliance and provide the Owner with a copy of same;
Or, if the work described at paragraphs 5.1 and 5.2 of this Agreement has been
completed to the Municipality's satisfaction:
i) Execute the Certificate of Compliance and provide the Owner with a copy of
same, and,
ii) Refund to the Owner the full amount of the deposit paid pursuant to paragraph
4.1 of this Agreement.
5.5 This Agreement cannot be transferred or assigned to subsequent Owner of the
Lands.
6. GENERAL
6.1 No amendment to this Agreement unless it is made in writing and executed by all
parties hereto.
6.2 The Owner shall be jointly and severally liable with respect to the payment of any
fee, cost or other payment due to the Municipality pursuant to this Agreement.
IN WITNESS WHEREOF the parties thereto have caused this Agree o be duly executed
as of the date first writtenpbove.
Witness:,
Tony Wall, Owner
Date: . - , - - .: � � i.. , L , - ,
Nettie Wall, Owner
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Date:
Ed Ketchabaw, Mayor
Tho'ma 4Thayer, Clerk
We have the authority to bind the Corporation.
ATTACHMENT "A"
PROPERTY PLAN
(to be added)
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ATTACHMENT "B"
CERTIFICATE OF COMPLIANCE
PROPERTY IDENTIFICATION:
Municipal Address:
Owner:
54732 Nova Scotia Line
Tony and Nettie Wall
This document serves to certify that the Development project on the afore -noted Lands has
been completed in accordance with the terms and conditions of the Development Agreement for
the Garden Suite between the undersigned, as Owner, and the Corporation of the Municipality
of Bayham as dated June 2, 2022, and as authorized by By-law No. 2022 - for the said
Municipality of Bayham.
The undersigned makes this certification declaring it to be true and correct and as if made under
oath.
Dated at , Ontario this day of , 0_
Witness
Signature
Name of Owner (Print)
Address of Owner (Mailing)
Telephone Number