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By-law No. 2021-042THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2021-042 A BY-LAW TO AUTHORIZE THE EXECUTION OF A TEMPORARY USE AND REMOVAL AGREEMENT BETWEEN KIMBERLY AND SHAWN ARBEAU AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 4.12 of Municipality of Bayham Zoning By-law Z456-2003, provides that as a temporary use, an existing travel trailer located on the subject property may remain in place and be occupied while a new house is constructed on the subject property. AND WHEREAS the Property Owner has applied for a temporary travel trailer permit and a travel trailer septic permit for use during the construction of a new home at 56365 Howey Line, legally described as Concession North Gore Part Lot 21 RP 11 R8191 Part 2; AND WHEREAS the Property Owners wishes to enter into an agreement with the Municipality of Bayham for the temporary placement of a travel trailer at the premises. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Temporary Use and Removal Agreement with Kimberly and Shawn Arbeau attached hereto and forming part of this By-law and marked as Schedule "A". READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15"' DAY OF JULY 2021. MAYOR THIS AGREEMENT DATED THE 151h DAY OF JULY 2021 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the "Municipality") -and- KIMBERLY AND SHAWN ARBEAU (Hereinafter called the "Property Owner") WHEREAS Section 4.12 of Municipality of Bayham Zoning By-law Z456-2003 (hereinafter referred to as the "By-law"), provides that as a temporary use, an existing travel trailer located on the subject property may remain in place and be occupied while a new house is constructed on the subject property. AND WHEREAS the Property owner has applied for a temporary travel trailer permit and a travel trailer septic permit for use during the construction of a new home at 56365 Howey Line, legally described as Concession North Gore Part Lot 21 RP 11 R8191 Part 2. AND WHEREAS the Property Owner has submitted herewith, a security deposit in the amount of $10,000.00 dollars to the Corporation of the Municipality of Bayham. AND IT IS HEREBY UNDERSTOOD AND AGREED by and between the parties hereto as follows: The Owner shall apply for a building permit within three (3) months of the date of the passing of this By-law. The Owner agrees that the construction of the new residence shall be completed within two (2) years of the passing of this By-law. The Owner agrees that the existing travel trailer being used as a temporary residence during construction shall be removed from the property within two (2) years of the passing of this By-law or within six (6) months of occupancy of the new residence, whichever date comes first. 4 The required $10,000.00 security deposit shall be paid by the property owner to the Municipality of Bayham and the deposit will be refunded after the travel trailer is completely removed to the satisfaction of the Bayham Chief Building Official. Failure to comply with this agreement will result in the Municipality of Bayham using the security deposit funds to remove the existing travel trailer, remove all debris and restore the lands to previous condition. Any further costs for this demolition incurred by the Municipality will be added to the property taxes of the subject property. IN WITNESS WHEREOF the parties have executed this Agreement as at the date first stated above. SIGNED, SEALED AND DELIVERED z -.-I _�� I � A - Signature of Witnegs THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Kimberly Arbeau, Owner S eau, Owner