CORPORATION OF THE MUNICIPALITY OF WEST GREY

BY-LAW NUMBER 1 - 2009

BEING a By-law to authorize the Mayor and CAO/Clerk to enter into a Temporary Use

Agreement between the Municipality of West Grey and Mark & Kristen Webb;

WHEREAS the parcel affected by this Agreement is more particularly described as Part Lot 26,

Concession 9, Part 2, RP16R-7318, former Township of Bentinck, Municipality of West Grey,

in the County of Grey;

AND WHEREAS the Owner has applied for a Temporary Zoning By-law Amendment in order

to permit the establishment of a garden suite on the subject lands;

AND WHEREAS Section 39.1(1) of the Planning Act, R.S.O. enables a local municipality to

require the owner to enter an agreement regarding the temporary use of a garden suite;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE

MUNICIPALITY OF WEST GREY ENACTS AS FOLLOWS:

1. That the Mayor and CAO/Clerk are hereby authorized to sign a Temporary Use

Agreement between the Municipality of West Grey and Mark & Kristen Webb, a copy of

which is attached hereto as Schedule “A”, and is hereby declared to form part of this by-

law.

2. THAT this by-law shall come into force and take effect on the date of its final passing.

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Read a first and second time this day of , 2009.

Read a third time and finally passed this 5th day of January, 2009.

________________________________ __________________________________

Kevin Eccles, Mayor Christine Robinson, CAO/Clerk

TEMPORARY USE AGREEMENT BETWEEN

MARK WEBB & KRISTEN WEBB (Herein referred to as the Owner)

-And-

THE CORPORATION OF THE MUNICIPALITY OF WEST GREY (Herein referred to as the Municipality)

THIS AGREEMENT made in quadruplicate this 5th day of January, 2009. WHEREAS the parcel affected by this Agreement is more particularly described as Part Lot 26, Concession 9, Part 2, RP16R-7318, former Township of Bentinck, Municipality of West Grey, in the County of Grey; AND WHEREAS the Owner has applied for a Temporary Zoning By-law Amendment in order to permit the establishment of a garden suite on the subject lands; AND WHEREAS Section 39.1(1) of the Planning Act, R.S.O. enables a local municipality to require the owner to enter an agreement regarding the temporary use of a garden suite; NOW THEREFORE this Agreement Witnesseth that in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner is the registered owner of the subject lands described herein. b) This Agreement shall be registered against title to these subject lands, at the

expense of the Owner, and shall take priority over any subsequent registrations against the title to the subject lands.

c) That this agreement shall be binding on the Owner and from time to time, their

heirs, executors, administrators, successors and assigns. d) The Owner shall obtain all necessary approvals to construct a garden suite, as

defined in Section 39.1(2) of the Planning Act, R.S.O. 1990, on the second floor of a detached accessory building;

e) The garden suite shall only be occupied by Derwyn Docken and/or Jean Docken.

f) The garden suite shall only be permitted for a period of ten years, commencing January 12, 2009 and ending January 12, 2019, as permitted in By-law No. 1-2009, as per Section 39.1(3) of the Planning Act, R.S.O. 1990, or until such time as Derwyn Docken and/or Jean Docken does not occupy the garden suite, whichever comes first. This time period may be extended for one additional three year period to allow Derwyn and/or Jean Docken to remain in the garden suite provided the temporary zoning of the site has been extended as per Section 39.1(4) of the Planning Act, R.S.O. 1990.

g) Within 90 days of Derwyn Docken and/or Jean Docken vacating the garden suite or within 90 days of the lapsing of the temporary zoning of the property,

whichever comes first, the garden suite shall either be removed, or renovations shall have been completed to the extent that residential occupancy of the then-former garden suite is no longer possible and that the building is used in compliance with the Municipality’s Comprehensive Zoning By-law. The Municipality’s Chief Building Official shall be asked by the Owner during this time to inspect the property and verify that the garden suite no longer exists.

h) The Owner agrees to pay the Municipality the cost of the Municipality’s Lawyer for all costs involved in the review and registering of this Agreement on behalf of the Municipality, and in this regard make payment to the Municipality within 30 days of receiving an invoice from the Municipality.

i) The Owner covenants and agrees with the Municipality on behalf of itself, its

successors and assignees, to indemnify and save harmless the Municipality, its servants and agents from and against any and all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of any work performed. The Owner further covenants and agrees to release and forever discharge the Municipality from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the Municipality to carry out any of its obligations under this Agreement, or as a result of the Municipality performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Owner, provided that such default, failure or neglect was not caused as a result of negligence on the part of the Municipality, its servants or agents.

j) The Owner agrees and acknowledges that the Municipality will commence legal action against the owners if the Owner fails to comply with all terms of this Agreement.

2. COVENANTS BY THE MUNICIPALITY The Municipality covenants and agrees as follows: (a) That the Municipality agrees that subject to compliance by the Owner with all

relevant Municipal By-laws, Provincial Statutes and Regulations, Agency requirements, and the provisions of this Agreement, the Owner may have a garden suite on the subject property for a temporary period of time for the sole use of Derwyn Docken and/or Jean Docken.

IN WITNESS WHEREOF the parties hereto have executed this Agreement and have

hereunto caused to be affixed the corporate seals, duly attested to by the property

signing officers.

SIGNED, SEALED AND DELIVERED

THIS DAY OF , 2009.

IN WITNESS THEREOF the parties hereto have executed this Agreement. SIGNED, SEALED AND DELIVERED in the presence of

OWNER Per: Mark Webb

Kirsten Webb

MUNICIPALITY OF WEST GREY Per: Kevin Eccles Mayor Christine Robinson CAO/Clerk

SCHEDULE “A” TO BY-LAW NUMBER 1 - 2009

MUNICIPALITY OF

TEMPORARY USE AGREEMENT

Mark & Kristen Webb