HomeMy WebLinkAboutBy-law No. 2012-076 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO.2012-076
BEING A BY-LAW TO AUTHORIZE THE
AMENDED ATTACHMENT 'C' TO
THE SITE PLAN AGREEMENT
WITH PORT OF HOPE CONGREGATION CHURCH
OF GOD IN CHRIST MENNONITE
WHEREAS subsection 41(2) of the Planning Act, R.S.O. 1990 Chapter P.13 provides in
part that where in an official plan an area is shown or described as a proposed site plan
control area, the council of the local municipality in which the proposed area is situate
may, by by-law, designate the whole or any part of such area as a site plan control area.
AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-
law pursuant to Section 41 of the said Planning Act.
AND WHEREAS subsection 41 (4) of the said Planning Act provides in part that no
person shall undertake any development in an area designated under subsection (2) unless
the council of the municipality or, where a referral has been made under subsection (12),
the Municipal Board has approved one or both, as the council may determine, of the
following:
1. Plans showing the location of all buildings and structures to be erected and showing
the location of all facilities and works to be provided in conjunction therewith and of all
facilities and works required under clause (7) (a).
AND WHEREAS the Owners entered in to a site plan agreement authorized by By-law
2007-063 passed June 7, 2007;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham now
deems it necessary to amend Attachment "C" of the site plan agreement with Port of
Hope Congregation Church of God in Christ Mennonite
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and they are hereby authorized and directed to
execute an amended Attachment "C" of the Site Plan Agreement between the
Corporation of the Municipality of Bayham and Port of Hope Congregation
Church of God in Christ Mennonite affixed hereto and forming part of this By-
law as Schedule "A".
2. THAT Attachment "C" to the Site Plan Agreement authorized by By-law 2007-
063 passed June 7, 2007 is hereby amended.
3. THAT the amended Attachment"C"to the site plan agreement shall be registered
at the owner's expense under the proper Land Titles Registry.
READ A FIRST AND SECOND TIME this 21st day of June 2012.
READ A THIRD TIME AND FINALLY PASSED this 215t day of June 2012.
YOR CLERK
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PORT OF HOPE CHURCH
FORMERLY
P 10 zo 30 WIRD B4VW R.IReeer (MENNONITE CHURCH IN CHRIST)
SCALE - 1: 400 tT - — LiY.1f��hrtew. N. I.'1)-ELZVATICNS ARE GEODETIC AND ARE REFERRED TO SPINE IN UTILITY POLE Him;U ,m.e * w SITE AND GRADE PLAN
2No.3B.4795ALOCATED OPPOSITE 911 No.54399 HAVING AN ELEVATION OF METRIC aE�CONCV5 RA TO OEN BY OIA3I RBI AE0 eS D CAN =`�l�r;ss ft. f.1MUNICIPALITY OF BAYHAM
COUNTY OF ELGIN
LRO*11 Notice Reeeipted as CT90657 on 2013 02 21 at 11:30
The applicirt(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2
Properties
PIN 35337- 0135 LT
Description PART N 1/2 LOT d CON 8 BAYHAM DESIGNATED AS PART 1,11R3540;EXCEPT
PARTS 1&2 11R7915&PART 1,11R8303;BAYHAM
Address 54571 EDEN LINE RR 4
AYLil1ER
Consideration
Consideration $2.00
Applicam(s)
The notice is based on or affects a valid and existing estate,right,interest or equity in land
Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Addre:.for Service P.O.Box 160
Straffordvale,Ontario
NOJ 1Y0
I,PI,UL ENS,Mayor and I,LYNDA MILLARD,Clerk,have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
Party To(s) Capacity Share
Name PORT OF HOPE CONGREGATION CHURCH OF GOD IN
CHRIST MENNONITE
Address for Service 54571 Eden Line
ox66
Straffordville,Ontario
NOJ 1Y0
i,MARK FRIESEN,F.:sistant,and I,KEVIN TOEWS,Treasurer/Secretary,and I,FELIPE MILLAN.President,have the authority to
bind!hi.corporation
This document is not authorized under Power of Attorney by this party,
Statements
This notice Is pursuant to Section 71 of the Land Titles Act.
This notice is for an indeterminate period
Schedule: See:Scbadulas
Signed By
James William Michael Doyle 10 Sydenham Street East acting for Signed 2013 02 04
Aylmer Applicant(s)
N5H 1L2
Te; 519-773-3105
Fax 5197651728
I have the authority it sign and register the document on behalf of the Applicant(s).
Submitted By
DOYLE&PRENOERG4ST 10 Sydenham Street East 2013 02 21
Aylmer
N5H 1L2
Tel 519-77331G5
Fax 5197651728
3
This AGREEMENT made this'd day of ,2007.
BETWEEN:
MENNONITE CHURCH IN CHRIST
Hereinafter called the"OWNER"
OF THE FIRST PART
-AND-
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Hereinafter called the"MUNICIPALITY"
OF THE SECOND PART
WHERE,4 S the Owner is the owner in fee simple of the lands situate in the Municipality of Bayham,in
the County of Elgin being Part of Lot 8,Concession 8, more particularly described in Attachment"A"
attached hereto(and hereafter referred to as the"Lands");
MD WHEREAS the Official Plan of the Municipality of Bayham in effect,designates the entirety of
the Mun::ipality as a site plan control area;
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan and Servicing
Plan attached hereto,as Attachment"C"(and hereafter referred to as the"Plan");
AND WHEREAS the Municipality, as a condition of development of the lands requires the Owner to
enter ante a Site Plan Agreement;
NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two
Dollars (52.00) of lawful money of Canada by each to the other paid (the receipt whereof is
aclmow;;,dged by each),the Owner hereby covenants and agrees with the Municipality as follows:
rhe Owner agrees that no building permit will be available until the Plan has been approved by
:he Municipality, and further agrees that work will not commence prior to the issuance of the
building permit.
2. The following Attachments, which are identified by the signatures of the parties to this
Agreement,and which are attached hereto,are hereby made a part of this Agreement,as fully and
to all intents and purposes as though recited in full herein:
ATTACHMENT"A"—LEGAL DESCRIPTION OF SUBJECT LANDS
AT'TACHMEN'T'"B"-CERTIFICATE OF COMPLIANCE
ATTACHMENT"C"-SITE PLAN&SITE SERVICING PLAN
3. Attachment"A"hereto describes the lands affected by this Agreement.
5
h) no topsoil shall be stockpiled on any other portion of the Owner's lands except those
lands identified in Attachment"A"to this agreement and all topsoil shall be stockpiled
and maintained in a mann which allows for the maintenance of weeds; and the
Municipality may go in and do the same at the Owner's expense,and collect the cost in
like manner either as municipal taxes or from the Letter of Credit deposited as
performance security.
i) stock-piling of snow will not be allowed on the site where it will constitute a hazard in
the opinion of the Municipality.
the electrical servicing of the property shall be subject to the approval of Hydro One.
It) upon failure by the Owner to do any act during the development period herein,that the
public safety or convenience requires,in accordance with this Agreement,upon seven(7)
days written notice,the Municipality,in addition to any other remedy,may go in and do
same at the Owner's expense, and collect the cost in like manner either as municipal
taxes or from the Letter of Credit deposited as performance security.
1} the Municipality may treat any breach of this Agreement as a breach of the Building By-
Law,and upon twenty-four(24)hours written notice to the Owner, stop work until the
breach is rectified.
m) nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-
law of the Municipality or any other law.
�. Ti?e Owner shall:
a3 ba responsible for consulting with Hydro One regarding any matters that relate to
services provided by Hydro One.
9. The Owner shall be responsible for consulting with and obtaining any necessary approval from all
regulatory bodies such as,but not limited to,the Long Point Region Conservation Authority and
the Ministry of the Environment.
10. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s)to
the satisfaction of the Municipality's Fire Chia
11. 1"e Owner agrees to pay for damages to public property including but not limited to municipal
train, ditches, street surfaces, storm and sanitary sewer systems, which may occur during the
period of construction.Any such repair may be undertaken by the Municipality at the expense of
the Owner,within thirty(30)days notice.
El.. Any and all lighting shall be installed and maintained so as to not, in the opinion of the
Municipality,interfere with the use or enjoyment of adjacent properties,or with the safe flow of
traffic on abutting or adjacent streets.
13.The Owner shall landscape and maintain plants and ground cover acceptable to the Municipality,
on those lands so indicated on the Site Plan.
14. lithe Ontario Building Code requires that an Architect or Professional Engineer or both,shall be
responsible for the field review of any new building or extension,provided for in this Agreement,
the Owner shall not occupy or use or permit to be occupied or used,any said new building or
extension,until after an Architect or Professional Engineer has given to the Municipality,a letter
addressed to the Municipality, and signed by the said Architect or Professional Engineer,
certifying that all construction and/or services on or in the said lands, required for this
development or redevelopment, newly installed by the Owner in connection with this
development or redevelopment,have been installed and/or constructed in a manner satisfactory to
the Architect or Professional Engineer.
7
25. LIABILITY INSURANCE
Before commencing any of the work provided for herein, the Owner shall supply the
:dunicipality with a Liability Insurance policy in the amount of$2900.000 per occurrence,and in
a form satisfactory to the Municipality,indemnifying the Municipality from any loss arising from
claims for damages,injury or otherwise,in connection with the work done by or on behalf of the
owner of the development.The said policy shall be provided at the time of the signing of the
Agreement and remain in force,until the development is complete and all required documentation
as per Article 15 has been filed with the Municipality.
26. PERFORMANCE GUARANTEE
Die Owner hereby defines the completion date of this Agreement and project to be on or before
June 7,2008. It will be the Owner's responsibility to require,in writing, an extension to this
agreement/pxoject, within sixty (60) days of the above stated completion date, should an
extension be required.
As security for the performance and completion of all works required by this agreement, the
Owner shall supply the Municipality with a Lir of Credit, equal to $
The Letter of Credit will be based on the estimated cost of
alterations to public property,roadway,curbs and gutters and drains,and any repairs for damages
to public property,roadway,curbs and gutters and drains,plus all site specific components as
defined by the Site Plan and the Site Servicing Plan,"Attachment C",which are approved under
this Agreement.The amount of the Letter of Credit shall be established by the Municipality.The
irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement
and payable to the Municipality at any time or in part, from time to time,upon written notice
from the Municipality, shall be provided at the time of signing of this Agreement, and shell
remain in force,until Twelve(12)months following the completion of this project.
'7. This Agreement and the provisions thereo&do not give to the Owner or any person acquiring any
interest in the said lands any rights against the Municipality with respect to the failure of the
Owner to perform or fully perform any of its obligations under this Agreement or any negligence
of the Owner in its performance of the said obligations.
28. In the event that no construction on the said lands has commenced within one(1)year from the
date of registration of this Agreement the Municipality may,at its option,on one month's notice
to the owner,declare this Agreement to be subject to re-negotiation,whereupon the Owner agrees
tnat it will not undertake any construction on the said lands until this Agreement has been re-
negotiated.
29. The Owner agrees that it will not call into question, directly or indirectly in any proceeding
whatsoever in law or in equity or before any administrative tribunal the right of the Municipality
to enter into this Agreement and to enforce each and every term,covenant and condition herein
contained and this Agreement may be pleaded as an estoppels against the Owner in any case.
V. The Owner agrees on behalf of themselves,their heirs,executors,administrators and assigns,to
save harmless and indemnify the Municipality, from all losses, damages, casts, charges and
expenses which may be claimed or recovered against the Municipality by any person or persons
arising either directly or indirectly as a result of any action taken by the Owner,pursuant to this
Agreement.
31. All facilities and matters required by this Agreement shall be provided and maintained by the
Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with
.he:tandards determined by the Municipality and in default thereof,and without limiting other
remedies available to the Municipality, the provisions of'Section 326 of The Municipal Act,
R.S.O.1990,shall apply.
9
ATTACHMENT 'A'
Property Assessment Roll No,: 34-01-000-005-02720
t Iuxii�ipai Address: 54571 Eden Line
Praperty Description: Part Lot 8, Concession 8, Being PART 1 on Plan 1 tR-3540,
Municipality of Bayham, Geographic Township of Bayham, County of
Elgin
SAVE AND EXCEPT PARTS 1 and 2 on Plan 11R 7915 and PART 1
on Plan 11R-8303
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519 765 1728 Doyle And Prendergast 2:15:26p.m. 12-19-2012 14/15
ACKNOWLEDGEMENT AND DIRECTION
TO: James William Michael Doyle
(insert lawyer's name)
AND TO: DOYLE&PRENDERGAST
(Insert firm name)
RE: Discharge of Existing Notice for Site Plan registered as Instrument Number (the transaction.)
CT19194;54571 Eden Line,R.R.#4,Aylmer PIN 35337-]135(LT)
(insert brief description of transaction)
This will confirm that:
• IlWe have reviewed the Information set out this Acknowledgement and Direction and In the documents described below
(the"Documents"),and that this information Is accurate;
• You,your agent or employee are authorized and directed to sign,deliver,and/or register electronically,on my/our behalf
the Documents in the form attached.
• You are hereby authorized and directed to enter into an escrow dosing arrangement substantiaNy in the form attached
hereto being a copy of the version of the Document Registration Agreement,which appears on the website of the Law
Society of Upper Canada as of the date of the Agreement of Purchase and sale herein. Me hereby acknowledge the said
Agreement has been reviewed by malas and that WVe shall be bound by its terms;
• The effect of the Documents has been fully explained to me/us,and Ihue understand that Ihse are parties to and bound by
the terms and provisions of the Documents to the same extent as if Ihve had signed them;and
• 1/we are in fact the parties named in the Documents and Pm have not misrepresented our identities to you.
• I. , am the spouse of the
(Transferor/Chargor).and hereby consent to the transaction described in the Acknowledgment and Direction.I authorize
you to indicate my consent on all the Documents for which N is required.
DESCRIPTION OF ELECTRONIC DOCUMENTS
The Document(s)described in the Acknowledgement and Direction are the document(s)selected below which are
attached hereto as"Document In Preparation"and are:
d A Transfer of the land described above.
O A Charge of the land described above.
O Other documents set out in Schedule"B"attached hereto.
Dated at , 4_.L ___ ,this `
� day of iitzAs rn kut2_1 , ZO/a.
WITNESS
(As to all signatures,if required)
THE CORPO N OF THE MUNICIPALITY OF BAYHA!
Per: 1�.r�r,Qt
RR`nc'• r 1 EP S
Tt1c: t'Yic,1or
L. o
Pay •aC�-h .. h_. _a.,.t�
1.1krne: 1,1n.de ill ile.rd
T,-iHG: Ci.rl.
We. Kavcay. 0v.1-4 +R )"r'(1
*e Csvpera-41011.
519 765 1728 Doyle And Prendergast 12:12:23 pin. 12-19-2012 2 115
ACKNOWLEDGEMENT AND DIRECTION
TO: James William Michael Doyle
(Insert lawyer's name)
AND TO: DOYLE&PRENDERGAST
(Insert firm name)
RE: New Notice for Amended Site Plan;54571 Eden Line,R,R.#4,Aylmer,ON ('the transaction")
PIN 35337-0135(LT)
(Insert brief description of transaction)
This will confirm that:
• I/We have reviewed the information set out this Acknowledgement and Direction and in the documents described below
(the'Documents"),and that this Information is accurate;
• You,your agent or employee are authorized and directed to sign,deliver,and/or register electronically,on my/our behalf
the Documents in the form attached.
• You are hereby authorized and directed to enter into an escrow dosing arrangement substantially In the form attached
hereto being a copy of the version of the Document Registration Agreement which appears on the website of the Law
Society of Upper Canada as of the date of the Agreement of Purchase and sale herein.I/We hereby acknowledge the said
Agreement has been reviewed by me/us and that IANe shall be bound by its terms;
• The effect of the Documents has been fully explained to me/us,and I/we understand that I/we are parties to and bound by
the terms and provisions of the Documents to the same extent as if thee had signed them;and
• !Ave are in fact the parties named in the Documents and I/we have not misrepresented our Identities to you.
• I, , am the spouse of the
(Transferor!Chergor),and hereby consent to the transaction described in the Acknowledgment and Direction.I authorize
you to indicate my consent on all the Documents for which It is required.
DESCRIPTION OF ELECTRONIC DOCUMENTS
The Document(s)described In the Acknowledgement and Direction are the document(s)selected below which are
attached hereto as"Document in Preparation"and are:
O A Transfer of the land described above,
O A Charge of the land described above.
O Other documents set out in Schedule"B"attached hereto.
Dated atr this prk
day of /O 10..a- r 20/
WITNESS
(As to all signatures,if required)
THE CORPORATION OF THE MUNICIPALITY OF BAYHAI
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