HomeMy WebLinkAboutJuly 07, 2016 - Special Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
SPECIAL MEETING AGENDA
MUNICIPAL OFFICE
9344 Plank Road, Straffordville, ON
Council Chambers
Thursday, July 7, 2016
6:00 p.m.
1. CALLTO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION
3.1 Reports to Council
A. Report DS-27/16 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Road Use
Agreement and Site Plan Agreement— 1926662 Ontario Inc.
4. BY-LAW
A. By-Law 2016-061 Being a By-law to authorize the execution of a road use agreement
B. By-Law 2016-062 Being a By-law to authorize the execution of a site plan agreement
5. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law 2016-063 Being a by-law to confirm all actions of Council
6. ADJOURNMENT
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REPORT
4c, DEVELOPMENT SERVICES
Pp04.
ui'tunity Islt
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator
DATE: July 7, 2016 (Special Meeting)
REPORT: DS-27/16 FILE NO. C-07 / D10.OATM16
Roll # 3401-000-006-17950
SUBJECT: Road Use Agreement and Site Plan Agreement— 1926662 Ontario Inc.
BACKGROUND:
A site plan control application was received on June 24, 2016 and deemed complete July 5,
2016 from 1926662 Ontario Inc. for their property located at 57475 Pressey Road.
The application proposes the development of the property for the temporary storage of turbine
blades for Siemens Canada including lot upgrades for stormwater management, drainage and
temporary blade storage. The subject land is designated "Industrial" in the Official Plan and
zoned Rural Industrial — Holding [M2(h)] in the Zoning By-law Z456-2003.
The site plan control agreement is conditional upon the execution of a Road Use Agreement,
also included in this report, for the development and use of Clearview Drive.
DISCUSSION:
Siemens Canada, located on Hwy 3 in Tillsonburg just east of Bayham Drive, are producing
turbine blades and are nearing their outside storage capacity at their own facility. As an
additional storage yard, Siemens approached 1926662 Ontario Inc. (Kirwin & Oatman) to use
their property located on the west side of Bayham Drive in the industrial park for the temporary
blade storage. Siemens is expecting to be "out of room" at their own facility by the end of July
and will need the additional space immediately in order to continue with production.
Siemens traffic plan is to transport their blades from their facility exiting on to Hwy 3, easterly to
Clearview Drive following around to and crossing Bayham Drive on Clearview Drive onto the
Kirvwin & Oatman property (Routing Plan is attached to the Road Use Agreement). Siemens
have also consulted with and obtained approvals from MTO and the OPP for accompaniment
when transporting takes place. The current plan is to store the blades for a temporary period of
up to three years.
Firstly, the required Road Use Agreement addresses staff concerns regarding the construction
requirements and the ongoing use of the pubic highway, Clearview Drive and Bayham Drive
Staff Report DS-27/16 1926662 Ontario Inc. 2
intersection, for the transportation of the turbine blades. The Agreement calls for a security
deposit and the requirement for the purchase of the "Annual Over-Dimensional Permit".
Based on staff review of the site plan application and accompanying final drawings received on
June 29, 2016, staff concur that it meets the intent of the Official Plan. The site plan agreement
addresses the upgraded construction of Clearview Drive as access to the site and the site itself
for the temporary storage of the blades in a "phased in" approach. The site will be developed in
phases based upon the Siemens production schedule needs.
The proposal does not meet the zoning by-law, however, please be advised the property is
subject to a rezoning amendment application in process and due for public hearing and
consideration of a temporary zoning by-law on July 21, 2016 at 7:30pm to permit the storage of
the turbine blades for a period up to three (3) years.
At the time of writing this report, neither Agreement states the amount of security deposit
required as it is yet to be calculated. The amounts will be established by the July 7th meeting.
Staff recommends approval of the Road Use Agreement and Site Plan Agreement as presented
subject to the addition of the security deposit amounts.
ATTACHMENTS
1. Site Plan Application
2. Drawings: Site Plan 1, Grading/Stormwater Management Plan 2 and Cross Sections 3
3. Temporary Wind Turbine blade Storage Yard Cost Estimate—CJDL Consulting
Engineers
4. Draft By-law 2016-061, being a by-law to authorize a Road Use Agreement
5. Draft By-law 2016-062, being a by-law to authorize a Site Plan Agreement
RECOMMENDATION
1. THAT Report DS-27/16 regarding the 1926662 Ontario Inc. road use agreement and
site plan agreement be received;
2. AND THAT By-law No. 2016-061 being a by-law to authorize the execution of a
road use agreement between the Municipality and 1926662 Ontario Inc. be
presented for enactment;
3. AND THAT By-law No. 2016-062 being a By-law to authorize the execution of a Site
Plan Agreement between 1926662 Ontario Inc. and the Municipality of Bayham for
development at the property known as 57475 Pressey Road (accessing Clearview
Drive) be presented for enactment.
Respectfull ub itted by: Reviewed by:
nCcC= ..--- -
Marg:ret Underhill Paul Shipway
Deputy Clerk/Planning Coordinator CAO
BAY114nl'/C___ FILE Na �'-J (C.`. U��(��Y\I�- .
solik i RECD: ,1ukAz •`//It„ .
DATE APPLICATION CONSIDERED
nno,.r„nityWIo44a COMPLETE:
FEE RECEIVED:$
MUNICIPALITY OF BAYHAM
SITE PLAN APPROVAL APPLICATION FORM %
The undersigned hereby request the Municipality of Bayham to consider a Site Plan Control
application pursuant to Section 41 of the Planning Act on the lands hereinafter described. This .;
application is accompanied by a fee of$500($250 fee+$250 deposit for properties with U IN 4 2016
accumulative building area of 150 m2 or less)OR$2000($1000 fee&$1000 deposit for
accumulative building area 151 m2 or greater)by cash or cheque made payable to the
Municipality of Bayham. W fUM. ._ , $. G_ .;IAM
1.BACKGROUND INFORMATION
a) Applicant's Name 1926662 ONTARIO INC.
Applicant's Mailing Address 14851 BAYHAM DRIVE, PO BOX 98, TILLSONBURG, ON N4G 4H3
Phone# 519-688-0350 Fax: 519-688-0570 Email: sales@kirwinoatman.com
b) Registered Owner(if other than applicant)
Owner's Address
Phone# Fax: Email:
c) Location of Subject Land ROLL#3401- 000 006 17950 0000
Lot Number(s) PT LOT 19 Plan No.or Concession 11
Part Number(s) RP 11R6183 Reference Plan PT PART 3
911 Address(if any)
57475 PRESSEY RD RP 11R8151
The subject land is located on the SOUTH side of PRESSEY RD
between BAYHAM DRIVE and ELLIOTT RD
d) Existing use of Subject property
AGRICULTURAL
e) Specific indication of proposed uses of land and buildings
STORAGE OF WIND BLADES
f) Official Plan Designation INDUSTRIAL
g) Zoning By-law-Existing ZonRingALINDUSTRIAL (ma)LIN)
-Requested Zoning
2.SITE INFORMATION
a)Zoning Provisions REQUIRED PROPOSED
Lot Frontage 3Orn I(v5'•(!.m (Pe5Stl.&t)
Lot Depth — 6,20m t
Lot Area if000tri 17.8a ka.
Lot Coverage ZS% CniAx) NfA
Front Yard
Rear Yard
Interior Side Yard — N/'4
Exterior Side Yard(corner lot) — N/A
Landscaped Open Space(%) _ /0o"/.
No.of Parking Spaces •- N/A
No.of Loading Spaces
Width of Planting Strip — A)IA
Driveway Width — II•om t•.)Ade, Grave,t dr"ve,
Handicap Spaces
Other(Specify) —
Off-Street Parking and Loading Facilities /��q
Total number of off-street parking spaces existing S�
Number of off-street parking spaces
proposed(include existing&proposed)
Number of off-street loading facilities existing
Number of off-street loading facilities
proposed(include existing&proposed)
b) Proposed Building Size:
Ground Floor Area of Existing Buildings(s)
Ground Floor Area of Proposed Development
Total Ground Floor Area
(including existing&proposed)
Number of Storeys proposed
Building Height Proposed
Total Gross Floor Area Proposed
(including existing and proposed)
3. COMPLETE AS APPLICABLE:
a) MULTIPLE FAMILY RESIDENTIAL i\//A
Landscaped Area sq m
Conversion or Addition to Existing Residential Buildings Yes No
Amenity and/or Children's Play Area Yes No
UNIT BREAKDOWN
Type Number of Units Floor area of Unit Type
Bachelor
One-Bedroom
Two-Bedroom
Three-Bedroom
3. COMPLETE AS APPLICABLE:-(cont'd)
a) MULTIPLE FAMILY RESIDENTIAL-(cont'd)
Other Facilities provided(eg.play facilities, underground parking,games rooms,
swimming pool,etc.)
b) COMMERCIAUINDUSTRIAUINSTITUTIONAL/OPEN SPACE OR OTHER
USES (as applicable)
No.of New Buildings Proposed
Conversion or Addition to Existing Building Yes No
Describe
Gross Floor Area(breakdown by type of use,eg.-office area,retail,storage,
manufacturing area,etc.)
Seating Capacity(for rest.or assembly hall,etc.)
Describe Type of Business Proposed
No.of Staff Proposed-Initially In future(5 yrs)
Open Storage Required Yes No
Describe type,location,and buffering(if any)_
Phasing if any
Describe Type of Use Proposed
No. of Beds(if applicable)
Gross Floor Area by Type of Use
(eg.office,common rooms,storage,etc.)
Landscaped Area sq m
If residential use proposed as part of,or accessory to commercial/industrial/open
space/other use,please specify
Type Number of Units Floor area of Unit Type
Bachelor
One-Bedroom
Two-Bedroom
! Three-Bedroom
Dated this / 7' day of jl,l r\e ,20 It)
Signature of Owner/Agent
Signature of Owner/Agent
I, �h A�1 +G� �J✓�� />7 r� ofthe C u\ O h ofd
67\roR /9 in the 7, W!\/ of / �b 43.14
DO
43.1 niDO SOLEMNLY DECLARE THAT:
All of the statements contained in this application are true and I make this solemn
declaration conscientiously believing it to be true and knowing that it is of the same force
and effect as if made under Oath and by virtue of the Canada Evidence Act.
DECLARED before me at the r O k/1V
of `it LLS(N r3URCiin the COUNTY of
O x.Fo R 1
this1 i day of Sip EVE 20 16 ,c1
m}a &ek)th'\4
Signature of Owner/Agent
di rn
Commis j•ner, Etc. Signature of Owner/Agent
Jennifer Marie Bennett,a Commissioner,etc.,
County of Oxford,for Jenkins&Gilvesy,
Barristers and Solicitors.
Expires June 30,2017.
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Temporary Wind Turbine Blade Storage Yard
C J Da,-Ji 'E COST ESTIMATE
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1646 STS 6-Jul-16
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
Part 1 - Off-Site Work-Existing Clearview Drive Right of Way
1.1 Excavation and Grading(including salvage ex.granular) L/S 1.0 $4,500.00 $4,500.00
1.2 Granular'A'(150mm thick) tonne 528 $15.00 $7,920.00
1.3 Granular'B'(450mm thick) tonne 1786 $12.00 $21,432.00
1.4 100mm Topsoil&Seed m2 1060 $5.00 $5,300.00
1.5 375mm0 HDPE BOSS 2000 Culvert at Genuine Transport m 18.0 $200.00 $3,600.00
1.6 375mm0 CSP Culvert Extensions EA 2.0 $800.00 $1,600.00
Subtotal-Part 1 $44,352.00
Part 2-On-Site Work-5torr't5witer lVi snagoment Pond
2.1 Clearing&Grubbing L/S 1.0 $500.00 $500.00
2.2 Excavation and Grading L/S 1.0 $5,000.00 $5,000.00
2.3 Excavate,Grade,Place&Compact Clay m3 5365 $3.85 $20,655.25
2.4 50mm(Max.)Washed Stone(100mm Thick) m3 72 $50.00 $3,600.00
2.5 5m Wide Grass Lined Overflow Channel L/S 1.0 $1,350.00 $1,350.00
2.6 200mm Size Rip-Rap on Geotextile m2 460 $40.00 $18,400.00
2.7 100mm Topsoil&Seed m2 2720 $5.00 $13,600.00
2.8 Bio-Swale-Grading and Seeding lineal metre 290 $45.00 $13,050.00
Subtotal-Part 2 $76,155.25
Part 3-On-Site Work-Stage 1 Blade Storage Yard and Extension of Clearview Drive
3.1 Clearing&Grubbing L/S 1.0 $1,000.00 $1,000.00
3.2 Excavation and Grading L/S 1.0 $5,500.00 $5,500.00
3.3 Excavate,Grade,Place&Compact Clay m3 5590 $3.85 $21,521.50
3.4 Strip&Stockpile Topsoil m3 6032 $2.65 $15,984.80
3.5 RAP(Reclaimed Asphalt Pavement)(150mm thick) tonne 9908 $18.00 $178,344.00
3.6 Granular'B'(300mm thick) tonne 18495 $12.00 $221,940.00
3.7 100mm Topsoil&Seed m2 2820 $5.00 $14,100.00
3.8 1.2m High Page Wire Fence(All 3 Stages) m 1050 $15.00 $15,750.00
3.9 Fence Gate EA 1.0 $1,000.00 $1,000.00
Subtotal-Part 3 $475,140.30
Part 4-on-site Work-Stage 2 Blade Storage Yard
4.1 Clearing&Grubbing L/S 1.0 $2,000.00 $2,000.00
4.2 Excavation and Grading L/S 1.0 $4,500.00 $4,500.00
4.3 Excavate,Grade,Place&Compact Clay m3 5591 $3.85 $21,525.35
4.4 Strip&Stockpile Topsoil m3 5256 $2.65 $13,928.40
4.5 RAP(Reclaimed Asphalt Pavement)(150mm thick) tonne 8340 $18.00 $150,120.00
4.6 Granular'B'(300mm thick) tonne 15566 $12.00 $186,792.00
4.7 100mm Topsoil&Seed m2 2340 $5.00 $11,700.00
Subtotal-Part 4 $390,565.75
Part 5 -On-Site Work-Stage 3 Blade Storage Yard
5.1 Clearing&Grubbing L/S 1.0 $2,500.00 $2,500.00
5.2 Excavation and Grading L/S 1.0 $4,500.00 $4,500.00
5.3 Excavate,Grade,Place&Compact Clay m3 3786 $3.85 $14,576.10
5.4 Strip&Stockpile Topsoil m3 6106 $2.65 $16,180.90
5.5 RAP(Reclaimed Asphalt Pavement)(150mm thick) tonne 8125 $18.00 $146,250.00
5.6 Granular'B'(300mm thick) tonne 15166 $12.00 $181,992.00
5.7 100mm Topsoil&Seed m2 2895 $5.00 $14,475.00
Subtotal-Part 5 $380,474.00
The Above Excludes:
• Legal&Survey Cost's Subtotal All Parts $1,366,687.30
• Engineering 1.76%Effective HST $24,053.70
• Permits and Fees Total $1,390,741.00
06/07/20163:27 PM 1/1 W:\EMAIL_IN_OUT\1646\1646_Site Servicing Cost Estimate.xlsx
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2016-061
A BY-LAW TO AUTHORIZE THE EXECUTION
OF A ROAD USE AGREEMENT BETWEEN
THE MUNICIPALITY OF BAYHAM
AND
1926662 ONTARIO INC.
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier
municipality may pass by-laws respecting highways;
AND WHEREAS 1926662 Ontario Inc. has applied to the Municipality for permission to utilize a portion
of an open road allowance for the purpose of transporting over-dimensional loads to their property
accessed through municipally owned public highway known as Clearview Drive;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into
such agreement to grant such permission subject to terms and conditions set forth in such agreement.
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 the
Agreement attached hereto as Schedule "A" and forming part of this by-law, between the
Corporation of the Municipality of Bayham and 1926662 Ontario Inc., being a road use agreement
for certain public highways under the jurisdiction and control of the Municipality of Bayham.
2. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OF JULY 2016.
MAYOR CLERK
1
SCHEDULE 'A' TO BY-LAW 2016-061
ROAD USE/CONSTRUCTION AGREEMENT
THIS AGREEMENT made in duplicate this 7th day of July 2016,
Between:
THE CORPORATION OF THE MUNICIPALTIY OF BAYHAM
(hereinafter called the Municipality)
OF THE FIRST PART,
1926662 ONTARIO INC.
(hereinafter called the Developer)
OF THE SECOND PART.
WHEREAS at the time of making this agreement:
a) The Developer has applied for site plan approval of development of the following land
(hereinafter called the "Land")
Concession 11 Part Lot 19 RP 11R6183 Part Pt 3 RP 11R8151 Parts 6, 7, 9 and 10 and
Concession 11 Parts 2 and 3 RP 11R8151 (Clearview Drive)
b) The Developer proposes to develop the Land shown on Attachment 'A'
c) The Developer requires access to the Land by means of a new highway, to be constructed on
land owned by the Municipality and known as "Clearview Drive", connecting to the existing
Bayham Drive, as shown on Attachment 'A' Site Plan 1
d) The Developer has represented to the Municipality that the Developer wishes to proceed with
construction of the new highway at the Developer's expense as part of the development of the
Land, and
e) The Municipality considers it appropriate that the site plan application be approved with access
to the new highway, subject to the Developer entering into an agreement with the Municipality to
construct the new highway.
NOW THEREFORE, in consideration of the covenants and promises contained in this Agreement, and
the sum of$5 now paid by the Developer to the Municipality, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows.
Section 1 -General Provisions
1.1 Notice
Any notice to the other Party shall be sufficiently served if sent by prepaid registered mail to the
other Party at the following addresses:
Municipality of Bayham 1926662 Ontario Inc.
9344 Plank Rd, PO Box 160 14851 Bayham Drive, PO Box 98
Straffordville ON NOJ 1Y0 Tillsonburg ON N4G 4H3
2
1.2. Definitions
1.2.1 "Municipality" means any person authorized to act on behalf of the Municipality including
any person hired or employed by the Municipality.
1.2.2 "Roadway" means that part of a public highway designed or intended for use by
vehicular traffic.
1.3 Term
This agreement comes into effect on the date set out above and runs for a period of 36 months
and may be extended to run in concurrence within any renewals of additional Temporary Use
By-laws for the subject property at the discretion of the Municipality.
1.4 Enurement
The terms of this Agreement including all covenants, provisions and annexed Attachments, shall
be binding upon the Parties and their heirs, successors, administrators, assigns or transferees.
1.5 Registration
The Parties intend that this agreement be registered on title to the Land as an Attachment to the
site plan agreement, at the expense of the Developer, pursuant to Section 41 of the Planning
Act.
1.6 Severability
If any provision of this Agreement is found to be invalid, it is the intention of the Parties that the
remainder of the agreement shall remain in full force.
1.7 Declaration
The parties hereby declare that the recitals set of the above are true.
1.8 Attachments
The Attachments to this agreement form part of the agreement and have equal force to other
provisions. In the event of a conflict between the text of the agreement and the Attachments, the
Attachment shall govern.
Section 2 - Performance Provisions
2.1 Security
Before undertaking any work or entering the lands, the Developer shall deposit with the
Municipality, to cover the faithful performance or payment of all obligations arising herein, a sum
of money to be held in trust by the Municipality or an irrevocable Performance Bond or Standby
Letter of Credit from a Canadian chartered bank, acceptable to the Municipality's solicitor, in the
amount of Dollars ($ ) which is hereby agreed by the
Parties to be the total estimated cost of all Improvements required to be done by the Developer
under this Agreement.
2.2 Production of Security:
After the Developer has supplied the Municipality with a Statutory Declaration sworn before a
Commissioner for taking Oaths, attesting that:
2.2.1 all current accounts for supplied materials and completed work for the Improvements
have been paid except for normal holdbacks, and
3
2.2.2 there are no outstanding claims or liens in connection with any completed
Improvements;
and after the Municipality is satisfied that:
2.2.3 there are no outstanding claims or liens concerning the Improvements, and
2.2.4 the Developer has completed all Improvements required under this Agreement,
the Municipality shall supply the Developer with a dated letter (to be called a Certificate
of Completion) worded to the effect that:
2.2.5 the Improvements have been completed to the satisfaction of the Municipality; and
2.2.6 the amount of the Security is reduced to twenty percent (20%) of the amount in Section
2.1 allowing, as the case may be, the corresponding refund of any money held in trust or
the reduction of the amount required in any Letter of Credit.
2.3 Warranty Period
The Municipality shall retain the remaining Security for a minimum period of one (1) year from
the date the Certificate of Completion is issued or the end of the Term, whichever is later, to be
called the "Warranty Period".
2.4 Return of Security
Upon application by the Developer, after the Warranty Period has ended, and if the Municipality
continues to be satisfied with the completed Improvements, the Municipality shall:
2.4.1 assume all rights and responsibilities for the completed Improvements; and
2.4.2 refund or cancel the requirement for the remaining Security.
2.5 Noncompliance
If the Municipality determines that there has been noncompliance with a requirement of this
agreement, the Municipality may, on such notice to the Developer as the Municipality considers
reasonable, have the noncompliance rectified at the Developer's expense and may use the
Security for this purpose or take such enforcement proceedings as the Municipality considers
advisable. This shall include road damage as a result of the transportation route on Bayham
Drive and Clearview Drive to be utilized by the Developer.
Section 3 - Developer Obligations
3.1 Completion of the Work
Except where otherwise noted, the Developer agrees, at its own expense, to undertake and
complete all work ("Improvements") required in Attachment C to this agreement, to the
minimum standards specified, within 1 (one) year of the commencement date set out above.
Thereafter, for the balance of the Term, the Developer shall keep in good repair and maintain all
constructed Improvements
3.2 Assignment
The Developer will not assign or transfer this Agreement or any part of this Agreement to any
individual or corporation without obtaining the prior written consent of the Municipality.
3.3 Protecting the Public
The Developer agrees to erect, place and maintain such barricades, lights or other protection of
persons or property as will adequately protect any person in the area during construction.
4
3.4 Ontario Land Surveyor
Once all Improvements have been constructed, the Developer will have an Ontario Land
Surveyor replace all survey markers destroyed or removed during construction and have the
Surveyor confirm the location of the Improvements by means of a survey drawing and confirm in
writing to the Municipality that all lost survey markers have been re-established.
3.5 Indemnity
The Developer shall indemnify and save harmless the Municipality from any claim, notice,
action, judgment, award or other liability resulting from any activity or occurrence on the Land or
the land upon which the new highway is to be constructed, other than with respect to those
activities being conducted by the Municipality.
3.6 Insurance
The Developer shall deliver to the Municipality evidence of insurance with an insurance
company satisfactory to the Municipality, insuring, for the joint benefit of the Developer and the
Municipality as named insureds, against all claims, liabilities, loss, costs, damages or other
expenses of every kind that the Municipality may incur or suffer as a consequence of personal
injury, including death, and property damage arising out of or in any way incurred or suffered in
connection with the placing, maintenance, operation or repair of the road or any part thereof,
which insurance shall provide coverage with. limits of liability which shall not be less than
$5,000,000.00 at the commencement of the term hereof or such greater amount as may be
specified hereafter by the Municipality having regard for inflation and the amount of damages
which might reasonably be expected to be awarded from time to time by Courts of competent
jurisdiction; and the Developer shall satisfy the Municipality, from time to time, that the
premiums for such insurance have been paid and that such insurance is in full force and effect.
3.7 Utilities
The Improvements undertaken by the Developer include, where applicable, the installation or
relocation of all telecommunications, electrical, natural gas, cable and pipe lines, including new
easements for such utilities as may be required for such lines.
3.8 Traffic Plan
The Developer shall apply for and obtain an `Annual Over-Dimensional Load' Permit (By-law
2009-072) and shall comply with the traffic plan submitted with the same. The Traffic Plan shall
be attached hereto as Attachment `D'.
Section 4 - Municipal Obligations
4.1 Entry
The Municipality hereby grants permission to the Developer, during the Term, to enter upon and
to use, the land shown on Attachment A hereto, as Clearview Drive, for the purpose of
undertaking, maintaining and using the Improvements.
4.2 Inspection
Upon notice from the Developer, the Municipality agrees to inspect such Improvements as the
Developer may have constructed from time to time for the purpose of:
4.2.1 confirming that the Improvements inspected by the Municipality have been completed to
the satisfaction of the Municipality;
4.2.2 advising of any apparent defects or deficiencies that require correction or remedial
action; or
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Attachment "C"
Road Construction Specifications
The Developer is responsible for completing the following works and Improvements at the Developer's
cost.
a) To remove from within the limits of the public highways marked on the Plan, any privately owned
structures, trees, bush or brush, and to properly dispose of all resulting refuse so that no waste material
is left on the Land or public highways.
b) To design, improve or build roadways and other approved road facilities within the limits of Clearview
Drive so that all driving surfaces have a minimum width of 7.4 metres (24 feet) centred within the limits
and so that adequate surface water run-off channels or ditches are provided on either side of the
roadways, as required to suit the topography.
c) To locate approaches as marked on the Plan so that drivers on an approach are able to see other
vehicles on the intersecting road that are 160 metres (525 feet) or less from the intersection, and vice
versa.
d) To construct all roadway and approach driving surfaces with
- a stabilized top layer (clay cap) at least 15 centimetres (6 inches) thick;
- a maximum gradient of 9%; and
- a 15 centimetre (6 inch) high crown evenly sloped to the outside edge of the surface.
e) To construct all ditch side and back slopes so that the slopes do not exceed a rise over run (vertical
to horizontal) ratio of 1:3 and to grade all ditches to eliminate ponding in the ditches.
f) To supply and install galvanized steel or cement culverts where and to at least the minimum
dimensions marked on the Plan.
g) After construction is done, to remove all exposed rocks and other debris from the construction area
and to seed grass on all exposed slopes.
h) To supply, spread and grade on all roadways 2.5 centimetre (1 inch) or smaller diameter gravel at
rate of 153 cubic metres per 1.6 kilometres (200 cubic yards per mile) when a roadway is constructed
and, within one (1) year of the roadway being constructed, to supply, spread and grade additional 2.5
centimetre (1 inch) or smaller diameter gravel at rate of 76.5 cubic metres per 1.6 kilometres (100 cubic
yards per mile) over all roadways.
i) To supply and install traffic signs where and of the type marked on the Plan.
SIEMENS
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Page 1 05.2016 Julian Hartman /Anne Matte Pedersen /WP SCM / PM
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2016- 062
BEING A BY-LAW TO AUTHORIZE THE
EXECUTION OF A SITE PLAN AGREEMENT BETWEEN
1926662 ONTARIO INC. AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, 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
2005-061 pursuant to Section 41 of the said Planning Act.
AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person
shall undertake any development in an area designated as subject to site plan control pursuant
to a by-law enacted under that section without first having received approval, 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 Council of the Corporation of the Municipality of Bayham now deems it
necessary to enter into a Site Plan agreement with 1926662 ONTARIO INC.
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
the Site Plan Agreement between The Corporation of the Municipality of Bayham and
1926662 Ontario Inc. affixed hereto and forming part of this By-law as Schedule "A".
2. THAT the executed agreement be registered at the owner's expense against the land to
which it applies under the Land Titles Registry Elgin # 11.
READ A FIRST AND SECOND TIME this 7th day of July 2016.
READ A THIRD TIME AND FINALLY PASSED this 7th day of July 2016.
MAYOR CLERK
1
SCHEDULE 'A' TO BY-LAW 2016-062
SITE PLAN CONTROL AGREEMENT
1926662 ONTARIO INC.
AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Concession 11 Part Lot 19 RP 11R6183 Part Pt 3 RP 11R8151 6, 7, 9 and 10,
Municipality of Bayham, County of Elgin
2
This Agreement made in duplicate this 7t'' day of July 2016.
BETWEEN:
1926662 ONTARIO INC.
(hereinafter the "Owner")
Of the First Part
AND:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereinafter the "Municipality")
Of the Second Part
WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of
Bayham in the County of Elgin and Province of Ontario, being Part of Lot 19, Concession 19 RP
11R6183 Part Pt 3 RP 11R8151 Parts 6, 7, 9 and 10 therein, and more particularly identified
and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands" );
AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the
entirety of the Municipality as a site plan control area;
AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan
attached and marked as Attachment "A" hereto (and hereinafter referred to as the "Plan");
AND WHEREAS the Municipality, as a condition of approval of proposed development of the
Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By-
Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the
Municipality;
NOW THEREFORE, in consideration of good and valuable consideration exchanged herein
and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each
party to the other, the receipt and sufficiency of which consideration is hereby acknowledged,
the Owner and Municipality hereby covenant and agree as follows:
1. The Owner agrees that no building permit will be available for the development of the
Lands until the Plan has been approved by the Municipality and further agrees that work
in relation to such development will not commence prior to the issuance of a building
permit.
3
2. The Owner agrees the arrangement contemplated in this Agreement are conditional
upon the approval of a Road Use Agreement for use of lands identified as Clearview
Drive, being Parts 2 and 3 on Registered Plan 11R8151 having been dedicated as public
highway by By-law 2012-071. No use or construction shall commence until such time as
a Road Use/Construction Agreement is executed between the Developer, 1926662
Ontario Inc., and the Municipality.
3. The Owner, having applied for a Zoning By-law amendment (Temporary Zoning), agrees
the arrangements contemplated in this Agreement are conditional upon the approval of
Temporary Zoning designation to permit the temporary storage of turbine blades on the
"Lands". The Municipality agrees to consider the proposed application in the context of
these arrangements.
4. The Attachments hereto and as described below, attached and verified by the signatures
of the Parties hereto, are incorporated in and form part of this Agreement:
Attachment "A" — Lands/Site Plan
Attachment "B" — Grading and Stormwater Management Plan, and
Attachment "C" —Certificate of Compliance.
5. The Parties agree and acknowledge that Attachment "A" (Lands/Site Plan) hereto
identifies the Lands which are subject to this Agreement and, furthermore, depicts and
details the Plan for development of the Lands, including but not limited to;
(a) The location and height of all buildings and structures to be erected;
(b) The location of vehicular entrances and exits;
(c) The location and provision of off-Street vehicular loading and parking facilities,
including driveways for emergency vehicles;
(d) Walkways and all other means of pedestrian access;
(e) The location and provision of fences, trees and all ground cover or facilities for
landscaping the Lands and protecting the adjoining lands and, furthermore,
depicts the lighting, including flood lighting, of the Lands and any building or
structure to be erected thereon;
(f) The location and provision for the collection and storage of garbage and other
waste materials.
6. The Owner agrees and covenants that the Lands will be developed, including but not
limited to any building or structure that is to be erected thereon, in strict accordance with
the Plan depicted on Attachment "A" hereto, subject only to such changes receiving prior
approval from the Municipality.
7. The Parties agree and acknowledge that Attachment "B" ("Grading and Stormwater
Management Plan") hereto depicts and details proposed site servicing facilities for
development of the Lands, including but not limited to;
4
(a) Lot grading information, indicating overland flow to and from adjacent properties,
collection and disposal of surface water and storm water management (if
deemed necessary by the Municipality);
(b) Location of utilities within the road allowance and site connections to these
utilities;
(c) Building finished floor elevations;
(d) Other information as required by the Municipality.
8. The Owner agrees and covenants that the site development and servicing upon the
Lands will be in strict accordance with the Plans depicted on Attachment "B" hereto,
subject only to such changes receiving prior approval from the Municipality.
9. The Owner further agrees that:
(a) Final grades and elevations will be established to the satisfaction of the
Municipality. The Owner will provide proof of final grades and elevations certified
by a professional land surveyor or civil engineer prior to consideration of any
request for final release of any security held by the Municipality relative to the
proposed development of the Lands.
(b) All necessary provisions for service connections on-site will be made to the
satisfaction of the Municipality.
(c) Construction work will be carried out expeditiously, in good and work-man-like
manner, in accordance with good trade practices, and, at all times, so as to
minimize nuisance.
(d) All necessary precautions to avoid dust, noise and other nuisances and to
provide for public safety will, so far as possible, be undertaken so as to achieve
compliance with all federal, provincial, or other municipal regulations or
standards.
(e) All necessary care will be taken to see that mud and soil is not tracked or spilled
onto any public street and, where such tracking occurs, the street shall be
cleaned at the end of each working day.
(f) Garbage disposal facilities will be of an enclosed type located and depicted on
the Site Plan as attached as Attachment "A" hereto, at all times designed in a
manner satisfactory to the Municipality.
(g) Unless otherwise provided, all parking lots and walkways will be finished with
hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality
and have permanent bumper curbing along all parking areas that abut the limits
of the Lands.
(h) No topsoil shall be stockpiled on any other portion of the Lands except those
lands identified for that purpose in Attachment "A" to this Agreement; provided
5
that all topsoil shall be stockpiled and maintained in a manner which allows for
the maintenance of weeds and other noxious plants; and the Municipality may at
all times enter the Lands for purposes of inspection of such stockpiling of topsoil
and, if necessary, for purposes of maintenance of weeds, the cost of which shall
be borne by the Owner and collected either in like manner as municipal taxes or
from any security held by the Municipality to ensure performance of all
obligations by the Owner in respect of the development of the Lands.
(i) Stockpiling of snow will not be allowed on the Lands where it will constitute a
hazard as determined by the Municipality.
(j) The electrical servicing of the Lands shall be subject to the approval of Hydro
One, or any successor utility thereto.
(k) During the period of development of the Lands as contemplated by this
Agreement, if the Owner fails to take any act required for public safety or
convenience, as determined by the Municipality, and upon seven (7) days written
notice, the Municipality, in addition to any other remedy at law, may enter upon
the Lands and undertake any and all works to correct such failure and thereby
reinstate such element of public safety or convenience, the cost of which
municipal work shall be borne by the Owner and collected in like manner either
as municipal taxes or from any security held by the Municipality to ensure
performance of all obligations of the Owner hereunder.
(I) The Municipality is at liberty to consider any breach of this Agreement as a
violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the
Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P.
13, as amended, thereby constituting an offence pursuant to section 67 of the
said Act and, further, entitling the Municipality to seek any manner of remedy or
relief as based thereon, including but not limited to the issuance of a stop work
order and/or injunction to restrain continuation of such breach.
(m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to
comply with any other by-law of the Municipality or any other law, whether federal
or provincial in nature.
10. The Owner shall be responsible for consulting with Hydro One, or any successor utility
thereto, regarding any matters which relate to utility services provided by Hydro One.
11. The Owner shall be responsible for consulting with and obtaining any necessary
approval from any and all regulatory body having an interest in or jurisdiction over the
development of the Lands, including but not limited to the Long Point Region
Conservation Authority and the Ministry of the Environment.
12. The Owner shall satisfy all requirements in relation to fire protection for the building or
buildings or structure or structures to be erected upon the Lands to the satisfaction of the
Fire Chief for the Municipality of Bayham.
13. The Owner agrees to pay for damages to public property, including but not limited to any
municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may
6
occur during the development of the Lands as contemplated by this Agreement. In the
event that the Owner shall fail to repair any such damage within thirty (30) days of
occurrence, the Municipality may enter upon the Lands and effect such repair at the sole
risk and expense of the Owner.
14. The Owner agrees that any and all lighting required for the development of the Lands in
accordance with this Agreement shall be installed and maintained so as not to interfere
with the use or enjoyment of adjacent properties or with the safe flow of traffic on
abutting or adjacent streets, the determination of which interference shall be in the sole
discretion and opinion of the Municipality.
15. The Owner shall landscape and maintain plants and groundcover upon the Lands and in
strict accordance with the Plans and at all times to a standard acceptable to the
Municipality.
16. If the Ontario Building Code requires that an Architect or Professional Engineer, or both,
shall be responsible for the field review of any new building or structure or extension
thereof as contemplated by this Agreement, then the Owner shall not occupy or use or
permit occupation or use of, any such building or structure or extension thereof until after
an Architect or Professional Engineer has delivered approval thereof to the Municipality
by a letter addressed to the Municipality and signed by the said Architect or Professional
Engineer and certifying that all construction and/or services on or in the Lands, including
any such building or structure or extension thereof thereon as required for the
development or redevelopment of the Lands have been installed and/or constructed in a
manner satisfactory to the Architect or Professional Engineer.
17. The Municipality, through its servants, officers, and agents, including its Chief Building
Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter
upon the Lands and/or any building or structure being erected thereon to inspect;
(a) the progress of the development upon the Lands;
(b) the state of maintenance as required by this Agreement;
(c) compliance with any and all laws, whether Federal, Provincial, or Municipal,
including any and all by-laws for the Municipality and more particularly including
By-Law No. 2016-047 as Site Plan Control By-Law; and,
(d) compliance with this Agreement.
18. In the event of any servant, officer, or agent of the Municipality determining, upon
inspection of the Lands and any building or structure erected thereon, that the
development is not proceeding in strict accordance with the Plan, and specifications
filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon
the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such
notice to the Owner at his, her, or its last known address and the Owner shall forthwith
correct the deficiency in relation to which that notice relates or, alternatively, appeal to
the Council of the Municipality of Bayham as hereinafter provided.
7
19. In the event of any servant, officer, or agent of the Municipality, having inspected the
Lands or any building or structure being erected thereon in accordance with this
Agreement, be of the opinion that the state of maintenance of such Lands, building, or
structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice
detailing the particulars of such opinion and the basis therefor, by registered mail, to the
Owner at his, her, or its last known address and the Owner shall forthwith correct the
deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively,
appeal such opinion and the need for correction to the Council of the Municipality of
Bayham as hereinafter provided.
20. In the event that the Owner should disagree with the opinion of the servant, officer, or
agent of the Municipality as to the state of compliance and/or maintenance, such Owner
shall appear before the Council of the Municipality of Bayham, which Council, after
hearing the details of the alleged deficiency and hearing the response of the Owner,
shall express its opinion as to whether the maintenance of the lands, building, or
structure is satisfactory and which decision shall constitute a final determination of the
issue.
21. In the event that the Owner shall fail to obey a stop work order issued pursuant to
section 16 above, the Owner acknowledges and recognizes the right of the Municipality
to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate
relief, including but not limited to an injunction restraining continuation of work upon the
Lands.
22. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant
to sections 16 or 17 above and which notice the Council of the Municipality of Bayham
subsequently determines is correct in accordance with section 19 above, the Council of
the Municipality of Bayham may by by-law direct, on default of the matter or thing being
done by the Owner and after two (2) weeks written notice to the Owner as delivered by
registered mail to the last known address of the Owner, that such matter or thing be
done by or on behalf of the Municipality, at the expense of the Owner, which expense
may be recoverable by action, as municipal taxes, or as drawn from and paid by any
security deposit with the Municipality as security for full performance of all obligations by
the Owner in respect of the development contemplated by this Agreement.
23. The Owner further acknowledges that any contravention of any provision of this
Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of
Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the
Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy
or relief, is subject to prosecution and penalty as provided for in section 67 of such Act.
24. Unless otherwise authorized, in the event that the Owner wishes to revise the
development as described in and depicted in Attachments "A" and/or "B" attached, he,
she, or it shall make application to the Council of the Municipality of Bayham for
reconsideration and approval and, furthermore, the Owner agrees that construction shall
not proceed so as to implement any such revision until approval is given by such Council
or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure
set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended.
8
25. The Owner agrees to pay to the Municipality all administration costs incurred in
connection with the preparation and/or implementation of this Agreement, including all
legal, engineering, and inspection costs.
26. Upon execution of this Agreement and as contribution to capital charges, the Owner
shall pay to the Municipality, in cash or by certified cheque, the amount of
NIL Dollars and Cents ($ ).
27. Upon execution of this agreement and as contribution to Site Plan Review expenses, the
Owner shall pay to the Municipality, in cash or certified cheque, the amount of Five
Hundred Dollars ($500).
28. Before commencing any of the work contemplated herein, the Owner shall supply the
Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing
coverage to a minimum amount of $ 5,000,000 per occurrence, and in a form
satisfactory to the Municipality, thereby indemnifying the Municipality from any loss
arising from claims for damages, injury, or otherwise, in connection with the work to be
undertaken upon the Lands and for which approval contemplated by this Agreement is
granted. The said policy of insurance shall be provided at the time of execution of this
Agreement and shall remain in force until the development contemplated herein is
complete and all required documentation in evidence thereof has been filed with the
Municipality.
29. The Owner hereby identifies the intended completion date for the development
contemplated by this Agreement as on or before July 7, 2017. The Parties agree that it is
a responsibility of the Owner to arrange for completion of the development contemplated
by this Agreement on or before such date and, furthermore, to apply for any extension of
and from such date by no later than sixty (60) days prior to such intended completion
date.
30.As security for the performance and completion of all works required by this Agreement,
the Owner shall provide the Municipality with a Letter of Credit, in the amount of
Dollars and Cents
($ ). The said Letter of Credit will be based on the estimated cost of
alterations to public property, roadways, curbs and gutters and drains, and any repairs
for damages to public property, roadways, curbs and gutters and drains, plus all site-
specific components as identified by the Site Plan and Site Servicing Plan, attached as
Attachments "A" and "B", which are approved under this Agreement. The amount of the
Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit
will be issued by a Chartered Bank or other institution acceptable to the Municipality and
provide specific reference to this Agreement and provide for the value thereof to be
payable to the Municipality at any time or, in part, from time to time, upon written notice
from the Municipality. The Letter of Credit shall be provided by the Owner to the
Municipality at the time of execution of this Agreement and shall remain in force, until
twelve (12) months after completion of the development contemplated by this
Agreement, including but not limited to production of all documentation required for
evidence of such due and proper completion of the Development.
9
31. This Agreement and the provisions thereof do not grant 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 his, her, or its obligations
under this Agreement or any negligence on the part of the Owner in relation to the
Performance of any obligations required by this Agreement.
32. In the event that construction on the Lands has not commenced within the one (1) year
from the date of registration of this Agreement against title to the Lands, the Municipality
may, at its option and on one (1) month written notice to the Owner, declare this
agreement to be terminated, subject to renegotiation at the option of the Municipality. In
the event that the Agreement is terminated as set forth above, the Owner agrees that
construction on the Lands as contemplated by this Agreement will not be commenced or
continued until such time as the terms of this Agreement, at the option of the
Municipality, have been renegotiated.
33. Following completion of the development of the Lands in accordance with the Plans
contemplated by this Agreement and attached as Attachments "A" and "B" hereto, the
Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in
the form and of the content set forth in Attachment "C" hereto, by which Certificate the
Owner shall confirm that all elements of this Site Plan Agreement have been completed
in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being
the Site Plan Control By-Law for the Municipality.
34. The Owner agrees that he, she, or it will not call into question, directly or indirectly and in
any proceeding whatsoever in law or in equity or before any administrative tribunal or
court, the right of the Municipality to enter into this Agreement or to enforce each and
every term, covenant, and condition herein contained and, furthermore, acknowledges
that this provision may be pled as an estoppel as against the Owner in any such case.
35. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs,
executors, ministries, and assigns, to save harmless and indemnify the Municipality from
all losses, damages, costs, charges, and expenses which may be claimed or recovered
against the Municipality by any person or persons arising either directly or indirectly from
any action taken by the Owner in accordance with this Agreement.
36. All facilities, works, and other matters required by this Agreement shall be provided and
maintained by the Owner at its sole risk and expense but at all times to the satisfaction
of the Municipality in accordance with all standards applied by the Municipality and, in
default thereof and without limiting any right or claim to remedy or relief as available to
the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c.
25, as amended, shall apply.
37. This Agreement shall be registered, at the expense of the Owner, against title to the
Lands and the Municipality shall be entitled, subject to the provisions of any statute of
the Province of Ontario, including but not limited to the Registry Act and/or Land Titles
Act, to enforce its provisions against the Owner as named herein, including any
successor in title thereto.
38. This Agreement enures to the benefit of and is binding upon the Parties hereto and their
respective heirs, executors, administrators, and assigns.
10
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and
seals or under cover of duly authorized officials at Bayham, Ontario this 7th day of July, 2016.
Signed, Sealed, and Delivered )
In the presence of )
) David Oatman, President
) 1926662 Ontario Inc.
) I have authority to bind the Corporation
) THE CORPORATION OF THE
) MUNICIPALITY OF BAYHAM
) Paul Ens, Mayor
) Paul Shipway, Clerk
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13
ATTACHMENT "C"
CERTIFICATE OF COMPLIANCE
PROPERTY IDENTIFICATION:
Municipal Address:
Owner:
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 Site Plan Agreement
between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as
dated , 20_, and as authorized by By-Law No. 20 - 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 , 20_.
Witness Signature
Name of Owner (Print)
Address of Owner (Mailing)
Telephone Number
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2016-061
A BY-LAW TO AUTHORIZE THE EXECUTION
OF A ROAD USE AGREEMENT BETWEEN
THE MUNICIPALITY OF BAYHAM
AND
1926662 ONTARIO INC.
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier
municipality may pass by-laws respecting highways;
AND WHEREAS 1926662 Ontario Inc. has applied to the Municipality for permission to utilize a portion
of an open road allowance for the purpose of transporting over-dimensional loads to their property
accessed through municipally owned public highway known as Clearview Drive;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into
such agreement to grant such permission subject to terms and conditions set forth in such agreement.
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 the
Agreement attached hereto as Schedule "A" and forming part of this by-law, between the
Corporation of the Municipality of Bayham and 1926662 Ontario Inc., being a road use agreement
for certain public highways under the jurisdiction and control of the Municipality of Bayham.
2. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OF JULY 2016.
MAYOR CLERK
1
SCHEDULE 'A' TO BY-LAW 2016-061
ROAD USE/CONSTRUCTION AGREEMENT
THIS AGREEMENT made in duplicate this 7th day of July 2016,
Between:
THE CORPORATION OF THE MUNICIPALTIY OF BAYHAM
(hereinafter called the Municipality)
OF THE FIRST PART,
&
1926662 ONTARIO INC.
(hereinafter called the Developer)
OF THE SECOND PART.
WHEREAS at the time of making this agreement:
a) The Developer has applied for site plan approval of development of the following land
(hereinafter called the "Land")
Concession 11 Part Lot 19 RP 11R6183 Part Pt 3 RP 11R8151 Parts 6, 7, 9 and 10 and
Concession 11 Parts 2 and 3 RP 11R8151 (Clearview Drive)
b) The Developer proposes to develop the Land shown on Attachment 'A'
c) The Developer requires access to the Land by means of a new highway, to be constructed on
land owned by the Municipality and known as "Clearview Drive", connecting to the existing
Bayham Drive, as shown on Attachment 'A' Site Plan 1
d) The Developer has represented to the Municipality that the Developer wishes to proceed with
construction of the new highway at the Developer's expense as part of the development of the
Land, and
e) The Municipality considers it appropriate that the site plan application be approved with access
to the new highway, subject to the Developer entering into an agreement with the Municipality to
construct the new highway.
NOW THEREFORE, in consideration of the covenants and promises contained in this Agreement, and
the sum of$5 now paid by the Developer to the Municipality, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows.
Section 1 - General Provisions
1.1 Notice
Any notice to the other Party shall be sufficiently served if sent by prepaid registered mail to the
other Party at the following addresses:
Municipality of Bayham 1926662 Ontario Inc.
9344 Plank Rd, PO Box 160 14851 Bayham Drive, PO Box 98
Straffordville ON NOJ 1Y0 Tillsonburg ON N4G 4H3
2
1.2. Definitions
1.2.1 "Municipality" means any person authorized to act on behalf of the Municipality including
any person hired or employed by the Municipality.
1.2.2 "Roadway" means that part of a public highway designed or intended for use by
vehicular traffic.
1.3 Term
This agreement comes into effect on the date set out above and runs for a period of 36 months
and may be extended to run in concurrence within any renewals of additional Temporary Use
By-laws for the subject property at the discretion of the Municipality.
1.4 Enurement
The terms of this Agreement including all covenants, provisions and annexed Attachments, shall
be binding upon the Parties and their heirs, successors, administrators, assigns or transferees.
1.5 Registration
The Parties intend that this agreement be registered on title to the Land as an Attachment to the
site plan agreement, at the expense of the Developer, pursuant to Section 41 of the Planning
Act.
1.6 Severability
If any provision of this Agreement is found to be invalid, it is the intention of the Parties that the
remainder of the agreement shall remain in full force.
1.7 Declaration
The parties hereby declare that the recitals set of the above are true.
1.8 Attachments
The Attachments to this agreement form part of the agreement and have equal force to other
provisions. In the event of a conflict between the text of the agreement and the Attachments, the
Attachment shall govern.
Section 2 - Performance Provisions
2.1 Security
Before undertaking any work or entering the lands, the Developer shall deposit with the
Municipality, to cover the faithful performance or payment of all obligations arising herein, a sum
of money to be held in trust by the Municipality or an irrevocable Performance Bond or Standby
Letter of Credit from a Canadian chartered bank, acceptable to the Municipality's solicitor, in the
amount of Dollars ($ ) which is hereby agreed by the
Parties to be the total estimated cost of all Improvements required to be done by the Developer
under this Agreement.
2.2 Production of Security:
After the Developer has supplied the Municipality with a Statutory Declaration sworn before a
Commissioner for taking Oaths, attesting that:
2.2.1 all current accounts for supplied materials and completed work for the Improvements
have been paid except for normal holdbacks, and
3
2.2.2 there are no outstanding claims or liens in connection with any completed
Improvements;
and after the Municipality is satisfied that:
2.2.3 there are no outstanding claims or liens concerning the Improvements, and
2.2.4 the Developer has completed all Improvements required under this Agreement,
the Municipality shall supply the Developer with a dated letter (to be called a Certificate
of Completion) worded to the effect that:
2.2.5 the Improvements have been completed to the satisfaction of the Municipality; and
2.2.6 the amount of the Security is reduced to twenty percent (20%) of the amount in Section
2.1 allowing, as the case may be, the corresponding refund of any money held in trust or
the reduction of the amount required in any Letter of Credit.
2.3 Warranty Period
The Municipality shall retain the remaining Security for a minimum period of one (1) year from
the date the Certificate of Completion is issued or the end of the Term, whichever is later, to be
called the "Warranty Period".
2.4 Return of Security
Upon application by the Developer, after the Warranty Period has ended, and if the Municipality
continues to be satisfied with the completed Improvements, the Municipality shall:
2.4.1 assume all rights and responsibilities for the completed Improvements; and
2.4.2 refund or cancel the requirement for the remaining Security.
2.5 Noncompliance
If the Municipality determines that there has been noncompliance with a requirement of this
agreement, the Municipality may, on such notice to the Developer as the Municipality considers
reasonable, have the noncompliance rectified at the Developer's expense and may use the
Security for this purpose or take such enforcement proceedings as the Municipality considers
advisable. This shall include road damage as a result of the transportation route on Bayham
Drive and Clearview Drive to be utilized by the Developer.
Section 3 - Developer Obligations
3.1 Completion of the Work
Except where otherwise noted, the Developer agrees, at its own expense, to undertake and
complete all work ("Improvements") required in Attachment C to this agreement, to the
minimum standards specified, within 1 (one) year of the commencement date set out above.
Thereafter, for the balance of the Term, the Developer shall keep in good repair and maintain all
constructed Improvements
3.2 Assignment
The Developer will not assign or transfer this Agreement or any part of this Agreement to any
individual or corporation without obtaining the prior written consent of the Municipality.
3.3 Protecting the Public
The Developer agrees to erect, place and maintain such barricades, lights or other protection of
persons or property as will adequately protect any person in the area during construction.
4
3.4 Ontario Land Surveyor
Once all Improvements have been constructed, the Developer will have an Ontario Land
Surveyor replace all survey markers destroyed or removed during construction and have the
Surveyor confirm the location of the Improvements by means of a survey drawing and confirm in
writing to the Municipality that all lost survey markers have been re-established.
3.5 Indemnity
The Developer shall indemnify and save harmless the Municipality from any claim, notice,
action, judgment, award or other liability resulting from any activity or occurrence on the Land or
the land upon which the new highway is to be constructed, other than with respect to those
activities being conducted by the Municipality.
3.6 Insurance
The Developer shall deliver to the Municipality evidence of insurance with an insurance
company satisfactory to the Municipality, insuring, for the joint benefit of the Developer and the
Municipality as named insureds, against all claims, liabilities, loss, costs, damages or other
expenses of every kind that the Municipality may incur or suffer as a consequence of personal
injury, including death, and property damage arising out of or in any way incurred or suffered in
connection with the placing, maintenance, operation or repair of the road or any part thereof,
which insurance shall provide coverage with. limits of liability which shall not be less than
$5,000,000.00 at the commencement of the term hereof or such greater amount as may be
specified hereafter by the Municipality having regard for inflation and the amount of damages
which might reasonably be expected to be awarded from time to time by Courts of competent
jurisdiction; and the Developer shall satisfy the Municipality, from time to time, that the
premiums for such insurance have been paid and that such insurance is in full force and effect.
3.7 Utilities
The Improvements undertaken by the Developer include, where applicable, the installation or
relocation of all telecommunications, electrical, natural gas, cable and pipe lines, including new
easements for such utilities as may be required for such lines.
3.8 Traffic Plan
The Developer shall apply for and obtain an 'Annual Over-Dimensional Load' Permit (By-law
2009-072) and shall comply with the traffic plan submitted with the same. The Traffic Plan shall
be attached hereto as Attachment 'D'.
Section 4 - Municipal Obligations
4.1 Entry
The Municipality hereby grants permission to the Developer, during the Term, to enter upon and
to use, the land shown on Attachment A hereto, as Clearview Drive, for the purpose of
undertaking, maintaining and using the Improvements.
4.2 Inspection
Upon notice from the Developer, the Municipality agrees to inspect such Improvements as the
Developer may have constructed from time to time for the purpose of:
4.2.1 confirming that the Improvements inspected by the Municipality have been completed to
the satisfaction of the Municipality;
4.2.2 advising of any apparent defects or deficiencies that require correction or remedial
action; or
5
4.2.3 if all Improvements have been completed, issue the Certificate of Completion pursuant
to Section 2.3 in which case this Agreement shall terminate upon expiry of the warranty
period specified in Section 2.3.
IN WITNESS WHEREOF the Parties hereto have executed this agreement on the day and year first
above written.
We have the authority to bind the Corporations
1926662 ONTARIO INC.
Witness David Oatman, President
THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM
Paul Ens, Mayor
Paul Shipway, Clerk
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8
Attachment "C"
Road Construction Specifications
The Developer is responsible for completing the following works and Improvements at the Developer's
cost.
a) To remove from within the limits of the public highways marked on the Plan, any privately owned
structures, trees, bush or brush, and to properly dispose of all resulting refuse so that no waste material
is left on the Land or public highways.
b) To design, improve or build roadways and other approved road facilities within the limits of Clearview
Drive so that all driving surfaces have a minimum width of 7.4 metres (24 feet) centred within the limits
and so that adequate surface water run-off channels or ditches are provided on either side of the
roadways, as required to suit the topography.
c) To locate approaches as marked on the Plan so that drivers on an approach are able to see other
vehicles on the intersecting road that are 160 metres (525 feet) or less from the intersection, and vice
versa.
d) To construct all roadway and approach driving surfaces with
- a stabilized top layer (clay cap) at least 15 centimetres (6 inches) thick;
- a maximum gradient of 9%; and
- a 15 centimetre (6 inch) high crown evenly sloped to the outside edge of the surface.
e) To construct all ditch side and back slopes so that the slopes do not exceed a rise over run (vertical
to horizontal) ratio of 1:3 and to grade all ditches to eliminate ponding in the ditches.
f) To supply and install galvanized steel or cement culverts where and to at least the minimum
dimensions marked on the Plan.
g) After construction is done, to remove all exposed rocks and other debris from the construction area
and to seed grass on all exposed slopes.
h) To supply, spread and grade on all roadways 2.5 centimetre (1 inch) or smaller diameter gravel at
rate of 153 cubic metres per 1.6 kilometres (200 cubic yards per mile) when a roadway is constructed
and, within one (1) year of the roadway being constructed, to supply, spread and grade additional 2.5
centimetre (1 inch) or smaller diameter gravel at rate of 76.5 cubic metres per 1.6 kilometres (100 cubic
yards per mile) over all roadways.
i) To supply and install traffic signs where and of the type marked on the Plan.
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THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2016- 062
BEING A BY-LAW TO AUTHORIZE THE
EXECUTION OF A SITE PLAN AGREEMENT BETWEEN
1926662 ONTARIO INC. AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, 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
2005-061 pursuant to Section 41 of the said Planning Act.
AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person
shall undertake any development in an area designated as subject to site plan control pursuant
to a by-law enacted under that section without first having received approval, 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 Council of the Corporation of the Municipality of Bayham now deems it
necessary to enter into a Site Plan agreement with 1926662 ONTARIO INC.
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
the Site Plan Agreement between The Corporation of the Municipality of Bayham and
1926662 Ontario Inc. affixed hereto and forming part of this By-law as Schedule "A".
2. THAT the executed agreement be registered at the owner's expense against the land to
which it applies under the Land Titles Registry Elgin # 11.
READ A FIRST AND SECOND TIME this 7th day of July 2016.
READ A THIRD TIME AND FINALLY PASSED this 7th day of July 2016.
MAYOR CLERK
1
SCHEDULE 'A' TO BY-LAW 2016-062
SITE PLAN CONTROL AGREEMENT
1926662 ONTARIO INC.
AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Concession 11 Part Lot 19 RP 11R6183 Part Pt 3 RP 11R8151 6, 7, 9 and 10,
Municipality of Bayham, County of Elgin
2
This Agreement made in duplicate this 7th day of July 2016.
BETWEEN:
1926662 ONTARIO INC.
(hereinafter the "Owner")
Of the First Part
AND:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereinafter the "Municipality")
Of the Second Part
WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of
Bayham in the County of Elgin and Province of Ontario, being Part of Lot 19, Concession 19 RP
11R6183 Part Pt 3 RP 11R8151 Parts 6, 7, 9 and 10 therein, and more particularly identified
and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands" );
AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the
entirety of the Municipality as a site plan control area;
AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan
attached and marked as Attachment "A" hereto (and hereinafter referred to as the "Plan");
AND WHEREAS the Municipality, as a condition of approval of proposed development of the
Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By-
Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the
Municipality;
NOW THEREFORE, in consideration of good and valuable consideration exchanged herein
and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each
party to the other, the receipt and sufficiency of which consideration is hereby acknowledged,
the Owner and Municipality hereby covenant and agree as follows:
1. The Owner agrees that no building permit will be available for the development of the
Lands until the Plan has been approved by the Municipality and further agrees that work
in relation to such development will not commence prior to the issuance of a building
permit.
3
2. The Owner agrees the arrangement contemplated in this Agreement are conditional
upon the approval of a Road Use Agreement for use of lands identified as Clearview
Drive, being Parts 2 and 3 on Registered Plan 11R8151 having been dedicated as public
highway by By-law 2012-071. No use or construction shall commence until such time as
a Road Use/Construction Agreement is executed between the Developer, 1926662
Ontario Inc., and the Municipality.
3. The Owner, having applied for a Zoning By-law amendment (Temporary Zoning), agrees
the arrangements contemplated in this Agreement are conditional upon the approval of
Temporary Zoning designation to permit the temporary storage of turbine blades on the
"Lands". The Municipality agrees to consider the proposed application in the context of
these arrangements.
4. The Attachments hereto and as described below, attached and verified by the signatures
of the Parties hereto, are incorporated in and form part of this Agreement:
Attachment "A" — Lands/Site Plan
Attachment "B" —Grading and Stormwater Management Plan, and
Attachment "C" —Certificate of Compliance.
5. The Parties agree and acknowledge that Attachment "A" (Lands/Site Plan) hereto
identifies the Lands which are subject to this Agreement and, furthermore, depicts and
details the Plan for development of the Lands, including but not limited to;
(a) The location and height of all buildings and structures to be erected;
(b) The location of vehicular entrances and exits;
(c) The location and provision of off-Street vehicular loading and parking facilities,
including driveways for emergency vehicles;
(d) Walkways and all other means of pedestrian access;
(e) The location and provision of fences, trees and all ground cover or facilities for
landscaping the Lands and protecting the adjoining lands and, furthermore,
depicts the lighting, including flood lighting, of the Lands and any building or
structure to be erected thereon;
(f) The location and provision for the collection and storage of garbage and other
waste materials.
6. The Owner agrees and covenants that the Lands will be developed, including but not
limited to any building or structure that is to be erected thereon, in strict accordance with
the Plan depicted on Attachment "A" hereto, subject only to such changes receiving prior
approval from the Municipality.
7. The Parties agree and acknowledge that Attachment "B" ("Grading and Stormwater
Management Plan") hereto depicts and details proposed site servicing facilities for
development of the Lands, including but not limited to;
4
(a) Lot grading information, indicating overland flow to and from adjacent properties,
collection and disposal of surface water and storm water management (if
deemed necessary by the Municipality);
(b) Location of utilities within the road allowance and site connections to these
utilities;
(c) Building finished floor elevations;
(d) Other information as required by the Municipality.
8. The Owner agrees and covenants that the site development and servicing upon the
Lands will be in strict accordance with the Plans depicted on Attachment "B" hereto,
subject only to such changes receiving prior approval from the Municipality.
9. The Owner further agrees that:
(a) Final grades and elevations will be established to the satisfaction of the
Municipality. The Owner will provide proof of final grades and elevations certified
by a professional land surveyor or civil engineer prior to consideration of any
request for final release of any security held by the Municipality relative to the
proposed development of the Lands.
(b) All necessary provisions for service connections on-site will be made to the
satisfaction of the Municipality.
(c) Construction work will be carried out expeditiously, in good and work-man-like
manner, in accordance with good trade practices, and, at all times, so as to
minimize nuisance.
(d) All necessary precautions to avoid dust, noise and other nuisances and to
provide for public safety will, so far as possible, be undertaken so as to achieve
compliance with all federal, provincial, or other municipal regulations or
standards.
(e) All necessary care will be taken to see that mud and soil is not tracked or spilled
onto any public street and, where such tracking occurs, the street shall be
cleaned at the end of each working day.
(f) Garbage disposal facilities will be of an enclosed type located and depicted on
the Site Plan as attached as Attachment "A" hereto, at all times designed in a
manner satisfactory to the Municipality.
(g) Unless otherwise provided, all parking lots and walkways will be finished with
hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality
and have permanent bumper curbing along all parking areas that abut the limits
of the Lands.
(h) No topsoil shall be stockpiled on any other portion of the Lands except those
lands identified for that purpose in Attachment "A" to this Agreement; provided
5
that all topsoil shall be stockpiled and maintained in a manner which allows for
the maintenance of weeds and other noxious plants; and the Municipality may at
all times enter the Lands for purposes of inspection of such stockpiling of topsoil
and, if necessary, for purposes of maintenance of weeds, the cost of which shall
be borne by the Owner and collected either in like manner as municipal taxes or
from any security held by the Municipality to ensure performance of all
obligations by the Owner in respect of the development of the Lands.
(i) Stockpiling of snow will not be allowed on the Lands where it will constitute a
hazard as determined by the Municipality.
(j) The electrical servicing of the Lands shall be subject to the approval of Hydro
One, or any successor utility thereto.
(k) During the period of development of the Lands as contemplated by this
Agreement, if the Owner fails to take any act required for public safety or
convenience, as determined by the Municipality, and upon seven (7) days written
notice, the Municipality, in addition to any other remedy at law, may enter upon
the Lands and undertake any and all works to correct such failure and thereby
reinstate such element of public safety or convenience, the cost of which
municipal work shall be borne by the Owner and collected in like manner either
as municipal taxes or from any security held by the Municipality to ensure
performance of all obligations of the Owner hereunder.
(I) The Municipality is at liberty to consider any breach of this Agreement as a
violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the
Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P.
13, as amended, thereby constituting an offence pursuant to section 67 of the
said Act and, further, entitling the Municipality to seek any manner of remedy or
relief as based thereon, including but not limited to the issuance of a stop work
order and/or injunction to restrain continuation of such breach.
(m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to
comply with any other by-law of the Municipality or any other law, whether federal
or provincial in nature.
10. The Owner shall be responsible for consulting with Hydro One, or any successor utility
thereto, regarding any matters which relate to utility services provided by Hydro One.
11. The Owner shall be responsible for consulting with and obtaining any necessary
approval from any and all regulatory body having an interest in or jurisdiction over the
development of the Lands, including but not limited to the Long Point Region
Conservation Authority and the Ministry of the Environment.
12. The Owner shall satisfy all requirements in relation to fire protection for the building or
buildings or structure or structures to be erected upon the Lands to the satisfaction of the
Fire Chief for the Municipality of Bayham.
13. The Owner agrees to pay for damages to public property, including but not limited to any
municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may
6
occur during the development of the Lands as contemplated by this Agreement. In the
event that the Owner shall fail to repair any such damage within thirty (30) days of
occurrence, the Municipality may enter upon the Lands and effect such repair at the sole
risk and expense of the Owner.
14. The Owner agrees that any and all lighting required for the development of the Lands in
accordance with this Agreement shall be installed and maintained so as not to interfere
with the use or enjoyment of adjacent properties or with the safe flow of traffic on
abutting or adjacent streets, the determination of which interference shall be in the sole
discretion and opinion of the Municipality.
15. The Owner shall landscape and maintain plants and groundcover upon the Lands and in
strict accordance with the Plans and at all times to a standard acceptable to the
Municipality.
16. If the Ontario Building Code requires that an Architect or Professional Engineer, or both,
shall be responsible for the field review of any new building or structure or extension
thereof as contemplated by this Agreement, then the Owner shall not occupy or use or
permit occupation or use of, any such building or structure or extension thereof until after
an Architect or Professional Engineer has delivered approval thereof to the Municipality
by a letter addressed to the Municipality and signed by the said Architect or Professional
Engineer and certifying that all construction and/or services on or in the Lands, including
any such building or structure or extension thereof thereon as required for the
development or redevelopment of the Lands have been installed and/or constructed in a
manner satisfactory to the Architect or Professional Engineer.
17. The Municipality, through its servants, officers, and agents, including its Chief Building
Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter
upon the Lands and/or any building or structure being erected thereon to inspect;
(a) the progress of the development upon the Lands;
(b) the state of maintenance as required by this Agreement;
(c) compliance with any and all laws, whether Federal, Provincial, or Municipal,
including any and all by-laws for the Municipality and more particularly including
By-Law No. 2016-047 as Site Plan Control By-Law; and,
(d) compliance with this Agreement.
18. In the event of any servant, officer, or agent of the Municipality determining, upon
inspection of the Lands and any building or structure erected thereon, that the
development is not proceeding in strict accordance with the Plan, and specifications
filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon
the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such
notice to the Owner at his, her, or its last known address and the Owner shall forthwith
correct the deficiency in relation to which that notice relates or, alternatively, appeal to
the Council of the Municipality of Bayham as hereinafter provided.
7
19. In the event of any servant, officer, or agent of the Municipality, having inspected the
Lands or any building or structure being erected thereon in accordance with this
Agreement, be of the opinion that the state of maintenance of such Lands, building, or
structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice
detailing the particulars of such opinion and the basis therefor, by registered mail, to the
Owner at his, her, or its last known address and the Owner shall forthwith correct the
deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively,
appeal such opinion and the need for correction to the Council of the Municipality of
Bayham as hereinafter provided.
20. In the event that the Owner should disagree with the opinion of the servant, officer, or
agent of the Municipality as to the state of compliance and/or maintenance, such Owner
shall appear before the Council of the Municipality of Bayham, which Council, after
hearing the details of the alleged deficiency and hearing the response of the Owner,
shall express its opinion as to whether the maintenance of the lands, building, or
structure is satisfactory and which decision shall constitute a final determination of the
issue.
21. In the event that the Owner shall fail to obey a stop work order issued pursuant to
section 16 above, the Owner acknowledges and recognizes the right of the Municipality
to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate
relief, including but not limited to an injunction restraining continuation of work upon the
Lands.
22. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant
to sections 16 or 17 above and which notice the Council of the Municipality of Bayham
subsequently determines is correct in accordance with section 19 above, the Council of
the Municipality of Bayham may by by-law direct, on default of the matter or thing being
done by the Owner and after two (2) weeks written notice to the Owner as delivered by
registered mail to the last known address of the Owner, that such matter or thing be
done by or on behalf of the Municipality, at the expense of the Owner, which expense
may be recoverable by action, as municipal taxes, or as drawn from and paid by any
security deposit with the Municipality as security for full performance of all obligations by
the Owner in respect of the development contemplated by this Agreement.
23. The Owner further acknowledges that any contravention of any provision of this
Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of
Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the
Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy
or relief, is subject to prosecution and penalty as provided for in section 67 of such Act.
24. Unless otherwise authorized, in the event that the Owner wishes to revise the
development as described in and depicted in Attachments "A" and/or "B" attached, he,
she, or it shall make application to the Council of the Municipality of Bayham for
reconsideration and approval and, furthermore, the Owner agrees that construction shall
not proceed so as to implement any such revision until approval is given by such Council
or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure
set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended.
8
25. The Owner agrees to pay to the Municipality all administration costs incurred in
connection with the preparation and/or implementation of this Agreement, including all
legal, engineering, and inspection costs.
26. Upon execution of this Agreement and as contribution to capital charges, the Owner
shall pay to the Municipality, in cash or by certified cheque, the amount of
NIL Dollars and Cents ($ ).
27. Upon execution of this agreement and as contribution to Site Plan Review expenses, the
Owner shall pay to the Municipality, in cash or certified cheque, the amount of Five
Hundred Dollars ($500).
28. Before commencing any of the work contemplated herein, the Owner shall supply the
Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing
coverage to a minimum amount of $ 5,000,000 per occurrence, and in a form
satisfactory to the Municipality, thereby indemnifying the Municipality from any loss
arising from claims for damages, injury, or otherwise, in connection with the work to be
undertaken upon the Lands and for which approval contemplated by this Agreement is
granted. The said policy of insurance shall be provided at the time of execution of this
Agreement and shall remain in force until the development contemplated herein is
complete and all required documentation in evidence thereof has been filed with the
Municipality.
29. The Owner hereby identifies the intended completion date for the development
contemplated by this Agreement as on or before July 7, 2017. The Parties agree that it is
a responsibility of the Owner to arrange for completion of the development contemplated
by this Agreement on or before such date and, furthermore, to apply for any extension of
and from such date by no later than sixty (60) days prior to such intended completion
date.
30.As security for the performance and completion of all works required by this Agreement,
the Owner shall provide the Municipality with a Letter of Credit, in the amount of
Dollars and Cents
($ ). The said Letter of Credit will be based on the estimated cost of
alterations to public property, roadways, curbs and gutters and drains, and any repairs
for damages to public property, roadways, curbs and gutters and drains, plus all site-
specific components as identified by the Site Plan and Site Servicing Plan, attached as
Attachments "A" and "B", which are approved under this Agreement. The amount of the
Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit
will be issued by a Chartered Bank or other institution acceptable to the Municipality and
provide specific reference to this Agreement and provide for the value thereof to be
payable to the Municipality at any time or, in part, from time to time, upon written notice
from the Municipality. The Letter of Credit shall be provided by the Owner to the
Municipality at the time of execution of this Agreement and shall remain in force, until
twelve (12) months after completion of the development contemplated by this
Agreement, including but not limited to production of all documentation required for
evidence of such due and proper completion of the Development.
9
31. This Agreement and the provisions thereof do not grant 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 his, her, or its obligations
under this Agreement or any negligence on the part of the Owner in relation to the
Performance of any obligations required by this Agreement.
32. In the event that construction on the Lands has not commenced within the one (1) year
from the date of registration of this Agreement against title to the Lands, the Municipality
may, at its option and on one (1) month written notice to the Owner, declare this
agreement to be terminated, subject to renegotiation at the option of the Municipality. In
the event that the Agreement is terminated as set forth above, the Owner agrees that
construction on the Lands as contemplated by this Agreement will not be commenced or
continued until such time as the terms of this Agreement, at the option of the
Municipality, have been renegotiated.
33. Following completion of the development of the Lands in accordance with the Plans
contemplated by this Agreement and attached as Attachments "A" and "B" hereto, the
Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in
the form and of the content set forth in Attachment "C" hereto, by which Certificate the
Owner shall confirm that all elements of this Site Plan Agreement have been completed
in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being
the Site Plan Control By-Law for the Municipality.
34. The Owner agrees that he, she, or it will not call into question, directly or indirectly and in
any proceeding whatsoever in law or in equity or before any administrative tribunal or
court, the right of the Municipality to enter into this Agreement or to enforce each and
every term, covenant, and condition herein contained and, furthermore, acknowledges
that this provision may be pled as an estoppel as against the Owner in any such case.
35. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs,
executors, ministries, and assigns, to save harmless and indemnify the Municipality from
all losses, damages, costs, charges, and expenses which may be claimed or recovered
against the Municipality by any person or persons arising either directly or indirectly from
any action taken by the Owner in accordance with this Agreement.
36. All facilities, works, and other matters required by this Agreement shall be provided and
maintained by the Owner at its sole risk and expense but at all times to the satisfaction
of the Municipality in accordance with all standards applied by the Municipality and, in
default thereof and without limiting any right or claim to remedy or relief as available to
the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c.
25, as amended, shall apply.
37. This Agreement shall be registered, at the expense of the Owner, against title to the
Lands and the Municipality shall be entitled, subject to the provisions of any statute of
the Province of Ontario, including but not limited to the Registry Act and/or Land Titles
Act, to enforce its provisions against the Owner as named herein, including any
successor in title thereto.
38. This Agreement enures to the benefit of and is binding upon the Parties hereto and their
respective heirs, executors, administrators, and assigns.
10
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and
seals or under cover of duly authorized officials at Bayham, Ontario this 7th day of July, 2016.
Signed, Sealed, and Delivered )
In the presence of )
David Oatman, President
) 1926662 Ontario Inc.
) I have authority to bind the Corporation
) THE CORPORATION OF THE
) MUNICIPALITY OF BAYHAM
) Paul Ens, Mayor
) Paul Shipway, Clerk
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13
ATTACHMENT "C"
CERTIFICATE OF COMPLIANCE
PROPERTY IDENTIFICATION:
Municipal Address:
Owner:
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 Site Plan Agreement
between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as
dated , 20 , and as authorized by By-Law No. 20 - 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 , 20_
Witness Signature
Name of Owner (Print)
Address of Owner (Mailing)
Telephone Number
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2016— 063
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
SPECIAL MEETING HELD JULY 7, 2016
WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of
a municipal corporation are to be exercised by the Council of the municipality;
AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be
exercised by by-law;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
advisable that the proceedings of the meeting be confirmed and adopted by by-law.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in
respect of each recommendation and each motion and resolution passed and other
action by the Council at the special meeting held July 7, 2016 is hereby adopted and
confirmed as if all proceedings were expressly embodied in this by-law.
2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby
authorized and directed to do all things necessary to give effect to the action of the
Council including executing all documents and affixing the Corporate Seal.
READ A FIRST, SECOND AND THIRD TIME and finally passed this 7th day of July, 2016.
MAYOR CLERK