HomeMy WebLinkAboutBy-law No. 2022-010THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-010
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A
SUBDIVISION AGREEMENT BETWEEN 11:28 PROPERTIES INC.
AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
TO PROVIDE FOR THE DEVELOPMENT
OF FOUR BUILDING LOTS IN THE HAMLET OF EDEN,
MUNICIPALITY OF BAYHAM.
THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY
ENACTS AS FOLLOWS:
'I THAT the agreement affixed hereto as Schedule "A", being a Subdivision Agreement
with 11:28 Properties Inc. is hereby approved and the Mayor and Clerk are hereby
authorized and directed to execute the same.
THAT the agreement is to be registered on title to the subdivided lands subject to
Consent Applications E76/21, E77/21, D78/21 and E79/21.
READ A FIRST and SECOND time this 3rd day of March 2022.
READ A THIRD time and finally passed this 31 day of March 2022.
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MAYTOR
CL`E
SCHEDULE `A' TO BY-LAW NO. 2022-010
THIS SUBDIVISION AGREEMENT made in duplicate this 3rd day of March 2022.
BETWEEN:
110�
11:28 PROPERTIES INC.
Hereinafter called the "OWNER OR SUBDIVIDER"
OF THE FIRST PART
THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM
Hereinafter called the "CORPORATION"
OF THE SECOND PART
WHEREAS, the Owner or Subdivider proposes to subdivide and register four building
lots on property described as being Concession 8 Part Lot 22 Part of Lot 11 Registered
Plan No. 258 being Parts 1, 2, 3, 4 of Registered Plan 11R10809, Municipality of
Bayham, County of Elgin (the "Lands"); Registered Plan 11 R10809 showing the said
proposed lots is appended as Schedule "A" to this Agreement;
AND WHEREAS, this Agreement has been made a condition of consent approval by the
County of Elgin Land Division Committee decision of October 27, 2021 of the Owner's or
Subdivider's proposed Consent Applications E76/21, E77/21, E78/21 and E79/21;
AND WHEREAS, the Owner or Subdivider, has agreed with the Corporation to comply
with their requirements with respect to the providing of services for the lands proposed to
be subdivided and other matters hereinafter set forth;
NOW THEREFORE, The Parties herein, in consideration of other good and valuable
consideration and the sum of Two ($2.00) Dollars, of lawful money of Canada, by each
to the other paid (the receipt whereof is hereby by each acknowledged), covenant and
agree with the other as follows:
DEFINITIONS:
sa; "Agreement" shall mean this Subdivision Agreement between the Owner
or Subdivider and the Corporation;
(b) "Corporation" shall mean The Corporation of the Municipality of Bayham
(c) "Council" shall mean the Municipal Council of the Corporation.
(d) "Engineer" shall mean the Engineer of the Corporation and/or any such
Engineer(s) as may be duly authorized and appointed by the Corporation.
(e) "Owner or Subdivider" shall include the applicant for the approval of four
Consent Applications, and the registered owner or owners in fee simple of
the land for which the subdivision of lands is proposed and/or their
respective heirs, executors, administrators and assigns and in addition to
its accepted meaning, shall mean and include an individual, an
association, a partnership, or an incorporated company, and wherever the
singular is used herein, it shall be construed as including the plural.
(f} "Professional Engineer" shall mean a person that qualified, in good
standing and holds a licence as a Professional Engineer in the Province
of Ontario with Professional Engineers Ontario.
SCOPE OF AGREEMENT
(a) The Owner or Subdivider warrant that they are the Owners in fee simple of
the lands and further that they covenant to provide, construct, and install the
works, servicing or facilities (the "Works") as set out in and more particularly
described in this Agreement and the Servicing Plan attached hereto as
Schedule "B1" and the Grading Plan attached hereto as Schedule "B2". The
Works shall be constructed, installed and maintained by the Owner or
Subdivider at its sole cost and at absolutely no expense to the Corporation.
The Works shall be constructed, installed and maintained by the Owner or
Subdivider in a good, workmanlike manner to the industry standard expected
of such Works.
(b) The Owner or Subdivider hereby acknowledges and agrees that nothing in
this Agreement, or the existence of this Agreement, shall be construed or
deemed to fetter the discretion of the Council with regard to any Zoning By -
Law Amendment or other discharge of Council's statutory duties or the Chief
Building Official ("CBO") in the discharge of any of the CBO's statutory duties.
Any person, official or entity exercising its discretion shall have the unfettered
right to do so notwithstanding this Agreement or any provision thereof.
(c) Notwithstanding the generality of section 2(b), the Owner or Subdivider
hereby specifically acknowledges and agrees that nothing in this Agreement
or the existence of this Agreement or the Conditional Consents for severance
herein described shall be deemed or construed to signify, represent or in any
way fetter the discretion of any authority having jurisdiction regarding the
potential for further subdivision of the retained parcel indicated in Consent
Applications E76/21, E77/21, E78/21 and E79/21.
(d) The Owner or Subdivider hereby acknowledges and agrees that this
Agreement does not supersede, fulfill or vitiate the requirement for the Owner
or Subdivider to obtain all permits, pay all fees and otherwise conform to any
legislative, regulatory, local By -Law, permit process or policy that may be
applicable to the Works or development of the lots from the Corporation, the
County of Elgin, the Province of Ontario or any other competent authority
having jurisdiction.
3. CONSULTING ENGINEERS
(a) The Owner or Subdivider agrees to retain a Professional Engineer as the
engineer of the Owner or Subdivider (hereinafter, the "Consulting
Engineer"), to carry out all the necessary engineering and supervise the
work required to be done for the development of the subdivided lots.
Such Consulting Engineer or a successor thereto, shall continue to be
retained until the work provided for in this Agreement is completed and
formally accepted by the Corporation,
(b) The Owner or Subdivider agrees that in the preparation of contract plans
and specifications, the following procedure will be followed by the
Consulting Engineer:
(i} Design all the works covered by this Agreement.
(ii) Prepare plans, profiles and specifications for the said works and to
submit detailed plans, profiles and specifications to the
Corporation for approval prior to the installation of such works.
(iii) Obtain, in conjunction with the Corporation, all the necessary
approvals required prior to the construction of such works.
(iv) Obtain the approval of the Corporation, for the Contractor(s) for
the said works.
(v) Provide full time inspections during the construction of
underground services and part time inspections as necessary for
the surface work.
(vi) Maintain all records of any construction of the said works and
provide them to the Corporation where requested.
(vii) Supervise the construction of any remedial work required by the
Corporation.
(c) The Owner or Subdivider agrees with the Corporation that no public
services will be installed prior to receiving, in writing, approval of the
detailed plans and specifications by the Corporation.
4. PRIVATE WELLS
(a) The Owner or Subdivider hereby agrees and covenants to construct, place or
otherwise install a private individual water well on each of the four lots;
(b) The Owner or Subdivider hereby agrees and covenants to provide water
quantity and quality testing results, inclusive of reporting for bacteria and
nitrate content, meeting Provincial standards for residential use, to the
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Corporation and Southwestern Public Health as a matter of public health and
safety.
SANITARY SEWER CONNECTIONS
(a) The Owner or Subdivider agrees, at its sole cost, to install a sanitary sewer
connection to each of three (3) lots (Servicing Plan Lot A, B and C) making
them accessible for connection to the municipal sanitary sewer collection
system. Lot D has an existing connection.
(b) Such sewer connections shall be constructed to an outlet or outlets according
to the Consulting Engineer's designs approved by and to the satisfaction of
the Corporation and shall be of sufficient size, depth and at locations within
the limits of the approved servicing plan.
(c) No connection to the sanitary sewer system shall be made without the Owner
or Subdivider first obtaining all necessary approvals and authorizations. The
Corporation may consent to or authorize connection into the sanitary sewer
system.
(d) The Owner or Subdivider acknowledges and agrees that it is required to
obtain permits through the Sanitary Sewer Connection Permit process and
pay all applicable fees.
(e) The Owner or Subdivider acknowledges and agrees that it shall be required
to obtain permits from the County of Elgin to perform the installation of the
sanitary sewer connection or any other Works in the County Road 19 (Plank
Road) right of way and fees may be payable for any such applicable permits.
6 DRAINAGE
The Owner or Subdivider agrees to pay all costs for the municipal drainage
engineer to prepare the required reapportionment report of the existing Gilvesy-
Baldwin Municipal Drain drainage assessment schedule to include the four (4)
lots created by Consents E76-79/21.
As security for the performance and completion of the said drain reapportionment
report required by this Agreement, the Owner shall provide the Municipality with a
Security Deposit, in the amount of One Thousand Dollars and Zero Cents
($1,000.00) in the form of a Bank Cheque or Letter of Credit.
The Owner or Subdivider hereby acknowledges that the reapportionment report
described in this section 6 cannot be completed until after the lots have been
created through final approval of the Consent and conveyance of the lots and
that, as such, the Security Deposit or any remaining amount of it following
payment of any invoice herein described shall not be returned until such time as
the reapportionment report is complete and the services of the engineer are paid.
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LOT GRADING
The covenants of this Section 7 regarding the obligations and
responsibilities with regard to lot grading shall be binding upon the Owner
or Subdivider and any successors in title to the Owner or Subdivider. The
covenants expressed in this Section 7 are intended to run with the lands.
(b) The Owner or Subdivider covenants to grade the lots in accordance with
the Grading Plan as set out on Schedule 'B2' to this Agreement.
The Chief Building Official/Drainage Superintendent or designate and/or
the County of Elgin Director of Engineering Services or designate must
approve any deviation from the approved Grading Plan set out at
Schedule 'W" to this requirement in writing.
% ; Before dwelling construction proceeds beyond the basement level, the
Consulting Engineer or an Ontario Land Surveyor shall provide the
Corporation with a certificate confirming the foundations are:
(i) in conformity with the footing and top of foundation wall elevations,
shown on the approved Grading Plan;
(ii) sited entirely on the correct lot and conforms to the applicable
Zoning By -Law. Site surveys are to be attached to the certificate.
(Field notes in lieu of a siting survey will be accepted at this time
to allow construction to proceed.)
Certification of foundation elevations by the Consulting Engineer or
Ontario Land Surveyor shall be taken to mean conformity with the
approved Grading Plan with a tolerance of 150 mm., and will include
verification of top of foundation wall, any steps in the foundation (as
determined by the Corporation) and the garage sill.
Non-conformance to either siting or foundation elevations shall be brought
to the Corporation's attention for further direction, prior to proceeding with
any further construction.
The Consulting Engineer or Ontario Land Surveyor shall then provide the
Corporation with preliminary lot certificates advising that the lot grading
conforms to the approved Grading Plan.
Prior to the release of any lot grading conditions of this Subdivision
Agreement, the Consulting Engineer or Ontario Land Surveyor, shall
provide final certification to the Corporation in the form of as -built
elevations on the Grading Plan in accordance with the approved Plan.
Upon the elevations and grades being established in accordance with this
Agreement, the Owner or Subdivider, shall thereafter, maintain the same
for so long as the Owner or Subdivider is the registered owner of the lot.
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The Parties agree that the Lot Grading Plan, attached hereto, and marked
as Schedule 'B2' is a photographically reduced and un-initialled copy of
the Lot Grading Plan, initialled by the parties on the execution of this
Agreement and that such initialled Plan forms part of this Agreement.
The Parties further agree that in the event that any part or parts of
Schedule '132' are illegible or conflict with the initialled Plan from which it
was made, the initialled Plan shall prevail.
(e) If, in the opinion of the Corporation, the Owner or Subdivider has at any
time during which the Owner or Subdivider is the registered owner of any
lot failed to establish or maintain any such grade or elevation as required
by paragraph 7 (c), the Corporation, may, after giving such notice to the
Owner or Subdivider, as the case may be, enter and re-enter from time to
time upon such lot with equipment, machinery, sod and fill, and do such
works and remove anything from the lot as in the Corporation's opinion,
may be necessary to remedy such default, and the costs thereof, shall be
paid by the Owner or Subdivider, to the Corporation. Any such works or
removal shall constitute a lien on the lot and interest shall be payable on
the amount thereof at the rate of Fifteen percent (15%) per annum,
commencing Fifteen (15) days after the mailing of the statement to the
subsequent Owner or Subdivider, at his/her last known address. This debt
may be recovered by the Corporation by adding the amount to the tax roll
and collecting it in a like manner to taxes, pursuant to section 446 of the
Municipal Act, 2001.
kf1 Where the Owner or Subdivider has sold a lot included in this Subdivision
Agreement the successor in title (subsequent owner) shall not, at any
time, fail to maintain any grade or elevation required to be established or
maintained by paragraph 7 (c). In the event that the subsequent owner
fails or refuses to establish or maintain the elevation required by
paragraph 7 (c), the Corporation may, after giving such notice to the
subsequent owner, enter and re-enter from time to time upon such lot with
equipment, machinery, sod and fill and do such works and remove
anything from the lot as in the Corporation's opinion may be necessary to
remedy such default and the costs thereof, shall be paid by the
subsequent Owner or Subdivider, to the Corporation, and if no lots are
sold, it shall constitute a lien on the lot and interest shall be payable on
the amount thereof at the rate of Fifteen percent (15%) per annum,
commencing Fifteen (15) days after the mailing of the statement to the
subsequent owner, at his/her last known address. This debt may be
recovered by the Corporation by adding the amount to the tax roll and
collecting it in a like manner to taxes, pursuant to section 446 of the
Municipal Act, 2001.
B. ADMINISTRATION AND INSPECTION COSTS
ka) The Owner or Subdivider agrees to pay to the Corporation all
administrative costs incurred in connection with this Agreement, including
legal and engineering costs.
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(b) The Owner or Subdivider hereby agrees to pay all accounts of the
Corporation in connection with the services of the Corporation's
Inspectors. No work specified in the Agreement or in the specifications
shall be carried out unless there is an inspector to ensure that all work is
being completed in accordance with specifications approved by the
Corporation.
1. FINANCIAL PAYMENTS — CAPITAL CHARGES
Except as expressly provided in this Agreement, the charges payable pursuant to
this Paragraph 9 shall be payable by the Owner or Subdivider as specified.
(a)
PARKLAND DEDICATION FEE
The Owner or Subdivider shall provide parkland dedication in the form of
cash -in -lieu $2000.00 per lot payable as a condition of the Consent
Applications.
(b) LOT FRONTAGE AND CONNECTION CHARGES
(i) The Owner or Subdivider acknowledges and will be responsible
for the payment of the Corporation's Lot Frontage and Connection
Charges for the municipal sanitary system as established by the
Corporation. Such payment shall be made at the time of the
issuance of a building permit.
10. GENERAL PROVISIONS
The Owner or Subdivider agrees with the Corporation:
(a)
REGISTRATION OF AGREEMENT
The Owner or Subdivider agrees that this Agreement shall be registered
by the Corporation's Solicitor upon the title to the Lands and agrees to
pay all solicitor's fees and disbursements incurred by the Corporation in
respect to registration of this Agreement, forthwith, upon demand. The
parties hereby agree that the registration of this Agreement is authorized
by sub -sections 51(26) and 53(12) of the Planning Act, RSO 1990 c. P.
13 and section 71 of the Land Titles Act, RSO 1990, c. L. 5 and consent
to such registration.
(b) CONTINUATION OF EXISTING SERVICES
Where the construction of services herein involves a continuation of
existing services to join into the same including adjustment of grades
where necessary, such work shall be completed in a good workmanlike
manner to the specifications of the Corporation and at the expense of the
Owner or Subdivider.
(c) PUBLIC LANDS — FILL AND DEBRIS
To neither dump nor permit to be dumped any fill or debris on, nor to
remove or permit to be removed any fill from any public lands without the
written consent of the authority responsible for such lands. The Owner or
Subdivider shall, on request, supply the Corporation with an
acknowledgement from such authority of the Owner or Subdivider's
compliance with the terms of this clause.
(di fAXES
That prior to the registration of this Agreement the Owner or Subdivider
shall pay the taxes in full for all the lands included in the said Agreement
according to the last revised assessment roll.
(e) SPECIFICATIONS
Unless otherwise specified, any work required under this Agreement shall
be according to the specifications of the Corporation.
Any and all approval of plans and specifications by the Corporation does
not relieve the Owner or Subdivider of responsibility for errors and
omissions in the plans and specifications.
It shall be the responsibility of the Owner or Subdivider to supply any third
party contractor with all necessary information to complete the works
contemplated under this Agreement.
(f) LICENCE TO ENTER
To retain a licence from any subsequent purchaser of the aforesaid lands
to enter upon such lands in order to comply with the provisions of this
Agreement.
(g) UNSOLD LOTS WEED/GRASS CONTROL
The Owner or Subdivider is to provide suitable weed control on any
unsold lots. Failure to do so will result in the Corporation performing the
work and assessing a charge or lien to the property.
(h) CANCELLATION OF AGREEMENT
In the event the subdivision agreement is not registered and the consents
are not completed within one year from the date of approval, the
Corporation may, at its option, on one month's notice to the Owner or
Subdivider, declare this Agreement to be null and void.
(i) NOTICES
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Any notices required to be given hereunder may be given by registered
mail, addressed to the other party at its address according to the most
recent assessment roll and shall be effective as of the date of the deposit
thereof, in the Post Office.
Q) DRIVEWAY APPROACHES
(k)
The Owner or Subdivider or developer shall apply to the County of Elgin
for Road Access Permits and abide by all requirements of access to the
paved County Road 19 (Plank Road).
APPLICABLE LAW
That all work shall be carried out in conformance with any applicable
legislative, regulatory, local by-law, or industry requirements.
1 1. Schedules "A", "B1" and "B2" as listed are attached hereto:
1. Schedule "A" Lot Layout
2. Schedule "B1" Servicing
3. Schedule "132" Grading Plan
All shall form part of this Agreement and time shall be of the essence with
respect to items contained herein.
'12. The Corporation shall be entitled to enforce the provisions of this agreement
against the owner of the lands to which it applies, and subject to the provisions of
the Land Titles Act against any and all subsequent owners of the lands.
13. Each section of this Agreement is distinct and severable. If any Section of this
Agreement, in whole or in part, is or becomes illegal, invalid, void, voidable or
unenforceable in any jurisdiction by any court of competent jurisdiction, the
illegality, invalidity or unenforceability of that Section, in whole or in part, will not
affect the legality, validity or enforceability of the remaining Sections of this
Agreement, in whole or in part.
The Owner or Subdivider may assign this Agreement only with the consent of the
Corporation.
``. All parties hereto shall execute and deliver (or cause to be done, executed and
delivered) all such further acts, documents and other assurances that may be
reasonably required by the parties for the completion of the work contemplated
by this Agreement.
[ONE (1) SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals,
attested to by the hands of their proper officers in that behalf fully authorized.
178 PROPERTIES INC.
Per
i
Greg MiFchell, President
I have authority to bind the corporation.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
gEdKebaw, Mayor
ayer, Clerk
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