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December 21, 2023 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, December 21, 2023 7:00 p.m. The December 21, 2023 Council Meeting will allow for a hybrid meeting function. You may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held December 7, 2023 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council 11. PHYSICAL SERVICES – EMERGENCY SERVICES 11.1 Correspondence 11.1.1 Receive for Information 11.1.2 Requiring Action 11.2 Reports to Council A. Report FR-06/23 by Harry Baranik, Fire Chief/CEMC re Donation of Funds – Straffordville Fire Station Association – Purchase of Utility Terrain Vehicle (UTV) Council Agenda December 21, 2023 2 B. Report PS-19/23 by Ed Roloson, Manager of Capital Projects/Water/Wastewater Operations re Richmond Community Water Supply System – Nitrate Funding 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Decision re Minor Variance A-10/23 Hiebert B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-13/23, 11593 Plank Road 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-68/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Subdivision Agreement 1985763 Ontario Inc. Sandytown Subdivision B. Report DS-69/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E7-24 McLeod, 56557 Heritage Line C. Report DS-70/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E8-24 CHR Farms Ltd. 56573 Calton Line D. Report DS-71/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Housekeeping Zoning Amendment – Zoning By-law No. Z766-2023, Thompson 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Township of Puslinch re Amendments to the Income Tax Act B. County of Elgin re December 6, 2023 County Council Highlights C. Long Point Region Conservation Authority re November 1, 2023 Meeting Minutes D. Long Point Region Conservation Authority re November 8, 2023 Budget Meeting Minutes 13.1.2 Requiring Action A. Straffordville Hall Foundation re SCC Renovation and ICIP Grant 13.2 Reports to Council A. Report CL-16/23 by Meagan Elliott, Clerk re Facility Rental Policy Council Agenda December 21, 2023 3 B. Report CL-17/23 by Meagan Elliott, Clerk re Social Media Policy and Presence C. Report CAO-67/23 by Thomas Thayer, CAO re Amendment to Site Plan Agreement and Development Afreement – 552855 Ontario Ltd. Big Otter Marina and Campground – 5 Bridge Street, SPA-06/23 D. Report CAO-68/23 by Thomas Thayer, CAO re Agreement with Arcadis for Third-Party Planning Services 14. BY-LAWS A. By-law No. 2023-090 Being a by-law to provide for an interim tax levy B. By-law No. 2023-091 Being a by-law to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2024 C. By-law No. 2023-092 Being a by-law to authorize the signing of a subdivision agreement between 1985763 Ontario Inc. and the Corporation of the Municipality of Bayham to provide for the development of a plan of subdivision known as the Sandytown Road subdivision, village of Straffordville, Municipality of Bayham D. By-law No. 2023-093 Being a by-law to authorize the execution of a development agreement between 552855 Ontario Ltd. and the Corporation of the Municipality of Bayham E. By-law No. 2023-094 Being a by-law to amend By-law No. 2023-087 being a by-law for the management, regulation & control of cemeteries F. By-law No. 2023-095 Being a by-law to establish and require the payment for rates and fees G. By-law No. 2023-096 Being a by-law to adopt a facility rental policy H. By-law No. 2023-097 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Arcadis Professional Services (Canada) Inc. I. By-law No. 2023-098 Being a by-law to provide for the abandonment of Branches C and D of the Benner Drain J. By-law No. Z766-2023 Being a by-law to amend By-law No. Z456-2003, as amended – Housekeeping Thompson 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera Council Agenda December 21, 2023 4 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-099 Being a by-law to confirm all actions of Council 18. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, December 7, 2023 7:00 p.m. The December 7, 2023 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER *via Zoom CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS FIRE CHIEF HARRY BARANIK TREASURER LORNE JAMES *via Zoom PLANNING CONSULTANT CHRISTIAN TSIMENIDIS *via Zoom 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Dan Froese declared a pecuniary interest to item 12.2 A. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS Deputy Mayor Weisler reminded residents of the Santa Claus Parade taking place in Straffordville this Saturday, December 9th. Those wanting to be part of the parade are to arrive in the SCC parking lot for 10, and the parade starts at 10:30. CAO Thomas Thayer announced the launch of the new Municipal Website earlier this week and thanked staff for their efforts. Thayer reminded residents that we will be closed as of Noon on Friday, December 22nd and reopen at 8:30 on January 2nd. Thayer also congratulated Mayor Ketchabaw on being re-elected as Elgin County’s Warden. Councillor Chilcott announced the last breakfast at the lodge for the year is December 17th. Councillor Chilcott also commended staff on the new website. Council Minutes December 7, 2023 2 5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held November 16, 2023 Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT the minutes of the Regular Council Meeting held November 16, 2023 be approved as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council 11. PHYSICAL SERVICES – EMERGENCY SERVICES 11.1 Correspondence 11.1.1 Receive for Information 11.1.2 Requiring Action 11.2 Reports to Council A. Report FR-05/23 by Harry Baranik, Fire Chief/CEMC re Grant Received from Enbridge Gas – 2023 Safe Community Assist Project – Education and Training Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report FR-05/23 re Grant Received from Enbridge Gas – 2023 Safe Community Assist Project – Education and Training be received for information. CARRIED B. Report PS-18/23 by Steve Adams, Manager of Public Works/Drainage Superintendent re East Beach Bioswale Maintenance Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott Council Minutes December 7, 2023 3 THAT Report PS-18/23 re East Beach Bioswale Maintenance be received for information; AND THAT further discussions regarding funds for a Municipal Stormwater Management System Operations Manual be referred to 2024 Operating Budget discussions. CARRIED 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Passing of Zoning By-law Amendment ZBA-12/23 Bonnefield Farmland Ontario IV Inc. 55314 Jackson Line B. Notice of Decision re Minor Variance A-08/23 Thiessen 45 Chatham Street C. Notice of Meeting re Proposed Minor Variance A-10/23 Hiebert 6 MacNeil Court Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT items 12.1.1 A – C be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-64/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E2-24 Dan Froese and Dan Froese Farms Inc. Councillor Froese left the table at 7:25pm Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-64/23 regarding the Consent Application E2-24 Dan Froese and Dan Froese Farms Inc. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E2-24 be granted subject to the following conditions and considerations: 1. The owner obtain approval of a Zoning By-law Amendment for the proposed severed parcel from an Agricultural (A1) zone to a Rural Residential (RR) Zone with a Site-specific exception to recognize and permit the existing Front Yard Depth of 8.5 metres for the existing dwelling 2. The owner obtain approval of a Zoning By-law Amendment for the proposed Council Minutes December 7, 2023 4 retained lands from an Agricultural (A1) zone to a Special Agricultural (A2) zone to prohibit new dwellings 3. That the owner removes the existing mobile home trailer on the subject property 4. That the owner provides the Planning Report fee payable to the Municipality 5. That the owner provides a digital copy of the final survey of the subject lands to the Municipality 6. That the owner purchases a civic number sign for the retained parcel from the Municipality CARRIED Councillor Froese returned to the table at 7:28pm B. Report DS-65/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E4-24 Lankhuijzen Farms Ltd. Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report DS-65/23 regarding the Consent Application E4-24 Lankhuijzen Farms Inc. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E4-24 be granted subject to the following conditions and considerations: 1. The owner obtain approval of a Zoning By-law Amendment for the proposed severed parcel from an Agricultural (A1) zone to a Site-specific Rural Residential (RR-XX) zone to permit the Rear Yard Depth of 3.0 metres, permit the existing oversized accessory building of 285 m2 constructed prior to the passing of the future By-law, as well as the prohibition of the keeping of livestock 2. The owner obtain approval of a Zoning By-law Amendment for the proposed retained lands from an Agricultural (A1) zone to a Site-specific Special Agricultural (A2-XX) zone to prohibit new dwellings and recognize the existing supplementary farm dwelling constructed prior to the passing of the future By-law 3. That the owner enters into a Development Agreement with the Municipality to register the existing supplementary farm dwelling (bunkhouse) and agree to the standard agreement for supplementary farm dwellings 4. That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the Vienna Line Drain in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 5. That the owner removes the existing two (2) greenhouse buildings/structures from the subject property 6. The owner removes the existing shed, located directly north and adjacent to the existing barn on the proposed severed lot, from the subject property 7. That the owner provides the Planning Report fee payable to the Municipality Council Minutes December 7, 2023 5 8. That the owner provides a digital copy of the final survey of the subject lands to the Municipality 9. That the owner purchases a civic number sign for the retained parcel from the Municipality CARRIED C. Report DS-66/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E6-24 Gregory Underhill Farms Ltd. Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report DS-66/23 regarding the Consent Application E6-24 Gregory Underhill Farms Ld. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E6-24 be granted subject to the following conditions and considerations: 1. The owner obtain approval of a Zoning By-law Amendment for the proposed severed parcel from an Agricultural (A1) zone to a Rural Residential (RR) Zone 2. The owner obtain approval of a Zoning By-law Amendment for the proposed retained lands from an Agricultural (A1) zone to a Special Agricultural (A2) zone to prohibit new dwellings 3. That the owner provides the Planning Report fee payable to the Municipality 4. That the owner provides a digital copy of the final survey of the subject lands to the Municipality 5. That the owner obtain a Road Access Permit from the Municipality for a new access to the retained lands 6. That the owner purchases a civic number sign from the Municipality for the retained parcel CARRIED D. Report DS-67/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-11/23 Shaw & Shipway Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report DS-67/23 regarding the Shaw and Shipway rezoning application ZBA- 11/23 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held September 21, 2023 associated with this application, there were no written submissions and no oral presentation received regarding this matter; Council Minutes December 7, 2023 6 AND THAT Council considered Staff Report DS-57/23 on October 5, 2023 and deferred the application for the purpose of obtaining additional information regarding MDS II Report /Analysis, Nutrient Management Strategy and LPRCA comments; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Council defer the requested Zoning By-law Amendment Application ZBA- 11/23, subject to the applicant amending the application for further consideration: a) by proposing a reduced number and/or type of livestock that generate less odour, and reduces the required MDS II setbacks; and, b) by submitting an MDS II Map/Schedule and associated calculations prepared by a qualified professional, similar to what was prepared by municipal staff, demonstrating that the proposed livestock accessory buildings/structures are located outside of the required MDS II setbacks to ensure that the intent and purpose of the MDS Guidelines are met. CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Prince Edward County re Ministry of the Environment, Conservation and Parks Expand Permit-By-Rule Proposal B. Loyalist Township re Ministry of the Environment, Conservation and Parks Expand Permit-By-Rule Proposal C. Municipality of Tweed re Funding Grant Programs D. Town of Bracebridge re Request for Amendment to Legislation Act, 2006 E. Township of Puslinch re Illegal Land Use Enforcement F. Township of Puslinch re Amendment to the Legislation Act, 2006 G. Elgin County re November 14, 2023 County Council Highlights H. Elgin Group Police Services Board re Plank Road at Chute Line and Northern Vienna Bridge I. Elgin Group Police Services Board re September 20, 2023 Minutes J. Capstone Infrastructure re Virtual Public Community Meeting Council Minutes December 7, 2023 7 Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT items 13.1.1 A – J be received for information; AND THAT staff be directed to report back to Council with further information surrounding item A. CARRIED 13.1.2 Requiring Action A. Susanne Schlotzhauer re Request for Action, Lighthouse Reserve Funds Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT the correspondence from Susanne Schlotzhauer re Request for Action, Lighthouse Reserve Funds be received for information; AND THAT the correspondence be referred to the 2024 operating budget deliberations. CARRIED B. Grand River Conservation Authority re Lake Erie Region Source Protection Committee Municipal Member Nomination Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT the correspondence from the Grand River Conservation Authority re Lake Erie Region Source Protection Committee Municipal Member Nomination be received for information; AND THAT Council for the Municipality of Bayham supports the nomination of Alex Piggot, Manager of Environmental Services at the Municipality of Central Elgin, as municipal representative for Group 7 on the Lake Erie Region Source Protection Committee. CARRIED C. Long Point Region Conservation Authority re 2024 Draft Budget Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the correspondence from the Long Point Region Conservation Authority re 2024 Draft Budget be received for information. CARRIED Council Minutes December 7, 2023 8 13.2 Reports to Council A. Report TR-17/23 by Lorne James, Treasurer re Revised Cemetery By-laws and Rates and Fees Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Staff Report TR-17/23 re Revised Cemetery By-Laws and Rates and Fees be received for information; AND THAT Council approve the changes to the Cemetery By-Laws, Nos. 2015-116 and 2016-057; AND THAT the appropriate by-laws be brought forth for Council’s consideration; AND THAT staff be directed to forward the revised by-laws to the Bereavement Authority of Ontario for acceptance. CARRIED B. Report CL-14/23 by Meagan Elliott, Clerk re Update to Municipal Rates and Fees Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report CL-14/23 re Update to Municipal Rates and Fees be received for information; AND THAT the updated rates and fees be approved with the following amendments: - By-law exemption and noise exemption request to $50 AND THAT the appropriate by-law be brought forward for Council’s consideration; AND THAT a Facility Rental Policy be presented to Council for consideration. CARRIED C. Report CL-15/23 by Meagan Elliott, Clerk re Diversity, Equity and Inclusion Plan Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report CL-15/23 re Diversity, Equity and Inclusion Plan be received for information; AND THAT the Council for The Corporation of the Municipality of Bayham adopts the Council Minutes December 7, 2023 9 Diversity, Equity and Inclusion Plan as presented. CARRIED D. Report CAO-61/23 by Thomas Thayer, CAO re Amendment to Site Plan Agreement Lighthouse Gospel Church – SPA-01/23 Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Report CAO-61/23 re Amendment to Site Plan Agreement – Lighthouse Gospel Church – 59 Victoria Street, Port Burwell (Application No. SPA-01/23) be received for information. CARRIED E. Report CAO-62/23 by Thomas Thayer, CAO re Enabling Accessibility Fund – Grant Award and Agreement Authorization Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report CAO-62/23 re Enabling Accessibility Fund – Grant Award and Agreement Authorization be received for information; AND THAT the Chief Administrative Officer and Mayor be directed to execute an Agreement with His Majesty the King in Right of Canada, as represented by the Minister of Employment and Social Development, in respect of the Enabling Accessibility Grant awarded for the Marine Museum Accessibility Improvements; AND THAT the appropriate authorizing by-law be brought forward for Council’s consideration; AND THAT Capital Item FA-06 be removed from the approved-in-principle 2024-2033 Capital Budget; AND THAT the $20,000 in funding identified for Capital Item FA-06 be re-allocated to Capital Item FA-07. CARRIED F. Report CAO-63/23 by Thomas Thayer, CAO re Straffordville Community Centre Expansion – Timeline Update and Financial Impacts Moved by: Councillor Chilcott Seconded by: Councillor Froese Council Minutes December 7, 2023 10 THAT Report CAO-63/23 re Straffordville Community Centre Expansion – Timeline Update and Financial Impacts be received for information. CARRIED G. Report CAO-66/23 by Thomas Thayer, CAO re Amendment to Site Plan Agreement Periscope Playhouse – SPA-05/23 Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report CAO-66/23 re Amendment to Site Plan Agreement – Periscope Playhouse Inc. – 42 Wellington Street, Port Burwell (Application No. SPA-05/23) be received for information. CARRIED 14. BY-LAWS A. By-law No. 2023-086 Being a by-law to authorize the execution of an enabling accessibility fund agreement between His Majesty the King in Right of Canada and the Corporation of the Municipality of Bayham for works to the Marine Museum entrance and washroom B. By-law No. 2023-087 Being a by-law for the management, regulation and control of cemeteries C. By-law No. 2023-088 Being a by-law to adopt schedules A – H for the management, regulation and control of cemeteries Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT By-law Nos. 2023-086, 2023-087 and 2023-088 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Council do now rise to enter into an “In Camera” Session at 9:43 p.m. to discuss: Council Minutes December 7, 2023 11 A. Confidential Item re Labour relations, employee negotiations (Compensation) B. Confidential Item re Sale or disposition of land; a position, plan, procedure, criteria or instruction to be applied to any negotiations on or to be carried on by or on behalf of the Municipality or local board (Faye Street) CARRIED 16.2 Out of Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Council do now rise from the “In Camera” Session at 10:13 p.m. and report on Confidential Item re Labour relations, employee negotiations (Compensation) and Confidential Item re Sale or disposition of land; a position, plan, procedure, criteria or instruction to be applied to any negotiations on or to be carried on by or on behalf of the Municipality or local board (Faye Street). CARRIED Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Confidential Item re Labour relations, employee negotiations (Compensation) be received for information; AND THAT staff proceed as directed. CARRIED Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Confidential Item re Sale or disposition of land; a position, plan, procedure, criteria or instruction to be applied to any negotiations on or to be carried on by or on behalf of the Municipality or local board (Faye Street) be received for information; AND THAT staff proceed as directed. CARRIED 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-089 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Council Minutes December 7, 2023 12 Seconded by: Councillor Chilcott THAT Confirming By-law No. 2023-089 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 10:15 p.m. CARRIED MAYOR CLERK REPORT FIRE DEPARTMENT TO: Mayor & Members of Council FROM: Harry Baranik, Fire Chief/CEMC DATE: December 21, 2023 REPORT: FR-06/23 SUBJECT: DONATION OF FUNDS – STRAFFORDVILLE FIRE STATION ASSOCIATION – PURCHASE OF UTILITY TERRAIN VEHICLE (UTV) BACKGROUND Over the past five (5) years, the Straffordville Fire Station Association has been raising money in order to purchase a side-by-side Utility Terrain Vehicle (UTV) for the Municipality of Bayham. Donations have been raised through fundraising events, seeking private donations, and the assistance of the Port Burwell Fire Association. The need for such a vehicle cannot be underestimated. There have been many calls where the fire department personnel have been hindered in their attempts to reach a scene. Firefighters can be exhausted before they start their operations for they have been required to manually carry their equipment from the vehicles to the scene. DISCUSSION The Straffordville Fire Station Association struck a committee to investigate the best suited UTV to meet their needs and the cost for such a vehicle. Through their committee they learned how each manufacturer had uniqueness to their product. The Municipality’s Procurement Policy (By-law No. 2015-030) requires that, for purchases under $50,000, three (3) quotes must be obtained through the Request For Quote process. The three quotes are identified below (not including PDI or HST): Davidsons Sports: Pioneer 1000 -3P EPS $23,502.00 Fast Track Power Sports: Kawasaki Pro FX $20,499.00 McKee Sport Garden: Kawasaki FNN $21,999.00 After review of the products available and their availability, the committee decided that McKee Sport Garden quote should be accepted. The Kawasaki was the machine of choice as it provides for a better electrical package that would be an upgrade compared to other makes, it provides automatic suspension leveling which is important when caring patients, and lastly has an extended paid load. Lastly, they had the product on site and is available prior to being subject to next year’s increases. At this time, the UTV will be delivered to the Station. The committee will then look into the emergency lighting packages, decaling required and a trailer. The Fire Department will look at to the cost of installing an old mobile radio, licensing of the unit under the Municipality of Bayham, and assisting with the purchase of an appropriate trailer, which will be funded from the Fire Department’s operations budget. The Straffordville Fire Station Association will be further seeking the best unit for the paid load regarding wildland firefighting equipment and patient transportation. STRATEGIC PLAN 3.1: Quality of Governance > To undertake strategies and technology and knowledge capital investments that continuously improve a service-oriented governance approach in Bayham. Initiative(s): Continue to develop knowledge regarding new innovative strategies in Fire Services. 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s) Not applicable. RECOMMENDATION 1. THAT Report FR-06/23 re Donation of Funds – Straffordville Fire Station Association – Purchase of Utility Terrain Vehicle (UTV) be received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham accepts the receipt of donation funds from the Straffordville Fire Station Association and authorizes the purchase of one (1) UTV for the Straffordville Fire Station in the amount of $21,999 + HST and PDI, as provided for in the quote from McKee Sport Garden, to be paid for in full from said donation funds. Respectfully submitted: Harry Baranik Fire Chief/CEMC B.A., CMM III Police Professional/Fire Services Executive, CAFI Reviewed by: Thomas Thayer, CMO, AOMC Chief Administrative Officer REPORT PHYSICAL SERVICES TO: Mayor & Members of Council FROM: Ed Roloson, Manager of Capital Projects|Water/Wastewater Ops. DATE: December 21, 2023 REPORT: PS-19/23 SUBJECT: RICHMOND COMMUNITY WATER SUPPLY SYSTEM – NITRATE FUNDING BACKGROUND This Report is bringing information forward regarding source water protection funding made available through the Ministry of the Environment, Conservation and Parks (MECP). DISCUSSION Earlier this year, the MECP announced funding opportunities related to source water protection projects. Staff, in consultation with the Grand River Conservation Authority (GRCA) and BluMetric Environmental (Source Water Protection Consultants) directed the completion of an application for the Richmond Community Water Supply System specific to the source and distribution of nitrates within the confined municipal aquifer. The proposed work plan, schedule, and budget are attached as per BluMetric Environmental. Staff have recently been advised that the application was successful and will receive a funding level of 100 percent ($75,000). The defined work plan is anticipated to be completed by March 31, 2024 followed by a findings report prepared by BluMetric Environmental. Staff recommend Council authorize and enter into a Memorandum of Agreement with the GRCA for this grant and the works to be completed. STRATEGIC PLAN 1.1: Quality of Place > To invest in community infrastructure initiatives that create an effective foundation that contributes to Bayham’s quality of life and economic prospects Initiative(s): Focus on core infrastructure based on the Asset Management Plan and compliance with legislation 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Actively seek and apply for grants that support operational and capital projects. ATTACHMENTS 1. BluMetric Environmental – MECP Funding, Work Plan, Schedule and Budget. 2. Memorandum of Agreement between the Grand River Conservation Authority and the Municipality of Bayham. RECOMMENDATION 1. THAT Report PS-19/23 re: MECP nitrate funding for the Richmond Community Water System be received for information; 2. AND THAT the Council authorize the execution of the Memorandum of Agreement between The Corporation of the Municipality of Bayham and the Grand River Conservation Authority; 3. AND THAT the appropriate authorizing by-law be brought forward for Council’s consideration. Respectfully Submitted by: Reviewed by: Ed Roloson, CMM III, CRS Thomas Thayer, CMO, AOMC Manager of Capital Projects| Chief Administrative Officer Water/Wastewater Operations Tel. 877.487.8436 BluMetric Environmental Inc. 3B-209 Frederick Street, Kitchener, Ontario, Canada N2H 2M7 www.blumetric.ca 10 October 2023 Project Number: 160398 Mr. Ed Roloson, CMM III, CRS Manager of Capital Projects / Water & Wastewater Operations Manager Municipality of Bayham 9344 Plank Road Straffordville, ON N0J 1Y0 Email: eroloson@bayham.on.ca Re: Richmond Community Drinking Water System – MECP Funding, Proposed Work Plan, Schedule and Budget Dear Mr. Roloson (Ed): BluMetric Environmental Inc. (BluMetric®) is pleased to partner with the Municipality of Bayham in completing the following scope of work as funded by the Ontario Ministry of the Environment, Conservation and Parks (MECP). The funding opportunity was presented to us on April 5, 2023 as the Municipality of Bayham’s RMO/RMI by the Source Protection Program Manager at the Lake Erie Source Protection Region (LESPR). At that time, we were asked to provide the LESPR a description of the proposed work and a cost estimate by Friday April 14, 2023 and confirm that the work could be completed by March 31, 2024. The following provides the rational, the original proposed work plan, schedule and budget estimate for the Municipality of Bayham – Richmond Community Drinking Water System that was submitted to the LESPR Program Manager on April 14, 2023. Of note, on June 8, 2023, the MECP via the LESPR asked some follow-up questions about the proposed scope of work. The questions and our responses are also provided below for reference. RATIONAL The Lake Erie Region Source Protection Committee (SPC) received the attached report at their April 1, 2021 meeting. This report provides the necessary background information to better understand the rational for the proposed work plan described herein. Municipality of Bayham Richmond Community Drinking Water System LESPR – MECP Funding October 10, 2023 Page 2 While the long-term trend in nitrate concentration is decreasing, as reported in the 2022 annual report the short- term trend (the past two years) is increasing in one of the two source wells. In addition, there continues to be significant variability in seasonal nitrate concentrations at both wells although there has been limited to no change in activities within the ICA in the last few years. There is therefore a need to better understand the source and distribution of nitrate in the confined municipal aquifer. For example, while the policy implementation within the ICA has demonstrated that a reduction in overall nitrate concentration is possible, the root cause of the significant seasonal variability of the nitrate concentrations including the cause for the recent increasing trend in nitrate concentration is not understood. Furthermore, while there has not been any nitrogen including synthetic fertilizer applied within WHPA-A since 2017, crop rotations that include a nitrogen fixing crop such as alfalfa or clover have been in place within the ICA. Due to the dynamic nature of nitrogen cycle, when these crops are incorporated, they could be contributing nitrate to the source water. In addition, characterizing nitrate distribution within the ICA will provide a needed understanding of legacy nitrate concentrations versus emerging nitrate concentrations as a result of implementing SPP policies within the ICA. This would in turn inform whether potential operational changes such as pumping strategies could possibly be used to avoid capture of nitrate if the nitrate is vertically stratified as is often the case in overburden aquifers. In summary, this work would provide essential insight and therefore enhance the municipality’s ability to target mitigative measures in the RMP and thereby reduce the risk of nitrate concentrations increasing again while also assessing the need for monitoring nitrate on a monthly basis which has been completed since February 2015 (8 years). WORK PLAN Install one or two shallow nested monitoring wells within WHPA-A to continually monitor water levels over a representative period of pumping the supply wells to assess if the vertical gradients caused by different pumping scenarios influence the potential capture of nitrate impacted groundwater. Collect groundwater samples from the nested monitoring wells and analyse for the same parameters as the historic nitrate investigation in 2017 to assess whether the nitrate in the wells is still ‘most likely associated with synthetic fertilizers’ or if the likely source has changed. Survey and assess changes in land use activities (septic system loading) including agricultural activities with respect to significant drinking water threats within the ICA. Characterize nitrate distribution within the ICA. Evaluate pumping scenarios between the two source wells. Municipality of Bayham Richmond Community Drinking Water System LESPR – MECP Funding October 10, 2023 Page 3 Assess the potential source of nitrate and make recommendations on how to prioritize mitigative measures to address the recent increase in nitrate concentration in the one supply well. SCHEDULE This work can be completed by March 31, 2024 assuming cooperation with land owners and funding being in place by June 2023. COST ESTIMATE Depending on the number of nested monitoring wells that may be installed the cost to complete the proposed work plan would be $50,000 and $75,000. FOLLOW-UP QUESTONS BY THE MECP On June 8, 2023, BluMetric received the following follow-up questions from the MECP via the LESPR about the funding proposal we submitted on behalf of the Municipality of Bayham. Also provided are the responses we gave on June 13, 2023 after consulting with the Municipality of Bayham. 1) The MECP would like to confirm that all of the proposed work can by completed by March 31, 2024. Response: Yes, if funding is provided before August, then the majority of the work can be completed in 2023 and the nitrate assessment reported could be completed by March 31, 2204. 2) For the first two bullets (monitoring well installation and collection/analysis of groundwater samples) it sounds like the MECP will not be able to fund this type of work. Are you able to break down the budget estimate provided to show what portion was for these two items compared to the remaining bullets? Response: We had a preliminary cost estimate for installation of two nested monitoring wells of approximately $10,000. Sampling and nitrate isotope analysis would likely be about another $2,500. However, would the MECP consider funding standard nutrient/ nitrate analysis for approximately $50-100 a sample from the upgradient domestic wells (we might have access to about 3-5)? Municipality of Bayham Richmond Community Drinking Water System LESPR – MECP Funding October 10, 2023 Page 4 3) The MECP also asked if the municipality will be able to find another source of funding for the first two items *if* they are not able to fund the work? The MECP need some certainty that the work can be completed March 31, 2024. Response: The municipality has invested in level loggers and a SCADA system that could serve as a surrogate data set for drawdown and vertical gradient calculations in the assessment. However, they do not have any other funding available to complete the analytical analysis beyond what they are already doing each month when sampling the nitrate in the source wells. A general updated assessment on nitrate within the ICA could be completed before March 31 although with less directly measured vertical gradients in the WHPA-A, the results may be less conclusive. CLOSING On October 2, 2023, the Source Protection Program Manager at the LESPR advised that the MECP has confirmed that the Richmond Community Drinking Water System project will receive $75,000 in funding for the 2023-24 fiscal year. However, the details of the funding arrangements have not been confirmed at this time. If you have any questions regarding the information described above, please do not hesitate to contact Tiffany Svensson at 519-581-7035. Regards, BluMetric Environmental Inc. Tiffany Svensson, M.Sc., P.Geo. Senior Hydrogeologist Encl. Ref: 160398 Bayham Work Plan and Budget SWP - MECP Funding Oct 2023.docx LAKE ERIE REGION SOURC E PROTECTION COMMITTEE REPORT NO. SPC-21-04-05 DATE: April 1, 2021 T O: Members of the Lake Erie Region Source Protection Committee SUBJECT: Update to Richmond Community Drinking Water System Nitrate Concentrations – Positive Effects of Source Protection RECOMMENDATION: THAT the Lake Erie Region Source Protection Committee rec eives report SPC-21-04-05 – Update to Richmond Community Drinking Water System Nitrate Concentrations – Positive Effects of Source Protection - for information. SUMMARY: The municipal water supply system for the Community of Richmond, located in the Municipality of Bayham, consists of two shallow overburden wells. Elevated nitrate concentrations at both wells were identified as a drinking water Issue under the Technical Rules in 2017 and Part IV prohibition and risk management plan policies are being implemented to address the elevated nitrate concentrations . Changes in land management have resulted in decreasing nitrate concentrations in the wells . Nitrate concentrations continue to be monitored by the municipality on a monthly basis. REPORT: Background The Community of Richmond is located 12 km east of Aylmer and 17 km southwest of Tillsonburg, within the Municipality of Bayham. The municipal water supply system currently services approximately 51 residences. Land use in the area is predominantly rural agricultural. In 2013, the municipality installed three wells (TW1-10, TW2-12 (OW2), and TW3-12 (OW3)) as a replacement to the previously used surface water collection system to supply municipal water to the community of Richmond. Of the three wells originally drilled, two are now in use as municipal wells. Both wells are screened in the same confined overburden aquifer. In September 2017, the Source Protection Committee received report SPC -17-09-05 - Richmond Nitrate Issue Identification, Issue Contributing Area Delineation and Policy Changes. In the report, staff recommend that nitrate be identified as an Issue under Technical Rule 114 of the Clean Water Act, 2006 and a nitrate issue contributing area (ICA) be delineated for the Richmond wellfield. The ICA encompasses WHPA-A and WHPA-B (Figure 1). Policies within the ICA include prohibition of fertilizer application, storage and handling as a current and future land use activity within WHPA-A and the development of Risk Management Plans for fertilizer application, storage and handling for current and future land use activities in WHPA-B. 59 Figure 1: WHPAs and nitrate ICA for the Richmond Wellfield Nitrate Concentrations In February 2015, the Municipality of Bayham began a monthly nitrate sampling program for both municipal wells. Nitrate isotope and artificial sweetener analysis was also undertaken to better understand the potential sources of nitrate. The annual monitoring report issued in February 2017 reported that the nitrate in municipal wells TW2-12 (OW2) and TW3-12 (OW3) is most likely associated with synthetic fertilizers. Monthly observed nitrate concentrations for both wells are shown on Figure 2. 60 Figure 2: Nitrate concentrations at OW2 and OW3 for the Richmond Wellfield Nitrate concentrations at OW2 and OW3 have an overall decreasing trend from a maximum concentration in March 2015 of approximately 17 mg/L to a minimum of approximately 6 mg/L in November/December 2020. There is high variability of nitrate concentrations in the two wells, particularly at OW3 in 2015 to 2017 and at OW2 periodically from 2017 to 2021. The cause for the observed variability in nitrate concentrations is believed to be seasonal effects and differences in pumping rates. Further investigation of how pumping rates and climate data could affect the observed nitrate concentrations would need to be undertaken to confirm . Source Protection Efforts Source protection efforts to reduce nitrate concentrations at the Richmond Community Drinking Water System began in 2015. These efforts included: • Voluntary “prohibition” measures in WHPA-A by a cooperative property owner (i.e. no Agricultural Source Material (e.g., manure), commercial fertilizer or pesticide application), • On-going drinking water treatment and raw water quality monitoring at the Richmond water supply wells, • Public engagement through an open house to inform property owners of source protection efforts of the Richmond water supply wells, and • Septic system location confirmation and inspections within the WHPA-A. 0 2 4 6 8 10 12 14 16 18 20 14-Aug-13 27-Dec-14 10-May-16 22-Sep-17 4-Feb-19 18-Jun-20 31-Oct-21Nitrate-N (mg/L)Date Richmond Water Supply Wells -Municipality of Bayham OW2 OW3 Linear (OW2)Linear (OW3) 61 Key observations that were noted as a result of source protection efforts listed above include: • Having a good understanding of the science and source of the issue will allow a focus on activities that are more likely to address the issue, including starting with activities that directly address the issue in the priority area. • Important to have engagement and cooperative landowners, voluntary actions can go a long way when there are challenges around implementing polic ies in the Source Protection Plan. • Keep working at managing parameter of concern (nitrate) input, as it will make a difference over time. On-going efforts to reduce nitrate concentrations include implementation of policies in the Source Protection Plan, continuous monthly nitrate monitoring, inspections of activities in the WHPA-A, and RMP negotiations with respect to activities in WHPA-B. Prepared by: Approved by: _______________________________ _______________________________ Emily Hayman, M.Sc., P.Geo. Martin Keller, M. Sc. Source Water Hydrogeologist Source Protection Program Manager 62 1 MEMORANDUM OF AGREEMENT prepared in December, 2023. BETWEEN The Grand River Conservation Authority Hereinafter called the “Conservation Authority” THE PARTY OF THE FIRST PART AND The Corporation of the Municipality of Bayham Hereinafter called the “Municipality” THE PARTY OF THE SECOND PART WHEREAS The Lake Erie Region Source Protection Committee is required to develop, and, from time to time, update a Source Protection Plan under the Clean Water Act, 2006, and The Ontario Ministry of the Environment, Conservation and Parks, hereinafter referred to as “MECP”, has provided funding for activities associated with completing watershed science for the purposes of updating the Long Point Region Source Protection Area Assessment Report and consequently the Long Point Region Source Protection Area Source Protection Plan, and The Municipality wishes to undertake monitoring and analysis of nitrate pertaining to the Issue Contributing Area of the Richmond Community Drinking Water System, and hereinafter referred to as the “Project”, and The scope of work, deliverables and expenditures respecting the Project, outlined in Schedule A as attached meets the eligibility criteria as executed in the Ontario Transfer Payment Amending Agreement for Drinking Water Source Protection effective November 1, 2023, hereinafter referred to as the “Grant Funding Agreement”, and The Conservation Authority has authorized the release of funds to the Municipality corresponding to the planned expenditures described in Schedule A, NOW THEREFOR WITNESSETH that in consideration of the covenants contained herein, the Conservation Authority and the Municipality mutually agree as follows: 2 1.0 ROLES AND RESPONSIBILITIES OF THE PARTIES 1.1 Responsibilities of the Conservation Authority The Conservation Authority shall: 1. provide funding to the Municipality in accordance with the terms of this Agreement; and 2. provide financial and progress reports to MECP as set out in the Grant Funding Agreement, or as otherwise established by MECP; 1.2 Responsibilities of the Municipality The Municipality shall: 1. provide project management for the tasks identified in Schedule A for the Municipality and the consultant(s) retained by the Municipality (the “Consultant(s)”); 2. provide financial and progress reports to the Conservation Authority in support of the overall financial and progress reporting that the Conservation Authority is required to provide to MECP under the Grant Funding Agreement, and outlined in Schedule A, or as otherwise established by the MECP in direction to the Conservation Authority; 3. undertake and complete the tasks as set out in Schedule A, in good workmanlike order; 4. contract for consulting services; and 5. provide copies of deliverables, and any subsequent updates made during the term of this Agreement, to the Conservation Authority in accordance with the format and timelines specified in Schedule A. 2.0 TERMS 2.1 Effective Date This Agreement will come into effect upon signing by both parties (“Effective Date”). 2.2 Entire Agreement All attached schedules constitute part of this Agreement. The Schedules include: Schedule A: Project Scope of Work, Deliverables and Expenditures 2.3 Modification This Agreement may be amended only by a written notice duly executed by both parties. No modification, change, or amendment of this Agreement shall be valid or deemed to be valid unless in writing and signed by both parties. 3 2.4 Disputes All disputes respecting the subject-matter of this Agreement or its interpretation shall be resolved in accordance with the following: The parties shall attempt to resolve any dispute by dealing with each other directly. In the event that the parties cannot resolve the dispute in this manner within thirty (30) days after the dispute is raised, then either party may take the dispute to the appropriate court in the municipality where they are located. 3.0 FINANCIAL AND REPORTING 3.1 Budgets The parties agree that the Project budget shall be as set out in Schedule A. Any changes to the scope of work, deliverables and planned expenditures as set out in Schedule A must be mutually agreed to in writing by the parties as per Section 2.3 of this Agreement and be eligible under the criteria established in the Grant Funding Agreement. 3.2 Payment Funding for the Project is being supplied by the MECP through the Conservation Authority. Upon completion of the Project, but no later than the deadline stipulated in Section A.2 of Schedule A, the Municipality is obligated to furnish the Conservation Authority with the specified deliverables outlined in Section A.2. Subsequently, within five (5) business days following the provision of said deliverables, the Municipality is required to submit an invoice detailing all expenses related to the Project incurred up to the date of deliverable submission. Upon the Conservation Authority's receipt of both the deliverables and corresponding invoice, it commits to promptly furnish the requisite documentation to the MECP for the final audit, which the Municipality acknowledges is requisite for the final approval of funding. Following the approval of funding, the Conservation Authority pledges to remit the designated amounts, as specified in Section A.1 of Schedule A, to the Municipality. 3.3 Repayment of Funds If the Municipality commits an Event of Default, as set out in section 9, the Conservation Authority may, in its sole discretion: (1) demand the repayment of any funds advanced under this Agreement and any interest earned on such funds. If the Conservation Authority demands the payment by the Municipality of any funds or interest on the funds pursuant to this Agreement, the amount demanded that is in possession and not duly committed or payable to third parties in accordance with this Agreement, shall be deemed to be a debt due and owing to the Conservation Authority by the Municipality, and the Municipality shall pay the amount to the Conservation Authority immediately unless the 4 Conservation Authority directs otherwise. The Conservation Authority may charge the Municipality interest on any amount owing by the Municipality at the then current interest rate charged by the Province of Ontario on accounts receivable. The Municipality shall pay the amount demanded by cheque payable to the Conservation Authority; (2) seek an extension of the deadlines stipulated in this agreement and make good faith efforts to secure funding approval for the Project from the MECP; or (3) terminate the Agreement. Upon an Event of Default, the Conservation Authority retains the right to exercise any combination or multitude of the aforementioned rights. While not in any way limiting the discretion of the Conservation Authority, it is expressly stated that the Conservation Authority's primary inclination will be to pursue an extension of the specified deadlines. 3.4 Schedule and Project Reporting The parties agree that they will each use their reasonable best efforts to perform their obligations according to the work plan outlined in Schedule A, and in accordance with the Clean Water Act, 2006, Ontario Regulation 287/07 (General), and the Technical Rules under the Clean Water Act. Within 10 business days of receiving a written request from the Conservation Authority, the Municipality shall prepare and provide progress reports to the Conservation Authority summarizing the financial status of the Project, broken down by fees and disbursements, an estimate of the percentage of completion of the Project on a task by task basis, and an estimate of the funding needs for the completion of the project. The Municipality acknowledges that the financial and progress reports to the Conservation Authority must be submitted on the dates specified in Schedule A. Failure to provide the reports by the requisite date may result in a loss of funding, subject to the funding approval by the MECP. The Municipality will provide to the Conservation Authority a final project report upon the completion of the Project that includes a detailed financial statement and summary of activities and deliverables. 3.5 Records and Audit The Municipality, when requested by the Conservation Authority, shall provide copies of receipts with respect to any disbursements for which the Municipality claims payment under this Agreement and upon request of the Conservation Authority make available for audit all records respecting the Project. In order to provide data for the calculation of fees on a time basis, the Municipality shall keep a detailed record of the eligible hours worked by, and the salaries paid to, the Municipality’s staff employed on the Project. Within 2 business days of receipt of written request by the Conservation Authority for the same, the Municipality shall release such records to the Conservation Authority. The Conservation Authority will not request 5 release of the detailed record unless it is required to do so under the provisions of the Grant Funding Agreement. 4.0 INTELLECTUAL PROPERTY RIGHTS 4.1 Municipal Output In this Agreement, “Municipal Output” includes but is not limited to any reports, templates, studies, compilations and collections of data, software, source code and related documentation, and other materials or documentation written, designed or produced by or for the Municipality pursuant to or in connection with this Agreement in any medium or format. The Municipality and/or contributing third party shall retain right, title and interest in the Municipal Output. 4.2 Grant of License The Municipality hereby grants to the Conservation Authority a non-terminable, perpetual, royalty-free, non-exclusive, worldwide license to use, distribute, sublicense, reproduce, manufacture, copy, create derivative products and otherwise deal with the Municipal Output. This license shall survive any termination or expiry of this Agreement. Where the Municipality is unable to grant to the Conservation Authority a license with these terms, the Municipality must advise the Conservation Authority prior to commencing work on the Project. 4.3 Representation and Warranty The Municipality represents and warrants that it shall at all material times have the right, title, and interest in and to, or has secured the necessary licensed rights to, the Municipal Output that it needs to make this grant of license to the Conservation Authority. This representation and warranty shall survive any termination or expiry of this Agreement. 5.0 GENERAL PROVISIONS 5.1 Confidentiality The parties acknowledge and agree that they are bound by the provisions of the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”) in the performance of the Agreement and that, except as required by MFIPPA or any other legal authority, the parties will not divulge any confidential information acquired in the course of carrying out the services provided herein. This requirement shall not prohibit the Municipality from acting to correct or report a situation which the Municipality may reasonably believe to endanger the safety or welfare of the public, provided that the Municipality notifies the Conservation Authority of what is intended. 6 5.2 News Release Without the prior written consent of the Conservation Authority, the Municipality agrees not to disclose, release, or publish any information pertaining to funding received under this Agreement through news releases, social media posts, or any other public communication. The Municipality may request written permission from the Conservation Authority for such disclosures, and the Conservation Authority reserves the right to grant or deny permission at its sole discretion. This confidentiality obligation shall survive the termination or expiration of this Agreement. Notwithstanding the above, Municipality may disclose Funding Information if required by applicable law, provided that the Municipality notifies the Conservation Authority of what is intended. This requirement shall not prohibit the Municipality from acting to correct or report a situation which the Municipality may reasonably believe to endanger the safety or welfare of the public, provided that the Municipality notifies the Conservation Authority of what is intended. 5.3 Insurance The Municipality represents and warrants that it shall take out and keep in force until this Agreement is no longer in effect, such policies of insurance as are reasonably prudent in the performance of its obligations herein contained. 5.4 Successors and Assignment This Agreement shall ensure to the benefit of and be binding upon the parties hereto and, except as otherwise provided herein, upon their respective executors, administrators, successors and assigns. 5.5 Relationship of the Parties The parties hereto acknowledge, understand and agree that they are neither partners nor joint venturers but are independent contractors. Neither party is the agent for the other party. 5.6 Qualified Persons The Municipality represents and warrants that all work performed as part of this Agreement will be undertaken and completed by qualified persons and in good workmanlike order. The Municipality represents and warrants, and must provide written confirmation prior to commencing work on the project, where applicable, that all persons entering private property for the purpose of collecting information under this Agreement have completed the Training required under Section 88 (4) of the Clean Water Act, 2006 and Section 57 of Ontario Regulation 287/07 (General), or be accompanied by someone who has completed this Training. 7 6.0 WORK CARRIED OUT BY A THIRD PARTY In the event that the Municipality enters into an agreement with a Consultant to carry out work required to meet its obligations under the terms of this Agreement, the Municipality (the “Client”) shall include the following terms in any such agreement, herein referred to as the “Consultant Agreement”. The Municipality may, at its discretion, substitute its preferred wording for the clauses, provided that the intent of the clauses is preserved. (1) Intellectual Property Rights Consultant Output For the purpose of the Consultant Agreement, “Consultant Output” includes, but is not limited to reports, studies, templates, compilations and collections of data, software, source code and related documentation, and other materials or documentation written, designed or produced by or for the Consultant pursuant to or in connection with the Consultant Agreement in any medium or format. The Consultant shall assign all rights, title and interest in the Consultant Output to the Client. The Consultant must advise the Client prior to commencing any work on the project if full rights, title and interest cannot be assigned. Assignment of Intellectual Property Rights If the assignment of full rights, title and interest is not possible, the Consultant shall grant to the Client an exclusive, worldwide, perpetual, royalty free, fully paid-up license to use, distribute, sublicense, reproduce, modify, manufacture, copy, create derivative products, and otherwise deal with the Consultant Output. The Consultant must advise the Client prior to commencing any work on the project if it will be unable to grant this license. The Consultant shall not incorporate into any deliverables anything that would restrict the right of the Client to modify, further develop or otherwise use the Consultant Output. Moral Rights At the request of the Client, at any time or from time to time, the Consultant shall execute and shall cause its directors, officers, employees, agents, partners, affiliates, volunteers or subcontractors to execute an irrevocable written waiver of any moral rights or other rights of integrity in the Consultant Output in favour of the Client, and which waiver may be invoked without restriction by any person authorized by the Client to use the Consultant Output. The Consultant shall deliver such written waiver(s) to the Client within 10 business days of the receipt of the request from the Client. Representation and Warranty The Consultant represents and warrants that it shall at all material times have the right, title, and/or interest in and to the Consultant Output that it needs to legally and validly assign all right, title and interest in the Consultant Output, or, where not possible, to make a grant of license of the Consultant Output to the Client. 8 Any assignment of rights outlined in Section 6.0 and the above representation and warranty shall survive any termination or expiry of this Agreement or the Consultant Agreement. (2) Consultant Deliverables The Consultant shall provide copies of deliverables to the Client in accordance with the format and timelines specified in Schedule A of the Consultant Agreement. (3) Confidentiality The Consultant shall not divulge any confidential information acquired in the course of carrying out the services provided herein. No such information shall be used by the Consultant on any other project without approval in writing by the Client. This requirement shall not prohibit the Consultant from acting to correct or report a situation which the Consultant may reasonably believe to endanger the safety or welfare of the public, provided that the Consultant notifies the Client of what is intended. (4) Termination The Client may at any time, by notice in writing to the Consultant, suspend or terminate the services or any portion thereof at any stage of the undertaking. Upon receipt of such written notice, the Consultant shall perform no further services other than those reasonably necessary to close out the Consultant's services. In such event, the Consultant shall be paid by the Client for all services performed and for all disbursements incurred pursuant to this agreement and remaining unpaid as of the effective date of such termination. No payment shall be awarded to the Consultant upon the termination of this agreement by the Client beyond the services performed and for all disbursements incurred pursuant to this agreement and remaining unpaid as of the effective date of such termination. If the Consultant is practicing as an individual and dies before services have been completed, this agreement shall terminate as of the date of death and the Client shall pay for the services rendered and disbursements, incurred by the Consultant to the date of such termination. (5) Qualified Persons The Consultant represents and warrants that all work performed as part of the Consultant Agreement will be undertaken and completed by qualified persons, where applicable, meaning all persons entering private property for the purpose of collecting information under this Agreement have completed the Training required under Section 88 (4) of the Clean Water Act, 2006 and Section 57 of Ontario Regulation 287/07 (General), or be accompanied by someone who has completed this Training. 9 7.0 INDEMNITIY The Municipality shall indemnify and save harmless the Conservation Authority, its directors and officers, its representatives and employees, from and against all claims, actions, losses, costs, liability, expenses, and damages of every nature and kind whatsoever (including judgments, settlements and reasonable legal fees) suffered, incurred or imposed by it or them as a result of any negligent act, breach of an agreement, or omission of the Municipality, or the employees, officers, councillors or agents of the Municipality in the performance of its obligations under this Agreement. The Conservation Authority agrees to indemnify and save harmless the Municipality, its employees, officers, and councillors, from and against all claims, actions, losses, costs, liability, expenses and damages of every nature and kind whatsoever (including judgments, settlements and reasonable legal fees) suffered, incurred or imposed by reason of any negligent act or omission of the Conservation Authority or its employees, officers or agents in the performance of its obligations under this Agreement. 8.0 GOVERNING LAW This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. 9.0 EVENT OF DEFAULT Each of the following events will constitute an Event of Default: (a) in the opinion of the Conservation Authority, the Municipality breaches a representation, warranty, covenant, or other material term of this Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: a. carry out the Project; b. use or spend Funds; or c. provide, in accordance with sections 3.4 & 3.5, reports as may have been requested or required. 10.0 NOTICE All notices and communications required to be given pursuant to this Agreement by a party shall be in writing to the contacts and in the manner prescribed below. Notice shall be given by: (i) Personal delivery, effective at the time of delivery; (ii) Fax, effective at the time of receipt by the sending party of confirmation of its successful transmission to the receiving party; 10 (iii) Email, effective at the time the email enters the receiving party’s email inbox; or (iv) Registered mail, effective on the fifth day following the deposit of a properly addressed notice in the mail. Notice shall not be given by registered mail in the event of an actual or threatened disruption of postal service. CONSERVATION AUTHORITY: Samantha Lawson, Chief Administrative Officer Grand River Conservation Authority 400 Clyde Road, PO Box 729 Cambridge, ON N1R 5W6 T: (519) 621-2763 ext. 2210 E: slawson@grandriver.ca Thomas Thayer Chief Administrative Officer Municipality of Bayham 56169 Heritage Line, PO Box 160 Strafford, ON N0J 1Y0 T: 519-866-3884 E: tthayer@bayham.on.ca 11.0 SURVIVAL All sections intended to survive shall survive the expiry or termination of this Agreement. 12.0 TERM AND TERMINATION 12.1 Term The term of the Agreement will commence on the Effective Date and will expire 90 days after delivery of the Final Report specified in Schedule A, unless terminated earlier. 12.2 Termination and Suspension Either party may terminate this agreement without cause and for any reason whatsoever on at least 30 days’ notice in writing to the other party. Upon receipt of such written notice from the Conservation Authority, the Municipality shall perform no further services other than those reasonably necessary to complete the services being worked on by the Municipality at that time. Upon termination of this Agreement, the Conservation Authority shall pay the Municipality for all services performed and for all disbursements incurred pursuant to this Agreement and remaining unpaid as of the effective date of such termination; provided, however, that the Conservation Authority may demand the repayment of any Crown funds paid by the Conservation Authority to the Municipality under this Agreement remaining in the possession or under the control of the Municipality and not committed or payable to third parties for expenses incurred in accordance with this Agreement prior to the date of termination; and the Municipality shall promptly comply with such demand. If the Conservation Authority is in default in the performance of any of the Conservation Authority’s obligations set forth in this Agreement, the Municipality may, by written notice to the Conservation Authority, require such default be corrected. If, within 30 days of receipt of such notice, such default shall not have been corrected, the Municipality may immediately terminate this Agreement. In such event, the Municipality shall be paid by 11 the Conservation Authority for all services performed and for all disbursements incurred pursuant to this Agreement and remaining unpaid as of the effective date of such termination. 13.0 ELECTRONIC COUNTERPART This Letter Agreement may be executed in counterparts in writing or by electronic signature and delivered by mail, facsimile or other electronic means, including in Portable Document Format (PDF), no one copy of which need be executed by all of the parties, and all such counterparts together shall constitute one agreement and shall be a valid and binding agreement among the parties hereto as of the date first above written. IN WITNESS THEREOF the parties hereto have caused to be executed those present by their officers properly authorized in that behalf on the day and year first above written. SIGNED, SEALED AND DELIVERED Municipality The signatory shall have the authority to bind the Municipality for purposes of this agreement Date Ed Ketchabaw Mayor, Municipality of Bayham Date Thomas Thayer CAO, Municipality of Bayham Conservation Authority The signatory shall have the authority to bind the Conservation Authority for purposes of this agreement Date Samantha Lawson CAO, Grand River Conservation Authority Schedule A | Page i Schedule A: Project Scope of Work, Deliverables and Expenditures A.1. Project Work Plan and Budget: Task Name Responsible Agency Description of Work Budget Task 1: Monitoring and analysis of nitrate Municipality of Bayham In accordance with Part V of the Director's Technical Rules pertaining to issue contributing areas: monitor, sample and analyze nitrate data within the existing issue contributing area of the Richmond Community Drinking Water System within the Municipality of Bayham to better understand the source and distribution of nitrate in the confined municipal aquifer. $75,000 A.2. List of Deliverables: Deliverable(s) Completion Date • Final project report and any associated memoranda (PDF format) March 31, 2024 A.3. Project Financial and Progress Reporting: The municipality will provide the following reports to the Grand River Conservation Authority on the dates indicated: Reports Description of Contents Due Date Final Report Detailed financial statement and summary of activities and deliverables. March 31, 2024 A.4. Project Contacts: Organization Name, title Role Contact Information Grand River Conservation Authority Shari Dahmer, Source Protection Program Manager Conservation Authority contact for MOA sdahmer@grandriver.ca Municipality of Bayham Ed Roloson, Manager of Capital Projects and Water Wastewater Municipal contact for MOA ERoloson@bayham.on.ca ZBA-13/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: TAMARA AND ROBERT MACALONEY LOCATION: 11593 PLANK ROAD, EDEN TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-13/23). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, January 18th, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Hamlet Commercial (HC)’ zone to ‘Hamlet Residential (HR)’ to permit and recognize the existing stand- alone residential dwelling not supported by a commercial use. The subject property is known as 11593 Plank Road, west side and north of Eden Line, in the Hamlet of Eden. THE EFFECT of this By-law will be to permit and recognize the continued use of the existing stand-alone residential dwelling not supported by a commercial use. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. Written comments are to be submitted on or before 12:00 Noon on Wednesday, January 10, 2024 to munderhill@bayham.on.ca or at the municipal office to be included in the public meeting agenda. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 15th day of December 2023. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca Hamlet of Eden REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: December 21, 2023 REPORT: DS-68/23 FILE NO. C-07 / D11.SANDYTOWN Roll # 3401-000-004-09030 SUBJECT: Subdivision Agreement – 1985763 Ontario Inc. Sandytown Subdivision, 8341 Sandytown Road, Straffordville BACKGROUND On November 18, 2021, a public participation meeting was held in regards to the Draft Plan of Subdivision 34T-BY2101 for 1985763 Ontario Inc, known as the Sandytown Subdivision, Sandytown Road, in Straffordville. Following on January 6, 2022, Council received Staff Report DS-02/22 regarding the Draft Plan of Subdivision 34T-BY2101 for 1985763 Ontario Inc. and recommended to the County of Elgin several Conditions of Approval for their consideration of the Draft Plan of Subdivision. County Council approved the Draft Plan of Subdivision 34T-BY2101 on June 28, 2022 with sixteen (16) conditions for final plan of approval for registration. Notice of Decision, dated June 28, 2022, Condition No. 1 states: “That the Owner enters into a subdivision agreement containing provisions for the timing of the development in two phases, under Section 51(26) of the Planning Act R.S.O. 1990, as amended with the municipality, wherein the Owner agrees to satisfy all the requirements, financial and otherwise of the Municipality concerning the installation of services including roads, utilities, and stormwater management facilities required for the development of the lands within the plan with securities. All of which shall be to the satisfaction of the Municipality.” DISCUSSION Staff have been working with the Owner and engineers for several months on the subdivision agreement as they have been finalizing their technical design plans for the Sandytown Subdivision. This Agreement is the third version of the Agreement, each version fine tuning and addressing all matters in the interests of the Municipality and the Owner. Staff Report DS-68/23 1985763 Ontario Inc. 2 The Subdivision is being proposed in two phases - Phase 1 Lots 1-13 and Phase 2 Lots 14-39. The majority of the underground services will be completed in Phase 1. Dwelling construction will be done over the two phases with the condition to perform the multi-well simultaneous pumping test utilizing a minimum of three wells, drilled on adjacent lots during Phase 1 of the development in order to provide empirical verification of the calculations in the amended Hydrogeological Assessment, dated January 22, 2021, and confirm that the proposed density is acceptable prior to the commencement of Phase 2 dwelling construction, all in accordance with Condition 3 of the draft Plan of Approval Notice of Decision. The risk is on the Owner by constructing the underground infrastructure prior to approval to continue with Phase 2 dwelling construction. Securities have been calculated based upon the estimated construction costs for each Phase. Securities are collected and held by the Municipality to guarantee that certain infrastructure works are constructed and completed to industry specifications. The collection of securities provides risk management for the Municipality by providing the Municipality with a mechanism to complete the works should the applicant choose not to complete the project. Storm water management pond requirements for installation and maintenance have been included in the Agreement that will provide for the Municipality to eventually take responsibility for this infrastructure as part of the our Environmental Compliance Approval (ECA) and the Consolidated Linear Infrastructure (CLI). The Owner President, Frank Wall, agrees to the contents of the Agreement and looks forward to moving this project along in 2024. Staff are recommending approval of the Subdivision Agreement as presented with draft By-law No. 2023-092. STRATEGIC PLAN Not Applicable ATTACHMENTS 1. Draft By-law No. 2023-092 - Subdivision Agreement 1985763 Ontario Inc. Draft Plan of Subdivision 34T-BY2101 – with four (4) attached Schedules RECOMMENDATION THAT Report DS-68/23 regarding the Subdivision Agreement 1985763 Ontario Inc. Draft Plan of Subdivision 34T-BY2101 be received; AND THAT Council authorize the execution of a Subdivision Agreement between the Municipality and 1985763 Ontario Inc. to permit the completion of the Sandytown Subdivision in two Phases at 8341 Sandytown Road in the village of Straffordville; AND THAT By-law No. 2023-092 be presented for enactment. Staff Report DS-68/23 1985763 Ontario Inc. 3 Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator|Deputy Clerk Chief Administrative Officer 1 SCHEDULE “A” TO BY-LAW NO. 2023-092 SUBDIVISION AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM - and - 1985763 ONTARIO INC. PART OF LOT 123, CONCESSION NTR BAYHAM DESIGNATED AS PART 1, 11R-11079; MUNICIPALITY OF BAYHAM 34T-BY2101 SANDYTOWN ROAD SUBDIVISION 2 INDEX 1. DEFINTIONS AND INTERPRETATION 1.1. DEFINITIONS 1.2. HEADINGS 1.3. SECTION REFERENCES 1.4. PLANS AND SCHEDULES 1.5. SEVERABILITY 1.6. FINAL AUTHORITY 1.7. EFFECTIVE RESPONSIBILITY 1.8. APPLICABLE PROVINCIAL STATUTES 2. REGISTRATION OR TERMINATION 2.1. FINAL CONSENT BY THE MUNICIPALITY 2.2. REGISTRATION OF AGREEMENT 2.3. EARLY TERMINATION OF AGREEMENT AND OBLIGATIONS 2.4. PRE-REGISTRATION SERVICING 3. MUNICIPAL SERVICES BY THE SUBDIVIDER 3.1. CONSULTING ENGINEERS 3.2. MUNICIPAL SERVICES 3.3. STORMWATER MANAGEMENT a) EXISTING DRAINS b) STORMWATER MANAGEMENT DURING DEVELOPMENT c) STORMWATER MANAGEMENT FACILITIES d) MAINTENANCE OF EXISTING STORMWATER MANAGEMENT FACILITIES 3.4. SANITARY SEWAGE a) WASTEWATER PUMPING STATON 3.5. NECESSARY EXTERNAL SERVICES 3.6. PARKLAND CONTRIBUTION ACKNOWLEDGMENT 3.7. TIME OF CONSTRUCTION 4. FINANCIAL OBLIGATIONS 3 4.1. SUBDIVIDER EXPENSE 4.2. FEES/DEPOSITS PAYABLE TO THE MUNICIPALITY 4.3. SERVICING COST SUMMARY, INFRASTRUCTURE 4.4. SECURITY FOR PERFORMANCE 4.5. INDEMNIFICATION AND INSURANCE 4.6. DEVELOPMENT CHARGES 4.7. TAXES 4.8. INTEREST PAYABLE 4.9. ADJUSTMENT OF MUNICIPALITY ENGINEERING FEE 5. LANDS AND EASEMENTS PROVIDED BY SUBDIVIDER 5.1. DEDICATION OF FUTURE STREETS 5.2. CONVEYANCES BY SUBDIVIDER 6. GRADING OF LOTS AND STREET 6.1. ADHERENCE TO GRADING PLANS 6.2. LOT GRADING PLANS 6.3. GRADING CERTIFICATION 7. LOT DEVELOPMENT 7.1. ZONING BY-LAW 7.2. BUILDING PERMITS 7.3. LOT DEVELOPMENT PLANS 7.4. MODEL HOMES 7.5. OCCUPANCY OF UNITS 7.6. BUILDING COVENANT – NO DUPLICATION 8. NOTICES AND FURTHER REQUIREMENTS 8.1. STREET PARKING RESTRICTIONS 8.2. COMMUNITY MAILBOXES 8.3. FUTURE SIDEWALK CONNECTIVITY 8.4. SCHOOL ASSIGNMENT – THAMES VALLEY DISTRICT SCHOOL BOARD AND LONDON DISTRICT CATHOLIC SCHOOL BOARD 8.5. ARCHAELOGICAL ASSESSMENT 8.6. GROUNDWATER/SOILS TESTING 4 9. SPECIAL PROVISIONS 9.1 STREET NAMES 9.2 MULTI-WELL PUMPING TEST 10. CONSTRUCTION AND APPLICABLE STANDARDS 10.1. CONSTRUCTION CONTRACT(S) APPROVAL 10.2. INSPECTION AND ENTRY 10.3. USE OF PUBLIC HIGHWAY 10.4. LIENS 10.5. STANDARDS APPLICABLE TO SERVICE INSTALLATIONS a) ROAD DESIGN AND CLASS OF ROADS b) SOIL CERTIFICATES – ROADS AND UNDERGROUND SERVICES c) TREE PLANTING d) TEMPORARY TURN AROUND DESIGN e) SANITARY SEWER SYSTEM i. SEPARATION ii. INSPECTION RECORD 11. FURTHER COVENANTS 11.1. DEFAULT 11.2. REPAIR OF SERVICES 11.3. MUNICIPALITY PERFORMING WORKS 11.4. MAINTENANCE OF SERVICES 11.5. ALLOCATION OF SEWAGE AND WATER CAPACITY 11.6. VEHICLE CLEANING OBLIGATIONS 12. SUBSTANTIAL COMPLETION AND ASSUMPTION 12.1. CERTIFICATE OF SUBSTANTIAL COMPLETION 12.2. WARRANTY PERIOD 12.3. CERTIFICATE OF ASSUMPTION 12.4. NO WINTER INSPECTION 5 13. GENERAL PROVISIONS 13.1. TIME IS OF THE ESSENCE 13.2. NOTIFICATION 13.3. PRIORITY OF MUNICIPALITY ACTIONS 13.4. DELEGATION OF MUNICIPAL RESPONSIBILITIES 13.5. ASSIGNMENT OF OBLIGATION 13.6. ESTOPPEL 13.7. ENTIRETY 13.8. SUCCESSOR OBLIGATIONS AND BENEFIT 13.9. SUCCESSION SUMMARY OF SCHEDULES SCHEDULE “A” - Legal Description SCHEDULE “B1” - Plan of Subdivision – Phase 1 SCHEDULE “B2” - Draft Plan of Subdivision – Phase 2 SCHEDULE “C” - Blocks & Easements to be Transferred by Subdivider SCHEDULE “D” - Engineered Drawings List and Descriptions SCHEDULE “E1” - Estimated Construction Costs Phase 1 SCHEDULE “E2” - Estimated Construction Costs Phase 2 SCHEDULE “E3” - Implementation Schedule – Phase 1 and Phase 2 6 THIS SUBDIVISION AGREEMENT made this 21st day of December 2023. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinafter called the “Municipality” OF THE FIRST PART - and - 1985763 ONTARIO INC. a corporation incorporated under the laws of the Province of Ontario and having its registered office in the Municipality of Bayham in the County of Elgin hereinafter called the “Subdivider” OF THE SECOND PART WHEREAS the Subdivider is the registered and beneficial owner of the lands (hereinafter referred to as the “Lands”) situate in the Municipality of Bayham in the County of Elgin, more particularly described in Schedule “A” attached to and forming part of this Subdivision Agreement; AND WHEREAS the Subdivider and the Municipality have agreed that the development of the Lands, in accordance with the Plan and this Subdivision Agreement, which development, for purposes of development phasing, as evidenced by the Decision of the County of Elgin dated June 28, 2022, File No. 34T-BY2101; AND WHEREAS the Plan proposed by the Subdivider includes a residential subdivision area to be developed in two phases, consisting of Phase 1 Lots 1-13 and Phase 2 Lots 14- 39; AND WHEREAS Subsection 51(26) of the Planning Act, R.S.O. 1990, c. P 13 provides that a municipality may enter into one or more agreements imposed as a condition to the approval of a plan of subdivision and the agreement(s) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions to the agreement against the owner of the lands and subject to the Registry Act, R.S.O. 1990, c. R. 20 and the Land Titles Act, R.S.O. 1990, c. L.5, against any and all subsequent owners; AND WHEREAS the Subdivider has agreed with the Municipality to comply with the Municipality’s requirements with respect to the provision of services in two phases for the lands proposed to be subdivided and other matters as hereinafter set forth; NOW THEREFORE THIS SUBDIVISION AGREEMENT WITNESSETH that the Parties hereto in consideration of other good and valuable consideration and the sum of ON E DOLLAR ($1.00) of lawful money of Canada by each to the other paid (the receipt and 7 sufficiency whereof is hereby by each acknowledged), covenant and agree each with the other as follows: 1. DEFINITIONS AND INTERPRETATION 1.1. DEFINITIONS For purposes of this Agreement the following words and phrases, where capitalized, shall be deemed to have the following meanings: a) “Agreement” means this Agreement made pursuant to Sections 50(3)(a), 51.1 and 51.1(25), (26) of the Planning Act, R.S.O. 1990 c. P 13 as amended including all schedules and amendments hereto; b) “Approval Authority” shall have the same meaning set out in Section 51 of the Planning Act. As the upper tier municipality within which the Lands are located, the County of Elgin is the delegated approval authority under 51(4) of the Planning Act, for purposes of Section 51 of the Planning Act; c) “Assumption” and “Assumed” shall have the meaning set out in the Substantial Completion and Assumption process described in Section 12; d) “Block(s)” mean a Block as identified as such on the Plan; e) “Conservation Authority” means the Long Point Region Conservation Authority and its successors and assigns. f) “Consulting Engineer” means the Registered Professional Engineer or firm of engineers retained by the Subdivider in compliance with 3.1; g) “County” means The Corporation of the County of Elgin and its successors and assigns; h) “Manager” means the Municipality’s Manager of Public Works and the Manager’s assigned designates of the Municipality; i) “Water/Wastewater Operations Manager” means the Manager of Water/Wastewater Operations and Capital Projects. j) “Engineering Drawings” means the Engineering Drawings approved by the Municipality Engineer and attached as Schedules to this agreement; k) “Final Inspection” shall mean the inspection of services performed by or on behalf of the Manager or by the Manager of Public Works where applicable, after the two- year period of Conditional Assumption of services described in Section 12; l) “Lands” means the Lands described in Schedule “A” to this Agreement; m) “Lot” means a Lot identified as such on the Plan; n) “Front-Ended” describes capital facilities, services or works that are partially or wholly for the benefit of lands outside the Plan but are being installed, constructed or otherwise provided and initially paid for by the Subdivider as a requirement of this Agreement with the provision that the Subdivider will have a right to future reimbursement for same as Development Charges or other payments are 8 collected from the owners or developers of the benefiting lands outside the Plan; o) "Necessary External Services” means: (i) services to be constructed by the Subdivider outside of the Lands which are, in the opinion of the Municipality Engineer, necessary for the orderly and efficient development of the Lands, and (ii) also means services located within the Plan which benefit lands outside the Plan but are deemed by the Manager to be necessary to the Plan and are eligible capital costs within the meaning of the Developmental Charges Act S.O. 1997 Chapter 27; p) “Plan” means the Draft Plan of Subdivision, attached hereto and identified as Schedule “B”; q) “Pre-Servicing” and “Pre-Service” means any and all work performed in relation to the construction or installation of any of the Services on the Lands set out in the Engineering Drawings attached as Schedules to this Agreement prior to approval and registration of the Plan and registration of this Agreement; r) “Engineer” shall mean a licensed Professional Engineer who carries current Professional Liability Insurance and holds a current certificate of authorization issued by the Association of Professional Engineers of the Province of Ontario or is employed by a partnership or corporation authorized by the Association of Professional Engineers of Ontario to offer professional engineering services to the public; s) “Services” means any or all of the services required to be provided under this Agreement as shown on the Engineering Drawings attached as Schedules to this Agreement and approved amendments thereto and shall include all earthworks, equipment and structures appurtenant thereto. The term “Services,” where used herein, may mean a service or a part thereof individually, or services or parts thereof collectively, as context requires; t) “Subdivider” is identified above but shall also, where the context permits, mean subsequent owners who receive title to one or more lots and blocks within the Plan before or after development within such lot(s) or block(s); u) “Municipality Engineer” means the Engineer duly authorized and appointed by the Municipality at the relevant time; v) “Municipality's Solicitor” means the solicitor duly authorized and appointed by the Municipality at the relevant time. 9 1.2. HEADINGS The headings to the Sections of this Agreement are for convenience only and are not to be considered a part of this Agreement and do not in any way limit or amplify the terms and conditions of this Agreement. 1.3. SECTION REFERENCES References herein to provisions of this Agreement by numbers and letters shall without further explanation mean the corresponding section, subsection and/or paragraph of this Agreement. 1.4. PLANS AND SCHEDULES The plans and schedules attached hereto and marked as Schedules “A” through “F” are hereby incorporated into and form part of this Agreement. An index naming all Schedules is included at the end of the general index at the front of this Agreement. The Parties agree that Schedules “B”, “C”, “D”, “E” and “F” hereto are uninitialed, photographically reduced copies of plans initialed by the Parties on the execution of this Agreement and that such initialed plans form part of this Agreement. The Parties further agree that in the event any part or parts of the said Schedules are illegible or conflict with the initialed “original plan” from which it was made, the initialed plan shall prevail and shall be deemed to be a part of this Agreement. 1.5. SEVERABILITY If any provisions of this Agreement or the application thereof to any circumstances shall be held to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall attach only to such impugned provision and shall not affect any or all other provisions of this Agreement. The remaining provisions of this Agreement or the application thereof to other circumstances shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 1.6. FINAL AUTHORITY Where there is any conflict between the servicing requirements or other requirements and standards of the Municipality and those of any other regulatory body having jurisdiction, the more exacting requirement or standard shall prevail. In the event of any dispute as to which is more exacting, the decision of the Municipality’s Engineer shall be final as between the Subdivider and the Municipality. 1.7. EFFECTIVE RESPONSIBILITY Every provision of this Agreement by which the Subdivider is obligated in any way is deemed to include the words “at the expense of the Subdivider and to the Municipality’s satisfaction”, unless specifically stated otherwise. 1.8. APPLICABLE PROVINCIAL STATUTES a) Reference to any Statute herein shall be deemed to include past and future amendments in force at the time of this Agreement or subsequent hereto and any successor legislation that may replace such statute. 10 b) In this Agreement, “the Act” shall mean the Planning Act, R.S.O. 1990, c. P 13, as amended. 2. REGISTRATION OR TERMINATION 2.1. FINAL CONSENT BY THE MUNICIPALITY Following (i) the execution of this Agreement, (ii) completion of those covenants required to be fulfilled by the Subdivider upon execution and at other times prior to registration, (iii) final Plan approval by the Approval Authority, and (iv) registration of the Plan by the Subdivider and assignment by the Land Titles office of PINs for the lots and blocks laid out in the Plan, the Municipality shall deliver this Agreement for registration on title to the Lands. Execution of this Agreement shall constitute sufficient consent by the parties for the Solicitor for the Municipality to register this Agreement against title to the Lands at the cost of the Subdivider, without further written authorization. 2.2. REGISTRATION OF AGREEMENT Despite Section 2.1, above, and in accordance with Section 53(1) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, neither the Plan nor this Agreement shall be registered against the Lands until an environmental compliance approval for sewage works has been issued by the Ontario Ministry of Environment, Conservation and Parks. 2.3. EARLY TERMINATION OF AGREEMENT AND OBLIGATIONS The Subdivider shall satisfy all preconditions for the registration of this Agreement as identified above and shall provide written notice to the Municipality of same within six (6) months of the effective date of this Agreement. If the Subdivider fails to provide such notice within this time, the Agreement may be terminated by the Municipality in the Municipality’s sole discretion, upon the provision of written notice to the Subdivider, in which case the respective obligations of the Subdivider and the Municipality shall terminate forthwith. The Subdivider hereby expressly agrees not to apply for any building permits until final approval of the Plan has been obtained and the Plan together with this Agreement are registered on title to the Lands, and furthermore agrees that this provision may be pleaded by the Municipality in any action or proceeding as an estoppel of any claim arising from a denial of any such rights and permits. 3. MUNICIPAL SERVICES BY THE SUBDIVIDER 3.1. CONSULTING ENGINEERS a) The Subdivider agrees to retain a Registered Professional Engineer as the Consulting Engineer of the Subdivider to carry out all engineering and supervise the work required to be done for the development of the Lands. The Consulting Engineer or a successor thereto, shall continue to be retained until the work 11 provided for in this Agreement is completed and formally assumed by the Municipality in accordance with this Agreement. The Subdivider shall notify the Municipality in writing, to identify the Subdivider’s Consulting Engineer of record for the completion of the entire project described in this Agreement. The Subdivider shall notify the Municipality in writing in the event that unavoidable circumstances necessitate appointment of a successor Consulting Engineer prior to completion of all Consulting Engineer responsibilities and duties under this Agreement. As a condition of retaining a replacement Consulting Engineer, the Subdivider shall require that the successor shall provide an undertaking to the Municipality that the successor Consulting Engineer will be in a position to furnish to the Municipality the required certification of works or services installed or partially installed prior to the hiring of the successor Consulting Engineer and to provide as-constructed drawings of all Services and other works required under this Agreement. b) The Subdivider agrees that the Consulting Engineer’s responsibilities shall include but not be limited to the following: i. design all the works for the construction and installation of Services required by this Agreement in accordance with standards of the Municipality and applicable statutes and regulations; ii. prepare plans, profiles, and specifications for the said Services and submit detailed plans, profiles and specifications to the Municipality for approval prior to the installation of the Services described therein; iii. obtain, in conjunction with the Municipality when necessary, all the necessary approvals required prior to the construction of Services; iv. make available to the Municipality and the Municipality Engineer, where requested by the Municipality or the Municipality Engineer, any of the contracts for construction and installation of the Services; v. supervise construction of the Services and all work involved; vi. maintain all records of construction of the Services; vii. upon completion of the Services, supply to the Municipality as- constructed drawings on mylar or equivalent, as well as in digital format, of all the Services as constructed and installed by contractors under this Agreement; viii. on completion of construction of the Services to supply the Municipality and the Municipality Engineer with a certificate that the execution of all constructions of Services was in accordance with the approved plans and specifications; ix. supervise the construction of any remedial work required by the Municipality; 12 x. design and monitor lot grading in accordance with the approved grading plan attached as a Schedule to this Agreement. The execution and maintenance of such work should address lot grading, soil conservation and erosion control to the satisfaction of the Municipality Engineer, including methods of controlling sediment during construction as well as possible downstream impacts and minimization of any environmental impacts that might be identified; xi. if applicable for the exporting of soils, the Subdivider will conform with O. Reg. 406/19 Excess Soil Management. c) The Subdivider acknowledges that the Municipality will rely on inspections, interim and final reports, and certifications performed and provided by the Consulting Engineer. This shall not restrict the Municipality and/or the Municipality Engineer’s right to investigate, inspect and review construction and installation of the Services at any stage. 3.2. MUNICIPAL SERVICES The following Services are to be provided in accordance with Engineering Drawings attached as Schedule “D” to this Agreement for the two Phases: UNDERGROUND SERVICES a) sanitary sewers and appurtenances; b) private drain connections to sanitary sewers; c) storm sewers and appurtenances; d) private drain connections to storm sewers; e) catch basins and leads; f) gravelled or recycled asphalt road base g) dry hydrant for fire suppression h) hydro services ABOVE GROUND SERVICES i) curbs and gutters, concrete sidewalks as shown on the Engineering Drawings, attached as Schedule “D” to this agreement; j) concrete or asphalt driveway approaches from the curb to the sidewalk where sidewalks are required; k) asphalt pavement of driveway approaches to the property lines where sidewalks are not required; l) asphalt pavement of the streets including top coat of asphalt and constructed in accordance with the municipality standards for streets; m) street name signs and Highway Traffic Act street signs; 13 n) LED street lighting with underground wiring in front of the lots (and designated blocks); o) sodding in the boulevard areas between the curbs and property lines; p) tree planting in areas between curbs and lot lines. 3.3. STORMWATER MANAGEMENT a) EXISTING DRAINS The Subdivider will maintain in operation all drains in use on the Lands during the construction of all services and dwellings and repair same in a proper workmanlike manner, provided always that the Subdivider shall have the right to relocate the said drains, in accordance with plans and specifications approved in writing by the Municipality Engineer prior to commencement of the construction of services and dwellings and not otherwise, provided that such relocation shall be made under the supervision of the Consulting Engineer and subject to periodic inspections which may be made by the Municipality and/or the Municipality Engineer. b) STORMWATER MANAGEMENT DURING DEVELOPMENT i. The Subdivider shall manage the storm drainage generated from the Lands in compliance with the design criteria as previously set out in the Sandytown Road Storm Water Management Report prepared by CJDL Engineers dated 22 March 2023 Rev1-18 July 2023 as approved by the Municipality Engineer. ii. The Subdivider shall implement erosion and sedimentation control measures identifying best management practices for the development within the Lands. These measures must be designed, approved by the Municipality Engineer and installed prior to any construction or the commencement of any earth moving operations. iii. The Subdivider shall prepare a silt/erosion control plan to be submitted with the subdivision grading plan. iv. The Subdivider shall ensure storm drainage and stormwater management for all development with the Plan are self-contained and designed/constructed in a manner which does not negatively affect the surrounding areas. v. All stormwater from roof downspouts, driveways and other impervious areas shall be directed to the fronting streets, within the Plan, where possible. The Subdivider shall include in all offers of purchase and sale a notice of the responsibility of the purchaser to fulfill these requirements. vi. The installation of the erosion control measures for this development, as shown on the Engineering Drawings are to remain in place and maintained, until the development of all the lots within the Plan is fully complete. vii. The Subdivider shall conduct regular inspections every two weeks and after each sizeable storm event of all sediment and erosion control works, 14 structures and measures in the approved stormwater management plan/report and maintain an inspection log which shall state the name of the inspector, date of inspections and the rectification or replacement measures which were undertaken to maintain the sediment and erosion control measures. Such measures are to be to the satisfaction of the Municipality Engineer. Such inspections are to continue until the Municipality has assumed the Services of the Plan or until such later time as any further warranty period provided with respect to a stormwater management facility has terminated or until the Municipality Engineer has confirmed in writing that site construction warrants cessation of the visits. viii. The Subdivider shall: - provide a copy of the final grading plan and the silt/erosion containment plan, included with the Engineering Drawings attached as Schedule “D” to this Agreement, to the Conservation Authority, for review and comment; - identify to the Conservation Authority and the Municipality the site contacts responsible for the monitoring schedule to be implemented above; - provide to the Conservation Authority and the Municipality a written update of sediment and erosion control inspections and maintenance activities following all storm events. c) STORMWATER MANAGEMENT FACILITIES The Subdivider shall construct stormwater management facilities (SWMF) in accordance with Municipality standards and the Engineering Drawings which are schedules to this agreement and in accordance with the final approved SWMF report. The Subdivider further agrees that the Municipality Engineer may direct the Subdivider to make any corrections or perform any necessary changes to comply with the Engineering Drawings. d) MAINTENANCE OF EXISTING STORMWATER MANAGEMENT FACILITIES i. The Subdivider shall manage the storm drainage generated from the Plan in compliance with the design criteria as previously set out in the Stormwater Management Report prepared by CJDL Consulting Engineers dated 22 March 2023 Rev 1 18 July 2023 as approved by the Municipality Engineer. ii. The Subdivider shall continue to perform all maintenance of the said stormwater management facilities and perform all monitoring and inspections including but not limited to the maintenance, upkeep and inspections required under this Agreement and the ancillary SWMF Maintenance Agreement for not less than five (5) years from the date of assumption; iii. Such maintenance activities, monitoring and inspection by the Subdivider shall continue until the Municipality Engineer issues a Certificate of 15 Substantial Completion for the SWMF and associated appurtenances and the Municipality assumes the services; iv. Prior to the SWMF being assumed by the Municipality, the Subdivider shall be solely responsible for the SWMF. The Subdivider shall dredge the pond to meet the design condition. The Municipality shall under no circumstances be responsible for the repair and maintenance of the SWMF until the Municipality Engineer issues the Certificate of Substantial Completion for the SWMF and associated appurtenances which are the subject of this Agreement. v. Before the Municipality assumes the stormwater management facility (SWMF), the Subdivider shall ensure that the SWMF is handed over to the Municipality in its design condition. An evaluation of the sediment levels within the SWMF shall be completed by the Subdivider, and any discrepancies between the results of the evaluation and the design conditions from the approved plans and the final stormwater management report must be corrected prior to assumption. vi. The Subdivider agrees to document the sediment level evaluation and any required remediation measures in a report prepared by a professional engineer for submission to the Municipality. The professional engineer will be required to certify that the SWMF is functioning in accordance with the approved design. 3.4. SANITARY SEWAGE The Subdivider agrees that design and installation of sanitary sewers within the Plan will be in compliance with the Design and Construction Standards 2018 for the Municipality of Bayham and the Sanitary Sewage Pumping Station and Force main Design Brief prepared by CJDL Consulting Engineers dated March 22, 2023, and Preliminary Functional Servicing Report revised March 8, 2022 as approved by the Municipality Engineer. i) Sanitary installation will be completed in two phases – Phase 1 Lots 1-4 and 11-13 on the gravity sanitary service to Sandytown Road and a low flow forcemain for Lots 5-10 as shown within the Servicing Report dated March 8, 2022. The low flow forcemain will provide sanitary service to Lots 5-10 until a gravity outlet to the Phase 2 pumping station is constructed. Phase 2 Lots 14 – 39 will be serviced by a gravity outlet to the Phase 2 pumping station. a) WASTEWATER PUMPING STATION That the Subdivider agrees that the design and construction of the Phase 2 Pumping Station shall be in compliance with the Design and Construction Standards 2018 for the Municipality of Bayham and the Sanitary Sewage Pumping Station and Forcemain Design Brief prepared by CJDL Consulting Engineers dated March 22, 2023, and Preliminary Functional Servicing Report revised March 8, 2022, as approved by the Municipality Engineer and any 16 required regulatory approval. That the Municipality shall not remove the Holding provision for servicing until: i) That the Subdivider agrees that to the satisfaction of the Municipality the Phase 2 Pumping Station and all associated works shall be functional and operational prior to the request and approval of Building Permits for Phase 2 – Lots 14 to 39 inclusive. That prior to Municipality assuming the ownership and operation/maintenance of the Phase 2 Pumping Station and associated works, the Subdivider agrees to have a Professional Engineer demonstrate compliance with the approved design of the Pumping Station and repair all deficiencies to the satisfaction of the Municipality. The Subdivider agrees that any securities held by the Municipality shall not be returned until municipal assumption of the facility. 3.5. NECESSARY EXTERNAL SERVICES The Subdivider agrees that the following Necessary External Services shall be provided by the Subdivider as set out in the Engineering Drawings: NONE 3.6 PARKLAND CONTRIBUTION ACKNOWLEDGMENT Phase 1 The Subdivider agrees to provide payment in the amount of $21,250.00 as cash in lieu of parkland dedication prior to the registration of Phase 1 of the Plan, in satisfaction of the Subdivider’s parkland dedication requirement under subsection 51.1(1) of the Act and the Municipality of Bayham Cash-in-lieu By-law No. 2020-053 being 5% of the appraised value of $425,000.00 as determined by Otto & Company Appraisal Report dated November 4, 2023. Phase 2 The Subdivider agrees to provide payment in the amount of $47,500.00 as cash in lieu of parkland dedication prior to the registration of Phase 2 of the Plan, in satisfaction of the Subdividers parkland dedication requirement under subsection 51.1(1) of the Act and the Municipality of Bayham Cash-in-lieu By-law No. 2020-053 being 5% of the appraised value of $950,000.00 as determined by Otto & Company Appraisal Report dated November 4, 2023.. 3.7 SERVICES REQUIRED a) TURNING CIRCLE – Maverick Court The Subdivider agrees to construct a turning circle, at the westerly limit of Maverick Court in accordance with approved design drawings. 17 b) CONSTRUCTION ACCESS The Subdivider agrees that all construction-related traffic shall be from Sandytown Road during the development of Phase 1 and from Stewart Road for Phase 2. The Subdivider and its contractors and invitees shall use the said access for all construction vehicles and construction related purposes. The Subdivider agrees that, at all material times, the Subdivider shall be responsible for: i. the proper construction of said accesses and providing signage and supervision and such other reasonable measures as may be requested by the Municipality to require contractors, sub-contractors, homebuilders and tradespersons to use the road access designated in this Section for all construction-related vehicles accessing the Lands during each Phase; and, ii. ensuring during the development of either Phase that all construction-related traffic is restricted to accessing the subdivision from the designated access. 3.8 TIME OF CONSTRUCTION The Subdivider shall commence and complete the installation and construction of the Services more particularly described in Schedule “E3” Implementation Schedule attached to and forming part of this Subdivision Agreement. 4. FINANCIAL OBLIGATIONS 4.1. SUBDIVIDER EXPENSE Where by this Agreement the Subdivider is to fulfill requirements or obligated in any way, the Subdivider shall fulfill such requirement or obligation at its expense. 4.2. FEES/DEPOSITS PAYABLE TO THE MUNICIPALITY The Subdivider shall pay to the Municipality on the execution of this Agreement: i. the reimbursement of reasonable costs incurred by the Municipality for engineering, administrative and legal in the preparation of this Agreement by the Municipality; ii. the sum of $2,500.00 which payment shall be accepted by the Municipality as partial payment towards legal costs and H.S.T. incurred by the Municipality in connection with the preparation and negotiation of this Agreement, and reviewing and registering documentation in relation to the same. Th e Subdivider further agrees to be responsible for any reasonable additional legal costs and any H.S.T. relating thereto, incurred by the Municipality associated with this Agreement over and above the aforementioned amount, and will remit any amount owing immediately upon receipt of an invoice from the Municipality; iii. the sum of $39,480.00 which shall be accepted by the Municipality as partial payment towards the Subdivider’s share of the Municipality’s costs of engineering review and inspection with respect to the services to be constructed or installed or repaired pursuant to this Agreement, being three and 18 one-half percent (3.5%) of the total costs of the Services shown in the Schedule “E1” Estimate Construction Costs Phase 1 (the Engineering Fee), plus H.S.T; The owner agrees that the municipality may require additional payment should the engineering review and inspection with respect to the services to be constructed or installed or repaired exceed the original estimate. iv. the sum which will be accepted by the Municipality as the Subdivider’s share of the Municipality’s costs of engineering review and inspection with respect to the services to be constructed or installed or repaired pursuant to this Agreement, being three and one-half percent (3.5%) of the total costs of the Services for Phase 2 shown in the Schedule “E2” Estimated Construction Costs Phase 2 (the Engineering Fee), plus H.S.T. to be updated at the time of the commencement of Phase 2 construction; 4.3. SERVICING COSTS SUMMARY, INFRASTRUCTURE i. The parties agree that Schedules “E1” and “E2”, represent the Subdivider Engineer’s estimate of the costs of the Services which are to be provided by the Subdivider pursuant to this Agreement (the Estimated Construction Costs Summary). The parties further agree that the securities required under Section 4.4 shall be based on the figures set out in Schedule “E1” and “E2”. ii. The Subdivider shall pay the total cost of the construction or installation of the Services required to be provided pursuant to the terms of this Agreement. iii. street name signs and traffic signs on the Lands shall be approved and provided by the Municipality. The Municipality will install all such signs and will invoice the Subdivider for all the Municipality’s costs related to such purchase and installation. 4.4. SECURITY FOR PERFORMANCE a) To secure the faithful performance of all of the obligations of the Subdivider to the Municipality under this Agreement, the Subdivider shall, at the time of execution of this Agreement, deliver to the Municipality satisfactory security for the performance of the Subdivider’s obligations hereunder, in the form of one of the following security instruments: i. An irrevocable standby commercial letter of credit from a chartered bank or other financial institution approved by the Municipality, in a form and amount satisfactory to the Municipality Treasurer providing for the faithful performance of all of the obligations of the Subdivider to the Municipality Corporation under this Agreement; ii. A surety bond for purposes of guaranteeing performance of subdivision infrastructure development, issued by a Surety Company acceptable to 19 the Municipality Treasurer. The complete terms of the bonding instrument shall be submitted in advance for review and consideration by the Municipality’s solicitor and Municipality Treasurer. The Bond must be confirmed by the Municipality Treasurer to be adequate for the Municipality’s purposes. Among other terms the bond shall provide that: the obligation to pay is on demand, without regard to the equities between the Parties; payout is in cash up to the aggregate amount of the bond, but partial drawings are permitted; the bond is standing and irrevocable; the bond automatically renews or is otherwise continuous, until it is released with written consent of the Municipality. iii. a cash deposit provided to the Municipality by bank draft, certified cheque or approved direct deposit. b) The total amount of security to be provided to the Municipality upon the execution of this Agreement shall be based on the following: the total cost to the Subdivider of the services and works identified in the Schedule “E1” Estimated Construction Costs Phase 1, being $1,128,000; and The Subdivider agrees that the total amount of the performance security pursuant to this Section is $679,000.00 shown on Schedule “E1” as attached hereto which is required to be held by the Municipality no later than the time of the execution of this Agreement for Phase 1. c) The total amount of security to be provided to the Municipality for Phase 2, upon completion or installation of all the Services or other municipal services identified in Phase 1, being Schedule “E2” of this Agreement shall be based on the following: the total cost to the Subdivider of the services and works identified in the Schedule “E2” Estimated Construction Costs Phase 2, being $1,158,000.00; and The Subdivider agrees that the total amount of the performance security pursuant to this Section for Services and other municipal services in Phase 2 is $656,725.00 which is required to be held by the Municipality no later than the satisfactory completion of Phase 1 Services and the satisfactory completion of a multi-well simultaneous pumping test utilizing a minimum of three wells drilled on adjacent lots during Phase 1 being Condition 3 of the Notice of Decision of Draft 20 Plan Approval dated June 28, 2022 and other municipal services as identified in the previous Section of this Agreement. d) If applicable, the security required may be reduced by the sum of the cost of Services, if any, which have been satisfactorily completed during Pre-Servicing as certified by the Consulting Engineer, to the satisfaction of the Municipality. e) After the Municipality has received the security described above and the Municipality’s Treasurer is satisfied with the form and sufficiency of same, the Subdivider shall provide the Municipality with a certificate from its Consulting Engineer, in a form satisfactory to the Municipality’s Engineer, as to the Consulting Engineer's accounting of the total actual cost of the services and works to which the security relates, based on the Subdivider’s actual contract prices for the work (the Actual Servicing Cost). If the Actual Servicing Cost differs from the Estimated Servicing Cost by a factor of greater than 10%, the Municipality may: i. where the Actual Servicing Cost is less than the Estimated Servicing Cost Summary, reduce the security to the actual contract price, or; ii. where the Actual Servicing Cost is greater than the Estimated Servicing Cost Summary, require the Subdivider to provide additional security in the amount of the difference between the Estimated Servicing Cost Summary and the Actual Servicing Cost, No adjustment to security shall be made unless and until the Subdivider provides copies of the relevant contract or contracts to the satisfaction of the Municipality’s Engineer. f) If the Subdivider is not in default under this Agreement, the amount of any security instrument held by the Municipality, may, subject to the paragraph immediately below, be reduced from time to time to an amount, which, in the opinion of the Municipality is adequate to secure the faithful performance of the remaining obligations of the Subdivider. No reduction shall be made until the Subdivider has first filed with the Municipality a progress certificate from the Consulting Engineer as to the reasonable cost of the Services satisfactorily installed or constructed prior to the date of the certificate. In determining if a reduction in the amount of security is to be made, the Municipality may have regard for the following: i. any progress certificate filed by the Consulting Engineer and approved by the Municipality Engineer, ii. any reductions previously made, iii. any draws or claims made by the Municipality against the security. Notwithstanding the paragraph above, the amount of any security instrument provided by the Subdivider in respect of the cost of the Services shall not be reduced, as provided in the paragraph above, to less than one percent (1%) of 21 the Estimated Servicing Cost Summary, or $15,000.00, whichever amount is greater. g) When all the Services have been constructed or installed and any damage to the Services or other municipal services have been repaired, all to the satisfaction of the Municipality, and a letter certifying the same has been issued to the Subdivider by the Municipality or the Municipality Engineer, a security not less than the amount provided in the paragraph immediately above shall continue to be maintained by the Subdivider and held by the Municipality throughout the post Certificate of Substantial Completion warranty period, until Assumption of services by the Municipality as described in this Agreement. h) When all of the obligations of the Subdivider under this Agreement have been fulfilled in the opinion of the Municipality and the Municipality Engineer and the Municipality Treasurer, the Municipality shall return any outstanding security instruments to the Subdivider. 4.5. INDEMNIFICATION AND INSURANCE Until the Municipality shall have finally accepted the Works by a by-law, the Subdivider shall indemnify the Municipality and its agents, employees, contractors and subcontractors from and against all expenses, actions, causes of actions, suits, claims, demands or administrative orders whatsoever which may arise, either directly or indirectly, by reason of the construction and installation of any and all of the Works to be performed pursuant to this Agreement, including all plans, specifications and contracts therefor and any and all documentation submitted by or on behalf of the Subdivider in support of the approval of such plans, specifications and contract; and the insurance coverage policy required, shall not be construed as relieving the Subdivider from responsibility for indemnity of the Municipality for liability not covered by such insurance or in excess of the policy limits of such insurance. The Subdivider agrees to file with the Municipality on registration of this Agreement, or at such earlier date as the Subdivider may commence Pre-Servicing as described in this Agreement, a certificate of insurance evidencing the issuance to the Subdivider of a comprehensive policy of public liability and property damage insurance providing for coverage limits in respect of any one incident, of at least $5,000,000.00 exclusive of interest and costs, for this purpose. Such policy shall: (i) name the Municipality as an additional insured thereunder, (ii) be in form and content satisfactory to the Municipality, and (iii) be kept in good standing until all of Services are assumed. Such insurance shall include a cross-liability clause protecting the Municipality against claims by the Subdivider as if the Municipality was separately insured. 22 4.6. DEVELOPMENT CHARGES i. The Subdivider acknowledges that at the date of this Agreement, development charges are payable in respect of any development within the Plan in accordance with the Municipality of Bayham Development Charges By-law, being By-Law No. 2022-067, as amended. ii. The Subdivider further acknowledges that if said development charges bylaw is amended or is repealed and a further or additional bylaw is enacted, the development charges payable shall, irrespective of the charges payable at the date of this Agreement, be those payable in accordance with the bylaw or bylaws in effect at the time a building permit is issued. iii. Pursuant to Section 59(4) of the Development Charges Act, SO 1997, c.27, as amended, the Subdivider shall notify in writing each person who first agrees to purchase each subdivided lot within the Plan of all development charges, including development charges for school purposes, relating to any such Lot. 4.7. TAXES The Subdivider will pay the Municipality all outstanding municipal taxes, charges, fees and rates and levies assessed against the Lands, including any penalties thereon, forthwith upon the execution of this Agreement and shall remain current with such payments at the time of Plan Registration. Further, the Subdivider shall pay taxes and rates and levies assessed against any and all the lands within the Plan for which the Subdivider is in law responsible promptly when such taxes, charges, fees, rates and levies become due. 4.8. INTEREST PAYABLE i. Whereby this Agreement any cost, fee or amount is payable by the Subdivider to the Municipality, such cost, fee or amount shall be paid at the time or times stated, or if a time is not stated, it shall be paid within fifteen days of the mailing of a statement by prepaid first class mail or by email addressed to the Subdivider as provided in this Agreement. If any such cost, fee or amount is not paid within the time provided by this Agreement, interest shall be payable at the rate of eighteen percent (18%) per annum from the stated due time, compounded monthly, or from the sixteenth day after such mailing as the case may be, until payment, and the Municipality may draw on any security instrument provided by the Subdivider for the faithful performance of its obligations. Any amount received on such draw against security shall be applied toward payment of the cost, fee or amount owing and any interest in respect thereto. ii. if any cost, fee or amount is at any time unpaid, and the Municipality does not draw upon the security provide by the Subdivider, or if any draw made is insufficient to pay the cost, fee or amount owing, or the balance thereof together with interest which may be payable, any unpaid amount may be recovered as a debt in an action in any court of competent jurisdiction together with all costs incurred therewith. 23 iii. for such period as any cost, fee or amount is unpaid to the Municipality, the Municipality may, in addition to other remedies, refuse to grant building permits to the Subdivider or revoke any which have been issued and not acted on. iv. the interest calculation provided in i. above shall not apply in respect to any municipal taxes, penalties or interest thereon which the Subdivider pays at the time(s) named in this Agreement, provided that the Municipality may draw on any security given to the Municipality by the Subdivider for the faithful performance of the Subdivider’s obligations, in order to pay such taxes, penalties or interest due to the Municipality. 4.9. ADJUSTMENT OF MUNICIPALITY ENGINEERING FEE The parties agree that despite section 4.2(iii), above, the Engineering Fee paid by the Subdivider may be adjusted as follows based on the Actual Servicing Cost: i. where the Actual Servicing Cost is $10,000.00 or more below the Estimated Servicing Cost Summary, then the Municipality shall refund to the Subdivider, within thirty (30) days of the Actual Servicing Cost being confirmed by the Municipality Engineer, the difference in the Engineering Fee paid on the Estimated Consgtruction Cost Summary and the Actual Servicing Cost. ii. where the total contract price is $10,000.00 or more above the Estimated Servicing Cost, then the Subdivider shall pay to the Municipality, within thirty (30) days of the total contract price being confirmed by the Municipality Engineer, the difference in the Engineering Fee paid on the Estimated Construction Cost Summary and the Actual Servicing Cost. 5. LANDS AND EASEMENTS PROVIDED BY SUBDIVIDER 5.1. DEDICATION OF FUTURE STREETS All road allowances within the Lands, including any and all road widenings, shall be dedicated to the Municipality as public highways. 5.2. CONVEYANCES BY SUBDIVIDER a) At the time of the registration of the Plan the Subdivider shall: i. grant to the Municipality all easements and rights listed in the Schedule “C” attached to this Agreement for the respective purpose identified in said Schedule; ii. provide the Municipality with such further and other lands, rights and easements as it may require for watermains, sanitary sewers, storm sewers, storm drainage and other utility, stormwater, planning or conservation purposes as described in Schedule “C” to this agreement; iii. provide all utility companies with such rights and easements as each of them may reasonably require for hydro, telephone, television, cable, fibre optic and natural gas utility purposes. iv. ensure that all existing easements for storm sewers, sanitary sewers, water 24 services, third party utility services and other service providers, pedestrian access, and any and all easements, rights of way, interests or encumbrances over the Lands already subsisting at the time of Plan registration are shown on the Plan. b) Any such transfer of land to the Municipality pursuant to the above subsection shall be in fee simple and for nominal consideration (e.g. $1.00), in a form satisfactory to the Municipality's solicitor and title to the lands shall be good and free from all liens and encumbrances except as otherwise stated in this Agreement. The rights and easements granted to the Municipality pursuant to the above shall be for nominal consideration (e.g. $1.00) and title to the lands over which the rights and easements are granted shall be good and free from prior liens and prior encumbrances except as otherwise stated in this Agreement. If required by the provisions of the Act, the consent of the County Land Division Committee to such conveyance of land, rights and easements referred to above shall be obtained by the Subdivider. c) The Subdivider agrees to obtain a discharge of any lien and a postponement of any prior mortgage to the title, rights and easements granted to the Municipality pursuant to this Agreement. d) Forthwith after the registration of every grant of title, rights or easements referred to above, the Subdivider shall provide to the Municipality's solicitor a Certificate or Opinion of Title of the lands in respect of which such title, rights or easements are granted, in a form satisfactory to the Municipality's solicitor. A solicitor authorized to practice law in the Province of Ontario shall give such Certificate or Opinion. e) The Subdivider agrees to provide the Municipality within 2 months after the registration of the Plan with a mylar copy of the reference plan designating the lands in respect of which such transfers and grants of rights and easements are given to the Municipality pursuant to this Agreement. f) The lands to be transferred and the lands over which rights and easements are to be given, pursuant to this Agreement shall, on the registration of the Plan and at the time of any such transfer, be in a clean and tidy condition, graded as required by the Grading Plan which is a Schedule to this Agreement, where applicable, and if necessary, stabilized against erosion, all to the satisfaction of the Municipality and/or the Municipality Engineer. g) After such lands or such rights and easements are so transferred, the Subdivider shall not use or permit the use of such lands for the storage of top soil or any excavated material or equipment or construction materials except with the written consent of the Municipality and in the event of default in this regard, the Municipality, after giving the Subdivider such notice as the Municipality Engineer considers reasonable in the circumstances, may remove such soil, material or equipment and the cost of such removal and clean up shall be paid by the Subdivider to the Municipality. h) The Subdivider warrants that within any lands transferred to the Municipality by the 25 Subdivider pursuant to this Agreement, and any lands over which any easement is granted to the Municipality, there is no substance or material that is prohibited, controlled or regulated by any governmental authority whether federal, provincial, municipal or local including, without limitation, pollutants, contaminants, dangerous goods or substances, toxic or hazardous substances or materials, waste including without limitation, solid non-hazardous waste, PCBs, asbestos, petroleum and its derivatives, bi-products or other hydro carbons, all as defined in or pursuant to any laws, regulations, by-laws, guidelines, policies, approvals, certificates of approval, permits or orders rendered by any governmental authority. 5.3 LEGAL OPINIONS REQUIRED Not later than thirty (30) days after the final approval of the Plan by the County, the Subdivider shall cause to be delivered to the Municipality an opinion by a solicitor authorized to practice in Ontario, substantially in the form satisfactory to the solicitor for the Municipality: a) At the date of signing of this Agreement and at the date of the registration of this Agreement upon title, the Subdivider is the owner in fee simple of the Land free of all liens and encumbrances, save and except for any interest in the Land of an owner, mortgagee, tenant, easement holder or other encumbrancer as described in Schedule “A” attached to this Agreement; b) This Agreement has been registered against the Land in a first priority position, save and except for any interest in the Land described in Schedule “A” attached to this Agreement, and that Notice of Postponement of Interest for each of those interests described in Schedule “A” have been registered postponing such interest to provide priority in favour of the Municipality for this Agreement; c) The Plan is registered in the Land Titles Office for the Land Titles Division of Elgin (No. 11); d) The conveyance of real property to the Municipality as provided in section 5 of this Agreement has been made to the Municipality in satisfaction of the provisions of this Agreement, free and clear of all liens and encumbrances, save and except this Agreement and any easements in favour of the Municipality, and with such postponements of interest as are necessary to provide a free and clear interest. The said opinion(s) shall be addressed to the Municipality in consideration of a fee of $1.00 payable to the Solicitor rendering the same. 6. GRADING OF LOTS AND STREETS 6.1. ADHERENCE TO GRADING PLANS The Subdivider has prepared and submitted to the Municipality a grading plan for the Plan, which grading plan is attached hereto as a Schedule to this Agreement (the Grading Plan). The Subdivider warrants that the said grading plan has been prepared by the Consulting Engineer and that if the grades and elevations shown on 26 such plan are established; the lots and blocks within the plan will be adequately drained within a reasonable time, all in accordance with good engineering practice. Prior to commencing the construction or installation of any of the services described in Section 3, the Subdivider shall rough grade all Lots and Blocks within the Plan, as depicted in the Grading Plan. Such rough grading shall be in conformity, plus or minus six (6) inches, with the elevations shown on such Grading Plan. Where in the opinion of the Municipality Engineer, it is advisable to permit rough grading otherwise than in such conformity with the Grading Plan, t he Municipality Engineer may authorize in writing any variance subject to such terms and conditions as the Municipality Engineer may deem appropriate. Upon completion of the construction of the curbs and gutters required under this Agreement, all of the streets created by registration of this Plan shall be re-graded to conform to the Grading Plan. The Subdivider acknowledges that the Grading Plan has been reviewed by the Municipality Engineer but any approval noted thereon has been for the limited purpose of submission for Ministry of Environment, Conservation and Parks approvals, at the time of this Agreement. It is understood and agreed that subsequent grading plans shall be filed with the Municipality by the Subdivider as construction progresses, including but not limited to a final grading plan to be filed prior to assumption of the Services by the Municipality. When a subsequent grading plan is filed with the Municipality it shall replace and amend the Schedule. 6.2. LOT GRADING PLANS Following construction of each dwelling on Lots within the Plan or by such earlier date as the Municipality Engineer may in writing name, the Subdivider shall grade the Lot on which the dwelling has been or is being constructed and those Lots immediately adjacent thereto so as to establish the grades and elevations shown on the Grading Plan. In addition, each Lot shall be graded so that the slope is uniform between adjacent elevations on the Lot lines of such Lot as shown on the grading plan Schedule. In the event of any dispute as to the grade or elevation to be established and maintained at any point within any lot where the grade or elevation is not shown on the grading plan, the written decision of the Municipality Engineer as to the grade or elevation shall be final and binding. Upon the elevations and grades being established in accordance with this Agreement, the Subdivider shall thereafter maintain the same for so long as the Subdivider is the registered owner of the Lot. If, in the opinion of the Municipality Engineer, the Subdivider has at any time when the Subdivider is the registered owner of the Lands, or any part thereof, failed to establish or maintain such grade or elevation as required by this Agreement including the Grading Plan, the Municipality may, after giving such notice to the Subdivider as the Municipality Engineer considers appropriate in the circumstances, enter and re- 27 enter from time to time upon such lot, or any part thereof, with equipment, machinery, sod and fill and do such work and remove anything from the lot as in the Municipality Engineer’s opinion may be necessary to remedy such default, and the costs thereof shall be paid by the Subdivider to the Municipality and if not so paid, shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of eighteen (18%) per cent per annum commencing fifteen (15) days after the mailing of a statement to the Subdivider at his last known address. Where the Subdivider has sold or transferred a lot within the Plan, or any part thereof, and in the opinion of the Municipality Engineer, any grade or elevation within the lot, or any part thereof, has not been established or has not been maintained as required by subsection 7.3 Lot Development Plan in this Agreement , the Municipality, after giving such notice to the subsequent owner as the Municipality Engineer considers appropriate in the circumstances, enter and re-enter from time to time upon such lot with such equipment, machinery, sod and fill as the Municipality Engineer may determine and do such work and remove anything from the lot as in the Municipality Engineer's opinion may be necessary to remedy such default and the cost thereof shall be paid by the subsequent owner to the Municipality and if not so paid, shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of eighteen (18%) per cent per annum commencing fifteen (15) days after the mailing of a statement to the subsequent owner at his last known address. 6.3. GRADING CERTIFICATION The Municipality will accept a certificate from an Ontario Land Surveyor, or a qualified Consulting Engineer certifying: i. that the surveyor took elevations on one of more lots or blocks in the subdivision (which lot(s) and/or block(s) is to be specified by number) on a stated date; and ii. that on such date(s) the elevation and grades for such lot(s)/block(s) were in accordance with the requirements of this Agreement; as conclusive evidence that as of such date such elevations and grades complied with this Agreement. 7. LOT DEVELOPMENT 7.1. ZONING BY-LAW The Subdivider acknowledges that there may be lands within the Plan subject to the provisions of a Holding (H2) Zone pursuant to Municipality of Bayham Zoning By- Law, as amended. The requirements of said Zoning By-law and any other requirements as may be set out in an amendment to said Zoning By-law shall be complied with to the satisfaction of the Municipality prior to the removal of the holding symbol. The Holding Zone designation shall be removed from the lands pursuant to the requirements of the Planning Act prior to the issuance of any building permits for lots within the Plan. 28 The Subdivider acknowledges that prior to final approval shall provide to the satisfaction of the Municipality prepared by an Ontario Land Surveyor a certificate that demonstrates the Final Plan for all lots and blocks comply with the use and regulation of the approved Zoning By-law in effect. 7.2. BUILDING PERMITS a) The Subdivider acknowledges that the Municipal Chief Building Official shall have the power to refuse to grant building permits with respect to any or all the lots shown on the Plan of Subdivision, at any time when the Subdivider is in default under this Agreement. b) The Lot Owner agrees to submit to the Municipality with every application for a building permit, a Plot Plan prepared by a Consulting Engineer or an Ontario Land Surveyor or a qualified Planner, which is approved by the Subdivider's Consulting Engineer, indicating the location of the proposed building and driveway on the site and indicating that the proposed building and lot, as finally constructed and graded will comply with said Grading Control Plan as identified in Schedule "D" to this Agreement. The said Plot Plan will also indicate the elevation of the top of the foundation wall of the proposed building, which elevation will also conform to the said Grading Control Plan, and the location of infiltration galleries/conveyance pipe and retaining walls, if applicable. No building permits shall be issued until the Municipality has approved the Plot Plan. c) That the cost of construction of driveway entrances for each lot shall be the responsibility of the Lot Owner, while driveway concrete aprons, sidewalk and boulevard trees are the responsibility of the Subdivider and shall be included in the general Letter of Credit noted in the Subdivision Agreement. Each lot within the Draft Plan is permitted only one access unless additional accesses in permitted by the Municipality, and driveway locations for corner lots are to be located at the opposite side of the lots and away from the intersection and will require Municipal approval prior to the issuance of building permits. d) That no construction of any building will proceed beyond the completion of the foundation wall until the Subdivider has identified with a sign or paint markings on the foundation, the municipal address for the lot and has supplied the Municipality with a Certificate from a Consulting Engineer or an Ontario Land Surveyor or a qualified Planner, demonstrating that the elevation of the top of the foundation wall of the said building, as constructed, conforms within reasonable tolerance to the elevation shown on the said Plot Plan and meets lot, zoning and building compliances. The Subdivider agrees to provide to the Municipality, said Certificate within Seven (7) days from the date that the foundation has been backfilled and graded. e) To complete the final grading for the residential Lot in the Draft Plan in 29 accordance with the approved Plot Plan and Grading Control Plan and to maintain the approved grading and drainage pattern and where applicable infiltration galleries/conveyance pipes and retaining walls for the life of the approved development on the residential lot in the Draft Plan, all to the satisfaction of the Municipality. The Subdivider or Lot Owner further agrees not to alter the approved grading and drainage pattern without prior written permission from the Municipality. f) Once the final grading is completed for the lot, the Subdivider or Lot Owner shall submit to the Municipality, a Certificate, prepared by the qualified Consulting Engineer or an Ontario Land Surveyor or Planner who prepared the original Plot Plan for the building permit which is approved by the Subdivider's Consulting Engineer and shall provide evidence that the final grading of the said lot conforms to the said Grading Control Plan and Plot Plan within reasonable tolerances as determined by the Municipality and that as so graded, the lot will provide for surface drainage in accordance with proper engineering practices. Upon the Municipality confirming that the lot is in compliance with the Grading Control Plan/Plot Plan, as well as the applicable regulations in the Zoning By-law. g) That all primary drainage swales shall have topsoil and grass sod to the satisfaction of the Municipality prior to the issuance of any building permit. Where the installation of sod is not possible due to winter weather conditions the Subdivider must install alternative erosion and sedimentation control features to the satisfaction of the Municipality prior to the issuance of any building permit. The installation of sod in the primary swales shall take place at the earliest possible growing season all to the satisfaction of the Municipality and Planning Services. For the purpose of this Section, a primary drainage swale is part of the overall drainage system, is generally located on public lands or undeveloped future phases within the Draft Plan and accommodates the major overland stormwater flow for each phase of the development that is directed to an approved stormwater management facility, as identified in the Engineering and Planning Drawings. h) That no building permit shall be applied for or issued for any lot(s) and no building construction shall be undertaken thereon, until the applicable phase of the Draft Plan is registered and the Subdivider's Consulting Engineer for this Plan has provided in written confirmation to the Municipality that: i. the overall primary grading and drainage for the applicable phase has been completed; ii. the installation of the primary services within all the road allowances in the applicable phase, which shall include water, sanitary and storm services/facilities, sanitary pumping station (if applicable), the road up to base coat asphalt, concrete curb and gutter and retaining walls/safety guards, has been completed, or alternatively, in the event that the underground services (water, sanitary and storm services) and sanitary pumping station (if applicable) are completed 30 for all of the roads in the applicable phase, but the gravel base, base coat asphalt, concrete curb and gutter and retaining walls/safety guards cannot be completed for certain road allowances in the applicable phase due to wintertime construction, as requested in writing by the Subdivider's Consulting Engineer, then only those lot(s) that front on the applicable roads where the primary services have been installed, are eligible for a building permit, subject to the following: i) that the said roads where primary services have been completed shall include water, sanitary and storm services, the road up to base coat asphalt, concrete curb and gutter and retaining wall/safety guard, ii) that a suitable vehicle access to a public road shall be provided and where required an emergency access is provided. i) That no building permit for any lot(s) on the Plan shall be issued until such time as the Plan has been registered to create the lots and the matters contained in this Section have been complied with to the Municipality's satisfaction: i) Completion and connection of the trunk sanitary sewer and appurtenances to the satisfaction of the Municipality; ii) Completion and connection of the trunk watermain and appurtenances (if required) to the satisfaction of the Municipality; iii) Completion and operation of the stormwater management facilities and outlet; iv) Payment of the applicable development charges, as per the Municipality’s respective approved By-laws v) Blocks and/or easement to be conveyed to the Municipality; vi) The installation of street signs; vii) Satisfy any other special conditions outlined within this agreement. 7.3. LOT DEVELOPMENT PLANS With every building permit application, the Subdivider will submit to the Municipality’s Building Department a lot development plan for the subject lot, prepared and certified by a member in good standing of the Professional Engineers of Ontario or by an Ontario Land Surveyor. The lot development plan for each Lot within the Plan shall show details of the proposed lot elevations and grades, basement and top of foundation elevations, drainage and stormwater management components, all of which shall conform to the Grading Plan and the Stormwater Management Plan. The lot development plan shall also show details of the location of all existing and proposed easements, all proposed building and structures, site services, driveway, existing trees and any other significant site features. The qualified professional consultant who prepared and certified the Grading Plan shall approve each lot development plan. 31 Following the completion of the construction of all buildings and structures, site services, driveways and any other significant site features and completion of the fine grading on each Lot, the Lot shall be seeded or sodded and within the first sixty (60) days after the completion of the seeding or sodding, the Subdivider shall file with the Municipality, a certificate signed by the Consulting Engineer, certifying that the lot has been developed in accordance with the Lot development plan. The Subdivider agrees that it will require the purchaser of any Lot within the Plan, as a condition of purchase and sale, to fulfill these requirements. 32 7.4. MODEL HOMES The Owner may erect two (2) model homes during Phase 1 on the Lands on Lot #11 and Lot #13 approved by the Municipality subject to the following: a) Payment of the building permit application fee and an infrastructure deposit to the Municipality for each model home building permit. The Municipality agrees to refund the infrastructure deposit to the Owner, without interest, upon the issuance of “As Constructed” drawings and a follow-up site inspection; b) All financial and other matters are in good standing to date pursuant to the terms and requirements of this Agreement; c) The Owner agrees to submit to the Municipality’s Chief Building Official a Site Plan and other such drawings as the Municipality deems necessary for the development of the Model Home area for approval, which approval must be obtained prior to the commencement of any construction work hereunder and as a prerequisite to the issuance of the building permit with respect to the said Lot. Approval shall relate to the lot grading, drainage, and landscaping as well as other matters which the Owner proposes to install, construct or erect on the said lot; d) The Owner and the Municipality agree that if Services Works have not been installed then additional connection security deposit as determined by the Municipality, will be required at the time of building permit application. The Municipality agrees to refund the connection security deposit to the Owner without interest, upon receipt of written confirmation of connection to the newly installed services; e) Where a building permit has been issued to permit the construction of a model home, an unobstructed emergency access route shall be maintained at all times with a minimum width of six (6) metres constructed of granulars and have sufficient compaction as to provide access for all emergency vehicles to the satisfaction of the Municipality and any Emergency Services; f) Each model home shall comply with all provisions of the Municipality’s Zoning By- law and Ontario Land Surveyor shall provide the Municipality with a building location survey confirming the building location; g) The Owner covenants and agrees that no building or structure or erection built, constructed or erected on any Lot as a model home shall be occupied, save and except that the building may be occupied for the sole purpose of an office to promote the sale of houses in the Plan of Subdivision as described in the Agreement. No occupancy of the model home shall be permitted until all of the other applicable provisions of this Agreement have been complied with. 33 7.5. OCCUPANCY OF UNITS The Subdivider shall not occupy nor permit to be occupied, any dwelling unit on any part of the Lands until: i. a building permit has been obtained and compliance has been made with the provisions of the Building Code Act, 1992. S.O. 1992, c.23 as amended and the Building Code (Ontario Regulation 332/12); ii. a sewer permit has been obtained and the sanitary sewer for the dwelling connected to the municipal sanitary sewer and the storm sewer private drain connection for the dwelling has been connected to the municipal storm sewer, and; iii. water services to the unit have been installed to the satisfaction of the Municipality; iv. electrical and gas services have been installed within the Lands and or arrangements satisfactory to the Municipality Engineer have been made for the installation of such services to the dwelling; and, v. communication and/or telecommunication services for emergency management services (i.e. 911 Emergency Services) have been installed. 7.6. BUILDING COVENANT – NO DUPLICATION The Subdivider agrees that no front exteriors of any dwelling unit shall be duplicated on any street within the Lands unless the duplicated exteriors are located on opposite sides of the street, or, if on the same side of the street unless they are separated by at least four (4) Lots. 8. NOTICES AND FURTHER REQUIREMENTS 8.1. STREET PARKING RESTRICTIONS The Subdivider acknowledges that parking of motor vehicles on Municipality Streets shall only be permitted in the locations identified on the Engineering Drawings listed on the attached Schedule “D” to this Agreement, in accordance with the Municipality of Bayham criteria for parking restrictions. The Subdivider agrees: i. to provide notice of the parking restrictions to the first purchaser of each Lot within the Plan and, no later than the issuance of the first building permit within the Plan; ii. to provide evidence to the Municipality that all marketing materials and plans prepared and used to advertise the sale of lots within the Plan clearly identify the parking restrictions. 34 8.2. COMMUNITY MAILBOXES – CANADA POST The Subdivider acknowledges that Canada Post will provide mail delivery service to the subdivision through centralized Community Mail Boxes (CMB) and agrees to: a) The Owner shall provide Canada Post with the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. As well, the Owner shall provide the expected installation date(s) for the Community Mail Boxes. b) The Owner shall make satisfactory arrangements with Canada Post and the Municipality, for the installation of Canada Post Community Mailboxes and shall indicate these locations on the appropriate servicing plans. The applicant shall further provide the following for the Community Mailboxes: i) The developer agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post; ii) The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Box. The developer also agrees to note the locations of all Community Mail Boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Box; iii) The developer will provide a suitable and safe temporary site for a Community Mail Box until curbs, sidewalks and final grading are completed at the permanent Community Mail Box locations. Canada Post will provide mail delivery to new residents as soon as the homes are occupied; and iv) The developer agrees to provide the following for each Community Mail Box site and to include these requirements on the appropriate servicing plans: a. Any required walkway across the boulevard, per municipal standards; b. Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications); and c. A Community Mailbox concrete base pad per Canada Post specifications. 35 8.3. FUTURE SIDEWALK CONNECTIVITY The Subdivider acknowledges the Municipality’s policies and objectives to promote complete streets, a walkable community, cycling and other active transportation initiatives supporting healthy lifestyle activities and agrees to promote the use of the Municipality’s Parks through community design that includes connectivity and continuity of sidewalks installed within the Plan as well as other links to support access to parks, other neighbourhoods, schools and commercial and employment areas. The Subdivider shall provide evidence to the Municipality that all marketing materials and plans prepared and used to advertise the sale of lots within the Plan clearly identify the active transportation opportunities by identifying the location of sidewalks to be installed within the Plan. 8.4. SCHOOL ASSIGNMENT – THAMES VALLEY DISTRICT SCHOOL BOARD (TVDSB) OR LONDON DISTRICT CATHOLIC SCHOOL BOARD (LDCSB) The Thames Valley District School Board and London District Catholic School Board advises that new homeowners should, at the time of purchase, verify the school designation for students with the applicable Board by using the School Locator on the TVDSB website or LDCSB or by calling the applicable Board Office. Furthermore it is recommended that the Subdivider shall recommend to all purchasers of Lots within the Plan that each Purchaser confirm school designations with either Board at the time of purchase and further advise that additional information is available through the Board web sites. 8.5. ARCHAELOGICAL ASSESSMENT An Archaeological Assessment of the Lands was conducted by Wood Environment & Infrastructure Solutions, a Division of Wood Canada Limited. Their report entitled, “Original Report: Stage 1 & 2 Archaeological Assessment Sandytown Line Subdivision Part of Lot 123, Concession North of Talbot Road East, Straffordville, Municipality of Bayham, Straffordville, Former Township of Bayham, Elgin County, Ontario” dated November 19, 2020 filed with MHSTCI Toronto Office on N/A, MHSTCI Project Information Form Number P219-0072-2020, MHSTCI Fire Number 0013230 recommended that the study area may be considered free of archaeological concern and no further archaeological assessment of the study area is required. The Ministry of Heritage, Sport, Tourism, and Culture Industries (MHSTCI), in a letter dated February 18, 2021 acknowledges the report, which was submitted as a condition of licensing in accordance with Part VI of the Ontario Heritage Act, R.S.O. 1990, c 0.18, was entered into the Ontario Public Register of Archaeological Reports without technical review. 36 The Subdivider is advised that in the event that deeply buried archaeological remains should be discovered during construction, it is recommended that archaeological staff of the Ontario Ministry of Tourism, Culture and Sport be notified immediately. Similarly, in the event that human remains should be encountered during construction, the Funeral, Burial and Cremation Services Act, 2002, S.O.2002.c33 (FBCSA) requires that any person discovering human remains must notify the appropriate municipal police, the local coroner, and the Bereavement Authority of Ontario. 8.6 GROUNDWATER/SOILS TESTING The Subdivider acknowledges that the Municipality’s review of the Plan was limited to land use planning and public engineering concerns and did not include groundwater, soil or soil atmosphere testing. The Municipality makes no warranty as to the environmental condition of the groundwater, lands or atmosphere comprising the Lands and the Subdivider explicitly acknowledges that it has not received nor is relying on any such warranty by the Municipality. If the Subdivider considers it prudent in the circumstances, before proceeding with this Plan of Subdivision, it shall retain such consultants and conduct such investigations as it considers advisable at its sole risk and expense. The Ministry of Environment, Conservation and Parks must be notified immediately should waste materials and/or other contaminants be discovered, and in the event waste materials and/or other contaminants are discovered, a further approval under Section 46 of the Environmental Protection Act may be required from the Ministry of Environment, Conservation and Parks. 9. SPECIAL PROVISIONS 9.1 STREET NAMES The streets included in the draft plan of subdivision shall be named, to the satisfaction of the Municipality of Bayham, being: Street A - MAVERICK COURT Street B - WALL STREET 9.2 MULTI-WELL PUMPING TEST That a multi-well simultaneous pumping test utilizing a minimum of three wells, drilled on adjacent lots during Phase 1 of the development, be conducted to provide empirical verification of the calculations in the amended Hydrogeological Assessment (prepared by Ian D. Wilson Associates Ltd. and dated January 22, 2021) and confirm that the proposed density is acceptable prior to the commencement of Phase 2 construction in accordance with 37 Condition 3 of Draft Plan of Approval Notice of Decision dated June 28, 2022. 10. CONSTRUCTION AND APPLICABLE STANDARDS 10.1. CONSTRUCTION CONTRACT(S) APPROVAL The Subdivider shall install or construct, or cause to be installed or constructed, the Underground and Above Ground Services in accordance with contract documents approved by the Consulting Engineer who shall ensure that such pertinent plans and specifications, are included in the tender and contract documents and such other documents as may be required by the Municipality and/or the Municipality Engineer. The contract documents shall at the discretion of the Consulting Engineer and/or upon any request for same by the Municipality and/or the Municipality Engineer be filed with the Municipality prior to the commencement of the construction or installation of any of the services to which they relate. 10.2. INSPECTION AND ENTRY The construction and installations by the approved contractor(s) shall be performed under the supervision of the Consulting Engineer with additional inspections to be made, at the Municipality’s discretion, by the Municipality and/or the Municipality Engineer. The Municipality, by its employees or by agents and consultants, if any, retained by the Municipality, may enter the Subdivider’s lands at all reasonable times and for all reasonable purposes including for all inspections that may be deemed by the Municipality to be necessary or advisable, without prior notice to the Subdivider. 10.3. USE OF PUBLIC HIGHWAYS The Subdivider will not do any work on, under or over or use any public highway abutting the Lands in connection with the performance of this Agreement, except with the express written approval of the Municipality. Where any such work is approved, it shall be commenced and completed within such time or times as are fixed by the Municipality and/or the Municipality Engineer and to the Municipality’s satisfaction. The Subdivider further agrees to provide such barriers and signs and take other steps as may be required by the Municipality to avoid injury or risk of injury to any person using such highway. 10.4. LIENS The Subdivider shall comply with all provisions of the Construction Act, R.S.O. 1990, c. C.30 (hereinafter the “Construction Act”), as amended from time to time, and without limiting the generality of the foregoing, shall hold in its possession all statutory holdbacks and any additional funds required to be held by the Construction Act. These holdbacks and funds shall not be disbursed except in accordance with the Construction Act. The Subdivider shall at the Subdivider’s expense, within thirty 38 (30) days of receiving written notice from the Municipality to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought, or registered under the Construction Act, which may affect the Lands and any other lands, including public highways, road allowances and other lands, and which arise out of performance of the terms of this Agreement by the Subdivider. The Owner shall indemnify and hold harmless the municipality from all losses, damages, expenses, actions, causes of actions, suits, claims, demands and costs whatsoever which may arise either directly or indirectly by reason of failure, neglect, or refusal by the Owner to comply with the Construction Act, or by reason of any action brought against the municipality under the Construction Act, and arising out of the performance of this Agreement by the Owner. The Municipality may, at any time, after the expiry of the thirty (30) day period of written notice referred to above, authorize the use of all or any part of the performance security or deposits required under this Agreement, (a) to pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought, or registered under the Construction Act, which may affect any lands subject to this Agreement, including public highways, road allowances and other lands; and, (b) to pay the Municipality any amounts owing to the Municipality under this Section. The Subdivider acknowledges that the Municipality shall not be required to reduce or release any security or deposit until the Municipality is satisfied that all of the provisions of this Section have been complied with. Where this Agreement requires that proof of no liens filed must be provided, the requirement may be fulfilled by certification in writing from the Subdivider’s solicitor or the Consulting Engineer stating that: (a) All contractors for the Works for which a reduction or release is sought have been paid in full; (b) That the applicable lien periods have been completed; and, (c) That no liens have been brought or registered. The certification shall also explicitly acknowledge that the Municipality is entitled to rely on the certification and that the author fully indemnifies the Municipality of any subsequent claim, actions, or costs arising from such reliance and shall ensure that any subsequent claim or action is discharged to the satisfaction of the Municipality at no cost to the Municipality. 10.5. STANDARDS APPLICABLE TO SERVICE INSTALLATIONS a) ROAD DESIGN AND CLASS OF ROADS i. All streets shall be constructed to the Municipality’s local road classification as set out in the Municipality of Bayham Design Construction Standards 2018 in accordance with the approved Engineering Drawings as a two- phase development attached as Schedules to this agreement. ii. All road designs within the Lands are to conform to the most current version of the Municipality of Bayham Design Construction Standards 2018 at the time of development. 39 iii. The timing of the construction of related future roads to ensure connectivity for active transportation is to be clearly defined as context for the streets within the Lands. b) SOIL CERTIFICATES – ROADS AND UNDERGROUND SERVICES The Subdivider agrees to hire a qualified geotechnical consultant in good standing with the Professional Engineers Association of Ontario with experience in road works satisfactory to the Municipality Engineer to check the construction procedures, quality of materials and workmanship used and to provide a written certificate that the design standards approved by the Consulting Engineer and the Municipality Engineer for the road works required under this Agreement have been achieved. All testing shall be carried out to the satisfaction of the Municipality Engineer. The Subdivider shall perform periodic inspections and such further assessments and inspections as appropriate or as the Municipality Engineer requires. The Subdivider agrees that prior to commencing any sewer construction, it will hold a meeting with representatives of its contractor and its soil consultant and shall establish, and have approved by the Municipality Engineer, the means of compacting trench backfill material. The Subdivider is to have its soil consultant and the Consulting Engineer on site when the installation of sewers is started. The approved method or methods of compacting the sewer trench backfill material shall be tested by the soils consultant to ensure that the method or methods to be used meets the road design criteria. Not more than one hundred fifty (150) metres of sewer shall be laid, unless approved otherwise by the Consulting Engineer until the soil consultant has approved the compaction method or methods. The soils consultant shall supply to the contractor, the Consulting Engineer and the Municipality Engineer, in writing, descriptions of the approved compaction method or methods and their test results within two (2) days after the initial testing. A written certificate by the Subdivider’s qualified soil consultant is to be supplied to the Municipality Engineer prior to a request by the Subdivider for the assumption of any road(s) within the Lands and is to cover all roads contained in the request for assumption. c) TREE PLANTING The Owner or Subdivider shall plant one tree per lot in the front yard and of a kind and size approved in writing by the Manager of Public Works. Should any tree die within 12 months of planting the Owner or Subdivider shall replace the tree with a new tree as prescribed in this agreement. Trees are to be planted a minimum of 1 metre (3.3 feet) behind the front property line and located so as not to interfere with services and utilities at any time. d) TURN AROUND DESIGN 40 The Subdivider shall ensure the design of turn arounds within the Lands, is consistent with design drawings approved by the Municipality. e) SANITARY SEWER SYSTEM i. SEPARATION Every sanitary sewage system installed or constructed on the Lands shall be separate and distinct from every storm sewage system on such lands and within such building or buildings and shall be connected only to the Municipality's sanitary sewage system. Every storm sewage system installed or constructed on the Lands shall be separate and distinct from every sanitary sewage system on such lands and shall be connected only to the Municipality's storm sewage system. ii. INSPECTION RECORD The Certificate of Substantial Completion is to be issued and again prior to the Certificate of Assumption of Services by the Municipality, including the sanitary sewer system described in the Engineering Drawings which is a Schedule to this Agreement, the Subdivider agrees to inspect all such sewers within the Lands by a televised inspection method, or an equivalent method satisfactory to the Municipality Engineer, and to provide the Municipality with an inspection record satisfactory to the Municipality Engineer in the form of a copy of the video tape, digital record or other production generated by each such sanitary sewer inspection. 11. FURTHER COVENANTS The Parties further covenant as follows: 11.1. DEFAULT a) If the Subdivider fails: i. to commence or complete the installation or construction of any of the Services required in accordance with the plans which are Schedules to this Agreement, within the times specified in this Agreement; or, If, in the Municipality Engineer’s opinion, the Subdivider: ii. fails to install or construct such Services in accordance with the plans attached as Schedules to this Agreement; or, iii. after commencing the installation or construction of any such Services, fails to prosecute such installation or construction within agreed upon time or in order that the works may be completed within the time provided in this Agreement; or iv. is improperly performing or carelessly executing work involved in the installation or construction of any such Service; or v. has neglected or unreasonably delayed installation or construction or reconstruction or repair or replacement of such Services; or 41 vi. has neglected or refused to reconstruct or perform remediation of such Services as may be rejected by the Municipality Engineer as defective or unsuitable; and any such default continues for ten (10) days or for another a period stated by the Municipality in the notice, after notice of the default from the Municipality Engineer has been given to the Subdivider, then the Municipality, in addition to any other remedy the Municipality may have, may take such steps as it deems necessary to remedy the said default. b) In case of emergency circumstances, as determined in the discretion of the Municipality Engineer, where remedial measures, repairs or replacements are necessary, in the Municipality Engineer’s opinion, to alleviate any default (referred to above) by the Subdivider such work may be done by the Municipality without advance notice to the Subdivider. 11.2. REPAIR OF SERVICES a) If at any time prior to Assumption of the Services, any of the Services do not function or do not function properly, the Municipality shall, subject to 11.2 b) below, give notice of such malfunction to the Subdivider and if such malfunction is not remedied within ten (10) days of the mailing of such, or a longer period if stated in the notice, then the Municipality may make whatever repairs or replacements it deems necessary. b) That if at any time prior to the Assumption of the Services, any of the Services do not function or do not function properly and in the opinion of the Municipality Engineer repairs or replacements are immediately necessary to prevent damage or hardship to persons or property, the Municipality may proceed forthwith to make whatever repairs or replacements it deems necessary and the cost, with or without notice. 11.3. MUNICIPALITY PERFORMING WORKS a) Where in the opinion of the Municipality Engineer, it is necessary or advisable to perform remedial work or to construct or install or complete the whole or any part of any of the Services, such Service or Services may be installed, constructed or completed in whole or in part by the Municipality and the cost of remedying any default or of constructing, installing or completing the whole or any part of any of the services, together with an engineering and administration fee of five percent (5%) of the cost as certified by the Municipality Engineer shall be paid by the Subdivider to the Municipality. b) The Subdivider and the Municipality agree that where the Municipality installs, constructs, repairs or maintains any of the Services prior to the Services being Assumed by the Municipality as provide by the terms of this Agreement, such installation, construction, repair or maintenance shall be done as agent for the Subdivider and shall not constitute an Assumption of the Service or Services by the Municipality. 42 c) The Subdivider will repair, at the Subdivider’s expense, in a good and workmanlike manner, to the satisfaction of the Municipality and/or the Municipality Engineer and within such time as the Municipality and/or the Municipality Engineer may provide, any damage to any of the Services and damage to any other municipal service where such damage has resulted from the installation or construction of any Services or from the construction of any building or structure on Lands or from the performance of any other work on the Lands, or from the performance of any work within the public highways abutting the Lands or the performance of any other work arising from the terms of this Agreement. 11.4. MAINTENANCE OF SERVICES a) For the purposes of this section “maintenance” includes grading, dust- laying or snow ploughing of any road, removal of mud and/or debris from internal or abutting streets, cleaning of sewers, flushing of watermains, flushing and cleaning of stormwater management facilities and replacement of street lighting bulbs and such repairs of other works as the Municipality and/or the Municipality Engineer may from time to time designate. b) The Municipality may elect to provide maintenance from time to time for any or all of the Services constructed or installed by the Subdivider. The maintenance shall be allocated as follows: i. the Subdivider shall pay to the Municipality the costs of all such maintenance performed by the Municipality prior to the Certificate of Substantial Completion under Section 12, ii. the Municipality shall be responsible for the costs of all such maintenance performed by the Municipality after the Certificate of Substantial Completion has been issued, until the services have been Assumed by the Municipality and thereafter. c) If prior to the Certificate of Substantial Completion, in the opinion of the Municipality, snow ploughing is required or where, in respect to any other maintenance, in the Municipality and/or the Municipality Engineer’s opinion an emergency exists, the Municipality may, without notice to the Subdivider, provide snow ploughing or whatever maintenance is in the Municipality and/or the Municipality Engineer’s opinion necessary to meet such emergency in respect to any or all of the Services constructed or installed by the Subdivider. d) Where no emergency exists relating to the required maintenance work and the work is to be performed by the Municipality prior to the Certificate of Substantial Completion at the cost of the Subdivider, the Municipality shall make reasonable efforts to inform the Subdivider of the maintenance required using one or more of the following methods and the contact information provided according to this Agreement: 43 i. conversation in person or by telephone with the Subdivider or consulting Engineer; ii. telephone message left for the Subdivider; iii. e-mail using current Subdivider email. If the Subdivider declines to perform the maintenance works or fails to undertake the maintenance work within 8 hours following the forwarding of information described above, or if the Subdivider fails to proceed expeditiously with the completion of such work after commencing same the Municipality will proceed to do the subject maintenance work. 11.5. ALLOCATION OF SEWAGE CAPACITY a) The Subdivider agrees with the Municipali ty that the registration of this Plan does not constitute an allocation by the Municipality of any sewage capacity in the Municipality's sewage treatment systems beyond development of the residential Lots in a two-phase development as shown on the Plan. 11.6. VEHICLE CLEANING OBLIGATIONS The Subdivider shall provide vehicle-cleaning facilities for vehicles operating within and leaving the subdivision so that debris and/or mud from the Lands will not be deposited onto any street within or beyond the Lands. Where debris and/or mud from such lands is deposited on any street within or beyond the Lands, the Subdivider shall promptly remove such debris and/or mud to the satisfaction of the Municipality and if, in the opinion of the Municipality, the Subdivider has failed to do so promptly or to do so to its satisfaction, then the Municipality may undertake such removal and the associated cost shall be paid by the Subdivider. In the event of any dispute as to the origin of any debris and/or mud on any street within or beyond the Lands, the decision of the Municipality shall be final and binding. If requested by the Municipality, the Subdivider agrees to construct a properly drained and gravelled wash area(s) within the Lands to prevent the tracking of debris and/or mud onto Municipality streets. 12. SUBSTANTIAL COMPLETION AND ASSUMPTION 12.1. CERTIFICATE OF SUBSTANTIAL COMPLETION a) After the Subdivider has completed all of the Services shown in the Engineering Drawings which are Schedules to this Agreement, the Subdivider shall apply to the Municipality for a Certificate of Substantial Completion. The Subdivider’s application shall be accompanied by: i. the Consulting Engineer’s detailed report on the completed works and Services in a form satisfactory to the Municipality and/or the Municipality Engineer, 44 ii. a final grading plan for all lands comprising the streets and Lots within the Plan with compliance certified by the Consulting Engineer or Ontario Land Surveyor, iii. as-constructed drawings of all Services and such other documentation as the Municipality Engineer may require verifying conformity to the approved Engineering Drawings which are Schedules to this Agreement, and applicable standards of the Municipality, and iv. the video sewer inspection records referred to this Agreement. b) The Municipality may conduct such inspection or further investigations of the installed services and works as the Municipality may deem appropriate. c) upon the Municipality determining that all the Services shown on the plans which are Schedules to this Agreement have, to the satisfaction of the Municipality Engineer, been substantially completed, the Municipality shall provide the Subdivider with a Certificate of Substantial Completion evidencing the satisfactory substantial construction of such Services whereupon the ownership of such Services shall vest in the Municipality. 12.2. WARRANTY PERIOD Notwithstanding such vesting of ownership, and the performance of maintenance by the Municipality, all of the municipal Services shall continue to be fully repaired, replaced and reconstructed, as needed, by the Subdivider for a further two-year warranty period, commencing on the date on which the Municipality issues the Certificate of Substantial Completion. The Municipality shall not be deemed to have assumed responsibility for such repair, reconstruction and replacement; nor shall it be presumed or deemed that the Services comply with all specifications and standards required under this Agreement. 12.3. CERTIFICATE OF ASSUMPTION At the end of the first two years after the date of issuance of the Certificate of Substantial Completion by the Municipality, the said Services shall be eligible for a Certificate of Assumption provided that the Subdivider is not in default in respect to any aspect of the condition deficiency or compliance of any of the Services, as determined by the Municipality following an inspection of Services by the Municipality and/or the Municipality Engineer and the Municipality Engineer’s review of such reports as the Municipality Engineer may require from the Consulting Engineer or other qualified persons. Such inspection and review shall be performed by the Municipality Engineer in response to a request from the Subdivider or, in the absence of a timely request, at the initiative of the Municipality Engineer. The following requirements shall be met prior to a Certificate of Assumption being issued by the Municipality: 45 a) The Subdivider shall have repaired or otherwise rectified any deficiencies noted by the Municipality Engineer, to the satisfaction of the Municipality Engineer; b) The Subdivider shall file with the Municipality a certificate from an Ontario Land Surveyor certifying that such bars and monuments within the Lands as are designated by the Municipality Engineer are located in accordance with the Plan; c) The Subdivider shall file with the Municipality a final set of “as constructed” drawings, certified by the Consulting Engineer and including the Services including any Services described as temporary in this Agreement, which then remain in use. The drawings shall be prepared to the current standards of the Municipality and to satisfaction of the Municipality Engineer; and, d) The Subdivider shall provide sufficient proof, as required hereunder and to the satisfaction of the Municipality’s Treasurer, that no liens have been brought or registered. Upon the Municipality issuing the Certificate of Assumption the Municipality shall, if there is then no default by the Subdivider, report to the elected Council of the Municipality, recommending that the Council pass a by-law to assume all of the Services in accordance with the Certificate of Assumption. After passage of such by-law the Municipality shall be responsible for the repair and maintenance of all municipal services and works constructed and installed under this Agreement, subject only to any exception set out in this Agreement or in other written agreement(s) between the Parties. 12.4. NO WINTER INSPECTION A request for a Certificate of Substantial Completion or for a Certificate of Assumption shall not be made between November 15th of any year and April 1st of the year following, and the Subdivider acknowledges that neither of these certificates will be issued in any such period. 13. GENERAL PROVISIONS 13.1. TIME IS OF THE ESSENCE Time shall be of the essence in this Agreement. 13.2. NOTIFICATION If any notice is required to be given to the Subdivider by the Municipality or the Municipality Engineer with respect to any matter relating to this Agreement, such notice, if sent by prepaid registered mail or delivered, shall be addressed or delivered to the address below or may be emailed to: 1985763 ONTARIO INC. c/o FRANK WALL 8635 STEWART RD 46 STRAFFORDVILLE ON N0J 1Y0 Telephone: 226-377-1703 Email: urbanrockdevelopments@gmail.com or to such other address as is given by registered mail to the Municipality and any such notice mailed, delivered or emailed as provided above shall be deemed good and sufficient notice under the terms of this Agreement. 13.3. PRIORITY OF MUNICIPALITY ACTIONS Where in this Agreement, the Municipality is authorized to do any act, whether or not there is any default on the part of the Subdivider, the Subdivider shall not in any way interfere with any act done by the Municipality and the Subdivider shall not permit its agents, servants, officers and contractors to interfere in any way. On notice from the Municipality, the Subdivider shall terminate any work which it may be doing or cause its agents, servants, officers and contractors to terminate any work which they may be doing which interferes with the Municipality carrying out or proceeding on anything authorized to be done by the Municipality 13.4. DELEGATION OF MUNICIPALITY RESPONSIBILITES Where in this Agreement provision is made for anything to be done by the Municipality or by the Manager of Public Works, it may also be done together with or by a person or persons or corporation designated by the Municipality or designated by the Manager of Public Works, as the case may be. 13.5. ASSIGNMENT OF OBLIGATION No right or obligation under this Agreement shall be assigned by the Subdivider in whole or in part without the written consent of the Municipality, but such consent shall not be unreasonably withheld. 13.6. ESTOPPEL The Parties acknowledge the consensual nature of this Agreement and the reliance of both Parties on the incontestability of the terms and conditions of this Agreement. Neither party shall call into question, directly or indirectly, in any proceedings whatsoever, in law or in equity, or before any administrative tribunal, the right of the Municipality to enter into this Agreement or to enforce each and every covenant and condition contained herein. This Agreement may be pleaded as an estoppel against any other party in such proceedings. 13.7. ENTIRETY This Agreement and all attached schedules constitute the entire agreement between the Parties to this Agreement pertaining to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the Parties. There are no warranties, representations or other agreements between the Parties in connection 47 with the subject matter of this Agreement save and except as specifically set forth herein. 13.8. SUCCESSOR OBLIGATIONS AND BENEFIT The Subdivider agrees that the Municipality may enforce the provisions of this Agreement against the Subdivider and, subject to the Land Titles Act R.S.O. 1990, c L.5, against any and all subsequent owners of the lands described in Schedule “A” and any part thereof. This Agreement shall in effect run with the lands within the Lands. 13.9. SUCCESSION This Agreement and the covenants, provisions, conditions and schedules herein contained shall enure to the benefit of, and be binding upon the respective successors, trustees or assigns of each of the Parties hereto. IN WITHESS WHEREOF the Parties hereto have executed this Agreement. The date on which this Agreement is executed by the last of the Parties to sign, is the date of Agreement, to be inserted at the head of this Agreement Executed this 21st day of December 2023. ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) ) ______________________________ ) Ed Ketchabaw, Mayor ) ) ) ______________________________ ) Meagan Elliott, Clerk ) I/We have authority to bind the Corporation ) Executed this day of 2023. ) 1985763 ONTARIO INC. ) ) ) 48 ) ______________________________ ) Frank Wall, President ) ) I have authority to bind the Corporation 49 SCHEDULE “A” SUBDIVISION AGREEMENT dated the day of 20____. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter called the “Municipality” and one of the parties) - and - 1985763 ONTARIO INC. a corporation incorporated under the laws of the Province of Ontario and having its registered office in the Municipality of Bayham in the County of Elgin (hereinafter called the “Subdivider” and one of the parties) LEGAL DESCRIPTION PART OF LOT 123, CONCESSION NTR BAYHAM DESIGNATED AS PART 1, 11R-11079; MUNICIPALITY OF BAYHAM being all of PIN 35337-0360 (LT) 50 ADD SCHEDULE “B1” - PLAN OF SUBDIVISION – PHASE 1 SCHEDULE “B2” - DRAFT PLAN OF SUBDIVISION – PHASE 2 SCHEDULE “C” - BLOCKS & EASEMENTS TO BE TRANSFERRED BY SUBDIVIDER 51 SCHEDULE “D” SUBDIVISION AGREEMENT dated the 21st day of December 2023. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter called the “Municipality” and one of the parties) - and – 1985763 ONTARIO INC. a corporation incorporated under the laws of the Province of Ontario and having its registered office in the Municipality of Bayham in the County of Elgin (hereinafter called the “Subdivider” and one of the parties) ENGINEERED DRAWINGS LIST AND DESCRIPTIONS The following are the list of plans identified by drawing numbers and descriptions that are located in the municipal office. Drawing No. Description Date/Version 1 Cover Page Rev No. 3 26 OCT 2023 2 Grading Plan Rev No. 3 26 OCT 2023 3 Sanitary System Drainage and Areas Rev No. 3 26 OCT 2023 4 Pumping Station Tributary Area Rev No. 3 26 OCT 2023 5 Storm System Drainage and Areas Rev No. 3 26 OCT 2023 6 Maverick Court 0+000 to 0+230 Rev No. 3 26 OCT 2023 7 Wall Street 0+00 to 0+358 Rev No. 3 26 OCT 2023 8 Storm Sewer Easements Page 1 Rev No. 3 26 OCT 2023 9 Storm Sewer Easements Page 2 Rev No. 3 26 OCT 2023 52 10 Stormwater Management Area Rev No. 3 26 OCT 2023 11 Sanitary Pumping Station Plan Block 41 Rev No. 2 18 JUL 2023 Future Phase 2 Construction 12 Sanitary Pumping Station Profile Block 41 Rev No. 2 18 JUL 2023 Future Phase 2 Construction 13 Sanitary Pumping Station Notes and Details Rev No.2 18 JUL 2023 Future Phase 2 Construction 14 Erosion and Sediment Control Plan Rev No. 3 26 OCT 2023 15 General Notes Page Rev No. 3 26 OCT 2023 16 Misc. Details Page Rev No. 3 26 OCT 2023 53 ADD SCHEDULE “E1” - Estimated Construction Costs & Securities - Phase 1 SCHEDULE “E2” - Estimated Construction Costs & Securities - Phase 2 SCHEDULE “E3” - Implementation Schedule – Phase 1 and Phase 2 20033 14-Aug-23 Security Estimate (Rev 1) - 18-Sept-23 Security Estimate (Rev 2) - 21-Sept-23 Security Estimate (Rev 3) - 3-Nov-23 UNIT PRICE TOTAL %$%$ 200mmø 540 m 175 94,500 70 66,150 1200mmø manholes 9 each 7,500 67,500 70 47,250 PDC's 39 each 1,500 58,500 70 40,950 Miscellaneous 1,500 70 1,050 $222,000 $222,000 $155,400 $0 600mmø 21 m 375 7,875 70 5,513 450mmø 322 m 235 75,670 70 52,969 300mmø 158 m 180 28,422 70 19,895 250mmø 97 m 175 16,975 70 11,883 PDC's 39 each 1,500 58,500 70 40,950 Single catchbasin 13 each 3,000 39,000 70 27,300 Double Catchbasin 2 each 5,000 10,000 70 7,000 1200mmø manhole 9 each 6,500 58,500 70 40,950 250mmø CB leads 30 m 100 3,000 70 2,100 300mmø CB leads 10 m 130 1,300 70 910 Miscellaneous 758 70 531 $300,000 $300,000 $210,000 $0 SANITARY FORCEMAIN (Maverick Court and Wall Street) Temproary Low flow forcemain (50mmø)75 m 100 7,500 70 5,250 100mmø 347 m 150 52,050 70 36,435 Miscellaneous 450 70 315 $60,000 $60,000 $42,000 $0 600ø headwall 1 each 20,000 20,000 70 14,000 1200 x 1200mm outlet control chamber 1 each 20,000 20,000 70 14,000 1000mm standpipe 1 each 12,000 12,000 70 8,400 300mmø 9 m 180 1,620 70 1,134 Dry Hydrant 1 l/s 10,000 10,000 70 7,000 Cable concrete mats 8 each 3,000 24,000 70 16,800 Fine grading 1 l/s 10,000 10,000 70 7,000 Landscaping 1 l/s 10,000 10,000 70 7,000 Allowance for Fire Protection Maintenance 1 l/s 15,000 15,000 100 15,000 Miscellaneous 1,380 70 966 $124,000 $124,000 $91,300 $0 Excavation, grading, excluding lot grading 1 l/s 15,000 15,000 70 10,500 Granular B (300mm thick) - MAVERICK COURT 650 m³40 26,000 70 18,200 Granular B (300mm thick) - WALL STREET 150 m³40 6,000 70 4,200 Granular A (100mm thick) - MAVERICK COURT 340 m³50 17,000 70 11,900 Granular A (100mm thick) - WALL STREET 60 m³50 3,000 70 2,100 Asphalt curb and gutter 9 m 40 360 100 360 Street Lights 5 each 4,000 20,000 100 20,000 Mountable curb and gutter - MAVERICK COURT 433 m 40 17,320 100 17,320 Mountable curb and gutter - WALL STREET 90 m 40 3,600 100 3,600 HL8 base asphalt (50mm thick) - MAVERICK COURT 280 tonnes 110 30,800 100 30,800 HL8 base asphalt (50mm thick) - WALL STREET 50 tonnes 110 5,500 100 5,500 Miscellaneous 1,420 100 1,420 $146,000 $146,000 $125,900 $0 Sidewalk - MAVERICK COURT 195 m2 50 9,750 100 9,750 Sidewalk - WALL STREET 70 m2 50 3,500 100 3,500 Catch Basin Adjustments 5 each 150 750 100 750 Manhole Adjustments 6 each 500 3,000 100 3,000 Milling - 200±m²1 l/s 2,500 2,500 100 2,500 Sweeping and tack coat - 2,050±m²1 l/s 2,500 2,500 100 2,500 HL3 Surface Asphalt (40mm thick) - MAVERICK COURT 225 tonnes 120 27,000 100 27,000 HL3 Surface Asphalt (40mm thick) - WALL STREET 40 tonnes 120 4,800 100 4,800 Miscellaneous 1,200 100 1,200 $55,000 $55,000 $55,000 $0 SUB-TOTAL CONSTRUCTION COSTS $907,000 $679,600 $0 TOTAL REQUIRED SECURITY $679,600 Supervision and contract administration (5%)46,000 Geotechnical Investigation and Testing (1.5%)14,000 Electrical Servicing - 13 Lots @ $5,000 65,000 Utility Co-ordination by CJDL 5,000 Contingency Allowance (10%)91,000 TOTAL PHASE 1 ESTIMATED COST $1,128,000 $1,128,000 The foregoing costs exclude: • Development charges; • HST; • Legal costs; • Utility conflicts and relocation; • Driveways; • Private Well Construction; • Grading, topsoil sod around units; • Landscaping, trees; and • Electrical service rebate. ROADWORK (YEAR ONE, MAVERICK COURT AND WALL STREET STUB) TOTAL ESTIMATED CONSTRUCTION COST FOR SANDYTOWN ROAD SUBDIVISION - PHASE 1 Cameron Cluett, P. Eng. CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, TILLSONBURG, ONTARIO. QUANTITY SANITARY SEWER (Maverick Court and Wall Street) STORM SEWER (Maverick Court and Wall Street) STORMWATER MANAGEMENT ROADWORK (YEAR TWO, MAVERICK COURT AND WALL STREET STUB) SECURITY ESTIMATE SCHEDULE 1 SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE MUNICIPALITY OF BAYHAM ESTIMATED CONSTRUCTION COSTS PHASE 1 (LOTS 1-13 FRONTING MAVERICK COURT, INCL. WALL STREET STUB) 100% PERFORMANCE MAINTENANCE 20033 14-Aug-23 Rev 1 - 21-Sept-23 (Security Estimate) Rev 2 - 3-Nov-23 UNIT PRICE TOTAL %$%$ SANITARY SEWAGE PUMPING STATION Pumping Station (wet well, valve chamber, appertenances)1l/s 400,000 400,000 70 280,000 Electrical Panel and SCADA Programming 1 l/s 100,000 100,000 70 70,000 Site Works 1 l/s 30,000 30,000 70 21,000 Miscellaneous 10,000 70 7,000 $540,000 $540,000 $378,000 $0 250mmø 80 m 175 14,000 70 9,800 300mmø 180 m 180 32,400 70 22,680 375mmø 131 m 210 27,426 70 19,198 450mmø 75 m 235 17,555 70 12,288 250mmø CB leads 30 m 100 3,000 70 2,100 300mmø CB leads 6 m 130 780 70 546 Single catchbasin 7 each 3,000 21,000 70 14,700 375mmø Headwall to SWM Pond 1 each 10,000 10,000 70 7,000 Miscellaneous 1,840 70 1,288 $128,000 $128,000 $89,600 $0 Excavation, grading, excluding lot grading 1 l/s 15,000 15,000 70 10,500 Granular B (300mm thick)900 m³40 36,000 70 25,200 Granular A (100mm thick)305 m³50 15,250 70 10,675 Mountable curb and gutter 580 m 40 23,200 100 23,200 Street Lights 5 each 4,000 20,000 100 20,000 HL8 base asphalt (50mm thick)300 tonnes 110 33,000 100 33,000 Miscellaneous 1,550 100 1,550 $144,000 $144,000 $124,125 $0 Sidewalk 423 m2 50 21,150 100 21,150 Catch Basin Adjustments 8 each 150 1,200 100 1,200 Manhole Adjustments 10 each 500 5,000 100 5,000 Milling - 200±m²1 l/s 2,500 2,500 100 2,500 Sweeping and tack coat - 2,220±m²1 l/s 2,500 2,500 100 2,500 HL3 Surface Asphalt (40mm thick)250 tonnes 120 30,000 100 30,000 Miscellaneous 2,650 100 2,650 $65,000 $65,000 $65,000 $0 SUB-TOTAL CONSTRUCTION COSTS $877,000 $656,725 $0 TOTAL REQUIRED SECURITY $656,725 Supervision and contract administration (5%)44,000 Geotechnical Investigation and Testing (1.5%)14,000 Electrical Servicing - 26 Lots @ $5,000 130,000 Utility Co-ordination by CJDL 5,000 Contingency Allowance (10%)88,000 TOTAL PHASE 2 ESTIMATED COST $1,158,000 $1,158,000 The foregoing costs exclude: • Development charges; • HST; • Legal costs; • Cost recovery to oversize pumping station; • Utility conflicts and relocation; • Driveways; • Private Well Construction; • Grading, topsoil sod around units; • Landscaping, trees; and • Electrical service rebate. SECURITY ESTIMATE 100% PERFORMANCE MAINTENANCE SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE MUNICIPALITY OF BAYHAM ESTIMATED CONSTRUCTION COSTS PHASE 2 (LOTS 14-39 FRONTING WALL STREET) SCHEDULE 2 ROADWORK (YEAR ONE, WALL STREET STUB TO STEWART ROAD) TOTAL ESTIMATED CONSTRUCTION COST FOR SANDYTOWN ROAD SUBDIVISION - PHASE 2 Cameron Cluett, P. Eng. CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, TILLSONBURG, ONTARIO. QUANTITY STORM SEWER (Lots 14-39 Rear Yards) ROADWORK (YEAR TWO, WALL STREET STUB TO STEWART ROAD) 20033 14-Aug-23 Rev 1 - 21-Sept-23 Rev 2 - 3-Nov-23 1 December 2023 2 Road Construction (Maverick Court and Wall Street Stub) - including Curbs, Granular A&B, Base Lift Asphalt February 2023 3 Utility Servicing (Maverick Court) - Hydro, Gas, Telephone, Cable TV March 2023 4 Sidewalks (Maverick Court and Wall Street Stub) 5 Street Lighting (Maverick Court)March 2023 6 Boulevard Restoration (Maverick Court) - including topsoil and sod 7 Top Lift Asphalt (Maverick Court)August 2025 8 Road Construction (Wall Street Stub to Stewart Road) - including Curbs, Granular A&B, Base Lift Asphalt July 2024 9 Sanitary Pumping Station (Wall Street)August 2024 10 Utility Servicing (Wall Street) - Hydro, Gas, Telephone, Cable TV September 2024 11 Sidewalks (Wall Street Stub to Stewart Road) 12 Street Lighting (Wall Street)September 2024 13 Boulevard Restoration (Wall Street) - including topsoil and sod 14 Top Lift Asphalt (Wall Street Stub to Stewart Road)August 2026 Completed after house construction (2025 - 2026) Completed after house construction (2025 - 2026) SCHEDULE 3 SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE MUNICIPALITY OF BAYHAM IMPLEMENTATION SCHEDULE PHASE 1 Underground Services - Sanitary Sewers, Storm Sewers, Forcemain, and SWM Pond on Maverick Court and Wall Street Completed after house construction (Late 2024 - 2025) Completed after house construction (Late 2024 - 2025) PHASE 2 20033 14-Aug-23 Rev 1 - 21-Sept-23 Rev 2 - 3-Nov-23 SCHEDULE 1 $1,128,000 SCHEDULE 2 $1,158,000 $2,286,000 SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE MUNICIPALITY OF BAYHAM ESTIMATED CONSTRUCTION COSTS SUMMARY OF SCHEDULES PHASE 1 Cameron Cluett, P. Eng. CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, TILLSONBURG, ONTARIO. PHASE 2 TOTAL ESTIMATED CONSTRUCTION COST REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: December 21, 2023 REPORT: DS-69/23 FILE NO. C-07 / D09.23MCLE Roll # 3401-000-004-05001 SUBJECT: Consent Application E7-24 McLeod, R 56557 Heritage Line, Straffordville BACKGROUND Consent application E7-24 was received from the Elgin County Land Division Committee, as submitted by Robert McLeod, proposing to sever a parcel located at 56557 Heritage Line, north side, East of Garner Road in the village of Straffordville. The applicant is requesting consent to sever approximate land area of 1880 m2 (0.46 acres) and to retain 3,978 m2 (0.98 acres) of land with the intent to create one (1) residential dwelling lot and to retain their existing dwelling. The subject land is designated “Residential” and on Schedule ‘B’ of the Official Plan and zoned Village Residential 1 (R1) on Schedule ‘F’ Straffordville of Zoning By-law No. Z456-2003. Elgin County Land Division Committee will consider the application on January 24, 2024. DISCUSSION The planner’s memorandum attached dated, December 13, 2023, analyzes the application subject to the Municipality of Bayham Official Plan and Zoning By-law. The standard conditions would include: engineered storm water management with drainage/grading plan for each parcel; civic numbering signage for the severed lot; survey; cash in lieu payment for the creation of a lot; and, the planning report fee. Other conditions apply regarding an independent access and building permits for an “unauthorized dwelling”. Staff and municipal planner recommend the support of the consent application for the creation of one residential dwelling lot fronting on Heritage Line in the village of Straffordville with the recommended conditions. Staff Report DS-69/23 McLeod 2 STRATEGIC PLAN Not Applicable. ATTACHMENTS 1. Consent Application E7-24 2. Aerial Map – 56557 Heritage Line 3. Arcadis Memorandum dated December 13, 2023 RECOMMENDATION THAT Report DS-69/23 regarding the Consent Application E7-24 McLeod be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E7-24 be granted subject to the following conditions and considerations: 1. Owner obtain a building permit for the existing “unauthorized” dwelling on the proposed severed lot 2. Owner obtain a permit to remove/decommission the existing “unauthorized” sewer lateral that extends to the existing “unauthorized” dwelling and that a permit be obtained to construct and connect a new independent sewer lateral connection to the municipal sanitary sewer in the Heritage Line public right-of-way for the proposed severed lot 3. Owner obtain an access permit from the County of Elgin to create a new independent access from Heritage Line to the proposed severed lot, or, if an independent access is not supported by the County of Elgin, the applicant/owner establishes an access easement over the existing portion of driveway on the retained lot in favour of the severed lot in order to provided future access to the owner of the proposed severed lot. 4. Engineered storm water management, drainage/grading plan for each parcel to demonstrate that each will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality 5. Payment of Cash in Lieu of Parkland Dedication fee as required in Municipal By-law No. 2020-053 6. Provide a digital copy of the registered plan of survey of the subject land 7. Planning Report fee due and payable to the Municipality upon consent approval 8. Purchase of a civic number sign for the severed lot from the Municipality Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator|Deputy Clerk Chief Administrative Officer © Latitude Geographics Group Ltd. 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.1 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.030 1:1,102 56557 Heritage Line Elgin County Parcels E911 Boundary Elgin Road Network Elgin Road Network Elgin Road Network Lagoons World Imagery 101-410 Albert Street Waterloo, ON, N2L 3V3 Memorandum To/Attention Municipality of Bayham Date December 13, 2023 From Christian Tsimenidis, BES Project No 3404 - 924 cc William Pol, MCIP, RPP Subject Robert McLeod - 56557 Heritage Line, Straffordville - Application for Consent E7-24 Background and Summary 1. We have completed our review of Consent Application E7-24 submitted by Robert McLeod (“owner” and/or “applicant”) for the property identified as 56557 Heritage Line, south side, east of Garner Road in the Village of Straffordville. The applicant is requesting Consent to sever an approximate land area of 1,880 square metres (0.46 acres) and to retain 3,978 square metres (0.98 acres) of land. The intent is to create one (1) new residential lot. 2. The proposed severed parcel has a lot frontage of 28.49 metres (93.47 feet) and lot depth of 61.27 metres (201 feet) to accommodate the existing dwelling and one (1) accessory shed on the proposed severed lot. As per the applicant’s Severance Sketch, this existing dwelling is identified as a “1-storey brick house”. Upon further review, it is our understanding that this existing dwelling on the proposed severed lot was previously a garage/shop that was converted into a dwelling by the owner/applicant, and that a Building Permit was not obtained by the owner to complete this work according to Bayham’s records. Further, the Municipality’s tax program only identifies a total of one (1) dwelling on the subject property, not two (2) dwellings as they exist today. As a Condition of Approval, noted further in this Memo, the applicant is required to obtain a Building Permit for this existing “unauthorized” dwelling on the proposed severed lot. 3. The proposed retained parcel has an estimated lot frontage of 64.4 metres (211.3 feet) and lot depth of roughly 66.28 metres (217.5 feet) to accommodate the existing single-detached dwelling and two (2) accessory sheds. 4. The existing driveway access off Heritage Line is proposed for the retained and severed lots. As per the Severance Sketch submitted by the applicant, the existing access would cross the proposed retained lot and enter the proposed severed lot from the western side. As a Condition of Approval, the applicant/owner would be required to obtain an access permit from the County of Elgin to create a new independent access off Heritage Line for the proposed severed lot. If a proposed new ARCADIS MEMORANDUM Municipality of Bayham – December 13, 2023 2 access is not supported by Elgin County, the applicant/owner would then be required to establish an access easement over the existing portion of driveway on the retained lot in favour of the severed lot in order to provide future access to the owner of the proposed severed lot. 5. The subject lands are currently serviced by private well and municipal sewer services. The proposed retained lot would continue to utilize the existing private well and municipal sewer service connection located on the retained lands. The proposed severed lot would continue to utilize an existing private well located on the severed lot, however, upon further review of the Severance Sketch provided by the applicant, an existing sewer lateral extension is diverted from the proposed retained lot and is currently servicing the existing “unauthorized” dwelling. Municipal Staff noted that a permit was not obtained, nor an inspection was completed for this existing sewer lateral extension that currently diverts into the existing “unauthorized” dwelling. Further, the existing “unauthorized” sewer lateral extension would cross the retained lot and enter the proposed severed lot from the western side. Independent municipal services are required for the creation of a new lot. As a Condition of Approval, noted further in this Memo, the applicant would be required to obtain a permit to remove/decommission the existing “unauthorized” sewer lateral extension, and to install/construct a new independent sewer lateral from the road to the proposed severed lot. 6. The subject property is designated as a ‘Residential’ land use as per Schedule ‘B’ of the Municipality of Bayham Official Plan and is zoned Village Residential 1 (R1) on Schedule ‘F’ of Zoning By-law Z456-2003. 7. The subject property is surrounded by low-rise residential uses along Heritage Line to the north, east and west, being located within the Village of Straffordville. The rear property line of the subject property is the border between the Village of Straffordville and rural area. Therefore, the subject property is adjacent to existing agricultural lands to the south. Municipality of Bayham Official Plan 8. Section 4.2.2.1 of the Municipality of Bayham Official Plan provides direction with respect to ‘General Policies Applicable to all Settlement Areas’, specifically residential uses. As such, this policy of the Official Plan encourages new residential development within existing settlement areas, like the Village of Straffordville, by filling in the vacant areas and locating new residential development adjacent to existing built-up areas in a compact and contiguous fashion. Further, Section 4.2.4 of the Official Plan provides further direction with respect to the ‘Intensification and Redevelopment’ within settlement area boundaries on vacant or underutilized sites in order to efficiently utilize designated settlement area land and available municipal services. ARCADIS MEMORANDUM Municipality of Bayham – December 13, 2023 3 Comment: It is Staff’s opinion that the creation of one (1) new residential lot within the existing Village of Straffordville makes efficient use of underutilized lands and existing municipal sewer services and is in conformity with the Official Plan general residential policies. 9. Section 4.5.1.1 of the Official Plan provides general policy direction with respect to “Villages” in the Municipality of Bayham, such as the Village of Straffordville. As such, for public health and safety purposes, all proposed development within the Village of Straffordville shall require proof of potable water by the Municipality, and will be restricted to infilling until such time as municipal water becomes available. Comment: The applicant provided documentation with respect to the existing wells on-site, one (1) on the proposed retained lot and one (1) on the proposed severed lot. The existing wells provide potable water, as per the information provided by the applicant and is therefore in conformity with the above noted Official Plan policy. 10. Section 4.5.2 of the Official Plan, pertaining to the ‘Residential’ land use designation in Villages, states that the primary use of land in settlement areas is intended for single-detached dwellings or other low-density types of dwellings. Further, Section 4.5.2.1 indicates that proposals for new dwelling lots should target a gross density of 20 units per hectare (uph) and shall be serviced with municipal sewer and water. Comment: The proposed severed and retained lots are intended to support single- detached dwellings, which are permitted and encouraged within the ‘Residential’ land use designation. It is Staff’s opinion that the proposed density and lot sizes will make efficient use of underutilized lands in the existing settlement area boundary, as well as the existing municipal sewer services. The Village of Straffordville currently does not have municipal water services, therefore, the applicant is providing private wells, one (1) for each of lot. Therefore, it is Staff’s opinion that the proposed severance is in conformity with Section 4.5.2.1 of the Official Plan. 11. Section 4.5.2.8 of the Official Plan provides the following criteria regarding proposals for new single unit and two unit dwellings in the ‘Residential’ land use designation: a) Lot frontage, depth and size: The lot frontage, lot depth, and lot size of any lots proposed to be used or created for residential purposes shall be appropriate to the development being proposed and consistent, wherever desirable and feasible, to adjacent and surrounding lots. In no case shall lots be created or dwelling units constructed which do not conform to the provisions of the Zoning By-law unless the By-law is otherwise amended or a variance granted. Comment: The proposed lot frontage, depth, and size of the proposed severed and retained lot are consistent with the surrounding residential parcels along Heritage Line. The proposed lots would meet the minimum lot area and lot frontage requirements outlined in the Municipality of Bayham Zoning By-law. ARCADIS MEMORANDUM Municipality of Bayham – December 13, 2023 4 b) Natural Features: Natural site features including vegetation, tree cover, and topography shall be protected, enhanced, and incorporated into the design of the proposed development to the greatest extent possible. Comment: There are no sensitive natural features identified on the subject property, as per the Official Plan Schedules. c) Design: Innovative housing design and site layout including energy-saving measures will be encouraged. To achieve energy savings, particular regard shall be had to building form and size, density, lot and building orientation, and on-site landscaping. Comment: The applicant intends to sever the subject property and utilize the existing single-detached dwelling on the proposed retained lot and the “unauthorized” dwelling on the proposed severed lot. As such, the existing dwellings on the subject property would remain as they exist today. Notwithstanding this, the applicant is required to obtain a Building Permit for the “unauthorized” dwelling on the proposed severed lot. d) Open space: Open space including parkland shall be provided in accordance with the policies of Section 4.5.8. Comment: Parkland dedication in accordance with the municipal Parkland By- law will be required as a Condition of Approval. e) Adjacent and surrounding land use: The proposed development shall be compatible with existing (or proposed) neighbouring land uses. Where necessary or desirable, the proposed development shall be adequately screened from adjacent land uses by the provision of landscaping and/or buffering. Comment: The existing single-detached dwelling on the proposed retained lot and the “unauthorized” dwelling on the proposed severed lot (subject to the applicant obtaining a Building Permit as per the Condition of Approval) are consistent in built-form and use with the adjacent low-rise residential uses along Heritage Line. f) Facilities and services: Existing or proposed municipal services (including potable water supply, sanitary sewage treatment and disposal, solid waste disposal, storm and surface drainage, roads, sidewalks, and street lighting) shall be adequate to serve the proposed development. If these services or facilities are deemed inadequate, the Municipality may require that an agreement be entered into with the developer as to the design and cost apportionment of any public works required to bring these services or facilities up to the appropriate standard. ARCADIS MEMORANDUM Municipality of Bayham – December 13, 2023 5 Comment: As mentioned in Paragraph 5 of this Memo, the proposed retained lot would continue to utilize the existing municipal sewer service connection located. As for the proposed severed lot, it is our understanding that an existing sewer lateral extension is diverted from the proposed retained lot and is currently servicing the existing “unauthorized” dwelling. Municipal Staff noted that a permit was not obtained, nor an inspection was completed for this existing sewer lateral extension that currently diverts into the existing “unauthorized” dwelling. Further, the existing “unauthorized” sewer lateral extension would cross the retained lot and enter the proposed severed lot from the western side. Independent municipal services are required for the creation of a new lot. As a Condition of Approval, the applicant would be required to obtain a permit to remove/decommission the existing “unauthorized” sewer lateral extension, and to install/construct a new independent sewer lateral from Heritage Line to the proposed severed lot. g) Storm drainage: Adequate provision for stormwater management/drainage and surface runoff subject to the requirements of the Municipality, and the statutory approval authority having jurisdiction, shall be provided. Where in the opinion of the Municipality it is deemed necessary or desirable, the Municipality may require the submission of a grading plan and/or stormwater management plan to ensure surface water runoff does not adversely affect neighbouring properties or receiving watercourses. Comment: The applicant/owner is responsible for adequate provision of stormwater management/drainage and surface runoff subject to the requirements of the Municipality, including the submission of a grading plan and/or stormwater management plan to ensure surface water runoff does not adversely affect neighbouring properties or receiving watercourses. h) Vehicular access: Vehicular access shall be available or made available from a public highway or public street of reasonable construction and maintenance to permit year round access and shall be subject to the approval of the authority(ies) having jurisdiction. In no case shall access be permitted where traffic hazards could result due to poor sight lines or proximity to a traffic intersection. In new residential subdivisions, the use of a curvilinear street pattern, cul-de-sacs, and other similar design features to minimize through traffic movements shall be encouraged. Comment: It is our opinion that the existing access off Heritage Line would not have adverse impact to traffic safety. As mentioned in Paragraph 4 of this Memo, the existing driveway access off Heritage Line is proposed for the retained and severed lots. As per the Severance Sketch submitted by the applicant, the existing access would cross the proposed retained lot and enter the proposed severed lot from the western side. As a Condition of Approval, the ARCADIS MEMORANDUM Municipality of Bayham – December 13, 2023 6 applicant/owner would be required to obtain an access permit from the County of Elgin to create a new independent access off Heritage Line for the proposed severed lot, or, if not supported by County of Elgin, an access easement be established over the existing portion of driveway on the retained lot in favour of the proposed severed lot. i) The Planning Act: In the case of a residential subdivision, all matters contained within Section 50 and 51 of the Planning Act as amended or revised from time to time shall be complied with. Comment: The applicant is not proposing a residential subdivision. Based on the above, the proposed Consent Application is in conformity with the criteria listed in Section 4.5.2.8 of the Official Plan. Municipality of Bayham Zoning By-law 12. The subject lands are located within the Village Residential (R1) Zone as per the Schedule ‘F’ of the Municipality of Bayham Zoning By-law Z456-2003. As per Section 10.1 of the Zoning By-law, the existing single-detached dwelling on the proposed retained lot is considered a permitted use. The proposed dwelling (which is currently unauthorized and requires a Building Permit) would also be considered a permitted use on the proposed severed lot. 13. Both the proposed severed and retained lots would meet the required minimum lot area of 900 m2 (where sewer services are available) and minimum lot frontage of 20 metres (for partially serviced lots). The configuration of the proposed severed and retained lots are adequate to accommodate the single-detached dwellings and would comply with the regulations of the R1 zone, as the buildings/structures exist today. Conclusion and Recommendations 14. Based on the above review of Consent Application E7-24, we have no objection to approval of the proposed consent subject to the following conditions: a) That the owner obtains a Building Permit for the existing “unauthorized” dwelling on the proposed severed lot. b) That the owner obtains a permit to remove/decommission the existing “unauthorized” sewer lateral that extends to the existing “unauthorized” dwelling, and that a new independant sewer lateral be constructed and connected from the sanitary sewer line in the Heritage Line public right-of-way to the proposed severed lot. c) That the owner obtains an access permit from the County of Elgin to create a new independent access from Heritage Line to the proposed severed lot, or, if an independent access is not supported by the County of Elgin, the applicant/owner establishes an access easement over the existing portion of ARCADIS MEMORANDUM Municipality of Bayham – December 13, 2023 7 driveway on the retained lot in favour of the severed lot in order to provide future access to the owner of the proposed severed lot. d) That the owner provides an engineered grading and storm water management plan for each parcel to demonstrate that each will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality of Bayham. e) That the owner pay fees as required in Municipal By-law No. 2020 – 053 Cash- in-lieu of Parkland. f) That the owner provides a digital copy of a survey of the subject lands. g) That the owner applies and pay’s all fees to the Municipality with respect to Civic Addressing/signage for the severed lot. h) That the owner provides a Planning Report Fee payable to the Municipality of Bayham. Christian Tsimenidis Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: December 21, 2023 REPORT: DS-70/23 FILE NO. C-07 / D09.23CHR Roll # 3401-000-002-16800 SUBJECT: Consent Application E8-24 CHR Farms Ltd. 56573 Calton Line BACKGROUND Consent application E8-24 was received from the Elgin County Land Division Committee, as submitted by Appointed Agent Jesse Froese, on behalf of CHR Farms Ltd., proposing to sever 0.4 ha (1.0 acres) of land and to retain 40.8 ha (100.8 acres). The intent is to create a rural residential parcel containing an existing dwelling considered by the owner to be surplus to the farm operation. The property is known as 56573 Calton Line. The subject land is designated “Agriculture” “Natural Heritage” and “Natural Gas Reservoir” on Schedule ‘A1’: Land Use and “Hazard Lands” and “Significant Woodlands” and there is an “Existing Petroleum Well” identified on Schedule A2: Constraints of the Official Plan. The lands are zoned Site-specific Agricultural (A1-A-34) and portions of LPRCA Regulation Limit on Schedule ‘A1’ Map No. 11 of the Zoning By-law No. Z456-2003. Elgin County Land Division Committee will consider the applications on January 24, 2024. DISCUSSION The planner’s memorandum, dated December 13, 2023, analyzes the application subject to the Provincial Policy Statement, Elgin County Official Plan, Municipality of Bayham Official Plan, and Zoning By-law. The retained portion of the lands contains three (3) supplementary farm dwellings in portions of the two (2) existing permanent buildings to accommodate up to a maximum of 24 seasonal farm labourers. The supplementary farm dwellings were recognized through a previous zoning By- law Amendment (Z704-2020) with a Development Agreement. The Development Agreement will need to be revised to ensure it is up-to-date with the proposed severance. Staff are concerned with the shared hydro services crossing future property lines. A condition regarding the hydro services is included and the Owner will have to discuss and coordinate with Hydro One to address the situation. Site-specific rezoning of both the severed and retained Staff Report DS-70/23 CHR Farms 2 lands is required to satisfy the Official Plan policies for the severance of a surplus farm dwelling. Listed standard conditions include: civic numbering signage for the retained lands, survey, and planning report fee. Staff and municipal planner recommend the support of the consent application for the creation of one residential parcel for a surplus farm dwelling with the recommended conditions. ATTACHMENTS 1. Consent Application E8-24 2. Aerial Map – 56573 Calton Line 3. IBI Group Memorandum, dated December 13, 2023 RECOMMENDATION THAT Report DS-70/23 regarding the Consent Application E8-24 CHR Farms Ltd. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E8-24 be granted subject to the following conditions and considerations: 1. Rezoning of the severed parcel from Agricultural (A1-A-34) zone to a Site- specific Rural Residential (RR-XX) Zone to include a Rear Yard Depth of 3.8 metres from the existing garage to remain 2. Rezoning of the retained lands from Agricultural (A1-A-34) zone to a Special Agricultural (A2-XX) zone to prohibit new dwellings, recognize and permit a maximum of three (3) supplementary farm dwellings in portions of the two (2) existing buildings to accommodate seasonal farm labourers, as well as, permit a minimum Side Yard Depth of 7.2 metres and prohibit any new supplementary farm dwellings 3. Owner obtain confirmation from Hydro One regarding the provision of hydro services, specifically whether new independent hydro servicing is required for each lot, or, alternatively, if Hydro One determines that maintenance easements are required over the existing hydro servicing on the severed and retained lots, the Owner provide confirmation of such easements to the Municipality 4. Owner provides written confirmation from a licensed well installer that a well is installed on the severed parcel to service the existing dwelling and provide the water quantity and water quality testing for nitrates and bacteria for both the severed and retained wells meeting provincial standards for potable water 5. The Development Agreement between the owners and the Municipality associated with Zoning By-law Z704-2020 for the supplementary farm dwellings be revised where necessary to ensure it is up to date with the applicable fee paid to the Municipality 6. Planning Report fee due and payable to the Municipality upon consent approval 7. Digital copy of the registered plan of survey 8. Purchase of civic number sign for the retained parcel Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator|Deputy Clerk Chief Administrative Officer © Latitude Geographics Group Ltd. 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.1 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.060 1:2,204 56573 Calton Line Elgin County Parcels E911 Boundary Elgin Road Network Elgin Road Network Elgin Road Network Lagoons World Imagery 101-410 Albert Street Waterloo, ON, N2L 3V3 Memorandum To/Attention Municipality of Bayham Date December 13, 2023 From Christian Tsimenidis, BES Project No 3404-925 cc William Pol, MCIP, RPP Subject CHR Farms Ltd. – 56573 Calton Line – Application for Consent E8-24 Summary and Background 1. We have completed our review of Consent Application E8-24, submitted by Jesse Froese on behalf of CHR Farms Ltd. (hereafter “owner” or “applicant”) for the lands located at 56573 Calton Line, south side of Calton Line, east of Plank Road. The applicant is requesting consent for severance of 0.4 ha (1.0 acres) of land and to retain approximately 40.8 ha. (100.8 acres) of land. The intent is to create a residential lot containing an existing dwelling surplus to the needs of the farm operation. 2. The proposed severed parcel has a lot frontage of 82.9 metres (271.9 feet) and lot depth of 70.1 metres (230.1 feet) to accommodate the existing single-detached dwelling, existing two (2) accessory sheds and accessory garage. There is an existing driveway access to the proposed severed lot that would remain as it exists today. 3. The proposed retained parcel has an estimated lot frontage of 336.1 metres (1,102.6 feet) and lot depth of roughly 993.5 metres (3,259.5 feet) to accommodate the existing agricultural operations. The proposed retained lot will also feature an existing barn that contains a supplementary farm dwelling or ‘Bunkhouse’, as well as an additional bunkhouse containing two (2) supplementary farm dwellings. A total of three (3) supplementary farm dwellings would remain on the proposed retained lot. It is important to note that a previous Zoning By-law Amendment (Z704-2020) was approved on the subject property with respect to the existing barn and bunkhouse, permitting a maximum of three (3) supplementary farm dwellings in portions of the two (2) existing buildings to accommodate seasonal farm labourers. The applicant did not indicate the capacity of the bunkhouses in this Consent Application. There is also an existing driveway access to the proposed retained lot that would remain as it exists today. ARCADIS MEMORANDUM Municipality of BayhamMunicipality of Bayham – December 13, 2023 2 4. The lands are designated as ‘Agriculture’, ‘Natural Heritage’ and ‘Natural Gas Reservoir’ on Schedule A1: Land Use; and ‘Hazard Lands’ and ‘Significant Woodlands’ and there is an ‘Existing Petroleum Well’ identified on Schedule A2: Constraints, in the Municipality of Bayham Official Plan (Bayham OP). The lands are zoned Agricultural (A1-A-34) with a Site-Specific Exception, as noted previously, and portions on the subject lands are within the ‘LPRCA Regulation Limit’ on Schedule A Map No. 11 in Zoning By-law Z456-2003. 5. Surrounding uses are agricultural in all directions. Industrial uses are located immediately north of the subject lands across Calton Line, which are identified as ‘Max Underhill's Farm Supply Ltd.’ (farm equipment supplier) and ‘Froese Vegetable Inc.’ (vegetable wholesale). The subject lands and surrounding area to the south are traversed by woodlands. 6. It is understood there is an existing Development Agreement for supplementary farm dwellings with the Municipality. As a Condition of Approval, the Development Agreement for supplementary farm dwellings between the owners and the Municipality should be revised, where necessary, to ensure it is up-to-date. 7. The subject lands are traversed by existing overhead hydro poles and lines that power the existing single-detached dwelling and garage on the proposed severed lot, as well as the existing bunkhouse and barn/bunkhouse on the proposed retained lot. As such, given that the existing overhead hydro lines would traverse the proposed severed and retained lot property lines from multiple points, it is our opinion that either new independent hydro servicing to each proposed lot should be implemented, or alternatively, maintenance easements over these existing hydro poles and lines to ensure there are no future maintenance issues or disputes between the severed lot owner and retained lot owner. Staff did not receive a response/confirmation from Hydro One regarding the provision of hydro servicing to the proposed severed and retained lots at the time this Memo was prepared. As such, please refer to the Conditions of Approval in this Memo for further details. Provincial Policy Statement 8. The Provincial Policy Statement (hereafter, “PPS”) provides policy direction with respect to Lot Creation and Lot Adjustments in prime agricultural areas for surplus farm dwelling severances. Section 2.3.4.1.c) of the PPS reads as follows: 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: c) a residence surplus to a farming operation as a result of farm consolidation, provided that: ARCADIS MEMORANDUM Municipality of BayhamMunicipality of Bayham – December 13, 2023 3 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and Comment: The proposed severed lot is no larger than necessary to meet the minimum size needed to accommodate existing septic system and has adequate servicing according to the documentation provided by the applicant. The applicant, however, has stated that a private well is required for the proposed severed lot, as there is no existing well on the proposed severed lot. Further, no documentation pertaining to the quantity and quality of water for the existing well on the proposed retained lot was provided. Therefore, as a Condition of Approval, Staff are requesting that the owner provides written confirmation from a licensed well installer that the private wells on both the retained and severed lot provides the quality and quantity of potable water required by Provincial standards, and that the owner provides a water quality test by the applicable public health unit for the private wells on both the retained and severed lot. 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective; and Comment: As per Paragraph 15, The applicant is required to rezone the retained lot from A1-A-34 to A2-XX in order to prohibit the development of a future residential dwelling. Therefore, it is our opinion that the proposed consent is consistent with the PPS, subject to the Conditions of Approval listed below. Elgin County Official Plan 9. In the Elgin County Official Plan (hereafter, ‘Elgin OP’), policies for Consent and Lot Creation on Lands in the Agricultural Area are found in Section E1.2.3 (New Lots by Consent). Section E1.2.3 indicates that proposals for Consent shall be in conformity with the relevant policies in the Elgin OP, the local Official Plan and the provisions of the Planning Act. Elgin County OP Section E1.2.3.1 provides further direction with respect to the general criteria that consent applications shall address as follows: ARCADIS MEMORANDUM Municipality of BayhamMunicipality of Bayham – December 13, 2023 4 Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Prior to issuing provisional consent for a new lot for any purpose, the approval authority shall be satisfied that the lot to be retained and the lot to be severed: a) Fronts on and will be directly accessed by a public road that is maintained on a year-round basis; Comment: The proposed severed and retained lots have adequate frontage on Calton Line. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County permits a request for access; Comment: Calton Line is identified as a County Road. There are two (2) existing accesses on the subject property, one (1) to the proposed retained lot and one (1) to the proposed severed lot. The applicant will utilize the existing accesses for the proposed severed and retained lots. c) will not cause a traffic hazard; Comment: The proposed severance will not cause a traffic hazard, as the existing accesses to the dwelling and agricultural operations will remain unaltered as they exist today. d) has adequate size and frontage for the proposed use in accordance with the local municipal Zoning By-law; Comment: The proposed severed and retained lots will meet the minimum lot area and frontage requirements in the Bayham Zoning By-law for the future RR and A2 Zone. e) notwithstanding d) above, where a zoning by-law amendment or minor variance is required, approval of such amendment or variance shall be included as a condition of the approval of the consent; Comment: As a Condition of Approval, the applicant is required to rezone the proposed severed and retained lots. Please see Paragraphs 14 and 15 of this Memo below. f) can be serviced with an appropriate water supply and means of sewage disposal, provided there is confirmation of sufficient reserve sewage system capacity and reserve water system capacity within municipal sewage services and municipal water services; Comment: The owner/applicant provided supporting private septic servicing information as part of the application submission, stating that the existing septic system is in adequate condition for the proposed severed lot. The applicant, however, has stated that a private well is required for the ARCADIS MEMORANDUM Municipality of BayhamMunicipality of Bayham – December 13, 2023 5 proposed severed lot, as there is no existing well on the proposed severed lot. Further, no documentation pertaining to the quantity and quality of water for the existing well on the proposed retained lot was provided. Therefore, as a Condition of Approval, Staff are requesting that the owner provides written confirmation from a licensed well installer that the private wells on both the retained and severed lot provides the quality and quantity of potable water required by Provincial standards, and that the owner provides a water quality test by the applicable public health unit for the private wells on both the retained and severed lot. g) will not have a negative impact on the drainage patterns in the area; Comment: There are no significant physical changes to the lands proposed, therefore, no negative impacts to drainage patterns are anticipated. h) will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Comment: The proposed consent will not restrict the development of the retained lands (or other parcels), as the existing accesses will remain unaltered. i) will not have a negative impact on the significant features and functions of any natural heritage feature; in this regard, lots should be restricted in size in order to conserve other lands in larger blocks for natural heritage purposes; Comment: The proposed severed lot is located outside of the natural heritage features that traverse the subject property. The natural heritage features are within the proposed retained lot, which will remain unaltered as a permitted use for agricultural operations. j) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Comment: The applicant has stated that a private well is required for the proposed severed lot, as there is no existing well on the proposed severed lot. No documentation pertaining to the quantity and quality of water for the existing well on the proposed retained lot was provided. Therefore, as a Condition of Approval, Staff are requesting that the owner provides written confirmation from a licensed well installer that the private wells on both the retained and severed lot provides the quality and quantity of potable water required by Provincial standards, and that the owner ARCADIS MEMORANDUM Municipality of BayhamMunicipality of Bayham – December 13, 2023 6 provides a water quality test by the applicable public health unit for the private wells on both the retained and severed lot. k) will not have an adverse effect on natural hazard processes such as flooding and erosion; Comment: The proposed severance does not propose any significant physical changes to the subject lands, as many of the existing buildings/structures and agricultural operations will remain as they exist today. Therefore, no adverse impacts are anticipated. l) conform with the local Official Plan; and, Comment: The proposed severance will conform to the Bayham Official Plan. Please see Paragraphs 10 to 13 of this Memo below for details. m) will conform to Section 51 (24) of the Planning Act, as amended. Comment: Section 51(24) of the Planning Act pertains to the consideration of a Draft Plan of Subdivision. Therefore, it is our opinion that the proposed Consent Application conforms to the Elgin OP, subject to the Conditions of Approval listed below. Municipality of Bayham Official Plan 10. The Municipality of Bayham Official Plan Section 2.1.7.1 indicates that “farm consolidation shall mean the acquisition of additional farm parcels to be operated as one farm operation”. There are several policies within Section 2.7.1, which are listed as follows: In the opinion of Municipal Council, a land use conflict shall not be created with agricultural operations or other existing land uses in the immediate area of the subject lands; Comment: It is our opinion that the proposed consent will not result in land use conflicts. The existing single-detached dwelling to be severed as a surplus farm dwelling and existing agricultural operation to be retained will remain as they exist today. The existing bunkhouse to the east on the proposed retained lot will be screened by the existing barn/bunkhouse. It is further understood that there are no livestock within proximity of the existing single-detached dwelling and bunkhouses, thus minimizing land use conflict. Where a farm parcel with more than one existing dwelling is being consolidated into a farm operation, only one dwelling may be severed from that farm parcel, and no more than one severance of a surplus dwelling shall be allowed from an original farm parcel regardless of changes in boundary or ownership; ARCADIS MEMORANDUM Municipality of BayhamMunicipality of Bayham – December 13, 2023 7 Comment: The proposed consent only contemplates the severance of one (1) surplus farm dwelling as a result of farm consolidation. A minimum of one existing dwelling within the Municipality of Bayham must be retained by the proponent farm operation, or a registered owner of the proponent farm operation. Comment: The owner/applicant owns a minimum of one (1) existing dwelling within the Municipality of Bayham. 11. Sections 2.1.7.2 and 2.1.7.2 of the Bayham Official Plan provides consideration for the approval and requirements of severances for surplus farm dwellings as follows: 2.1.7.2 The severed lot with the surplus farm dwelling shall: a) Be no larger than is necessary to support a private sanitary sewage treatment and disposal system as determined by the appropriate approval authority, and be serviced by a potable water supply; Comment: The proposed severed lot is no larger than necessary to support existing sanitary servicing, however, the applicant has stated that a private well is required for the proposed severed lot, as there is no existing well on the proposed severed lot. Therefore, as a Condition of Approval, Staff are requesting that the owner provides written confirmation from a licensed well installer that the private well on the proposed severed lot provides the quality and quantity of potable water required by Provincial standards, and that the owner provides a water quality test by the applicable public health unit for the private well on the proposed severed lot. b) Meet the provisions of the MDS 1 for livestock facilities and manure storage facilities on the proposed retained lands; and, Comment: It is understood there are no livestock operations identified in the immediate area warranting MDS concerns. c) Be rezoned in a Rural Residential Zone in the Zoning By-law of the Municipality of Bayham Comment: As detailed further in Paragraph 14 of this Memo below, the applicant is required to rezone the proposed severed lot from A1-A-34 to RR-XX with a Site-Specific Exception to permit a Rear Yard Depth of 3.8 metres. 2.1.7.3 The severed lot with the surplus farm dwelling may: ARCADIS MEMORANDUM Municipality of BayhamMunicipality of Bayham – December 13, 2023 8 a) Include accessory buildings and structures if in the opinion of Municipal Council a land use conflict will not be created; and, Comment: The existing two (2) sheds and garage on the proposed severed lot will remain as they exist today. It is Staff’s opinion that these existing accessory buildings to remain on the proposed severed lot will not create a land use conflict. b) Include accessory buildings and structures where the property has been rezoned to prohibit the keeping of livestock Comment: The applicant is not including accessory buildings and structures on the proposed severed lot for the keeping of livestock. The keeping of livestock on the proposed severed lot is prohibited in the RR Zone. 12. Section 2.1.7.4 of the Bayham Official Plan provides additional consideration for the approval and requirements of the retained agricultural lands as follows: a) Depending on the current zoning and lot size, meet the provisions of the Agricultural (A1 / A1-A) Zone regulations of the Zoning By-law of the Municipality of Bayham; and, Comment: The proposed retained lot will meet the minimum lot area and lot frontage requirements of the A2 Zone, as the applicant will be required to rezone the proposed retained lot from A1-A-34 to a Site-Specific A2-XX Zone. b) Be rezoned to prohibit the placement, development, or establishment of any additional type or form of residential dwelling units thereon, regardless of changes in property boundary or ownership. Comment: As noted above and in Paragraph 15 of this Memo below, the applicant is required to rezone the retained lot from A1-A-34 to A2 in order to prohibit the development of a future residential dwelling. A Specific Exception to the proposed A2-XX Zone would be required to recognize this existing supplementary farm dwellings constructed prior to the passing of the future By-law. 13. Section 2.1.10 (Supplementary Farm Dwellings) of the Official Plan sets out policies for the need, location, size and type, services, and vehicular access for this form of intended land use. The original intent of this policy is to allow supplementary farm labour to be accommodated on the same farmland on which the labour would be employed. Having the accommodations on the cultivation lands provides the greatest efficiency for location of the labour and maintenance of the accommodations for the owner of the farm. Establishment of supplementary farm dwellings will be: ARCADIS MEMORANDUM Municipality of BayhamMunicipality of Bayham – December 13, 2023 9 a) Need: Sufficient information must be provided which outlines how the type, scale, and/or size of the farm operation warrant the need for a supplementary farm dwelling; Comment: It is understood that the existing farm operation requires the need for seasonal farm labourers, therefore, the existing bunkhouse dwellings are required to provide seasonal accommodation. b) Existing dwellings: Sufficient justification must be provided to show how any existing supplementary farm dwellings that are part of the farming operation can’t satisfy the housing needs of the farming operation; Comment: No additional supplementary farm dwellings are being proposed by the applicant, as it is understood that the existing bunkhouses are necessary to satisfy the needs for the farming operations and provide seasonal accommodation for farm labourers based on the operation’s current demands. c) Location: Sufficient justification must be provided to show how the location of the supplementary farm dwelling makes efficient use of existing services and infrastructure and how the location will not impact surrounding land uses. Preference will be given to close proximity to principal farm dwellings and the use of natural landscaping to buffer temporary dwellings from surrounding land uses; Comment: The existing bunkhouses on the proposed retained lot for agricultural operations is located in proximity of the existing driveway access and farm operations. It is our opinion that the existing location of the bunkhouses will not have adverse impacts to the surrounding land use, as it is an existing use. d) Size and type: The supplementary farm dwelling unit is of a minimum size and type that can accommodate both health unit and building code requirements, and shall be no larger than necessary to accommodate the needs of the temporary farm help residing in the dwelling. Preference will be given to temporary dwellings, or alternatively permanent dwellings that are one storey in height with a maximum floor area of approximately 167m² (1,800 ft2). Comment: It is understood that the existing bunkhouse and barn/bunkhouse provides the minimum size required for the seasonal farm labourers. To ensure the existing bunkhouse can accommodate both public health and safety, as a Condition of Approval, Staff are requesting that existing Development Agreement for the supplementary farm dwellings between the owners and the Municipality should be revised where necessary to ensure it is up-to-date. ARCADIS MEMORANDUM Municipality of BayhamMunicipality of Bayham – December 13, 2023 10 e) Services: The supplementary farm dwelling must demonstrate an adequate supply of potable water and sanitary sewage disposal system to the satisfaction of the Municipality. Preference will be given to dwellings which can make use of existing services; and, Comment: It is understood that the existing bunkhouses currently utilize private septic and private water servicing and will continue to do so. As a Condition of Approval, the applicant is required to provide written confirmation from a licensed well installer that the private well on the retained lot provides the quality and quantity of potable water required by Provincial standards, and that the owner provides a water quality test by the applicable public health unit for the private well on the retained lot. f) Vehicular access: The supplementary farm dwelling must demonstrate how vehicular access will not contribute to any traffic-related hazards to the satisfaction of the appropriate road authority. Preference will be given to the use of existing driveways. Comment: The existing bunkhouses on the proposed retained lot will utilize the existing access. The use currently exists today, therefore, it is our opinion that this application will not cause traffic-related hazards. The Municipality may enter into an agreement with the applicant relating to such matters as location, maintenance, buffering, removal, and period of occupancy of any dwellings, as well as any other matters deemed appropriate to ensure that the dwelling is used for its intended purpose of providing housing for farm help. Comment: As a Condition of Approval, Staff are requesting that the existing Development Agreement for the supplementary farm dwellings between the owners and the Municipality should be revised where necessary to ensure it is up-to-date. Therefore, based on the analysis provided above, the proposed consent is in conformity with Bayham Official Plan, subject to the Conditions of Approval listed below. Municipality of Bayham Zoning By-law 14. The proposed severed parcel is currently zoned Site-Specific Agricultural (A1-A- 34) and must be rezoned to a Rural Residential (RR) zone consistent to the resulting residential use and Official Plan Section 2.1.7.2 policies for surplus farm dwellings. The proposed lot configuration by the applicant can accommodate the minimum Lot Area of 0.4 hectares and Lot Frontage of 50 metres in the RR zone. ARCADIS MEMORANDUM Municipality of BayhamMunicipality of Bayham – December 13, 2023 11 Notwithstanding the above, the proposed Rear Yard Depth of 3.8 metres between the existing garage and rear lot line would not meet the minimum requirement of 15 metres in the RR Zone. Therefore, as part of the future Zoning By-law Amendment application, a Site- Specific Exception to the proposed RR-XX Zone would be required to recognize the deficiency in order to permit a minimum Rear Yard Depth of 3.8 metres, specifically for the existing garage erected prior to the date of the passing of the future By-law. 15. The proposed retained parcel is currently zoned Site-Specific Agricultural (A1-A- 34) and must be rezoned to a Special Agricultural (A2) zone to prohibit new dwellings, as per Official Plan Section 2.1.7.4. The proposed retained parcel meets the minimum Lot Area of 20 hectares and minimum Lot Frontage of 150 metres required in the A2 zone. As previously mentioned in this Memo, the existing barn containing a supplementary farm dwelling and bunkhouse are proposed on the retained lot. A Zoning By-law Amendment (Z704-2020) was previously approved on the subject property with respect to the existing barn and bunkhouse, permitting a maximum of three (3) supplementary farm dwellings in portions of the two (2) existing buildings to accommodate seasonal farm labourers. It is further noted that the proposed Side Yard Depth of 7.2 metres on the retained lot between the existing barn and side lot line would not meet the minimum requirement of 10 metres in the A2 Zone. Therefore, based on the above, as part of the future Zoning By-law Amendment Application, a Site-Specific Exception to the proposed A2-XX Zone would be required to recognize and permit a maximum of three (3) supplementary farm dwellings in portions of the two (2) existing buildings to accommodate seasonal farm labourers, as well as permit a minimum Side Yard Depth of 7.2 metres. No new supplementary farm dwellings shall be permitted. Long Point Region Conservation Authority 16. As previously mentioned in this Memo, portions of the subject property are within the “LPRCA Regulation Limit”. The proposed severed lot for the existing residential dwelling is located outside of the LPRCA Regulation Limit, as this regulatory area only impacts the proposed retained lot which will remain as it exists today for agricultural operations. Therefore, it is our opinion that the proposed severance will not be impacted by the LPRCA Regulation Limit. Conclusion and Recommendations 17. Based on the above review of Consent Application E8-24 we have no objection to the proposed consent to create a residential lot for the existing dwelling surplus ARCADIS MEMORANDUM Municipality of BayhamMunicipality of Bayham – December 13, 2023 12 to the needs of the farm operation and recommend the following conditions for approval: a) That the owner obtains approval of a Zoning By-law Amendment for the proposed severed parcel from a Site-Specific Agricultural (A1-A-34) zone to a Site-Specific Rural Residential (RR-XX) Zone to permit a Rear Yard Depth of 3.8 metres from the existing garage to remain. b) That the owner obtains approval of a Zoning By-law Amendment for the proposed retained parcel from a Site-Specific Agricultural (A1-A-34) zone to a Site-Specific Special Agricultural (A2-XX) Zone to prohibit new dwellings, recognize and permit a maximum of three (3) supplementary farm dwellings in portions of the two (2) existing buildings to accommodate seasonal farm labourers, as well as permit a minimum Side Yard Depth of 7.2 metres. No new supplementary farm dwellings shall be permitted. c) That the owner obtain confirmation from Hydro One regarding the provision of hydro services, specifically whether new independent hydro servicing is required for each lot, or, alternatively, whether maintenance easements are required over the existing hydro servicing on the severed and retained lots. d) That the owner provides written confirmation from a licensed well installer that the private wells on both the retained and severed lot provides the quality and quantity of potable water required by Provincial standards, as stated in the Consent Application Form. e) That the owner provides a water quality test by the applicable public health unit for the private wells on both the retained and severed lot, as stated in the Consent Application Form. f) That the existing Development Agreement for supplementary farm dwellings between the owner and the Municipality be revised, where necessary, to ensure it is up-to-date. g) That the owner provides a Planning Report Fee payable to the Municipality of Bayham. h) That the owner provides a digital copy of a survey of the subject lands. i) That the applicant apply to and pay all fees to the Municipality with respect to Civic Addressing/signage for the retained lot, where necessary. Christian Tsimenidis Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: December 21, 2023 REPORT: DS-71/23 FILE NO. C-07/ D13.THOM Roll # 3401-000-006-06010 SUBJECT: Housekeeping Zoning Amendment – Zoning By-law No. Z766-2023 Municipality of Bayham Re: Blayne and Kelsey Thompson, 10729 Plank Road BACKGROUND At the regular meeting held September 7, 2023, Council passed the following motion: Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Staff Report DS-52/23 regarding the Zoning By-law Amendment submitted by Blayne and Kelsey Thompson be received for information; AND THAT, pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held April 6, 2023 associated with the OPA No. 31 and the zoning amendment application, there were no public submissions and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z762-2023 be presented to Council for enactment. DISCUSSION It has come to staff’s attention that, with the Municipality approving Zoning By-law No. Z762-2023 on September 7, 2023, the matter of the reduced front yard setback for the proposed development was mistakenly overlooked. The related Official Plan Amendment text and mapping is still correct and unaffected. The only revision at this time would be the zoning by-law text, no mapping required, by way of a housekeeping amendment from the Municipality to rectify this oversight. The housekeeping amendment would only pertain to Section 8.13.13 of the Zoning By-law adding an additional regulation to allow for the reduced Front Yard Depth to 12 metres as was already proposed by the applicant. The additional regulation would be noted as Section 8.13.13.4 in the zoning by-law. DS-71/23 Thompson 2 Staff and planner present the draft zoning by-law for consideration. The Owners’ next step in the process will be a site plan application for an agreement for the site development. STRATEGIC PLAN Not applicable. AP PENDICES 1. Draft Zoning By-law No. Z766-2023 RECOMMENDATION THAT Staff Report DS-71/23 regarding the Housekeeping Zoning By-law Amendment initiated by the Municipality of Bayham be received for information; AND THAT Zoning By-law No. Z766-2023 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z766-2023 MUNICIPALITY OF BAYHAM BEING A HOUSEKEEPING BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 8.13.13 Exception – Estate Residential (ER-13) Zone by adding the following clause: 8.13.13.4 Minimum Front Yard Depth 12.0 metres 2) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal. READ A FIRST TIME AND SECOND TIME THIS 21st DAY OF DECEMBER 2023. READ A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF DECEMBER 2023. MAYOR CLERK Township of Puslinch 7404 Wellington Road 34 Puslinch, ON N0B 2J0 www.puslinch.ca December 4, 2023 RE 6.13 Municipality of Wawa Resolution regarding Amendments to the Income Tax Act Please be advised that Township of Puslinch Council, at its meeting held on November 29, 2023 considered the aforementioned topic and subsequent to discussion, the following was resolved: Resolution No. 2023-382: Moved by Councillor Sepulis and Seconded by Councillor Goyda That the Consent Agenda item 6.13 listed for NOVEMBER 29, 2023 Council meeting be received; and Whereas the Township of Puslinch Council supports the Municipality of Wawa Resolution Regarding Bill C-310, Amendments to Income Tax Act; Therefore, that Council directs staff to send a support resolution accordingly. CARRIED As per the above resolution, please accept a copy of this correspondence for your information and consideration. Sincerely, Municipality of Wawa 40 Broadway Ave, Wawa Ontario, P0S 1K0 VIA EMAIL: info@wawa.ca Justine Brotherston, Municipal Clerk Cc: Association of Fire Chiefs of Ontario, Algoma Mutual Aid Association, Association of Municipalities of Ontario, Ontario Municipalities TheCorporationof theMunicipalityofWawaTuesday,November7,2023REGULARCOUNCILMEETINGRESOLUTIONWHEREASCanadahas90,000volunteerfirefighterswhoprovidefireandallhazardemergencyservicestotheircommunities;inaddition,approximately8,000essentialsearchandrescuevolunteersrespondtothousandsofincidents everyyear;andWHEREASmanyoftheseindividualsreceivesomeformofpayoncall,anhonorarium,oraregivensomefundingtocoverexpenses,buttheydonotdrawalivingwagefromfirefighting;and;WHEREASwithoutvolunteerfirefightersandsearchandrescuevolunteers,thousandsofcommunitiesinCanadawouldhavenofireandemergencyresponsecoverage;and;WHEREASindividuals,to$10,000;in2013,thefederalgovernmentinitiatedataxcreditrecognizingtheseandcallingonthefederalgovernmenttoincreasethistaxcreditfrom$3,000and;WHEREASvolunteerfirefightersaccountfor71%ofCanada’stotal firefightingessentialfirstresponders;•ThetaxcodeofCanadacurrentlyallowsvolunteerfirefightersandsearchandrescuevolunteerstoclaima$3,000tax creditif200hoursofvolunteerserviceswerecompletedinacalendaryear;•Thisworks outtoa mere$450peryear,which weallowtheseessentialvolunteerstokeepoftheirownincomefromtheirregularjobs,$2.25anhour;•Ifthey volunteermorethan200 hours,whichmanydo,thistaxcreditbecomesevenless;•Theseessentialvolunteersnotonlyputtheirlivesonthelineandgivetheirtime,trainingandeffortstoCanadians,butthey alsoallowcitiesandmunicipalitiestokeeppropertytaxeslowerthanifpaidserviceswererequired;p.2...Resolution#RC23265Thisdocumentisavailableinalternateformats. TheCorporationof theMunicipalityofWawaREGULARCOUNCILMEETINGRESOLUTION•Itwouldalsohelpretainthesevolunteersinatimewhenvolunteerismisdecreasing.THEREFOREBEITRESOLVEDTHATtheCouncilofthe CorporationoftheMunicipalityofWawacallupontheGovernmentofCanadatosupportBillC-310andenactamendmentstosubsections118.06(2)and118.07(2) oftheIncome TaxActinordertoincreasetheamountofthetaxcreditsforvolunteerfirefightingandsearchandrescuevolunteerservicesfrom$3,000to$10,000;and;FURTHERMORETHATacopyoftheresolutionbesharedwiththe AssociationofFireChiefsofOntario,AlgomaMutualAidAssociation, AssociationofMunicipalitiesofOntarioandallOntariomunicipalities.DisclosureofPecuniaryInterestandthegeneralnaturethereof.LDisclosedthepecuniaryinterest andgeneral namethereof andabstainedfromthediscussion,voteandinfluence.Clerk:IMAYOR-MELANIEPILONICLERK-MAURY O’NEICARRIEDULTMAYORANDCOUNCILLDEFEATEDMitch HatfieldTABLEDCathyCannonHRECORDEDVOTE(SEERIGHT)MelaniePilonHPECUNIARYINTERESTDECLAREDJimHoffmannHWITHDRAWNJoseph OpatoYES NOThisdocumentisavailableinalternateformats. Council Highlights Tuesday, December 6 , 2023 In This Issue: Ed Ketchabaw Re-Elected as 2024 Elgin County Warden Harmonizing Care: Empowering Elgin Homes Through Streamlined Policy Approval Fanning the Flames of Efficiency: County Council Greenlights Fire Training Coordinator Safeguarding Scenic Routes: Englobe Corp.'s Path to Slope Stability on Fingal Line and Glen Erie Line Rekindling Connections: A Plea for the Return of School Resource Officers in Elgin County Extending the Pulse: Elgin County's Continuation of Vital Ambulance Services with Medavie Charting the Road Ahead: MTOs Transformative Plans and Strategic Insights for Highway 3 & 4 Elgin County's Partnership Continues with Re:Public Urbanism for 2024 Planning Services Pioneering Efficiency in POA Prosecutions with Extended Green Light Ed Ketchabaw Re-Elected as 2024 Elgin County Warden After two rounds of a split vote, Elgin County Council re-elected Ed Ketchabaw, Mayor of the Municipality of Bayham, as the Warden of Elgin County during their annual election meeting held on December 5, 2023. Warden Ketchabaw is set to continue his role as the head of Elgin County Council for the upcoming 2024 governance year. In his capacity as the head of County Council, Warden Ketchabaw will undertake a range of responsibilities, including presiding over Council meetings, providing leadership to Council, representing the County at official functions, serving as the County’s spokesperson, and more. Elgin’s 2024 Deputy Warden will be Grant Jones, Mayor of the Township of Southwold. The position of Deputy Warden is held by the most immediate past Warden who is a sitting member of Council. Elgin County Council Highlights Page 01 Expressing gratitude for the opportunity, Warden Ketchabaw stated, “It is an honour to have been re-elected by County Council to serve as Elgin County’s Warden for the year 2024. I eagerly anticipate collaborating with Council and staff to ensure that Elgin County remains a vibrant community where people aspire to live, work, and thrive for many years to come.” Harmonizing Care: Empowering Elgin Homes Through Streamlined Policy Approval The County of Elgin Homes, which includes Bobier Villa, Elgin Manor, and Terrace Lodge, recognizes the importance of having policies and procedures that comply with legislative requirements such as the Fixing Long-Term Care Act . These policies are essential for meeting the Ministry of Long-Term Care (MLTC) standards and providing clear guidance for all Homes staff in delivering care and services. To ensure that these policies are up-to-date, they are reviewed annually, incorporating changes in legislation. Currently, all policies and procedures undergo approval by the County Council, which can cause delays in implementation and create challenges during MLTC home inspections. To address this, staff recommended that the Director of Homes and Seniors Services be granted the authority to approve these policies and procedures to ensure a more efficient and timely process. County Council approved this recommendation, which ultimately enhances the delivery of care and services to residents and solidifies a streamlined approval process for policies and procedures within the three (3) County of Elgin Homes. Elgin County Council Highlights Page 02 The County’s Emergency Management Department has identified substantial gaps and an overwhelming workload related to the Elgin-Middlesex Regional Fire School (EMRFS) over the past two years. To address this issue, the department proposed the addition of a full-time Fire Training Coordinator position to enhance efficiency and productivity. The request, presented ahead of the budget approval process, is prompted by the immediate start of fire training early in the new year and the urgent need for additional resources to prepare and implement 2024 fire courses. County Council approved hiring a Fire Training Coordinator to alleviate the department's workload, with the associated costs offset by a projected increase in revenue, ensuring the position's full coverage by course fees. Fanning the Flames of Efficiency: County Council Greenlights Fire Training Coordinator Safeguarding Scenic Routes: Englobe Corp.'s Path to Slope Stability on Fingal Line and Glen Erie Line County Council has approved Englobe Corp. to provide geotechnical investigative and construction plans for remediating unstable road slopes on Fingal Line and Glen Erie Line. With the proposed 2024 Capital Budget allocating funds for these projects, Englobe Corp. submitted a proposal for geotechnical fieldwork, borehole drilling, laboratory testing, and remediation design at a total cost of $209,500 plus HST. Current Logo:Refreshed Logo: Elgin County Council Highlights Page 03 Refreshing the Elgin County Brand: Addressing Accessibility In a joint effort between Elgin County's Corporate Communications & Engagement Coordinator and the Accessibility Coordinator, the official County logo has been updated to better align with the latest branding, marketing, and accessibility requirements. The refresh was carried out by an external graphic designer at a cost of $316.40. The updated logo conforms to the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA as per the Integrated Accessibility Standards Regulation (IASR). This update comes at an opportune time as the County's website is also being redeveloped, and it is important to ensure that the County's colours, fonts, and branding are accessible to everyone. Elgin County Council has unanimously approved the updated logo to be implemented immediately on all web and digital-based corporate assets. The Elgin Group Police Services Board (EGPSB) issued a letter to Elgin County Council expressing their deep concern regarding the ongoing pause of the School Resource Officer (SRO) program in schools within the Thames Valley District School Board (TVDSB) district. EGPSB advocates for the return of police officers to area schools while acknowledging the importance of building positive relationships with students and the need for adaptation to address the concerns raised during the pause. This program was designed not only to educate students about important topics such as alcohol and drugs but also to build positive relationships with Elgin’s youth. Council directed the Warden to send a letter to the chair of the TVDSB that not only supports but echoes the concerns of the EGPSB. Rekindling Connections: A Plea for the Return of School Resource Officers in Elgin County Extending the Pulse: Elgin County's Continuation of Vital Ambulance Services with Medavie The County of Elgin is responsible for providing land ambulance services and has been in productive negotiations with Medavie since the original agreement was signed in 2014. The current agreement is set to expire on December 31, 2023, and in order to allow for ongoing negotiations towards a new, longer-term contract, Council has approved an extension of the current Land Ambulance Services Agreement with Medavie EMS Elgin Ontario Incorporated for up to six months. Elgin County Council Highlights Page 04 Elgin’s Director of Engineering Services provided Council with an overview of the Ontario Ministry of Transportation (MTO)’s Preliminary Design, Detailed Design, and Class Environmental Assessment for Highway 3 improvements from Highway 4 to Centennial Avenue. Following the second Public Information Centre (PIC) on November 22, 2023, key highlights involved utilizing two median width designs for the Highway 3 cross-section to reduce property impacts. The proposed construction staging spans five years, starting in 2025, with specific projects each year. The County is advised to minimize construction detour durations, conduct formal assessments on roads used as detour routes, ensure restoration to pre-detour conditions, design cul-de-sacs for easy turnaround, and consider traffic signalization at Clinton Line and Highway 4. Charting the Road Ahead: MTOs Transformative Plans and Strategic Insights for Highway 3 & 4 For the complete December 6, 2023 Agenda Package, please visit the following link: County Council Agenda Package Elgin County's Partnership Continues with Re:Public Urbanism for 2024 Planning Services Council approved the authorization for the Warden and CAO/Clerk to execute an agreement with Re:Public Urbanism for planning services in 2024. Re:Public Urbanism has provided planning services to Elgin County since the beginning of 2022. Initially, they only offered limited services. However, in May 2022, their scope expanded, allowing them to work on the County Official Plan and provide planning services related to the County's approval authority function. The revised agreement extended their services through 2023, and now the County is looking at options for planning services in 2024. Pioneering Efficiency in POA Prosecutions with Extended Green Light Elgin County Council has given the green light to extend the Interim Transfer Agreement for Parts III and IX of the Provincial Offences Act to continue until January 3, 2026. The Province of Ontario has mandated the transfer of Parts III and IX POA prosecutions to Municipalities in a phased approach, which began as a pilot project. The successful implementation in Elgin County, which has demonstrated effective resource utilization and cost savings, has prompted the extension request. Elgin County initially took on this responsibility in December 2021, successfully managing more serious offences through a full-time prosecutor. Elgin County Council Highlights Page 05 FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of November 1, 2023 Approved December 6, 2023 Members in attendance: John Scholten, Chair Township of Norwich Michael Columbus, Vice-Chair Norfolk County Shelley Ann Bentley Haldimand County Dave Beres Town of Tillsonburg Doug Brunton Norfolk County Robert Chambers County of Brant Tom Masschaele Norfolk County Chris Van Paassen Norfolk County Rainey Weisler Municipality of Bayham/Township of Malahide Peter Ypma Township of South-West Oxford Regrets: Stewart Patterson Haldimand County Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, Interim Manager of Watershed Services Jessica King, Social Media and Marketing Associate Zachary Cox, Interim Marketing Coordinator Dana McLachlan, Executive Assistant 1. Welcome and Call to Order The Chair called the meeting to order at 6:30 p.m., Wednesday, November 1, 2023. 2. Additional Agenda Items There were no additional agenda items. 3. Declaration of Conflicts of Interest None were declared. 4. Hearing A-98/23 Moved by R. Weisler Seconded by P. Ypma FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 2 - THAT the LPRCA Board of Director’s does now sit as a Hearing Board. Carried The roll was called to conduct the following Hearing under Section 28 of the Conservation Authorities Act. Stewart Patterson was absent from the call. Peter Ypma was missed in the call but was present. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Hearing: LPRCA-175/23 (Kolomaya) Leigh-Anne Mauthe introduced the applicant Jake Kolomaya and his agent Nathan Kolomaya, and Julian Stewart, project architect, then proceeded to present the staff hearing report. An application was received to construct a non-habitable accessory structure. The land contains a two-story house, permitted by LPRCA through a hearing process in 2018, is subject to slope stability and erosion related hazards from Lake Erie and is fully regulated under O. Reg. 178/06. Staff recommended refusal to grant a permit for this application for the following reasons: 1. The construction of a structure in the Lake Erie shoreline unstable slope and erosion hazard along Brown Street is contrary to the LPRCA policies for development in the area of the subject lands. These policies have been implemented to reduce or eliminate preventable property damage due to unstable slopes and shoreline erosion. 2. This construction of a structure affects the control of erosion in that it increases the potential for damage from slope instability and erosion. 3. The proposal is not unique; therefore, the granting of an exemption to policy could be seen as setting precedent. Similar applications may have to be permitted as a consequence. Agent, Nathan Kolomaya addressed the board and presented on the permit application. Staff, the agent and the proponent responded to questions from the Board. A-99/23 Moved by T. Masschaele Seconded by R. Weisler THAT the LPRCA Hearing Board does now enter into a closed session to discuss: Litigation or potential litigation, including matters before administrative tribunals FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 3 - (e.g. Local Planning Appeal Tribunal), affecting the Authority. Carried The LPRCA Hearing Board reconvened in open session at 7:14 p.m. The Chair advised Jake Kolomaya that the permit has been approved. A-100/23 Moved by M. Columbus Seconded by D. Brunton That the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board. Carried 5. Minutes of the Previous Meeting a) Board of Directors Meeting of October 4, 2023 A-101/23 Moved by T. Masschaele Seconded by P. Ypma THAT the minutes of the LPRCA Board of Directors Meeting held October 4, 2023 be adopted as circulated. Carried 6. Business Arising There was no business arising from the previous minutes. 7. Review of Committee Minutes No committee minutes were presented. 8. Correspondence No correspondence was presented. 9. Development Applications a) Section 28 Regulations Approved Permits Through the General Manager’s delegated authority, 21 applications were approved in FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 4 - the past month. LPRCA-156/23, LPRCA-177/23, LPRCA-197/23, LPRCA-201/23, LPRCA-202/23, LPRCA-206/23, LPRCA-207/23, LPRCA-208/23, LPRCA-210/23, LPRCA-211/23, LPRCA-212/23, LPRCA-213/23, LPRCA-214/23, LPRCA-215/23, LPRCA-216/23, LPRCA-217/23, LPRCA-218/23, LPRCA-220/23, LPRCA-221/23, LPRCA-226/23 and LPRCA-227/23. Permits LPRCA-207/23 and LPRCA-208/23 should have read as Plan instead of Concession. A-102/23 Moved by D. Beres Seconded by S. Bentley THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits report dated November 1, 2023 as amended for information. Carried 10. New Business a) General Manager’s Report The General Manager provided an overview of operations this past month. The campgrounds had a successful year and closed for the season on October 15. The latest project on the Backus Education Centre to upgrade the outside of the building is progressing well. The Vittoria Dam Class Environmental Assessment, the Big Otter floodplain mapping and the Hydrology projects are ongoing and are scheduled to be completed early next year. Staff are currently contacting adjacent landowners to the Haldimand Conservation Area to coordinate an effort to treat the area for Hemlock Wooley Adelgid (HWA). In response to member Ypma’s question regarding the level of concern for HWA, the General Manager explained that Hemlock isn’t a dominant species within LPRCA properties but HWA has had a devastating effect in the U.S. The goal is to contain HWA to limit spread. A-103/23 Moved by P. Ypma Seconded by R. Weisler FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 5 - THAT the LPRCA Board of Directors receives the General Manager’s Report for October 2023 as information. Carried b) 3rd Quarter Financial Report The Manager of Corporate Services reviewed the financials up to and including September 30, 2023. Revenues to September 30, 2023 represented 90.8% of the annual budget and expenditures 70.9%. Planning user fee revenues were down 17.6% compared to 2022 but is still on target to attain budget. A total of 451 seasonal campsites were registered exceeding the budget target of 430. Seasonal camping revenues exceeded the budget by 3.1%. Overall, the Authority is in a positive financial position at the end of the 3rd quarter. A-104/23 Moved by C. Van Paassen Seconded by T. Masschaele THAT the LPRCA Board of Directors receives the Q3 Financial Report – September 30, 2023 for the fiscal period up to and including September 30th, 2023 as information. Carried c) Ecological Survey Report LPRCA contracts a qualified ecologist to survey properties for species at risk and species of concern on an annual basis. Staff retained the services of Natural Resource Solutions Inc. to complete the 2023 surveys at four LPRCA properties for a total 590.02 acres. The Hughes, Greathead, Wilson, and Coppens-Ferris-Armstrong tracts were surveyed and are included in the 5-year operating plan for upcoming forest management activities. Recommendations within the report will be implemented during the marking and timber harvesting process to ensure that sensitive species are not impacted, and to continue LPRCA’s focus on ecologically sustainable forest management. FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 6 - A-105/23 Moved by R. Weisler Seconded by D. Beres THAT the LPRCA Board of Directors receives the Ecological Survey Report as information. Carried The closed session began at 7:40 p.m. 11. Closed Session A-106/23 Moved by D. Brunton Seconded by R. Weisler THAT the LPRCA Board of Directors does now enter into a closed session to discuss: A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the Authority. Carried The Board reconvened in open session at 8:05 p.m. The closed meeting minutes of the Hearing Board and the Board of Directors meetings of October 4, 2023 were approved in the closed session. Next meetings: November 8, 2023, Budget December 6, 2023, Board of Directors Adjournment The Chair adjourned the meeting at 8:07 p.m. John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer /dm FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Budget Meeting of November 8, 2024 Approved December 6, 2023 John Scholten, Chair Township of Norwich Michael Columbus, Vice-Chair Norfolk County Shelley Ann Bentley Haldimand County Dave Beres Town of Tillsonburg Doug Brunton Norfolk County Robert Chambers County of Brant Tom Masschaele Norfolk County Stewart Patterson Haldimand County Chris Van Paassen Norfolk County Rainey Weisler Municipality of Bayham/Township of Malahide Peter Ypma Township of South-West Oxford Regrets: None Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, Interim Manager of Watershed Services Dana McLachlan, Executive Assistant 1. Welcome and Call to Order The chair called the meeting to order at 9:30 a.m., Wednesday, November 8, 2024. 2. Additional Agenda Items No additional items were added to the agenda. 3. Declaration of Conflicts of Interest None were declared. 4. Budget Overview Presentation The Manager of Corporate Services provided a general overview of the 2024 draft budget. At the last Audit and Finance Committee meeting on August 24, the Committee provided staff direction to prepare a budget with a maximum 5.0% target increase on the levy. The 2024 Draft Budget was presented with a 3.80% or $85,393 general levy increase. The operating levy increased by 2.21% or $46,453 and the capital levy FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 2 - increased by 25.96% or $38,940. A special levy to Norfolk County is required for the Hay Creek Dam project in 2024. Staff have continued to adjust the budget presentation to align with the new regulations that are required starting with the 2024 budget. The following reports were reviewed and discussed: 1. Draft Consolidated Operating Budget 2. Draft Consolidated Budget Summary 3. Draft Municipal Levy Consolidated 4. 5-year Summary by Municipality of Levy Apportionment The Current Value Assessment Apportionment for 2023 and 2022 were presented and discussed. The assessment data was provided by the Municipal Property Assessment Corporation (MPAC) and modified by the Ministry of Natural Resources and Forestry based on O. Reg. 402/22 (Budget and Apportionment). 5. 2024 Budget Package Operations: The Managers reviewed each of their department(s) draft budgets, action plans, projects, and staffing requirements. Capital: The 2024 total for capital spending is budgeted at $696,340 requiring $188,940 from the general levy, $220,950 from the Current Year Surplus, $18,450 from the User Fee Reserve, $133,000 Prior Year Capital, $75,000 Federal/Provincial Grants, and $60,000 Special Levy from Norfolk County. The following reports were reviewed and discussed: 1. One-Year 2024 Draft Capital Budget 2. Five-Year 2024 Draft Capital Budget Maintenance work and necessary repairs for public safety are continuing on the major water control structures. Two projects are planned for 2024 totaling $210,000, Hay Creek Dam Engineering Design and Teeterville Dam Class Environmental Assessment. A 10-year Flood Control Structures Capital Summary was presented for information. Other works include gate replacement and repairs on Authority lands, office renovations, washroom renovations at two of the campgrounds, and the purchase of additional watersports rental equipment. Annual computer upgrades, and vehicle and equipment replacements. FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 3 - 6. General Manager’s Report and Budget Recommendations A-107/23 Moved by P. Ypma Seconded by T. Masschaele THAT the LPRCA Board of Directors approves the following recommendations regarding LPRCA’s 2024 Draft Operating and Capital budgets; THAT the draft 2024 operating budget of $5,868,270 requiring $2,145,963 of general levy representing an increase in the general levy of 2.21% or $46,453; AND the draft 2024 capital budget of $696,340 requiring $188,940 of general capital levy representing an increase in the general levy of 25.96% or $38,940; AND the draft 2024 capital budget includes a special levy of $60,000 for Norfolk County; AND the total general municipal levy of $2,334,903 requiring an increase of 3.80% or $85,393 overall compared to 2023 be circulated to member municipalities for review and comment; AND that staff be directed to present the Draft 2024 Budget to member municipalities when requested; AND that the LPRCA Board of Directors recommend that the Draft 2024 Fee Schedules be presented at the next meeting of the Board for approval. Carried The Chair adjourned the meeting at 12:05 p.m. _______________________________ ________________________________ John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer /dm Request for Action - SCC Renovation and ICIP Grant December 11, 2023 Mayor Ketchabaw and Members of Bayham Council, The Straffordville Community Centre was originally equipped with a fully functional kitchen which was well utilized by renters and community organizations for many years. It was removed in 2016 when the rehabilitation to the facility occurred; leaving the facility with a servery with no cooking appliances or means to provide on-site catering or meal preparation. Straffordville Hall Foundation has advocated for a kitchen renovation to the Straffordville Community Centre since 2017 when we took on the volunteer role as Facility Managers. As facility managers, we were elated to hear the news of the ICIP Grant and the plans for expansion to the facility and grounds. We were very much in support of this project as we felt the substantial financial support from upper levels of government made the project feasible for the Municipality and would leave the facility in a state that would require very little financial investment for many years to come. It has been an extremely long 3 years waiting for this project to come to fruition as our Municipality has faced many unexpected challenges. The project has been altered numerous times, and a descope request put forth to the ICIP Grant Coordinator in April 2023; to which there has been no response after eight months of waiting. As a result of this waiting game, the SCC rental revenues have been negatively impacted as we (the facility managers) have been unable to provide confirmation for renters wanting to book the facility months in advance. We have been working on a month to month basis in regards to booking the facility at the direction of staff which has limited the potential rental revenues for the facility. After considering report CAO-63/23 from December 7/23 Council, the SHF are of the opinion that this project is no longer financially viable due to potential cost overruns that may run up to 30% over budget among other reasons such as inflationary pressures and unknown availability for contractors if the project were to commence while the new Volkswagen Battery Plant in St. Thomas is being constructed. We feel that continuing to wait for a response from the Federal and Provincial Governments on the descope seems unproductive and unreasonable at this point in time. Knowing that potential cost overruns could negatively affect the tax levy or could result in taking on short term debt to finance the project would be imprudent and fiscally irresponsible. SHF continues to advocate for a kitchen renovation for the SCC as we feel strongly that the facility and the community will benefit from a fully functional kitchen in the capacity of special events rentals, recurring rentals, and battling food insecurity in Bayham through community-driven initiatives. The SCC Capital Reserve Fund currently has $48,129.42. This includes $25,000.00 that the SHF were awarded through a grant opportunity from Farm Credit Canada for kitchen appliances. The SHF applied for this grant with approval from, and in consultation with Senior Staff in Bayham. The grant expires at the end of 2024. The SHF are not in favour of returning this grant as we have worked very diligently to secure this funding. Further to that, we feel that turning this grant back to FCC would negatively impact any future applications we endeavour to put forth, and quite possibly the Municipality as well since we are both listed on the Grant Agreement as a partnership. It should be noted that FCC Agrispirit also was the main funding mechanism for the portable stage and new chairs in the SCC in 2018; an application the Municipality itself was successful in attaining. The SHF has raised and forwarded $174,640.82 in cash to the Municipality since 2015. Additionally we have donated $177,250.00 through in-kind services throughout that same time period. We are currently in the position to donate an additional $10,000.00 in cash to the SCC Capital Reserve Fund with ongoing contributions continuing in the future to ensure a kitchen renovation would be feasible for the Municipality. At this time, the Straffordville Hall Foundation would respectfully request the following: 1. That Council direct Staff to turn back the ICIP Grant, OR That Council direct Staff to put forth a new application to ICIP to repurpose the ICIP Grant to another project in Bayham. 2. That Council direct Staff to allocate all or a significant portion of the original $534,881.00 municipal portion of the ICIP Grant to the SCC Capital Reserve Fund for a renovation to the current Servery, Bar and Coat Room to create a fully functional kitchen in the SCC and any other necessary improvements needed for the facility and that said items be re-inserted into the 2024-2033 Capital Budget as stand-alone items. In closing, we feel these requests for action align with Bayham’s Strategic Plan, specifically in battling food insecurity in Bayham as community-driven initiatives present the opportunity to improve the quality of life for many residents in Bayham. 2.Quality of Life… 2.1. To work collaboratively with community organizations and others in ensuring the availability of a diverse range of passive recreational,heritage, cultural and other community services that contribute to enriching Bayham’s valued quality of life. Initiative: Strategic improvements to recreational amenities to promote healthy living. Thank you for the opportunity to bring forth these items for action and for your consideration of these requests. Kind Regards, Straffordville Hall Foundation REPORT CLERK TO: Mayor & Members of Council FROM: Meagan Elliott, Clerk DATE: December 21, 2023 REPORT: CL-16/23 SUBJECT: FACILITY RENTAL POLICY BACKGROUND At its December 7, 2023 meeting, Council received Report CL-14/23 re Update to Municipal Rates and Fees. Council passed the following motion: Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report CL-14/23 re Update to Municipal Rates and Fees be received for information; AND THAT the updated rates and fees be approved with the following amendments: - By-law exemption and noise exemption request to $50 AND THAT the appropriate by-law be brought forward for Council’s consideration; AND THAT a Facility Rental Policy be presented to Council for consideration. DISCUSSION The draft Facility Rental Policy is attached for consideration. The previous rental general provisions that were housed in the 2019 Rates and Fees By-law, approved via By-law No. 2019- 025. They have been removed, updated where applicable, and incorporated here. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Draft Facility Rental Policy RECOMMENDATION THAT Report CL-16/23 re Facility Rental Policy be received for information; AND THAT the appropriate by-law be brought forward to adopt the policy as presented. Respectfully Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO, AOMC Clerk Chief Administrative Officer Facility Rental Policy Section 1 – Purpose The purpose of this Policy is to outline the process and requirements to rent municipal facilities managed by the Straffordville Hall Foundation (SHF). Section 2 – Scope This Policy applies to the municipal facilities managed by the SHF. This includes: Straffordville Community Centre Main Hall Straffordville Community Centre Trackless Lounge Straffordville Community Park Pavilion Straffordville Community Centre Parking Lot Straffordville Ball Diamond Port Burwell Ball Diamond Section 3 – General Provisions a) Rental inquiries are to be submitted to the prescribed representative of the SHF by phone or email. b) Renters will complete an application form as deemed appropriate by the Municipality, and will enter into an agreement for use of municipal property. c) Rental charges will be issued in accordance with the Municipal Rates and Fees By-law. d) All persons using a municipal facility must provide two (2) weeks prior to event a certificate of insurance in the minimum amount of $2,000,000.00 naming the Municipality of Bayham as additional insured. e) Deposit for hall rental is due at time of booking/signing. Balance of rental fee is due a minimum of two (2) weeks prior to date of function. f) Failure to cancel in writing two (2) weeks prior to the booking will result in full charges being applied. g) A Damage Deposit is charged for Main Hall or all day use Friday and Saturday which is refundable less applicable damages, if any. h) Damage Deposit based on 50% of rental fee is charged for partial hall use on any day of the week which is refundable less applicable damages, if any. i) Main Hall or Trackless renters are responsible for all fire and/or security alarm and response costs. j) Facility use may be revoked as a result of damage or improperly disposed of refuse. Cleaning fees shall be the responsibility of the renter. Section 4 – Community Partners Community Partners shall mean not-for-profit community organizations or community organizations with a formal structure and mandate that provide funds or services on a volunteer basis for the good of the community. Qualification as a Community Partner shall be at the discretion of the Municipality. Community Partners may receive a $50 reduction on a Main Hall or Trackless rental as deemed applicable. Section 5 – Administration This Policy shall be administrated by the prescribed representative of the SHF and the Clerk or designate. REPORT CLERK TO: Mayor & Members of Council FROM: Meagan Elliott, Clerk DATE: December 21, 2023 REPORT: CL-17/23 SUBJECT: SOCIAL MEDIA POLICY AND PRESENCE BACKGROUND The discussion for the use of social media, specifically Facebook, in Bayham has been ongoing. At its March 3, 2022 meeting, Council received Report CL-06/22 re Social Media, with the following motion passed: Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report CL-06/22 re Social Media be received for information; AND THAT staff be directed to continue utilizing current platforms and revisit the use of social media after a new website platform is procured and implemented in 2023; AND THAT staff target Q1/Q2 2022 to establish Voyent Alert! publicly as a notification mechanism for Bayham. At its March 16, 2023 meeting, Council received Report CL-06/23 re New Municipal Website Procurement – GHD Digital, and passed the following motion: Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report CL-06/23 re New Municipal Website Procurement – GHD Digital be received for information; AND THAT Council approve the sole-source of the Municipality’s website development to GHD Digital in accordance with their quote provided, dated March 9, 2023, in the amount of $17,650 + HST; AND THAT an appropriate authorizing by-law to execute an agreement with GHD Digital for Website Design Services be brought forward for Council’s consideration; AND THAT staff proceed with the creation of a Municipal Social Media Policy for Council consideration. Since Q1 2023, staff have been working with GHD Digital on the creation and implementation of a new Municipal website to improve accessibility in accordance with the Accessibility for Ontarians with Disabilities Act (AODA) and local communications with residents and community groups, alike. The website went live on December 5, 2023. In accordance with previous direction, staff are now presenting Council with a draft Social Media Policy for consideration. DISCUSSION This Report is presented with a draft Social Media Policy for consideration, should Council wish to have staff be directed to establish a social media presence for the Municipality of Bayham. Currently, Bayham is the only Elgin-area municipality without a social media presence. Any implementation of social media would be primarily a uni-directional communication method to disseminate information to residents of Bayham, similar to how Voyent Alert! currently operates. A few areas of consideration are described below: Facebook Page vs Facebook Profile There are a number of settings within a Facebook page that differ from a Facebook profile, such as not being able to universally remove the commenting function. From discussions with staff from other municipalities, we believe it is possible to limit comments on a post-by-post basis with some restrictions. Further details of process and settings for a Facebook page are not fully known at this time. Accessibility Requirements If Council wishes to have a Facebook page, anything posted must be compliant with the Accessibility for Ontarians with Disabilities Act (AODA). The Municipality, through the Ministry for Seniors and Accessibility, is required under the AODA to submit a Compliance Report on a two (2)-year basis. One of the criteria is to ensure that the Municipality’s web presence is AODA-compliant. Historically, this has applied to the Municipal website and, more recently, the Municipality’s YouTube channel, where Council meetings are streamed and meeting videos are hosted. If the Municipality directs to establish a social media presence, any social media page will have to be AODA-compliant as well, including text, graphics, videos, and any attachments generated by the Municipality. Non-compliance is not an option under AODA, and any non- compliant web presence must be brought up to standard through a Compliance Plan with the Ministry. There is a staff resource component involved in ensuring that a social media presence is regularly up-to-date and compliant with accessibility legislation. Voyent Should Council opt for a social media presence, Staff would recommend investigating discontinuing Voyent within the 2024 fiscal year. Voyent is an additional step to create posts and cost $4,723, tax included, in 2023. The public may subscribe to certain news categories through the website instead of Voyent. Staff Commitment Maintaining a Facebook page will require staff time, daily. Many municipalities similar to our size with a social media presence have a designated communications coordinator or the duties are combined into an administrative role. Due to our lean staff and administrative staff at capacity, the responsibilities of managing this account would fall to the Clerk with not much else support from other staff. This may pose problems to manage the page effectively as other statutory Clerk duties would take priority. Council need be cognizant that the Draft 2024-2025 Operating Budget does not contemplate an expansion of the staffing complement at this time, and any such expansion is equal to a 1.2 percent levy increase at minimum for a front-line role to assist with communications and administrative duties. Council should also be mindful that although the draft Policy indicates the Facebook page is only monitored during business hours, extra staff time will take place out of business hours when emergencies arise or other special circumstances. At this time, staff are seeking Council’s direction on a Social Media Policy and presence for Bayham for 2024. STRATEGIC PLAN 3.1: Quality of Governance > To undertake strategies and technology and knowledge capital investments that continuously improve a service-oriented governance approach in Bayham. Initiative(s): Continue to address and evaluate technology and communication opportunities ATTACHMENTS 1. Draft Social Media Policy RECOMMENDATION THAT Report CL-17/23 re Social Media Policy and Presence be received for information; AND THAT Council provide direction regarding a Social Media Policy and presence for the Municipality of Bayham. Respectfully Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO, AOMC Clerk Chief Administrative Officer Social Media Policy Section 1 – Purpose The Municipality of Bayham supports and promotes the use of social media as a tool to deliver effective and accessible communication about Municipal news, services and programs to the community. The purpose of this Policy is to set guidelines and standards to ensure the appropriate use and management of social media by employees whether at work or on personal time. These standards are in place for the protection of all employees and representatives of the Municipality. Section 2 – Scope This Policy applies to all Municipality of Bayham employees, Members of Council, and representatives of the Municipality. Section 3 – General Provisions Philosophy The Municipality is committed to delivering quality services and administration that is done in a transparent, accountable manner with a focus on communication and customer service. The Municipality utilizes social media for the purposes of sharing municipal information to our community, stakeholders, and visitors. Although having a social media presence, the Municipality does not engage on other platforms to correct false information. Any member of the public looking for information should always go through the Corporate Website or contact the Municipal Office directly. The use of social media is to support the information that is posted through the Corporate Website. Corporate Social Media Accounts & Use The Municipality of Bayham maintains a corporate Facebook page. The Clerk or designate is the Account Administrator and has access to log in, publish, post, share, and answer direct messages. The Account Administrator shall abide by the following: Not disclose confidential information Respect copyright laws Ensure content is accessible Not engage in online disputes The Account Administrator has authority to determine which posts are set to allow comments or not. For posts or content that can receive comments, the Account Administrator reserves the right, without notice, to remove the content that is believed to be inappropriate. When applicable, the Account Administrator may respond to a comment or direct message by referring to the appropriate contact or location of information on the Corporate Website. Complaints received through direct message or by commenting on a post will not be considered formally submitted. Those wishing to submit a formal complaint should do so directly through the Municipal Office. The Account Administrator monitors the Facebook account during regular business hours. Members of Council & Social Media The open, transparent nature of social media can present procedural considerations for Members of Council. It is important to note that communications via social media channels are not considered official correspondence in the way email and letters to and from Council are deemed to be official, as outlined within the Municipality’s current Procedural By-law. Social media should not be used to conduct official municipal business, other than to informally communicate with the public and connect them to information on the Corporate Website. Posts or comments will not circulate any organizational or confidential information such as internal deliberations or negative comments about the Municipality, Council, Employees, Representatives, or Residents. Council is encouraged to share municipal social media posts. Personal Social Media Accounts Employees who maintain personal social media accounts are personally responsible for the posted content and their conduct. Any information, images, and statements shared by the employee on their personal social media account should never reflect negatively on the Municipality and employees will be held accountable for what they share on social media if there is a risk of the content leading to negative repercussions for the Municipality. In all instances, Employees should conduct themselves professionally both on- and off-duty. Employees should never make discriminatory statements or comments of a harassing or bullying nature about anyone, including co-workers, management, customers, or vendors. Employees should further adhere to the Technology and Corporate Resources section of the Municipality’s current Personnel Policy – specifically Part 2 Section 16 – which refers to social media use. Employees who fail to abide by this section of the Policy may be subject to progressive disciplinary measures, as outlined in the Municipality’s current Personnel Policy, which may include discipline up to and including termination. Employees who use social media sites are prohibited from publishing any proprietary and confidential corporate information. Section 4 – Administration This Policy and any social media presence will be overseen and administered by the Clerk or designate. REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: December 21, 2023 REPORT: CAO-67/23 SUBJECT: AMENDMENT TO SITE PLAN AGREEMENT AND DEVELOPMENT AGREEMENT – 552855 ONTARIO LTD. O/A BIG OTTER MARINA AND CAMPGROUND – 5 BRIDGE STREET, PORT BURWELL (APPLICATION NO. SPA-06/23) BACKGROUND At its June 2, 2022 meeting, Council received Report DS-34/22 re Bill 109, the More Homes for Everyone Act, 2022. Report DS-34/22 presented Council with amendments to the Municipality’s existing site plan control by-law – By-law No. 2016-047 – and recommended that, to ensure compliance with Bill 109, More Homes for Everyone Act, 2022, the Chief Administrative Officer (CAO) be appointed to be the Site Plan Control approval authority for the Municipality. Council passed the following motion: Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report DS-34/22 regarding Bill 109, the More Homes for Everyone Act, 2022, be received for information; AND THAT in consideration of the IBI Group Memorandum, dated May 26, 2022, Council directs staff to proceed with Option 3; AND THAT an Appointment By-law be brought forward to appoint the Municipality of Bayham’s Chief Administrative Officer (CAO) as the approval authority for Site Plan Control applications. Council subsequently adopted By-law No. 2022-046, Site Plan Control By-law, on June 16, 2022. The CAO’s delegated authority is assigned under Section 6(1) of By-law No. 2022-046. In October 2023, 552855 Ontario Ltd., operating as (o/a) Big Otter Marina and Campground, submitted a Site Plan Control Application requesting amendment to the existing Site Plan Agreement for the property known municipally as 5 Bridge Street, Port Burwell. The application was deemed complete by Planning staff on December 11, 2023. The existing Site Plan Agreement is Agreement No. 0729, approved by By-law No. 2020-048 on May 11, 2020. In addition and also on May 11, 2020, Council approved by By-law No. 2020-049 a Development Agreement associated with the Site Plan Agreement for same. This Development Agreement is Agreement No. 0730 in the Municipality’s files. Both of these Agreement were made between the Municipality and Long Point Region Conservation Authority (LPRCA) as they were in the Owners of the lands at the time. Since the Agreements were entered into, 552855 Ontario Ltd. has purchased the lands from the LPRCA and is now seeking Site Plan Amendment. DISCUSSION 552885 Ontario Ltd. is requesting amendment to the existing Site Plan Agreement in support of a land consolidation. They are seeking to formally recognize the inclusion of a severed potion of the adjacent lands to the north-west of their property, defined as Part of RP 11R11041 through Consent Application E21023, which was granted by the Elgin County Land Division Committee on May 24, 2023. A Site Plan Amendment is a condition of their consent application. The current Site Plan Agreement is to be amended to add revised drawings and add one additional drawing showing the Additional Lands to be consolidated. The Additional Lands are to be used as boat and trailer storage with no proposed outbuildings, fences, pads, or paved driveways being proposed at this time. The current Site Plan Agreement has been addressed, except for a future water upgrade on the existing water service in the lower lands. The amendments also include an extension of the deadline for completion of these water upgrades to December 15, 2025. No changes to the previously-submitted Lot Grading and Drainage Plan was considered for this amendment due to the relatively minor scope of work. As the CAO is the delegated authority for Site Plan Control approval, the amending Agreement is attached for information purposes only. However, the Development Agreement amendments must be adopted by Council by by-law. This amending Agreement is also attached. Amendments were needed to update the nature of the drawings attached to the Agreement. ATTACHMENTS 1. Site Plan Control Application – 552855 Ontario Ltd. o/a Big Otter Marina and Campground, 5 Bridge Street, Port Burwell 2. Site Plan Amending Agreement between The Corporation of the Municipality of Bayham and 552855 Ontario Ltd. o/a Big Otter Marina and Campground, 5 Bridge Street, Port Burwell 3. Amending Development Agreement between The Corporation of the Municipality of Bayham and 552855 Ontario Ltd. o/a Big Otter Marina and Campground, 5 Bridge Street, Port Burwell 4. Draft By-law No. 2023-093, being a by-law to authorize the execution of a development agreement between 552855 Ontario Ltd. and The Corporation of the Municipality of Bayham RECOMMENDATION 1. THAT Report CAO-67/23 re Amendment to Site Plan Agreement and Development Agreement – 552855 Ontario Ltd. o/a Big Otter Marina and Campground – 5 Bridge Street, Port Burwell (Application No. SPA-06/23) be received for information; 2. AND THAT the appropriate by-law to amend the existing Development Agreement be brought forward for Council’s consideration. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer 1 SCHEDULE “A” TO BY-LAW NO. ___________ DEVELOPMENT AMENDING AGREEMENT MADE UNDER SECTION 41 OF THE PLANNING ACT, R.S.O. 1990 THIS AGREEMENT made this ______ day of ______________________ 2023. BETWEEN: 552855 ONTARIO LTD. (Hereinafter called the “Owner”) OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the “Municipality”) OF THE SECOND PART WHEREAS the Owner represents that it is the owner of the lands described as being Part of Lot 11 & 12, Concession 1 Bayham, and being all of the P.I.N. identified as P.I.N. 35322-0241 (LT), in the Registry Office for the Land Titles Division of Elgin (No. 11); AND WHEREAS the Municipality has enacted a Site Plan Control Area By-law pursuant to the provisions of Section 41 of the Planning Act, R.S.O. 1990, C. P.13, as amended, which By-law affects the lands as described above; AND WHEREAS by Agreement dated May 11, 2020 and registered in the Registry Office for the Land Titles Division of Elgin (No. 11) on the 9th day of September 2020 as Instrument No. CT186358, the Owner of the subject lands being the Long Point Region Conservation Authority (LPRCA) entered into a Development Agreement (the “Development Agreement”) with the Municipality with respect to the development of the subject lands; AND WHEREAS the Long Point Region Conservation Authority sold the lands on February 25, 2021 to 552855 Ontario Ltd., it is understood that the original Development Agreement applies to the lands; AND WHEREAS the current Owner has requested to amend the Development Agreement No. 0730, to which the Municipality has agreed, for the purpose of allowing an addition of lands described as being Part 1 of Registered Plan 11R-11041 to the existing property through Consent Application E21-23 granted by the Elgin County Land Division Committee on May 24, 2023; AND WHEREAS this agreement (the “Development Amending Agreement”) shall be registered against the lands described above and the Municipality is entitled to enforce the provisions hereof against the Owner and, subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the land in accordance with Subsection (10) of Section 41 of the Planning Act, R.S.O. 1990, as amended; NOW THEREFORE WITNESSETH THAT in consideration of the premises and the sum of ONE ($1.00) DOLLAR paid to the Municipality by the Owner (the receipt whereof is hereby acknowledged) and in consideration of the Municipality approving the Plans and Drawings for the development of lands described herein, the Owner covenants and agrees with the Municipality as 2 follows: 1. The second recital of the Development Agreement is hereby deleted and replaced with the following: AND WHEREAS the Owner intends to expand the existing campground and marina in accordance with the Conceptual Site Plans attached hereto, as Attachments “B1” “B2” “B3” “B6” “B7” and “B8” (hereafter referred to as the “Plan”); 2. Section 13 of the Development Agreement is hereby deleted and replaced with the following: “13. Attachments; Attachment “A” – Lands Description Attachment “B1” –Proposed Site and Servicing Plan A C100 Attachment “B2” –Proposed Site and Servicing Plan B C101 Attachment “B3” –Grading Plan C102 Attachment “B4” –Existing – Site Plan A Attachment “B5” – Existing – Site Plan B Attachment “B6” – Fire route Plan A Attachment “B7” – Fire route Plan B Attachment “B8” – C102 Additional Lands for boat and Trailer Storage 3. The attachments to the Site Plan Agreement are hereby amended as follows: a. Attachment “B1” to the Development Agreement is hereby deleted and replaced with Attachment “B1” Proposed Site and Servicing Plan A Rev No. 7 2023.12.04 to this Amending Agreement. b. Attachment “B2” to the Development Agreement is hereby deleted and replaced with Attachment “B2” Proposed Site and Servicing Plan B Rev No. 7 2023.12.04 to this Amending Agreement. c. A new Attachment “B8” Additional Lands Rev No. 1 2023.12.04 attached to this Amending Agreement is hereby added. 4. Save and except those amendments, additions or deletions specifically identified in this Amending Agreement, the Development Agreement registered in the Registry Office for the Land Titles Division of Elgin (No. 11) on the 9th day of September 2020, as Instrument Number CT 186358 shall remain in full force and effect. IN WITNESS WHEREOF The Owner has hereunto set his hand and the Municipality has hereunto affixed its corporate seal under the hands of its Chief Administrative Officer or Designate. SIGNED, SEALED, AND DELIVERED in the presence of ) 552855 ONTARIO LTD. ) o/a Big Otter Marina and Campground ) ) ___________________________ ) _________________________________ Witness ) Darryl Propper, President ) ) 3 ) I have authority to bind the Corporation. ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ) ) ) ) _________________________________ ) Ed Ketchabaw, Mayor ) ) ) _________________________________ ) Meagan Elliott, Clerk ) ) We have authority to bind the Corporation. 4 ATTACHMENT “B1” Proposed Site and Servicing Plan A ATTACHMENT “B2” Proposed Site and Servicing Plan B ATTACHMENT “B8” Additional Lands 2 TALBOT STREET NORTH(519) 426-6270SIMCOE, ONTARIO N3Y 3W4G. DOUGLAS VALLEE LIMITEDBIG OTTER MARINA CAMPGROUND5 BRIDGE STREET, PORT BURWELLBAYHAM - ELGIN COUNTYPROPOSED SITE AND SERVICING PLAN A19-051C100····SUBMISSIONNOT TO BE USEDFOR CONSTRUCTIONTRUE NORTHCONSTRUCTIONNORTH ∅∅2 TALBOT STREET NORTH(519) 426-6270SIMCOE, ONTARIO N3Y 3W4G. DOUGLAS VALLEE LIMITEDBIG OTTER MARINA CAMPGROUND5 BRIDGE STREET, PORT BURWELLBAYHAM - ELGIN COUNTYPROPOSED SITE AND SERVICING PLAN B19-051C101SUBMISSIONNOT TO BE USEDFOR CONSTRUCTIONTRUE NORTHCONSTRUCTIONNORTH 2 TALBOT STREET NORTH(519) 426-6270SIMCOE, ONTARIO N3Y 3W4G. DOUGLAS VALLEE LIMITEDBIG OTTER MARINA CAMPGROUND5 BRIDGE STREET, PORT BURWELLBAYHAM - ELGIN COUNTYADDITIONAL LANDS19-051C102SUBMISSIONNOT TO BE USEDFOR CONSTRUCTIONTRUE NORTHCONSTRUCTIONNORTH THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-093 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN 552855 ONTARIO LTD. 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 2022-046 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 also enter into a Development Agreement with 552855 Ontario Ltd.; 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 Development Agreement between The Corporation of the Municipality of Bayham and 552855 Ontario Ltd. 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 21st day of December 2023. READ A THIRD TIME AND FINALLY PASSED this 21st day of December 2023. _____________________________ ___________________________ MAYOR CLERK REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: December 21, 2023 REPORT: CAO-68/23 SUBJECT: AGREEMENT WITH ARCADIS FOR THIRD-PARTY PLANNING SERVICES BACKGROUND The Municipality of Bayham receives third-party planning services from Arcadis Professional Services Inc. (Arcadis), and previously the former IBI Group. In 2023, IBI Group was acquired by Arcadis and the responsibility shifted. Additionally, the previous primary IBI planning contact, Paul Riley, as left the organization for other ventures. Both of the above changes have given way to a review of the arrangement between Bayham and Arcadis for third-party planning support. Historically, the arrangement between Bayham and Arcadis (predecessor, IBI) was conducted with a formal agreement on file to identify the services, obligations, and hourly rate of certain applicable planning support persons. This Report is intended to present Council with an Agreement with Arcadis to formalize the arrangement for third-party planning support. DISCUSSION The Agreement as drafted is intended to formalize the arrangement that has historically been active with the Municipality. It identifies key aspects such as the services to be provided by the service provider, Arcadis, and the hourly rates for services rendered, to be invoiced and paid by Bayham. The Agreement is flexible in that there is no explicit term noted in the Agreement or terms, nor is there the requirement for Bayham to use Arcadis for planning services should another option, such as a shared planning arrangement with an adjacent municipality or County, become viable. It is expected that entering into the Agreement as presented will not change the working relationship with Arcadis. This Agreement is before Council for consideration with the recommendation to adopt. Staff have been working with the planners at Arcadis to strategize for a few upcoming policy updates, including: 5-year Official Plan Review, including launch Zoning By-law Review Update to the Municipality’s Energy Demand Plan and Local Action Plan o Last updated by IBI Group This Agreement is required to be in place prior to formal works commencing on these special projects. ATTACHMENTS 1. Draft Agreement – Municipality of Bayham and Arcadis RECOMMENDATION 1. THAT Report CAO-68/23 re Agreement with Arcadis for Third-Party Planning Services be received for information; 2. AND THAT the appropriate by-law to authorize an Agreement between the Municipality of Bayham and Arcadis be brought forward for Council’s consideration. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer Arcadis Professional Services (Canada) Inc. 101-410 Albert Street Waterloo, Ontario N2L 3V3 Phone: 519 585 2255 www.arcadis.com October 31, 2023 Municipality of Bayham 56169 Heritage Line PO Box 160 Staffordville, ON N0J 1Y0 Attention: Mr. Thomas Thayer, MSc, CMO, AOMC, Chief Administrative Officer Dear Mr. Thayer: PROPOSAL FOR PLANNING SERVICES MUNICIPALITY OF BAYHAM Further to our meeting with yourself and Margaret Underhill, we are pleased to provide you (the “Client”) with this Agreement for as needed retainer planning services to provide for the day-to-day inquiries and special projects professional advice and services on land use planning matters to the municipality. We thank you for this ongoing opportunity and look forward to continuing to work with you. Arcadis Professional Services (Canada) Inc. (“Arcadis”) (previously IBI Group Professional Services (Canada) Inc., (“IBI Group)) is a global team of dedicated and experienced architects, engineers, planners, designers, and technology professionals who share a common desire – to help our clients create liveable, sustainable and advanced urban environments. While Arcadis is a global company, our strength is the integration of this global experience with the local knowledge made possible through our local offices. We service our clients where they are. Our Ontario offices are located in London, Waterloo, Hamilton, Richmond Hill, Toronto, Kingston and Ottawa. 1. Our Understanding Previously, IBI Group (now Arcadis) provided professional planning advice and services on land use planning matters to the municipality related to day-to-day general inquiries as well as for special projects,. At our meeting, it was acknowledged that a formal agreement did not exist and that it was the desire of the municipality for a formal agreement based on the existing arrangement of providing planning services to the municipality. We believe the current approach is working well and we appreciate the efforts of municipal staff. Generally, there are four areas of service identified by the Planning Coordinator/Deputy Clerk (Margaret Underhill) where Arcadis would continue to support the municipality for planning services. Our work would continue to be based on a formal request that typically comes from the Planning Coordinator/Deputy Clerk. The four areas of service are as follows: 1. General Planning Inquiries: Planning information related to inquiries from a resident, a developer, municipal staff or Council. 2. Planning Act Application Review: Preparation of Legislated Notices, Information for Statutory Public Meeting, Planning Opinion/Recommendations related to Planning Act Application. ARCADIS PROFESSIONAL SERVICES (CANADA) INC. MUNICIPALITY OF BAYHAM – PLANNING SERVICES – OCTOBER 31, 2023 2 3. Special Projects: May include: Consolidation of the Official Plan, Official Plan Review, Consolidation Zoning By- Law, Update of Municipal Forms/Guides related to legislative policy and procedural changes, Subdivision and Site Plan Agreements. 4. Coordination We would meet with the Planning Coordinator/Deputy Clerk virtually every two weeks to review and coordinate work to ensure we address municipal requirements in a timely manner. Arcadis would continue to provide a dedicated Planner to the municipality together with support from other resources to ensure for the delivery of services. Mr. William Pol would continue to serve as a supporting planning advisor when required. Where necessary, we would provide a Registered Professional Planner (OPPI) as witness to an appeal of a decision to an appeal of a municipal decision to the Ontario land Tribunal. If we were requested by municipal staff to formally partake in OLT appeal proceedings and attend the Hearing to provide professional planning witness to the OLT, this is agreed to be a separate service not covered by the 4 services above. In these cases, a separate work plan and budget for specific OLT services shall be provided so the municipality can acknowledge these services and related costs. Where the municipality deems it required, Arcadis would attend meetings either in-person or virtually to support the planning services. 2. Our Services In support of your project, Arcadis will provide you with the following services and deliverables (collectively, the “Services”): ACTIVITY A PROFESSIONAL PLANNING SERVICES Task A1 General Planning Inquiries We would review each request forwarded by the municipality based on provincial, county, and municipal planning policies and provide a written planning response/opinion. Should the municipality deem that a Pre-Submission Consultation Application is required on a specific matter, our review and analysis work would be allocated to this task. Task A2 Planning Act Applications Review Planning Act applications would include: Official Plan Amendment Zoning By-Law Amendment Draft Plan of Subdivision/Draft Plan of Condominium Consent Application Minor Variance Application Other Applications -To be identified (i.e., Part Lot Control Exemption By-Law) Upon receipt of an application, we would assist you to determine if the application submission can be deemed “complete” and in accordance with the prior Pre-submission Application comments to the applicant. We would prepare where required by legislation and applicable the formal Notice(s) for the above noted Planning Act applications. We would review each application forwarded by the municipality based on provincial, county, and municipal planning policies/legislation, provide a written planning opinion and where applicable recommended conditions of approval. We would prepare where required for adoption the draft Official Plan Amendment. We would prepare where required for approval a draft Zoning By-Law Amendment. ARCADIS PROFESSIONAL SERVICES (CANADA) INC. MUNICIPALITY OF BAYHAM – PLANNING SERVICES – OCTOBER 31, 2023 3 Upon request by the municipality, we would attend either virtually or in-person Committee/Council Meeting in support of our planning opinion and recommendations.. Task A3 Coordination We would meet with the Planning Coordinator/Deputy Clerk every two weeks virtually to review work completed, identify timelines and requirements for current work and to discuss any issues/concerns with applications. Should additional Coordination Meetings be required they would be scheduled through the Planning Coordinator/ Deputy Clerk. Task A4 Special Projects Upon a request by the municipality, we would prepare a detailed work plan, timelines and budget for the completion of the identified special project that may arise from time to time and prior to initiating the work. We would work with the municipality to identify the resources necessary to undertake the work and a Project Manager to ensure coordination and communication. 3. Your Schedule Our Services will be delivered to you on the following schedule (the “Schedule”): We will continue to provide professional planning services on an “as needed” basis upon receipt of the signed contract. 4. Payment Based on the Schedule and the Services you will pay us on the following basis for the above noted services based on Table 1 – 2024 billable rates which may be adjusted on an annual basis and Table 2 – Budget Type: Table 1 – 2024 Billable Rates Staff 2024 Hourly Rate Senior Planner $160.00 Planner $125.00 Technician $100.00 Administration $80.00 Table 2 – Budget Type ACTIVITY/TASK DESCRIPTION ESTIMATED FEE (Time and Materials Basis)* ACTIVITY A LAND USE PLANNING SERVICES Task A1 General Planning Inquiries Time and Materials Task A2 Planning Act Application Review Time and Materials Task A3 Coordination Time and Materials Task A4 Special Projects Subject to Scope of Work and Budget TOTAL (Excluding Expenses and HST) Time and Materials *As noted in the Tables One and Two above save and except Task A4, all Labour is to be undertaken on a Time and Materials basis given the uncertainty for the time and effort needed to complete the tasks. You agree to pay Arcadis Professional Services (Canada) Inc. on a Time and Materials basis as outlined in the above noted Table One and Two save and except Task A4, plus expenses and applicable taxes. Per standard practice, Arcadis’ fees are subject to increase. It is also agreed that Arcadis will on an annual basis, apply an indexed cost of living percentage increase to the staff positions hourly rate noted in Table 1 above and to the car mileage expense charge out rate per kilometre noted below. ARCADIS PROFESSIONAL SERVICES (CANADA) INC. MUNICIPALITY OF BAYHAM – PLANNING SERVICES – OCTOBER 31, 2023 4 Expenses such as prints, photocopying, delivery charges, airfare, long distance telephone charges, total station, photographs, etc., are to be charged as disbursements in addition to fees. Car mileage expenses are charged out at 68 cents per kilometre for all travels associated with this project. We invoice for payment on a monthly basis. Payment of our invoices is due within twenty-eight (28) days of your receipt of our invoice. 5. Designated Representatives: ARCADIS REPRESENTATIVE CLIENT DESIGNATED REPRESENTATIVE Mr. Christian Tsimenidis, BES Urban Planner Arcadis Professional Services (Canada) Inc. 101-410 Albert Street Waterloo ON, N2L 3V3 Phone: 519-585-2255 x 63256 Email: christian.tsimenidis@arcadis.com Ms. Margaret Underhill Planning Administrator/Deputy Clerk Municipality of Bayham 56169 Heritage Line PO Box 160 Staffordville, ON N0J 1Y0 Phone: 519-886-5521 x222 Email: munderhill@bayham.on.ca The other terms relating to this project are set out in our Standard Terms & Conditions, as attached. We look forward to working with you. Yours truly, ARCADIS PROFESSIONAL SERVICES (CANADA) INC. Name: Douglas Stewart, MCIP, RPP Name: Victor Labreche, MCIP RPP Title: Associate Manager – Urban and Regional Planning Title: Associate Principal Practice Lead, Planning If this accurately sets out our understanding and is acceptable to you, please indicate your agreement by signing in the space below. Agreed to and accepted effective the date of this Agreement. MUNICIALITY OF BAYHAM Name: Name: Title: Title: I/We have the authority to bind the Municipality of Bayham. https://ibigroup.sharepoint.com/sites/Projects2/3404/Shared Documents/1.0 Contracts & Proposals/PTP_Bayham_PlanningServices_2023-10-31.docx\2023-10-31\BW 1 - ShortFormConsultingServicesAgreement-Version3 Page 1 STANDARD TERMS & CONDITIONS 1. CLIENT RESPONSIBILITIES. Client’s Designated Representative is authorized to act on its behalf and all direction shall be by or through such designated representative. Client shall examine documents submitted by Arcadis and shall render decisions promptly, to avoid delay in the progress of Services. Client shall furnish Arcadis all existing available information, including reports, studies, testing results, operating records, existing plans, and other data pertinent to the Project, in a timely manner, and Arcadis shall be entitled to rely on it. As applicable, Client shall ensure Arcadis is afforded access to enter upon public and private land as required for the performance of the Services. Client shall instruct the making of applications for any consents or permits or other applicable applications required in connection with the Services and shall pay any charges, fees, expenses and disbursements in respect thereof. 2. STANDARD OF CARE. In the performance of the Services, Arcadis will use that level of care and skill ordinarily exercised by reputable members of Arcadis’ profession currently practicing in the same locality under similar conditions. No other representation, guarantee, or warranty, express or implied, is included or intended in this Agreement, or in any communication (written or oral), report, opinion, document, or instrument of service. Client acknowledges and agrees that nothing herein shall be construed as creating a fiduciary duty owed by Arcadis. 3. PAYMENT Arcadis’ fees and expenses will be paid in accordance with this Section 3 of the Agreement and Client represents and warrants that any payment to Arcadis hereunder is not contingent upon Client’s receipt of monies by any third party. Client will, subject to Arcadis’ performance of its obligations under this Agreement, pay Arcadis for the provision of the Services, plus applicable taxes, as set out in the Agreement. Arcadis’ unpaid invoices will bear interest calculated monthly at the rate of twelve (12) percent per annum, commencing twenty-eight (28) days after the date that Arcadis submits its invoice Arcadis reserves the right, without penalty, to discontinue Services and or terminate this Agreement in the event of non- payment. Arcadis’ fees and expenses are secured upon and run with title to the lands. 4. SUSPENSION OR TERMINATION. Either party may, by notice in writing to the other party, suspend or terminate the Services or any portion thereof at any stage of the project. Upon receipt of such written notice, Arcadis shall perform no further Services other than those reasonably necessary to close out the Services. In the event of a suspension or termination, Arcadis shall be entitled to payment for all work completed, plus reasonable close-out costs. The limitation of liability and indemnity obligations in this Agreement shall survive any suspension or termination of this Agreement. 5. PROBABLE COSTS. Arcadis does not guarantee the accuracy of probable costs for providing Services hereunder. Such probable costs represent only Arcadis' judgment as a professional entity and are supplied only for the general guidance of Client. 6. INDEMNIFICATION: Arcadis shall indemnify and hold harmless Client from and against claims, actions, losses, expenses, costs or damages (the “Claims”) which Client, its directors, officers, employees, or agents may suffer, only to the extent Arcadis is legally liable as a result of the negligent acts of Arcadis, its employees, officers or agents in the performance of this Agreement. Client agrees to indemnify and hold harmless Arcadis from and against Claims, which Arcadis, its directors, officers, employees, or agents may suffer arising out of or in any way connected with the presence, discharge, release or escape of contaminants of any kind, excluding only such liability as may arise out of the negligent acts of Arcadis in the performance of this Agreement. 7. LIMITATION OF LIABILITY. Notwithstanding any other provision of this Agreement, the total liability of Arcadis, its directors, officers, employees and agents for liabilities, Claims, judgments, demands and causes of action arising under or related to this Agreement, whether based in contract or tort, shall be limited to the total compensation actually paid to Arcadis for the Services or $500,000, whichever is less. All claims by Client shall be deemed relinquished unless filed within one (1) year after substantial completion of the Services. No party shall be liable for any consequential, incidental, indirect, special or punitive damages, damages related to loss of profit, loss of use in any way related to this Agreement. 8. INSURANCE. Arcadis will maintain insurance for this Agreement in the following types: 1) workers’ compensation insurance at statutorily required levels; 2) general and professional liability insurance; and 3) automobile liability insurance for bodily injury and property damage. 9. RESPONSIBILITY. Arcadis is not responsible for the completion or quality of work that is dependent upon or performed by Client or third parties not under the direct control of Arcadis, nor is Arcadis responsible for their acts or omissions or for any damages resulting therefrom. 1 - ShortFormConsultingServicesAgreement-Version3 Page 2 10. RELATIONSHIP OF PARTIES. Arcadis will have no authority to contractually bind Client or to assume or create any legal obligation or responsibility, express or implied, on behalf of Client. Nothing in this Agreement will have the effect of creating a partnership, agency or employment relationship between Client and Arcadis or any of Arcadis’ directors, officers, partners, agents, employees, affiliates, subconsultants or volunteers. 11. EXCLUSIVE USE. Services provided under this Agreement, including all reports, designs, information or recommendations prepared or issued by Arcadis (the “Instruments”), are for the exclusive use of Client and only for the purpose specified. No other use is authorized under this Agreement. Client will not distribute or convey the Instruments to any person other than those identified in the project description without Arcadis' prior written approval. Client releases Arcadis from liability and agrees to indemnify and hold harmless Arcadis from Claims, arising, in whole or in part, from such unauthorized distribution or any unauthorized use. 12. SUBCONTRACTING AND ASSIGNMENT. Neither party shall assign its interest in this Agreement without the prior written consent of the other. Except for subcontracting to an affiliate, Arcadis shall not subcontract any Services without the prior written consent of the Client. 13. CONFIDENTIAL INFORMATION. Arcadis shall not divulge any specific information identified as confidential, communicated to or acquired, or disclosed by Client in the course of carrying out the Services. No such information shall be used by Arcadis on any other project without the written approval of Client. These obligations of confidentiality shall not apply to information which is in the public domain; which is provided to Arcadis by a third party without obligation of confidentiality; which is independently developed by Arcadis without use of Client's information; or which is required to be disclosed by law or by court order. 14. INTELLECTUAL PROPERTY. Arcadis retains ownership of all right, title and interest (including copyright) in and to the intellectual property it provides through this Agreement. Nothing in these Terms and Conditions constitutes a transfer or conveyance of any right, title or interest in the intellectual property, except the limited license to use it for its intended purpose, which includes the general maintenance and management of the asset or project. 15. SUCCESSORS and ASSIGNS. This Agreement shall be binding upon the parties, their partners, successors, assigns and legal representatives. 16. AMENDMENT. This Agreement may be amended or modified only by written instrument executed by authorized representatives of both Client and Arcadis. 17. SEVERABILITY. If any provision of this Agreement is for any reason held invalid or unenforceable, such provision shall be deemed separate and shall not affect the validity of the remaining provisions of this Agreement. 18. GOVERNING LAW. This Agreement and legal actions concerning its validity, interpretation and performance shall be governed by and interpreted in accordance with the laws of the jurisdiction in which the project is located; and it is further agreed by the parties that any legal action arising under this Agreement will be brought in a court of competent jurisdiction in such jurisdiction. 19. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favour of a third party against either Client or Arcadis. The Services under this Agreement are being performed solely for the Client’s benefit, and no other party or entity shall have any claim against Arcadis because of this Agreement or the performance or non-performance of Services hereunder. Client and Arcadis agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in the project to carry out the intent of this provision. 20. PROMOTIONAL ACTIVITIES. Client approves Arcadis to (i) undertake reasonable promotional activities, (ii) post signage and billboards at project locations, and (iii) brand all deliverables hereunder, in each case related to the provision of the Services by Arcadis under this Agreement. 21. FORCE MAJEURE. In the event either party is unable to perform its obligations under the terms of this Agreement because of causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. 22. ENTIRE AGREEMENT. This Agreement, including attachments incorporated by reference, represents the entire agreement between Arcadis and Client and supersedes all prior negotiations, representations, or agreements, either written or oral. Client agrees that its use of any purchase order or other form to procure Services is solely for administrative purposes and in no event shall Arcadis be bound to any terms and conditions on such form regardless of its signature on or reference to such form. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-090 A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY WHEREAS Section 317 of The Municipal Act, 2001, Chapter 25, S.O. 2001, as amended, provides for an interim levy for 2024 on the assessment of property in the municipality rateable for local municipal purposes, subject to certain restrictions; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable and expedient that such a levy should be made; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT for the year 2024, the interim tax levying amounts to be levied, raised and collected on all real property taxable within the residential, farmland, pipeline, multi- residential, commercial and industrial classes, and liable to pay the same according to the last revised assessment roll, shall be fifty (50) percent (%) of the total amount of annualised taxes for municipal and school purposes levied on the property for the previous year, that is for the year 2023; 2. THAT the said interim tax levying amounts shall be due and payable in two instalments at the Municipality of Bayham Office at 56169 Heritage Line, Straffordville, on or before the following dates: FIRST INSTALMENT February 29, 2024 SECOND INSTALMENT May 31, 2024 Notice of such taxes due shall be sent by first class mail by the Tax Collector to those persons or firms liable for the payment of taxes; 5. THAT a charge as a penalty of one and one-quarter per cent on the amount of any outstanding taxes levied in 2024 shall be made on the first day of each calendar month thereafter in which default continues, until December 31st 2024, and any such additional amount shall be levied and collected in the same manner as if it had been originally imposed with and formed part of such levy; 6. THAT interest of one and one-quarter per cent on the amount of any taxes due and unpaid after December 31, 2024, shall be charged on the first day of each calendar month thereafter in which the default continues; 7. THAT taxes may be levied, in accordance with the provisions of this by-law on the assessment of property that is added to the assessment roll after this by-law is passed; By-law 2023-090 -2- 8. THAT the provisions of the Municipal Act with respect to the levy of the yearly rates and the collection of taxes apply mutatis mutandis to the levy of rates and collection of taxes under this by-law; 9. THAT this by-law shall become effective as of the 1st day of January 2024. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF DECEMBER 2023. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-091 BEING A BY-LAW TO AUTHORIZE BORROWING FROM TIME TO TIME TO MEET CURRENT EXPENDITURES DURING THE FISCAL YEAR ENDING DECEMBER 31, 2024 WHEREAS the Municipal Act, 2001 S.O. 2001, Chapter 25, s.407, provides authority for a council by-law to authorize temporary borrowing, until taxes are collected, and until other revenues are received, to meet the current expenditures of the municipality for the year; AND WHEREAS the total amount which may be borrowed from all sources at any one time to meet the current expenditures of the municipality, except with the approval of the Ontario Municipal Board, is limited by Section 407 of the Municipal Act, 2001; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: Borrowing 1) The head of Council and the Treasurer are hereby authorized to Authority borrow from time to time by way of promissory note or bankers’ acceptance during the year 2024 (hereinafter referred to as the current year) such sums as may be necessary to meet, until the taxes are collected, and until other revenues are received, the current expenditures of the municipality and the other amounts that are set out in section 407 of the Municipal Act, 2001. Instruments 2) A promissory note or bankers’ acceptance made under Section 1 shall be signed by the head of Council or such other person as is authorized by by-law to sign it and by the Treasurer. Lenders 3) The lenders from whom amounts may be borrowed under authority of this by-law shall be the Royal Bank of Canada and such other lender(s) and reserve funds of the municipality as may be determined from time to time by resolution of the Council. Limit on 4) The total amount which may be borrowed at any one time under Borrowing this by-law, together with the total of any similar borrowings that have not been repaid, shall not exceed, from January 1st until September 30th of the current year, 50 percent of the estimated revenues of the municipality as set forth in the estimates adopted for that year. Such borrowing shall not exceed, from October 1st until December 31st of the current year, 25 percent of the said estimated revenues of the municipality as set forth in the estimates adopted for that year. For purposes of this by-law, the estimated revenues of the municipality shall not include revenues derivable or derived from B/L 2023-091 -2- (a) borrowings or issues of debentures, or (b) a surplus, including arrears of levies, or (c) a transfer from the capital fund, reserve funds or reserves. Borrowing 5) The Treasurer shall, at the time when any amount is borrowed Documents under this by-law, ensure that the lender is or has been furnished Required with a certified copy of this by-law, a certified copy of the resolution mentioned in Section 3 determining the lender if applicable and a copy of the estimates of the corporation adopted for the current year and also showing the total of any other amounts borrowed from any and all sources under authority of Section 407 of the Municipal Act, 2001 that have not been repaid. When 6) If the estimates for the current year have not been adopted at the Estimates Not time an amount is borrowed under this by-law. Adopted (a) the limitation on total borrowing shall be calculated for the time being upon the estimated revenues of the municipality as set forth in the estimates adopted for the previous year. The 2024 estimated amount of revenues applicable to the limitation on total borrowing is $12.3m. Charge on 7) All or any sums borrowed under this by-law shall, with interest Revenues thereon, be a charge upon the whole of the revenues of the municipality for the current year and for any preceding years as and when such revenues are received but such charge does not defeat or affect and is subject to any prior charge then subsisting in favour of any other lender. Directive to 8) The Treasurer is hereby authorized and directed to apply in Treasurer payment of all or any sums borrowed under this by-law, together with interest thereon, all or any of the money hereafter collected or received, either on account of or realized in respect of the taxes levied for the current year and preceding years or from any other source, which may lawfully be applied for such purpose. Effective Date 9) This by-law shall come into full force and effect the 1st day of January, 2024. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF DECEMBER 2023. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-092 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SUBDIVISION AGREEMENT BETWEEN 1985763 ONTARIO INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR THE DEVELOPMENT OF A PLAN OF SUBDIVISION, KNOWN AS THE SANDYTOWN ROAD SUBDIVISION, VILLAGE OF STRAFFORDVILLE, MUNICIPALITY OF BAYHAM. THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the agreement affixed hereto as Schedule “A”, being a subdivision agreement with 1985763 Ontario Inc., is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the agreement is to be registered on title to the lands. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF DECEMBER 2023. ___________________________ _____________________________ MAYOR CLERK 1 SCHEDULE “A” TO BY-LAW NO. 2023-092 SUBDIVISION AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM - and - 1985763 ONTARIO INC. PART OF LOT 123, CONCESSION NTR BAYHAM DESIGNATED AS PART 1, 11R-11079; MUNICIPALITY OF BAYHAM 34T-BY2101 SANDYTOWN ROAD SUBDIVISION 2 INDEX 1. DEFINTIONS AND INTERPRETATION 1.1. DEFINITIONS 1.2. HEADINGS 1.3. SECTION REFERENCES 1.4. PLANS AND SCHEDULES 1.5. SEVERABILITY 1.6. FINAL AUTHORITY 1.7. EFFECTIVE RESPONSIBILITY 1.8. APPLICABLE PROVINCIAL STATUTES 2. REGISTRATION OR TERMINATION 2.1. FINAL CONSENT BY THE MUNICIPALITY 2.2. REGISTRATION OF AGREEMENT 2.3. EARLY TERMINATION OF AGREEMENT AND OBLIGATIONS 2.4. PRE-REGISTRATION SERVICING 3. MUNICIPAL SERVICES BY THE SUBDIVIDER 3.1. CONSULTING ENGINEERS 3.2. MUNICIPAL SERVICES 3.3. STORMWATER MANAGEMENT a) EXISTING DRAINS b) STORMWATER MANAGEMENT DURING DEVELOPMENT c) STORMWATER MANAGEMENT FACILITIES d) MAINTENANCE OF EXISTING STORMWATER MANAGEMENT FACILITIES 3.4. SANITARY SEWAGE a) WASTEWATER PUMPING STATON 3.5. NECESSARY EXTERNAL SERVICES 3.6. PARKLAND CONTRIBUTION ACKNOWLEDGMENT 3.7. TIME OF CONSTRUCTION 4. FINANCIAL OBLIGATIONS 3 4.1. SUBDIVIDER EXPENSE 4.2. FEES/DEPOSITS PAYABLE TO THE MUNICIPALITY 4.3. SERVICING COST SUMMARY, INFRASTRUCTURE 4.4. SECURITY FOR PERFORMANCE 4.5. INDEMNIFICATION AND INSURANCE 4.6. DEVELOPMENT CHARGES 4.7. TAXES 4.8. INTEREST PAYABLE 4.9. ADJUSTMENT OF MUNICIPALITY ENGINEERING FEE 5. LANDS AND EASEMENTS PROVIDED BY SUBDIVIDER 5.1. DEDICATION OF FUTURE STREETS 5.2. CONVEYANCES BY SUBDIVIDER 6. GRADING OF LOTS AND STREET 6.1. ADHERENCE TO GRADING PLANS 6.2. LOT GRADING PLANS 6.3. GRADING CERTIFICATION 7. LOT DEVELOPMENT 7.1. ZONING BY-LAW 7.2. BUILDING PERMITS 7.3. LOT DEVELOPMENT PLANS 7.4. MODEL HOMES 7.5. OCCUPANCY OF UNITS 7.6. BUILDING COVENANT – NO DUPLICATION 8. NOTICES AND FURTHER REQUIREMENTS 8.1. STREET PARKING RESTRICTIONS 8.2. COMMUNITY MAILBOXES 8.3. FUTURE SIDEWALK CONNECTIVITY 8.4. SCHOOL ASSIGNMENT – THAMES VALLEY DISTRICT SCHOOL BOARD AND LONDON DISTRICT CATHOLIC SCHOOL BOARD 8.5. ARCHAELOGICAL ASSESSMENT 8.6. GROUNDWATER/SOILS TESTING 4 9. SPECIAL PROVISIONS 9.1 STREET NAMES 9.2 MULTI-WELL PUMPING TEST 10. CONSTRUCTION AND APPLICABLE STANDARDS 10.1. CONSTRUCTION CONTRACT(S) APPROVAL 10.2. INSPECTION AND ENTRY 10.3. USE OF PUBLIC HIGHWAY 10.4. LIENS 10.5. STANDARDS APPLICABLE TO SERVICE INSTALLATIONS a) ROAD DESIGN AND CLASS OF ROADS b) SOIL CERTIFICATES – ROADS AND UNDERGROUND SERVICES c) TREE PLANTING d) TEMPORARY TURN AROUND DESIGN e) SANITARY SEWER SYSTEM i. SEPARATION ii. INSPECTION RECORD 11. FURTHER COVENANTS 11.1. DEFAULT 11.2. REPAIR OF SERVICES 11.3. MUNICIPALITY PERFORMING WORKS 11.4. MAINTENANCE OF SERVICES 11.5. ALLOCATION OF SEWAGE AND WATER CAPACITY 11.6. VEHICLE CLEANING OBLIGATIONS 12. SUBSTANTIAL COMPLETION AND ASSUMPTION 12.1. CERTIFICATE OF SUBSTANTIAL COMPLETION 12.2. WARRANTY PERIOD 12.3. CERTIFICATE OF ASSUMPTION 12.4. NO WINTER INSPECTION 5 13. GENERAL PROVISIONS 13.1. TIME IS OF THE ESSENCE 13.2. NOTIFICATION 13.3. PRIORITY OF MUNICIPALITY ACTIONS 13.4. DELEGATION OF MUNICIPAL RESPONSIBILITIES 13.5. ASSIGNMENT OF OBLIGATION 13.6. ESTOPPEL 13.7. ENTIRETY 13.8. SUCCESSOR OBLIGATIONS AND BENEFIT 13.9. SUCCESSION SUMMARY OF SCHEDULES SCHEDULE “A” - Legal Description SCHEDULE “B1” - Plan of Subdivision – Phase 1 SCHEDULE “B2” - Draft Plan of Subdivision – Phase 2 SCHEDULE “C” - Blocks & Easements to be Transferred by Subdivider SCHEDULE “D” - Engineered Drawings List and Descriptions SCHEDULE “E1” - Estimated Construction Costs Phase 1 SCHEDULE “E2” - Estimated Construction Costs Phase 2 SCHEDULE “E3” - Implementation Schedule – Phase 1 and Phase 2 6 THIS SUBDIVISION AGREEMENT made this 21st day of December 2023. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinafter called the “Municipality” OF THE FIRST PART - and - 1985763 ONTARIO INC. a corporation incorporated under the laws of the Province of Ontario and having its registered office in the Municipality of Bayham in the County of Elgin hereinafter called the “Subdivider” OF THE SECOND PART WHEREAS the Subdivider is the registered and beneficial owner of the lands (hereinafter referred to as the “Lands”) situate in the Municipality of Bayham in the County of Elgin, more particularly described in Schedule “A” attached to and forming part of this Subdivision Agreement; AND WHEREAS the Subdivider and the Municipality have agreed that the development of the Lands, in accordance with the Plan and this Subdivision Agreement, which development, for purposes of development phasing, as evidenced by the Decision of the County of Elgin dated June 28, 2022, File No. 34T-BY2101; AND WHEREAS the Plan proposed by the Subdivider includes a residential subdivision area to be developed in two phases, consisting of Phase 1 Lots 1-13 and Phase 2 Lots 14- 39; AND WHEREAS Subsection 51(26) of the Planning Act, R.S.O. 1990, c. P 13 provides that a municipality may enter into one or more agreements imposed as a condition to the approval of a plan of subdivision and the agreement(s) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions to the agreement against the owner of the lands and subject to the Registry Act, R.S.O. 1990, c. R. 20 and the Land Titles Act, R.S.O. 1990, c. L.5, against any and all subsequent owners; AND WHEREAS the Subdivider has agreed with the Municipality to comply with the Municipality’s requirements with respect to the provision of services in two phases for the lands proposed to be subdivided and other matters as hereinafter set forth; NOW THEREFORE THIS SUBDIVISION AGREEMENT WITNESSETH that the Parties hereto in consideration of other good and valuable consideration and the sum of ON E DOLLAR ($1.00) of lawful money of Canada by each to the other paid (the receipt and 7 sufficiency whereof is hereby by each acknowledged), covenant and agree each with the other as follows: 1. DEFINITIONS AND INTERPRETATION 1.1. DEFINITIONS For purposes of this Agreement the following words and phrases, where capitalized, shall be deemed to have the following meanings: a) “Agreement” means this Agreement made pursuant to Sections 50(3)(a), 51.1 and 51.1(25), (26) of the Planning Act, R.S.O. 1990 c. P 13 as amended including all schedules and amendments hereto; b) “Approval Authority” shall have the same meaning set out in Section 51 of the Planning Act. As the upper tier municipality within which the Lands are located, the County of Elgin is the delegated approval authority under 51(4) of the Planning Act, for purposes of Section 51 of the Planning Act; c) “Assumption” and “Assumed” shall have the meaning set out in the Substantial Completion and Assumption process described in Section 12; d) “Block(s)” mean a Block as identified as such on the Plan; e) “Conservation Authority” means the Long Point Region Conservation Authority and its successors and assigns. f) “Consulting Engineer” means the Registered Professional Engineer or firm of engineers retained by the Subdivider in compliance with 3.1; g) “County” means The Corporation of the County of Elgin and its successors and assigns; h) “Manager” means the Municipality’s Manager of Public Works and the Manager’s assigned designates of the Municipality; i) “Water/Wastewater Operations Manager” means the Manager of Water/Wastewater Operations and Capital Projects. j) “Engineering Drawings” means the Engineering Drawings approved by the Municipality Engineer and attached as Schedules to this agreement; k) “Final Inspection” shall mean the inspection of services performed by or on behalf of the Manager or by the Manager of Public Works where applicable, after the two- year period of Conditional Assumption of services described in Section 12; l) “Lands” means the Lands described in Schedule “A” to this Agreement; m) “Lot” means a Lot identified as such on the Plan; n) “Front-Ended” describes capital facilities, services or works that are partially or wholly for the benefit of lands outside the Plan but are being installed, constructed or otherwise provided and initially paid for by the Subdivider as a requirement of this Agreement with the provision that the Subdivider will have a right to future reimbursement for same as Development Charges or other payments are 8 collected from the owners or developers of the benefiting lands outside the Plan; o) "Necessary External Services” means: (i) services to be constructed by the Subdivider outside of the Lands which are, in the opinion of the Municipality Engineer, necessary for the orderly and efficient development of the Lands, and (ii) also means services located within the Plan which benefit lands outside the Plan but are deemed by the Manager to be necessary to the Plan and are eligible capital costs within the meaning of the Developmental Charges Act S.O. 1997 Chapter 27; p) “Plan” means the Draft Plan of Subdivision, attached hereto and identified as Schedule “B”; q) “Pre-Servicing” and “Pre-Service” means any and all work performed in relation to the construction or installation of any of the Services on the Lands set out in the Engineering Drawings attached as Schedules to this Agreement prior to approval and registration of the Plan and registration of this Agreement; r) “Engineer” shall mean a licensed Professional Engineer who carries current Professional Liability Insurance and holds a current certificate of authorization issued by the Association of Professional Engineers of the Province of Ontario or is employed by a partnership or corporation authorized by the Association of Professional Engineers of Ontario to offer professional engineering services to the public; s) “Services” means any or all of the services required to be provided under this Agreement as shown on the Engineering Drawings attached as Schedules to this Agreement and approved amendments thereto and shall include all earthworks, equipment and structures appurtenant thereto. The term “Services,” where used herein, may mean a service or a part thereof individually, or services or parts thereof collectively, as context requires; t) “Subdivider” is identified above but shall also, where the context permits, mean subsequent owners who receive title to one or more lots and blocks within the Plan before or after development within such lot(s) or block(s); u) “Municipality Engineer” means the Engineer duly authorized and appointed by the Municipality at the relevant time; v) “Municipality's Solicitor” means the solicitor duly authorized and appointed by the Municipality at the relevant time. 9 1.2. HEADINGS The headings to the Sections of this Agreement are for convenience only and are not to be considered a part of this Agreement and do not in any way limit or amplify the terms and conditions of this Agreement. 1.3. SECTION REFERENCES References herein to provisions of this Agreement by numbers and letters shall without further explanation mean the corresponding section, subsection and/or paragraph of this Agreement. 1.4. PLANS AND SCHEDULES The plans and schedules attached hereto and marked as Schedules “A” through “F” are hereby incorporated into and form part of this Agreement. An index naming all Schedules is included at the end of the general index at the front of this Agreement. The Parties agree that Schedules “B”, “C”, “D”, “E” and “F” hereto are uninitialed, photographically reduced copies of plans initialed by the Parties on the execution of this Agreement and that such initialed plans form part of this Agreement. The Parties further agree that in the event any part or parts of the said Schedules are illegible or conflict with the initialed “original plan” from which it was made, the initialed plan shall prevail and shall be deemed to be a part of this Agreement. 1.5. SEVERABILITY If any provisions of this Agreement or the application thereof to any circumstances shall be held to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall attach only to such impugned provision and shall not affect any or all other provisions of this Agreement. The remaining provisions of this Agreement or the application thereof to other circumstances shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 1.6. FINAL AUTHORITY Where there is any conflict between the servicing requirements or other requirements and standards of the Municipality and those of any other regulatory body having jurisdiction, the more exacting requirement or standard shall prevail. In the event of any dispute as to which is more exacting, the decision of the Municipality’s Engineer shall be final as between the Subdivider and the Municipality. 1.7. EFFECTIVE RESPONSIBILITY Every provision of this Agreement by which the Subdivider is obligated in any way is deemed to include the words “at the expense of the Subdivider and to the Municipality’s satisfaction”, unless specifically stated otherwise. 1.8. APPLICABLE PROVINCIAL STATUTES a) Reference to any Statute herein shall be deemed to include past and future amendments in force at the time of this Agreement or subsequent hereto and any successor legislation that may replace such statute. 10 b) In this Agreement, “the Act” shall mean the Planning Act, R.S.O. 1990, c. P 13, as amended. 2. REGISTRATION OR TERMINATION 2.1. FINAL CONSENT BY THE MUNICIPALITY Following (i) the execution of this Agreement, (ii) completion of those covenants required to be fulfilled by the Subdivider upon execution and at other times prior to registration, (iii) final Plan approval by the Approval Authority, and (iv) registration of the Plan by the Subdivider and assignment by the Land Titles office of PINs for the lots and blocks laid out in the Plan, the Municipality shall deliver this Agreement for registration on title to the Lands. Execution of this Agreement shall constitute sufficient consent by the parties for the Solicitor for the Municipality to register this Agreement against title to the Lands at the cost of the Subdivider, without further written authorization. 2.2. REGISTRATION OF AGREEMENT Despite Section 2.1, above, and in accordance with Section 53(1) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, neither the Plan nor this Agreement shall be registered against the Lands until an environmental compliance approval for sewage works has been issued by the Ontario Ministry of Environment, Conservation and Parks. 2.3. EARLY TERMINATION OF AGREEMENT AND OBLIGATIONS The Subdivider shall satisfy all preconditions for the registration of this Agreement as identified above and shall provide written notice to the Municipality of same within six (6) months of the effective date of this Agreement. If the Subdivider fails to provide such notice within this time, the Agreement may be terminated by the Municipality in the Municipality’s sole discretion, upon the provision of written notice to the Subdivider, in which case the respective obligations of the Subdivider and the Municipality shall terminate forthwith. The Subdivider hereby expressly agrees not to apply for any building permits until final approval of the Plan has been obtained and the Plan together with this Agreement are registered on title to the Lands, and furthermore agrees that this provision may be pleaded by the Municipality in any action or proceeding as an estoppel of any claim arising from a denial of any such rights and permits. 3. MUNICIPAL SERVICES BY THE SUBDIVIDER 3.1. CONSULTING ENGINEERS a) The Subdivider agrees to retain a Registered Professional Engineer as the Consulting Engineer of the Subdivider to carry out all engineering and supervise the work required to be done for the development of the Lands. The Consulting Engineer or a successor thereto, shall continue to be retained until the work 11 provided for in this Agreement is completed and formally assumed by the Municipality in accordance with this Agreement. The Subdivider shall notify the Municipality in writing, to identify the Subdivider’s Consulting Engineer of record for the completion of the entire project described in this Agreement. The Subdivider shall notify the Municipality in writing in the event that unavoidable circumstances necessitate appointment of a successor Consulting Engineer prior to completion of all Consulting Engineer responsibilities and duties under this Agreement. As a condition of retaining a replacement Consulting Engineer, the Subdivider shall require that the successor shall provide an undertaking to the Municipality that the successor Consulting Engineer will be in a position to furnish to the Municipality the required certification of works or services installed or partially installed prior to the hiring of the successor Consulting Engineer and to provide as-constructed drawings of all Services and other works required under this Agreement. b) The Subdivider agrees that the Consulting Engineer’s responsibilities shall include but not be limited to the following: i. design all the works for the construction and installation of Services required by this Agreement in accordance with standards of the Municipality and applicable statutes and regulations; ii. prepare plans, profiles, and specifications for the said Services and submit detailed plans, profiles and specifications to the Municipality for approval prior to the installation of the Services described therein; iii. obtain, in conjunction with the Municipality when necessary, all the necessary approvals required prior to the construction of Services; iv. make available to the Municipality and the Municipality Engineer, where requested by the Municipality or the Municipality Engineer, any of the contracts for construction and installation of the Services; v. supervise construction of the Services and all work involved; vi. maintain all records of construction of the Services; vii. upon completion of the Services, supply to the Municipality as- constructed drawings on mylar or equivalent, as well as in digital format, of all the Services as constructed and installed by contractors under this Agreement; viii. on completion of construction of the Services to supply the Municipality and the Municipality Engineer with a certificate that the execution of all constructions of Services was in accordance with the approved plans and specifications; ix. supervise the construction of any remedial work required by the Municipality; 12 x. design and monitor lot grading in accordance with the approved grading plan attached as a Schedule to this Agreement. The execution and maintenance of such work should address lot grading, soil conservation and erosion control to the satisfaction of the Municipality Engineer, including methods of controlling sediment during construction as well as possible downstream impacts and minimization of any environmental impacts that might be identified; xi. if applicable for the exporting of soils, the Subdivider will conform with O. Reg. 406/19 Excess Soil Management. c) The Subdivider acknowledges that the Municipality will rely on inspections, interim and final reports, and certifications performed and provided by the Consulting Engineer. This shall not restrict the Municipality and/or the Municipality Engineer’s right to investigate, inspect and review construction and installation of the Services at any stage. 3.2. MUNICIPAL SERVICES The following Services are to be provided in accordance with Engineering Drawings attached as Schedule “D” to this Agreement for the two Phases: UNDERGROUND SERVICES a) sanitary sewers and appurtenances; b) private drain connections to sanitary sewers; c) storm sewers and appurtenances; d) private drain connections to storm sewers; e) catch basins and leads; f) gravelled or recycled asphalt road base g) dry hydrant for fire suppression h) hydro services ABOVE GROUND SERVICES i) curbs and gutters, concrete sidewalks as shown on the Engineering Drawings, attached as Schedule “D” to this agreement; j) concrete or asphalt driveway approaches from the curb to the sidewalk where sidewalks are required; k) asphalt pavement of driveway approaches to the property lines where sidewalks are not required; l) asphalt pavement of the streets including top coat of asphalt and constructed in accordance with the municipality standards for streets; m) street name signs and Highway Traffic Act street signs; 13 n) LED street lighting with underground wiring in front of the lots (and designated blocks); o) sodding in the boulevard areas between the curbs and property lines; p) tree planting in areas between curbs and lot lines. 3.3. STORMWATER MANAGEMENT a) EXISTING DRAINS The Subdivider will maintain in operation all drains in use on the Lands during the construction of all services and dwellings and repair same in a proper workmanlike manner, provided always that the Subdivider shall have the right to relocate the said drains, in accordance with plans and specifications approved in writing by the Municipality Engineer prior to commencement of the construction of services and dwellings and not otherwise, provided that such relocation shall be made under the supervision of the Consulting Engineer and subject to periodic inspections which may be made by the Municipality and/or the Municipality Engineer. b) STORMWATER MANAGEMENT DURING DEVELOPMENT i. The Subdivider shall manage the storm drainage generated from the Lands in compliance with the design criteria as previously set out in the Sandytown Road Storm Water Management Report prepared by CJDL Engineers dated 22 March 2023 Rev1-18 July 2023 as approved by the Municipality Engineer. ii. The Subdivider shall implement erosion and sedimentation control measures identifying best management practices for the development within the Lands. These measures must be designed, approved by the Municipality Engineer and installed prior to any construction or the commencement of any earth moving operations. iii. The Subdivider shall prepare a silt/erosion control plan to be submitted with the subdivision grading plan. iv. The Subdivider shall ensure storm drainage and stormwater management for all development with the Plan are self-contained and designed/constructed in a manner which does not negatively affect the surrounding areas. v. All stormwater from roof downspouts, driveways and other impervious areas shall be directed to the fronting streets, within the Plan, where possible. The Subdivider shall include in all offers of purchase and sale a notice of the responsibility of the purchaser to fulfill these requirements. vi. The installation of the erosion control measures for this development, as shown on the Engineering Drawings are to remain in place and maintained, until the development of all the lots within the Plan is fully complete. vii. The Subdivider shall conduct regular inspections every two weeks and after each sizeable storm event of all sediment and erosion control works, 14 structures and measures in the approved stormwater management plan/report and maintain an inspection log which shall state the name of the inspector, date of inspections and the rectification or replacement measures which were undertaken to maintain the sediment and erosion control measures. Such measures are to be to the satisfaction of the Municipality Engineer. Such inspections are to continue until the Municipality has assumed the Services of the Plan or until such later time as any further warranty period provided with respect to a stormwater management facility has terminated or until the Municipality Engineer has confirmed in writing that site construction warrants cessation of the visits. viii. The Subdivider shall: - provide a copy of the final grading plan and the silt/erosion containment plan, included with the Engineering Drawings attached as Schedule “D” to this Agreement, to the Conservation Authority, for review and comment; - identify to the Conservation Authority and the Municipality the site contacts responsible for the monitoring schedule to be implemented above; - provide to the Conservation Authority and the Municipality a written update of sediment and erosion control inspections and maintenance activities following all storm events. c) STORMWATER MANAGEMENT FACILITIES The Subdivider shall construct stormwater management facilities (SWMF) in accordance with Municipality standards and the Engineering Drawings which are schedules to this agreement and in accordance with the final approved SWMF report. The Subdivider further agrees that the Municipality Engineer may direct the Subdivider to make any corrections or perform any necessary changes to comply with the Engineering Drawings. d) MAINTENANCE OF EXISTING STORMWATER MANAGEMENT FACILITIES i. The Subdivider shall manage the storm drainage generated from the Plan in compliance with the design criteria as previously set out in the Stormwater Management Report prepared by CJDL Consulting Engineers dated 22 March 2023 Rev 1 18 July 2023 as approved by the Municipality Engineer. ii. The Subdivider shall continue to perform all maintenance of the said stormwater management facilities and perform all monitoring and inspections including but not limited to the maintenance, upkeep and inspections required under this Agreement and the ancillary SWMF Maintenance Agreement for not less than five (5) years from the date of assumption; iii. Such maintenance activities, monitoring and inspection by the Subdivider shall continue until the Municipality Engineer issues a Certificate of 15 Substantial Completion for the SWMF and associated appurtenances and the Municipality assumes the services; iv. Prior to the SWMF being assumed by the Municipality, the Subdivider shall be solely responsible for the SWMF. The Subdivider shall dredge the pond to meet the design condition. The Municipality shall under no circumstances be responsible for the repair and maintenance of the SWMF until the Municipality Engineer issues the Certificate of Substantial Completion for the SWMF and associated appurtenances which are the subject of this Agreement. v. Before the Municipality assumes the stormwater management facility (SWMF), the Subdivider shall ensure that the SWMF is handed over to the Municipality in its design condition. An evaluation of the sediment levels within the SWMF shall be completed by the Subdivider, and any discrepancies between the results of the evaluation and the design conditions from the approved plans and the final stormwater management report must be corrected prior to assumption. vi. The Subdivider agrees to document the sediment level evaluation and any required remediation measures in a report prepared by a professional engineer for submission to the Municipality. The professional engineer will be required to certify that the SWMF is functioning in accordance with the approved design. 3.4. SANITARY SEWAGE The Subdivider agrees that design and installation of sanitary sewers within the Plan will be in compliance with the Design and Construction Standards 2018 for the Municipality of Bayham and the Sanitary Sewage Pumping Station and Force main Design Brief prepared by CJDL Consulting Engineers dated March 22, 2023, and Preliminary Functional Servicing Report revised March 8, 2022 as approved by the Municipality Engineer. i) Sanitary installation will be completed in two phases – Phase 1 Lots 1-4 and 11-13 on the gravity sanitary service to Sandytown Road and a low flow forcemain for Lots 5-10 as shown within the Servicing Report dated March 8, 2022. The low flow forcemain will provide sanitary service to Lots 5-10 until a gravity outlet to the Phase 2 pumping station is constructed. Phase 2 Lots 14 – 39 will be serviced by a gravity outlet to the Phase 2 pumping station. a) WASTEWATER PUMPING STATION That the Subdivider agrees that the design and construction of the Phase 2 Pumping Station shall be in compliance with the Design and Construction Standards 2018 for the Municipality of Bayham and the Sanitary Sewage Pumping Station and Forcemain Design Brief prepared by CJDL Consulting Engineers dated March 22, 2023, and Preliminary Functional Servicing Report revised March 8, 2022, as approved by the Municipality Engineer and any 16 required regulatory approval. That the Municipality shall not remove the Holding provision for servicing until: i) That the Subdivider agrees that to the satisfaction of the Municipality the Phase 2 Pumping Station and all associated works shall be functional and operational prior to the request and approval of Building Permits for Phase 2 – Lots 14 to 39 inclusive. That prior to Municipality assuming the ownership and operation/maintenance of the Phase 2 Pumping Station and associated works, the Subdivider agrees to have a Professional Engineer demonstrate compliance with the approved design of the Pumping Station and repair all deficiencies to the satisfaction of the Municipality. The Subdivider agrees that any securities held by the Municipality shall not be returned until municipal assumption of the facility. 3.5. NECESSARY EXTERNAL SERVICES The Subdivider agrees that the following Necessary External Services shall be provided by the Subdivider as set out in the Engineering Drawings: NONE 3.6 PARKLAND CONTRIBUTION ACKNOWLEDGMENT Phase 1 The Subdivider agrees to provide payment in the amount of $21,250.00 as cash in lieu of parkland dedication prior to the registration of Phase 1 of the Plan, in satisfaction of the Subdivider’s parkland dedication requirement under subsection 51.1(1) of the Act and the Municipality of Bayham Cash-in-lieu By-law No. 2020-053 being 5% of the appraised value of $425,000.00 as determined by Otto & Company Appraisal Report dated November 4, 2023. Phase 2 The Subdivider agrees to provide payment in the amount of $47,500.00 as cash in lieu of parkland dedication prior to the registration of Phase 2 of the Plan, in satisfaction of the Subdividers parkland dedication requirement under subsection 51.1(1) of the Act and the Municipality of Bayham Cash-in-lieu By-law No. 2020-053 being 5% of the appraised value of $950,000.00 as determined by Otto & Company Appraisal Report dated November 4, 2023.. 3.7 SERVICES REQUIRED a) TURNING CIRCLE – Maverick Court The Subdivider agrees to construct a turning circle, at the westerly limit of Maverick Court in accordance with approved design drawings. 17 b) CONSTRUCTION ACCESS The Subdivider agrees that all construction-related traffic shall be from Sandytown Road during the development of Phase 1 and from Stewart Road for Phase 2. The Subdivider and its contractors and invitees shall use the said access for all construction vehicles and construction related purposes. The Subdivider agrees that, at all material times, the Subdivider shall be responsible for: i. the proper construction of said accesses and providing signage and supervision and such other reasonable measures as may be requested by the Municipality to require contractors, sub-contractors, homebuilders and tradespersons to use the road access designated in this Section for all construction-related vehicles accessing the Lands during each Phase; and, ii. ensuring during the development of either Phase that all construction-related traffic is restricted to accessing the subdivision from the designated access. 3.8 TIME OF CONSTRUCTION The Subdivider shall commence and complete the installation and construction of the Services more particularly described in Schedule “E3” Implementation Schedule attached to and forming part of this Subdivision Agreement. 4. FINANCIAL OBLIGATIONS 4.1. SUBDIVIDER EXPENSE Where by this Agreement the Subdivider is to fulfill requirements or obligated in any way, the Subdivider shall fulfill such requirement or obligation at its expense. 4.2. FEES/DEPOSITS PAYABLE TO THE MUNICIPALITY The Subdivider shall pay to the Municipality on the execution of this Agreement: i. the reimbursement of reasonable costs incurred by the Municipality for engineering, administrative and legal in the preparation of this Agreement by the Municipality; ii. the sum of $2,500.00 which payment shall be accepted by the Municipality as partial payment towards legal costs and H.S.T. incurred by the Municipality in connection with the preparation and negotiation of this Agreement, and reviewing and registering documentation in relation to the same. Th e Subdivider further agrees to be responsible for any reasonable additional legal costs and any H.S.T. relating thereto, incurred by the Municipality associated with this Agreement over and above the aforementioned amount, and will remit any amount owing immediately upon receipt of an invoice from the Municipality; iii. the sum of $39,480.00 which shall be accepted by the Municipality as partial payment towards the Subdivider’s share of the Municipality’s costs of engineering review and inspection with respect to the services to be constructed or installed or repaired pursuant to this Agreement, being three and 18 one-half percent (3.5%) of the total costs of the Services shown in the Schedule “E1” Estimate Construction Costs Phase 1 (the Engineering Fee), plus H.S.T; The owner agrees that the municipality may require additional payment should the engineering review and inspection with respect to the services to be constructed or installed or repaired exceed the original estimate. iv. the sum which will be accepted by the Municipality as the Subdivider’s share of the Municipality’s costs of engineering review and inspection with respect to the services to be constructed or installed or repaired pursuant to this Agreement, being three and one-half percent (3.5%) of the total costs of the Services for Phase 2 shown in the Schedule “E2” Estimated Construction Costs Phase 2 (the Engineering Fee), plus H.S.T. to be updated at the time of the commencement of Phase 2 construction; 4.3. SERVICING COSTS SUMMARY, INFRASTRUCTURE i. The parties agree that Schedules “E1” and “E2”, represent the Subdivider Engineer’s estimate of the costs of the Services which are to be provided by the Subdivider pursuant to this Agreement (the Estimated Construction Costs Summary). The parties further agree that the securities required under Section 4.4 shall be based on the figures set out in Schedule “E1” and “E2”. ii. The Subdivider shall pay the total cost of the construction or installation of the Services required to be provided pursuant to the terms of this Agreement. iii. street name signs and traffic signs on the Lands shall be approved and provided by the Municipality. The Municipality will install all such signs and will invoice the Subdivider for all the Municipality’s costs related to such purchase and installation. 4.4. SECURITY FOR PERFORMANCE a) To secure the faithful performance of all of the obligations of the Subdivider to the Municipality under this Agreement, the Subdivider shall, at the time of execution of this Agreement, deliver to the Municipality satisfactory security for the performance of the Subdivider’s obligations hereunder, in the form of one of the following security instruments: i. An irrevocable standby commercial letter of credit from a chartered bank or other financial institution approved by the Municipality, in a form and amount satisfactory to the Municipality Treasurer providing for the faithful performance of all of the obligations of the Subdivider to the Municipality Corporation under this Agreement; ii. A surety bond for purposes of guaranteeing performance of subdivision infrastructure development, issued by a Surety Company acceptable to 19 the Municipality Treasurer. The complete terms of the bonding instrument shall be submitted in advance for review and consideration by the Municipality’s solicitor and Municipality Treasurer. The Bond must be confirmed by the Municipality Treasurer to be adequate for the Municipality’s purposes. Among other terms the bond shall provide that: the obligation to pay is on demand, without regard to the equities between the Parties; payout is in cash up to the aggregate amount of the bond, but partial drawings are permitted; the bond is standing and irrevocable; the bond automatically renews or is otherwise continuous, until it is released with written consent of the Municipality. iii. a cash deposit provided to the Municipality by bank draft, certified cheque or approved direct deposit. b) The total amount of security to be provided to the Municipality upon the execution of this Agreement shall be based on the following: the total cost to the Subdivider of the services and works identified in the Schedule “E1” Estimated Construction Costs Phase 1, being $1,128,000; and The Subdivider agrees that the total amount of the performance security pursuant to this Section is $679,000.00 shown on Schedule “E1” as attached hereto which is required to be held by the Municipality no later than the time of the execution of this Agreement for Phase 1. c) The total amount of security to be provided to the Municipality for Phase 2, upon completion or installation of all the Services or other municipal services identified in Phase 1, being Schedule “E2” of this Agreement shall be based on the following: the total cost to the Subdivider of the services and works identified in the Schedule “E2” Estimated Construction Costs Phase 2, being $1,158,000.00; and The Subdivider agrees that the total amount of the performance security pursuant to this Section for Services and other municipal services in Phase 2 is $656,725.00 which is required to be held by the Municipality no later than the satisfactory completion of Phase 1 Services and the satisfactory completion of a multi-well simultaneous pumping test utilizing a minimum of three wells drilled on adjacent lots during Phase 1 being Condition 3 of the Notice of Decision of Draft 20 Plan Approval dated June 28, 2022 and other municipal services as identified in the previous Section of this Agreement. d) If applicable, the security required may be reduced by the sum of the cost of Services, if any, which have been satisfactorily completed during Pre-Servicing as certified by the Consulting Engineer, to the satisfaction of the Municipality. e) After the Municipality has received the security described above and the Municipality’s Treasurer is satisfied with the form and sufficiency of same, the Subdivider shall provide the Municipality with a certificate from its Consulting Engineer, in a form satisfactory to the Municipality’s Engineer, as to the Consulting Engineer's accounting of the total actual cost of the services and works to which the security relates, based on the Subdivider’s actual contract prices for the work (the Actual Servicing Cost). If the Actual Servicing Cost differs from the Estimated Servicing Cost by a factor of greater than 10%, the Municipality may: i. where the Actual Servicing Cost is less than the Estimated Servicing Cost Summary, reduce the security to the actual contract price, or; ii. where the Actual Servicing Cost is greater than the Estimated Servicing Cost Summary, require the Subdivider to provide additional security in the amount of the difference between the Estimated Servicing Cost Summary and the Actual Servicing Cost, No adjustment to security shall be made unless and until the Subdivider provides copies of the relevant contract or contracts to the satisfaction of the Municipality’s Engineer. f) If the Subdivider is not in default under this Agreement, the amount of any security instrument held by the Municipality, may, subject to the paragraph immediately below, be reduced from time to time to an amount, which, in the opinion of the Municipality is adequate to secure the faithful performance of the remaining obligations of the Subdivider. No reduction shall be made until the Subdivider has first filed with the Municipality a progress certificate from the Consulting Engineer as to the reasonable cost of the Services satisfactorily installed or constructed prior to the date of the certificate. In determining if a reduction in the amount of security is to be made, the Municipality may have regard for the following: i. any progress certificate filed by the Consulting Engineer and approved by the Municipality Engineer, ii. any reductions previously made, iii. any draws or claims made by the Municipality against the security. Notwithstanding the paragraph above, the amount of any security instrument provided by the Subdivider in respect of the cost of the Services shall not be reduced, as provided in the paragraph above, to less than one percent (1%) of 21 the Estimated Servicing Cost Summary, or $15,000.00, whichever amount is greater. g) When all the Services have been constructed or installed and any damage to the Services or other municipal services have been repaired, all to the satisfaction of the Municipality, and a letter certifying the same has been issued to the Subdivider by the Municipality or the Municipality Engineer, a security not less than the amount provided in the paragraph immediately above shall continue to be maintained by the Subdivider and held by the Municipality throughout the post Certificate of Substantial Completion warranty period, until Assumption of services by the Municipality as described in this Agreement. h) When all of the obligations of the Subdivider under this Agreement have been fulfilled in the opinion of the Municipality and the Municipality Engineer and the Municipality Treasurer, the Municipality shall return any outstanding security instruments to the Subdivider. 4.5. INDEMNIFICATION AND INSURANCE Until the Municipality shall have finally accepted the Works by a by-law, the Subdivider shall indemnify the Municipality and its agents, employees, contractors and subcontractors from and against all expenses, actions, causes of actions, suits, claims, demands or administrative orders whatsoever which may arise, either directly or indirectly, by reason of the construction and installation of any and all of the Works to be performed pursuant to this Agreement, including all plans, specifications and contracts therefor and any and all documentation submitted by or on behalf of the Subdivider in support of the approval of such plans, specifications and contract; and the insurance coverage policy required, shall not be construed as relieving the Subdivider from responsibility for indemnity of the Municipality for liability not covered by such insurance or in excess of the policy limits of such insurance. The Subdivider agrees to file with the Municipality on registration of this Agreement, or at such earlier date as the Subdivider may commence Pre-Servicing as described in this Agreement, a certificate of insurance evidencing the issuance to the Subdivider of a comprehensive policy of public liability and property damage insurance providing for coverage limits in respect of any one incident, of at least $5,000,000.00 exclusive of interest and costs, for this purpose. Such policy shall: (i) name the Municipality as an additional insured thereunder, (ii) be in form and content satisfactory to the Municipality, and (iii) be kept in good standing until all of Services are assumed. Such insurance shall include a cross-liability clause protecting the Municipality against claims by the Subdivider as if the Municipality was separately insured. 22 4.6. DEVELOPMENT CHARGES i. The Subdivider acknowledges that at the date of this Agreement, development charges are payable in respect of any development within the Plan in accordance with the Municipality of Bayham Development Charges By-law, being By-Law No. 2022-067, as amended. ii. The Subdivider further acknowledges that if said development charges bylaw is amended or is repealed and a further or additional bylaw is enacted, the development charges payable shall, irrespective of the charges payable at the date of this Agreement, be those payable in accordance with the bylaw or bylaws in effect at the time a building permit is issued. iii. Pursuant to Section 59(4) of the Development Charges Act, SO 1997, c.27, as amended, the Subdivider shall notify in writing each person who first agrees to purchase each subdivided lot within the Plan of all development charges, including development charges for school purposes, relating to any such Lot. 4.7. TAXES The Subdivider will pay the Municipality all outstanding municipal taxes, charges, fees and rates and levies assessed against the Lands, including any penalties thereon, forthwith upon the execution of this Agreement and shall remain current with such payments at the time of Plan Registration. Further, the Subdivider shall pay taxes and rates and levies assessed against any and all the lands within the Plan for which the Subdivider is in law responsible promptly when such taxes, charges, fees, rates and levies become due. 4.8. INTEREST PAYABLE i. Whereby this Agreement any cost, fee or amount is payable by the Subdivider to the Municipality, such cost, fee or amount shall be paid at the time or times stated, or if a time is not stated, it shall be paid within fifteen days of the mailing of a statement by prepaid first class mail or by email addressed to the Subdivider as provided in this Agreement. If any such cost, fee or amount is not paid within the time provided by this Agreement, interest shall be payable at the rate of eighteen percent (18%) per annum from the stated due time, compounded monthly, or from the sixteenth day after such mailing as the case may be, until payment, and the Municipality may draw on any security instrument provided by the Subdivider for the faithful performance of its obligations. Any amount received on such draw against security shall be applied toward payment of the cost, fee or amount owing and any interest in respect thereto. ii. if any cost, fee or amount is at any time unpaid, and the Municipality does not draw upon the security provide by the Subdivider, or if any draw made is insufficient to pay the cost, fee or amount owing, or the balance thereof together with interest which may be payable, any unpaid amount may be recovered as a debt in an action in any court of competent jurisdiction together with all costs incurred therewith. 23 iii. for such period as any cost, fee or amount is unpaid to the Municipality, the Municipality may, in addition to other remedies, refuse to grant building permits to the Subdivider or revoke any which have been issued and not acted on. iv. the interest calculation provided in i. above shall not apply in respect to any municipal taxes, penalties or interest thereon which the Subdivider pays at the time(s) named in this Agreement, provided that the Municipality may draw on any security given to the Municipality by the Subdivider for the faithful performance of the Subdivider’s obligations, in order to pay such taxes, penalties or interest due to the Municipality. 4.9. ADJUSTMENT OF MUNICIPALITY ENGINEERING FEE The parties agree that despite section 4.2(iii), above, the Engineering Fee paid by the Subdivider may be adjusted as follows based on the Actual Servicing Cost: i. where the Actual Servicing Cost is $10,000.00 or more below the Estimated Servicing Cost Summary, then the Municipality shall refund to the Subdivider, within thirty (30) days of the Actual Servicing Cost being confirmed by the Municipality Engineer, the difference in the Engineering Fee paid on the Estimated Consgtruction Cost Summary and the Actual Servicing Cost. ii. where the total contract price is $10,000.00 or more above the Estimated Servicing Cost, then the Subdivider shall pay to the Municipality, within thirty (30) days of the total contract price being confirmed by the Municipality Engineer, the difference in the Engineering Fee paid on the Estimated Construction Cost Summary and the Actual Servicing Cost. 5. LANDS AND EASEMENTS PROVIDED BY SUBDIVIDER 5.1. DEDICATION OF FUTURE STREETS All road allowances within the Lands, including any and all road widenings, shall be dedicated to the Municipality as public highways. 5.2. CONVEYANCES BY SUBDIVIDER a) At the time of the registration of the Plan the Subdivider shall: i. grant to the Municipality all easements and rights listed in the Schedule “C” attached to this Agreement for the respective purpose identified in said Schedule; ii. provide the Municipality with such further and other lands, rights and easements as it may require for watermains, sanitary sewers, storm sewers, storm drainage and other utility, stormwater, planning or conservation purposes as described in Schedule “C” to this agreement; iii. provide all utility companies with such rights and easements as each of them may reasonably require for hydro, telephone, television, cable, fibre optic and natural gas utility purposes. iv. ensure that all existing easements for storm sewers, sanitary sewers, water 24 services, third party utility services and other service providers, pedestrian access, and any and all easements, rights of way, interests or encumbrances over the Lands already subsisting at the time of Plan registration are shown on the Plan. b) Any such transfer of land to the Municipality pursuant to the above subsection shall be in fee simple and for nominal consideration (e.g. $1.00), in a form satisfactory to the Municipality's solicitor and title to the lands shall be good and free from all liens and encumbrances except as otherwise stated in this Agreement. The rights and easements granted to the Municipality pursuant to the above shall be for nominal consideration (e.g. $1.00) and title to the lands over which the rights and easements are granted shall be good and free from prior liens and prior encumbrances except as otherwise stated in this Agreement. If required by the provisions of the Act, the consent of the County Land Division Committee to such conveyance of land, rights and easements referred to above shall be obtained by the Subdivider. c) The Subdivider agrees to obtain a discharge of any lien and a postponement of any prior mortgage to the title, rights and easements granted to the Municipality pursuant to this Agreement. d) Forthwith after the registration of every grant of title, rights or easements referred to above, the Subdivider shall provide to the Municipality's solicitor a Certificate or Opinion of Title of the lands in respect of which such title, rights or easements are granted, in a form satisfactory to the Municipality's solicitor. A solicitor authorized to practice law in the Province of Ontario shall give such Certificate or Opinion. e) The Subdivider agrees to provide the Municipality within 2 months after the registration of the Plan with a mylar copy of the reference plan designating the lands in respect of which such transfers and grants of rights and easements are given to the Municipality pursuant to this Agreement. f) The lands to be transferred and the lands over which rights and easements are to be given, pursuant to this Agreement shall, on the registration of the Plan and at the time of any such transfer, be in a clean and tidy condition, graded as required by the Grading Plan which is a Schedule to this Agreement, where applicable, and if necessary, stabilized against erosion, all to the satisfaction of the Municipality and/or the Municipality Engineer. g) After such lands or such rights and easements are so transferred, the Subdivider shall not use or permit the use of such lands for the storage of top soil or any excavated material or equipment or construction materials except with the written consent of the Municipality and in the event of default in this regard, the Municipality, after giving the Subdivider such notice as the Municipality Engineer considers reasonable in the circumstances, may remove such soil, material or equipment and the cost of such removal and clean up shall be paid by the Subdivider to the Municipality. h) The Subdivider warrants that within any lands transferred to the Municipality by the 25 Subdivider pursuant to this Agreement, and any lands over which any easement is granted to the Municipality, there is no substance or material that is prohibited, controlled or regulated by any governmental authority whether federal, provincial, municipal or local including, without limitation, pollutants, contaminants, dangerous goods or substances, toxic or hazardous substances or materials, waste including without limitation, solid non-hazardous waste, PCBs, asbestos, petroleum and its derivatives, bi-products or other hydro carbons, all as defined in or pursuant to any laws, regulations, by-laws, guidelines, policies, approvals, certificates of approval, permits or orders rendered by any governmental authority. 5.3 LEGAL OPINIONS REQUIRED Not later than thirty (30) days after the final approval of the Plan by the County, the Subdivider shall cause to be delivered to the Municipality an opinion by a solicitor authorized to practice in Ontario, substantially in the form satisfactory to the solicitor for the Municipality: a) At the date of signing of this Agreement and at the date of the registration of this Agreement upon title, the Subdivider is the owner in fee simple of the Land free of all liens and encumbrances, save and except for any interest in the Land of an owner, mortgagee, tenant, easement holder or other encumbrancer as described in Schedule “A” attached to this Agreement; b) This Agreement has been registered against the Land in a first priority position, save and except for any interest in the Land described in Schedule “A” attached to this Agreement, and that Notice of Postponement of Interest for each of those interests described in Schedule “A” have been registered postponing such interest to provide priority in favour of the Municipality for this Agreement; c) The Plan is registered in the Land Titles Office for the Land Titles Division of Elgin (No. 11); d) The conveyance of real property to the Municipality as provided in section 5 of this Agreement has been made to the Municipality in satisfaction of the provisions of this Agreement, free and clear of all liens and encumbrances, save and except this Agreement and any easements in favour of the Municipality, and with such postponements of interest as are necessary to provide a free and clear interest. The said opinion(s) shall be addressed to the Municipality in consideration of a fee of $1.00 payable to the Solicitor rendering the same. 6. GRADING OF LOTS AND STREETS 6.1. ADHERENCE TO GRADING PLANS The Subdivider has prepared and submitted to the Municipality a grading plan for the Plan, which grading plan is attached hereto as a Schedule to this Agreement (the Grading Plan). The Subdivider warrants that the said grading plan has been prepared by the Consulting Engineer and that if the grades and elevations shown on 26 such plan are established; the lots and blocks within the plan will be adequately drained within a reasonable time, all in accordance with good engineering practice. Prior to commencing the construction or installation of any of the services described in Section 3, the Subdivider shall rough grade all Lots and Blocks within the Plan, as depicted in the Grading Plan. Such rough grading shall be in conformity, plus or minus six (6) inches, with the elevations shown on such Grading Plan. Where in the opinion of the Municipality Engineer, it is advisable to permit rough grading otherwise than in such conformity with the Grading Plan, t he Municipality Engineer may authorize in writing any variance subject to such terms and conditions as the Municipality Engineer may deem appropriate. Upon completion of the construction of the curbs and gutters required under this Agreement, all of the streets created by registration of this Plan shall be re-graded to conform to the Grading Plan. The Subdivider acknowledges that the Grading Plan has been reviewed by the Municipality Engineer but any approval noted thereon has been for the limited purpose of submission for Ministry of Environment, Conservation and Parks approvals, at the time of this Agreement. It is understood and agreed that subsequent grading plans shall be filed with the Municipality by the Subdivider as construction progresses, including but not limited to a final grading plan to be filed prior to assumption of the Services by the Municipality. When a subsequent grading plan is filed with the Municipality it shall replace and amend the Schedule. 6.2. LOT GRADING PLANS Following construction of each dwelling on Lots within the Plan or by such earlier date as the Municipality Engineer may in writing name, the Subdivider shall grade the Lot on which the dwelling has been or is being constructed and those Lots immediately adjacent thereto so as to establish the grades and elevations shown on the Grading Plan. In addition, each Lot shall be graded so that the slope is uniform between adjacent elevations on the Lot lines of such Lot as shown on the grading plan Schedule. In the event of any dispute as to the grade or elevation to be established and maintained at any point within any lot where the grade or elevation is not shown on the grading plan, the written decision of the Municipality Engineer as to the grade or elevation shall be final and binding. Upon the elevations and grades being established in accordance with this Agreement, the Subdivider shall thereafter maintain the same for so long as the Subdivider is the registered owner of the Lot. If, in the opinion of the Municipality Engineer, the Subdivider has at any time when the Subdivider is the registered owner of the Lands, or any part thereof, failed to establish or maintain such grade or elevation as required by this Agreement including the Grading Plan, the Municipality may, after giving such notice to the Subdivider as the Municipality Engineer considers appropriate in the circumstances, enter and re- 27 enter from time to time upon such lot, or any part thereof, with equipment, machinery, sod and fill and do such work and remove anything from the lot as in the Municipality Engineer’s opinion may be necessary to remedy such default, and the costs thereof shall be paid by the Subdivider to the Municipality and if not so paid, shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of eighteen (18%) per cent per annum commencing fifteen (15) days after the mailing of a statement to the Subdivider at his last known address. Where the Subdivider has sold or transferred a lot within the Plan, or any part thereof, and in the opinion of the Municipality Engineer, any grade or elevation within the lot, or any part thereof, has not been established or has not been maintained as required by subsection 7.3 Lot Development Plan in this Agreement , the Municipality, after giving such notice to the subsequent owner as the Municipality Engineer considers appropriate in the circumstances, enter and re-enter from time to time upon such lot with such equipment, machinery, sod and fill as the Municipality Engineer may determine and do such work and remove anything from the lot as in the Municipality Engineer's opinion may be necessary to remedy such default and the cost thereof shall be paid by the subsequent owner to the Municipality and if not so paid, shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of eighteen (18%) per cent per annum commencing fifteen (15) days after the mailing of a statement to the subsequent owner at his last known address. 6.3. GRADING CERTIFICATION The Municipality will accept a certificate from an Ontario Land Surveyor, or a qualified Consulting Engineer certifying: i. that the surveyor took elevations on one of more lots or blocks in the subdivision (which lot(s) and/or block(s) is to be specified by number) on a stated date; and ii. that on such date(s) the elevation and grades for such lot(s)/block(s) were in accordance with the requirements of this Agreement; as conclusive evidence that as of such date such elevations and grades complied with this Agreement. 7. LOT DEVELOPMENT 7.1. ZONING BY-LAW The Subdivider acknowledges that there may be lands within the Plan subject to the provisions of a Holding (H2) Zone pursuant to Municipality of Bayham Zoning By- Law, as amended. The requirements of said Zoning By-law and any other requirements as may be set out in an amendment to said Zoning By-law shall be complied with to the satisfaction of the Municipality prior to the removal of the holding symbol. The Holding Zone designation shall be removed from the lands pursuant to the requirements of the Planning Act prior to the issuance of any building permits for lots within the Plan. 28 The Subdivider acknowledges that prior to final approval shall provide to the satisfaction of the Municipality prepared by an Ontario Land Surveyor a certificate that demonstrates the Final Plan for all lots and blocks comply with the use and regulation of the approved Zoning By-law in effect. 7.2. BUILDING PERMITS a) The Subdivider acknowledges that the Municipal Chief Building Official shall have the power to refuse to grant building permits with respect to any or all the lots shown on the Plan of Subdivision, at any time when the Subdivider is in default under this Agreement. b) The Lot Owner agrees to submit to the Municipality with every application for a building permit, a Plot Plan prepared by a Consulting Engineer or an Ontario Land Surveyor or a qualified Planner, which is approved by the Subdivider's Consulting Engineer, indicating the location of the proposed building and driveway on the site and indicating that the proposed building and lot, as finally constructed and graded will comply with said Grading Control Plan as identified in Schedule "D" to this Agreement. The said Plot Plan will also indicate the elevation of the top of the foundation wall of the proposed building, which elevation will also conform to the said Grading Control Plan, and the location of infiltration galleries/conveyance pipe and retaining walls, if applicable. No building permits shall be issued until the Municipality has approved the Plot Plan. c) That the cost of construction of driveway entrances for each lot shall be the responsibility of the Lot Owner, while driveway concrete aprons, sidewalk and boulevard trees are the responsibility of the Subdivider and shall be included in the general Letter of Credit noted in the Subdivision Agreement. Each lot within the Draft Plan is permitted only one access unless additional accesses in permitted by the Municipality, and driveway locations for corner lots are to be located at the opposite side of the lots and away from the intersection and will require Municipal approval prior to the issuance of building permits. d) That no construction of any building will proceed beyond the completion of the foundation wall until the Subdivider has identified with a sign or paint markings on the foundation, the municipal address for the lot and has supplied the Municipality with a Certificate from a Consulting Engineer or an Ontario Land Surveyor or a qualified Planner, demonstrating that the elevation of the top of the foundation wall of the said building, as constructed, conforms within reasonable tolerance to the elevation shown on the said Plot Plan and meets lot, zoning and building compliances. The Subdivider agrees to provide to the Municipality, said Certificate within Seven (7) days from the date that the foundation has been backfilled and graded. e) To complete the final grading for the residential Lot in the Draft Plan in 29 accordance with the approved Plot Plan and Grading Control Plan and to maintain the approved grading and drainage pattern and where applicable infiltration galleries/conveyance pipes and retaining walls for the life of the approved development on the residential lot in the Draft Plan, all to the satisfaction of the Municipality. The Subdivider or Lot Owner further agrees not to alter the approved grading and drainage pattern without prior written permission from the Municipality. f) Once the final grading is completed for the lot, the Subdivider or Lot Owner shall submit to the Municipality, a Certificate, prepared by the qualified Consulting Engineer or an Ontario Land Surveyor or Planner who prepared the original Plot Plan for the building permit which is approved by the Subdivider's Consulting Engineer and shall provide evidence that the final grading of the said lot conforms to the said Grading Control Plan and Plot Plan within reasonable tolerances as determined by the Municipality and that as so graded, the lot will provide for surface drainage in accordance with proper engineering practices. Upon the Municipality confirming that the lot is in compliance with the Grading Control Plan/Plot Plan, as well as the applicable regulations in the Zoning By-law. g) That all primary drainage swales shall have topsoil and grass sod to the satisfaction of the Municipality prior to the issuance of any building permit. Where the installation of sod is not possible due to winter weather conditions the Subdivider must install alternative erosion and sedimentation control features to the satisfaction of the Municipality prior to the issuance of any building permit. The installation of sod in the primary swales shall take place at the earliest possible growing season all to the satisfaction of the Municipality and Planning Services. For the purpose of this Section, a primary drainage swale is part of the overall drainage system, is generally located on public lands or undeveloped future phases within the Draft Plan and accommodates the major overland stormwater flow for each phase of the development that is directed to an approved stormwater management facility, as identified in the Engineering and Planning Drawings. h) That no building permit shall be applied for or issued for any lot(s) and no building construction shall be undertaken thereon, until the applicable phase of the Draft Plan is registered and the Subdivider's Consulting Engineer for this Plan has provided in written confirmation to the Municipality that: i. the overall primary grading and drainage for the applicable phase has been completed; ii. the installation of the primary services within all the road allowances in the applicable phase, which shall include water, sanitary and storm services/facilities, sanitary pumping station (if applicable), the road up to base coat asphalt, concrete curb and gutter and retaining walls/safety guards, has been completed, or alternatively, in the event that the underground services (water, sanitary and storm services) and sanitary pumping station (if applicable) are completed 30 for all of the roads in the applicable phase, but the gravel base, base coat asphalt, concrete curb and gutter and retaining walls/safety guards cannot be completed for certain road allowances in the applicable phase due to wintertime construction, as requested in writing by the Subdivider's Consulting Engineer, then only those lot(s) that front on the applicable roads where the primary services have been installed, are eligible for a building permit, subject to the following: i) that the said roads where primary services have been completed shall include water, sanitary and storm services, the road up to base coat asphalt, concrete curb and gutter and retaining wall/safety guard, ii) that a suitable vehicle access to a public road shall be provided and where required an emergency access is provided. i) That no building permit for any lot(s) on the Plan shall be issued until such time as the Plan has been registered to create the lots and the matters contained in this Section have been complied with to the Municipality's satisfaction: i) Completion and connection of the trunk sanitary sewer and appurtenances to the satisfaction of the Municipality; ii) Completion and connection of the trunk watermain and appurtenances (if required) to the satisfaction of the Municipality; iii) Completion and operation of the stormwater management facilities and outlet; iv) Payment of the applicable development charges, as per the Municipality’s respective approved By-laws v) Blocks and/or easement to be conveyed to the Municipality; vi) The installation of street signs; vii) Satisfy any other special conditions outlined within this agreement. 7.3. LOT DEVELOPMENT PLANS With every building permit application, the Subdivider will submit to the Municipality’s Building Department a lot development plan for the subject lot, prepared and certified by a member in good standing of the Professional Engineers of Ontario or by an Ontario Land Surveyor. The lot development plan for each Lot within the Plan shall show details of the proposed lot elevations and grades, basement and top of foundation elevations, drainage and stormwater management components, all of which shall conform to the Grading Plan and the Stormwater Management Plan. The lot development plan shall also show details of the location of all existing and proposed easements, all proposed building and structures, site services, driveway, existing trees and any other significant site features. The qualified professional consultant who prepared and certified the Grading Plan shall approve each lot development plan. 31 Following the completion of the construction of all buildings and structures, site services, driveways and any other significant site features and completion of the fine grading on each Lot, the Lot shall be seeded or sodded and within the first sixty (60) days after the completion of the seeding or sodding, the Subdivider shall file with the Municipality, a certificate signed by the Consulting Engineer, certifying that the lot has been developed in accordance with the Lot development plan. The Subdivider agrees that it will require the purchaser of any Lot within the Plan, as a condition of purchase and sale, to fulfill these requirements. 32 7.4. MODEL HOMES The Owner may erect two (2) model homes during Phase 1 on the Lands on Lot #11 and Lot #13 approved by the Municipality subject to the following: a) Payment of the building permit application fee and an infrastructure deposit to the Municipality for each model home building permit. The Municipality agrees to refund the infrastructure deposit to the Owner, without interest, upon the issuance of “As Constructed” drawings and a follow-up site inspection; b) All financial and other matters are in good standing to date pursuant to the terms and requirements of this Agreement; c) The Owner agrees to submit to the Municipality’s Chief Building Official a Site Plan and other such drawings as the Municipality deems necessary for the development of the Model Home area for approval, which approval must be obtained prior to the commencement of any construction work hereunder and as a prerequisite to the issuance of the building permit with respect to the said Lot. Approval shall relate to the lot grading, drainage, and landscaping as well as other matters which the Owner proposes to install, construct or erect on the said lot; d) The Owner and the Municipality agree that if Services Works have not been installed then additional connection security deposit as determined by the Municipality, will be required at the time of building permit application. The Municipality agrees to refund the connection security deposit to the Owner without interest, upon receipt of written confirmation of connection to the newly installed services; e) Where a building permit has been issued to permit the construction of a model home, an unobstructed emergency access route shall be maintained at all times with a minimum width of six (6) metres constructed of granulars and have sufficient compaction as to provide access for all emergency vehicles to the satisfaction of the Municipality and any Emergency Services; f) Each model home shall comply with all provisions of the Municipality’s Zoning By- law and Ontario Land Surveyor shall provide the Municipality with a building location survey confirming the building location; g) The Owner covenants and agrees that no building or structure or erection built, constructed or erected on any Lot as a model home shall be occupied, save and except that the building may be occupied for the sole purpose of an office to promote the sale of houses in the Plan of Subdivision as described in the Agreement. No occupancy of the model home shall be permitted until all of the other applicable provisions of this Agreement have been complied with. 33 7.5. OCCUPANCY OF UNITS The Subdivider shall not occupy nor permit to be occupied, any dwelling unit on any part of the Lands until: i. a building permit has been obtained and compliance has been made with the provisions of the Building Code Act, 1992. S.O. 1992, c.23 as amended and the Building Code (Ontario Regulation 332/12); ii. a sewer permit has been obtained and the sanitary sewer for the dwelling connected to the municipal sanitary sewer and the storm sewer private drain connection for the dwelling has been connected to the municipal storm sewer, and; iii. water services to the unit have been installed to the satisfaction of the Municipality; iv. electrical and gas services have been installed within the Lands and or arrangements satisfactory to the Municipality Engineer have been made for the installation of such services to the dwelling; and, v. communication and/or telecommunication services for emergency management services (i.e. 911 Emergency Services) have been installed. 7.6. BUILDING COVENANT – NO DUPLICATION The Subdivider agrees that no front exteriors of any dwelling unit shall be duplicated on any street within the Lands unless the duplicated exteriors are located on opposite sides of the street, or, if on the same side of the street unless they are separated by at least four (4) Lots. 8. NOTICES AND FURTHER REQUIREMENTS 8.1. STREET PARKING RESTRICTIONS The Subdivider acknowledges that parking of motor vehicles on Municipality Streets shall only be permitted in the locations identified on the Engineering Drawings listed on the attached Schedule “D” to this Agreement, in accordance with the Municipality of Bayham criteria for parking restrictions. The Subdivider agrees: i. to provide notice of the parking restrictions to the first purchaser of each Lot within the Plan and, no later than the issuance of the first building permit within the Plan; ii. to provide evidence to the Municipality that all marketing materials and plans prepared and used to advertise the sale of lots within the Plan clearly identify the parking restrictions. 34 8.2. COMMUNITY MAILBOXES – CANADA POST The Subdivider acknowledges that Canada Post will provide mail delivery service to the subdivision through centralized Community Mail Boxes (CMB) and agrees to: a) The Owner shall provide Canada Post with the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. As well, the Owner shall provide the expected installation date(s) for the Community Mail Boxes. b) The Owner shall make satisfactory arrangements with Canada Post and the Municipality, for the installation of Canada Post Community Mailboxes and shall indicate these locations on the appropriate servicing plans. The applicant shall further provide the following for the Community Mailboxes: i) The developer agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post; ii) The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Box. The developer also agrees to note the locations of all Community Mail Boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Box; iii) The developer will provide a suitable and safe temporary site for a Community Mail Box until curbs, sidewalks and final grading are completed at the permanent Community Mail Box locations. Canada Post will provide mail delivery to new residents as soon as the homes are occupied; and iv) The developer agrees to provide the following for each Community Mail Box site and to include these requirements on the appropriate servicing plans: a. Any required walkway across the boulevard, per municipal standards; b. Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications); and c. A Community Mailbox concrete base pad per Canada Post specifications. 35 8.3. FUTURE SIDEWALK CONNECTIVITY The Subdivider acknowledges the Municipality’s policies and objectives to promote complete streets, a walkable community, cycling and other active transportation initiatives supporting healthy lifestyle activities and agrees to promote the use of the Municipality’s Parks through community design that includes connectivity and continuity of sidewalks installed within the Plan as well as other links to support access to parks, other neighbourhoods, schools and commercial and employment areas. The Subdivider shall provide evidence to the Municipality that all marketing materials and plans prepared and used to advertise the sale of lots within the Plan clearly identify the active transportation opportunities by identifying the location of sidewalks to be installed within the Plan. 8.4. SCHOOL ASSIGNMENT – THAMES VALLEY DISTRICT SCHOOL BOARD (TVDSB) OR LONDON DISTRICT CATHOLIC SCHOOL BOARD (LDCSB) The Thames Valley District School Board and London District Catholic School Board advises that new homeowners should, at the time of purchase, verify the school designation for students with the applicable Board by using the School Locator on the TVDSB website or LDCSB or by calling the applicable Board Office. Furthermore it is recommended that the Subdivider shall recommend to all purchasers of Lots within the Plan that each Purchaser confirm school designations with either Board at the time of purchase and further advise that additional information is available through the Board web sites. 8.5. ARCHAELOGICAL ASSESSMENT An Archaeological Assessment of the Lands was conducted by Wood Environment & Infrastructure Solutions, a Division of Wood Canada Limited. Their report entitled, “Original Report: Stage 1 & 2 Archaeological Assessment Sandytown Line Subdivision Part of Lot 123, Concession North of Talbot Road East, Straffordville, Municipality of Bayham, Straffordville, Former Township of Bayham, Elgin County, Ontario” dated November 19, 2020 filed with MHSTCI Toronto Office on N/A, MHSTCI Project Information Form Number P219-0072-2020, MHSTCI Fire Number 0013230 recommended that the study area may be considered free of archaeological concern and no further archaeological assessment of the study area is required. The Ministry of Heritage, Sport, Tourism, and Culture Industries (MHSTCI), in a letter dated February 18, 2021 acknowledges the report, which was submitted as a condition of licensing in accordance with Part VI of the Ontario Heritage Act, R.S.O. 1990, c 0.18, was entered into the Ontario Public Register of Archaeological Reports without technical review. 36 The Subdivider is advised that in the event that deeply buried archaeological remains should be discovered during construction, it is recommended that archaeological staff of the Ontario Ministry of Tourism, Culture and Sport be notified immediately. Similarly, in the event that human remains should be encountered during construction, the Funeral, Burial and Cremation Services Act, 2002, S.O.2002.c33 (FBCSA) requires that any person discovering human remains must notify the appropriate municipal police, the local coroner, and the Bereavement Authority of Ontario. 8.6 GROUNDWATER/SOILS TESTING The Subdivider acknowledges that the Municipality’s review of the Plan was limited to land use planning and public engineering concerns and did not include groundwater, soil or soil atmosphere testing. The Municipality makes no warranty as to the environmental condition of the groundwater, lands or atmosphere comprising the Lands and the Subdivider explicitly acknowledges that it has not received nor is relying on any such warranty by the Municipality. If the Subdivider considers it prudent in the circumstances, before proceeding with this Plan of Subdivision, it shall retain such consultants and conduct such investigations as it considers advisable at its sole risk and expense. The Ministry of Environment, Conservation and Parks must be notified immediately should waste materials and/or other contaminants be discovered, and in the event waste materials and/or other contaminants are discovered, a further approval under Section 46 of the Environmental Protection Act may be required from the Ministry of Environment, Conservation and Parks. 9. SPECIAL PROVISIONS 9.1 STREET NAMES The streets included in the draft plan of subdivision shall be named, to the satisfaction of the Municipality of Bayham, being: Street A - MAVERICK COURT Street B - WALL STREET 9.2 MULTI-WELL PUMPING TEST That a multi-well simultaneous pumping test utilizing a minimum of three wells, drilled on adjacent lots during Phase 1 of the development, be conducted to provide empirical verification of the calculations in the amended Hydrogeological Assessment (prepared by Ian D. Wilson Associates Ltd. and dated January 22, 2021) and confirm that the proposed density is acceptable prior to the commencement of Phase 2 construction in accordance with 37 Condition 3 of Draft Plan of Approval Notice of Decision dated June 28, 2022. 10. CONSTRUCTION AND APPLICABLE STANDARDS 10.1. CONSTRUCTION CONTRACT(S) APPROVAL The Subdivider shall install or construct, or cause to be installed or constructed, the Underground and Above Ground Services in accordance with contract documents approved by the Consulting Engineer who shall ensure that such pertinent plans and specifications, are included in the tender and contract documents and such other documents as may be required by the Municipality and/or the Municipality Engineer. The contract documents shall at the discretion of the Consulting Engineer and/or upon any request for same by the Municipality and/or the Municipality Engineer be filed with the Municipality prior to the commencement of the construction or installation of any of the services to which they relate. 10.2. INSPECTION AND ENTRY The construction and installations by the approved contractor(s) shall be performed under the supervision of the Consulting Engineer with additional inspections to be made, at the Municipality’s discretion, by the Municipality and/or the Municipality Engineer. The Municipality, by its employees or by agents and consultants, if any, retained by the Municipality, may enter the Subdivider’s lands at all reasonable times and for all reasonable purposes including for all inspections that may be deemed by the Municipality to be necessary or advisable, without prior notice to the Subdivider. 10.3. USE OF PUBLIC HIGHWAYS The Subdivider will not do any work on, under or over or use any public highway abutting the Lands in connection with the performance of this Agreement, except with the express written approval of the Municipality. Where any such work is approved, it shall be commenced and completed within such time or times as are fixed by the Municipality and/or the Municipality Engineer and to the Municipality’s satisfaction. The Subdivider further agrees to provide such barriers and signs and take other steps as may be required by the Municipality to avoid injury or risk of injury to any person using such highway. 10.4. LIENS The Subdivider shall comply with all provisions of the Construction Act, R.S.O. 1990, c. C.30 (hereinafter the “Construction Act”), as amended from time to time, and without limiting the generality of the foregoing, shall hold in its possession all statutory holdbacks and any additional funds required to be held by the Construction Act. These holdbacks and funds shall not be disbursed except in accordance with the Construction Act. The Subdivider shall at the Subdivider’s expense, within thirty 38 (30) days of receiving written notice from the Municipality to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought, or registered under the Construction Act, which may affect the Lands and any other lands, including public highways, road allowances and other lands, and which arise out of performance of the terms of this Agreement by the Subdivider. The Owner shall indemnify and hold harmless the municipality from all losses, damages, expenses, actions, causes of actions, suits, claims, demands and costs whatsoever which may arise either directly or indirectly by reason of failure, neglect, or refusal by the Owner to comply with the Construction Act, or by reason of any action brought against the municipality under the Construction Act, and arising out of the performance of this Agreement by the Owner. The Municipality may, at any time, after the expiry of the thirty (30) day period of written notice referred to above, authorize the use of all or any part of the performance security or deposits required under this Agreement, (a) to pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought, or registered under the Construction Act, which may affect any lands subject to this Agreement, including public highways, road allowances and other lands; and, (b) to pay the Municipality any amounts owing to the Municipality under this Section. The Subdivider acknowledges that the Municipality shall not be required to reduce or release any security or deposit until the Municipality is satisfied that all of the provisions of this Section have been complied with. Where this Agreement requires that proof of no liens filed must be provided, the requirement may be fulfilled by certification in writing from the Subdivider’s solicitor or the Consulting Engineer stating that: (a) All contractors for the Works for which a reduction or release is sought have been paid in full; (b) That the applicable lien periods have been completed; and, (c) That no liens have been brought or registered. The certification shall also explicitly acknowledge that the Municipality is entitled to rely on the certification and that the author fully indemnifies the Municipality of any subsequent claim, actions, or costs arising from such reliance and shall ensure that any subsequent claim or action is discharged to the satisfaction of the Municipality at no cost to the Municipality. 10.5. STANDARDS APPLICABLE TO SERVICE INSTALLATIONS a) ROAD DESIGN AND CLASS OF ROADS i. All streets shall be constructed to the Municipality’s local road classification as set out in the Municipality of Bayham Design Construction Standards 2018 in accordance with the approved Engineering Drawings as a two- phase development attached as Schedules to this agreement. ii. All road designs within the Lands are to conform to the most current version of the Municipality of Bayham Design Construction Standards 2018 at the time of development. 39 iii. The timing of the construction of related future roads to ensure connectivity for active transportation is to be clearly defined as context for the streets within the Lands. b) SOIL CERTIFICATES – ROADS AND UNDERGROUND SERVICES The Subdivider agrees to hire a qualified geotechnical consultant in good standing with the Professional Engineers Association of Ontario with experience in road works satisfactory to the Municipality Engineer to check the construction procedures, quality of materials and workmanship used and to provide a written certificate that the design standards approved by the Consulting Engineer and the Municipality Engineer for the road works required under this Agreement have been achieved. All testing shall be carried out to the satisfaction of the Municipality Engineer. The Subdivider shall perform periodic inspections and such further assessments and inspections as appropriate or as the Municipality Engineer requires. The Subdivider agrees that prior to commencing any sewer construction, it will hold a meeting with representatives of its contractor and its soil consultant and shall establish, and have approved by the Municipality Engineer, the means of compacting trench backfill material. The Subdivider is to have its soil consultant and the Consulting Engineer on site when the installation of sewers is started. The approved method or methods of compacting the sewer trench backfill material shall be tested by the soils consultant to ensure that the method or methods to be used meets the road design criteria. Not more than one hundred fifty (150) metres of sewer shall be laid, unless approved otherwise by the Consulting Engineer until the soil consultant has approved the compaction method or methods. The soils consultant shall supply to the contractor, the Consulting Engineer and the Municipality Engineer, in writing, descriptions of the approved compaction method or methods and their test results within two (2) days after the initial testing. A written certificate by the Subdivider’s qualified soil consultant is to be supplied to the Municipality Engineer prior to a request by the Subdivider for the assumption of any road(s) within the Lands and is to cover all roads contained in the request for assumption. c) TREE PLANTING The Owner or Subdivider shall plant one tree per lot in the front yard and of a kind and size approved in writing by the Manager of Public Works. Should any tree die within 12 months of planting the Owner or Subdivider shall replace the tree with a new tree as prescribed in this agreement. Trees are to be planted a minimum of 1 metre (3.3 feet) behind the front property line and located so as not to interfere with services and utilities at any time. d) TURN AROUND DESIGN 40 The Subdivider shall ensure the design of turn arounds within the Lands, is consistent with design drawings approved by the Municipality. e) SANITARY SEWER SYSTEM i. SEPARATION Every sanitary sewage system installed or constructed on the Lands shall be separate and distinct from every storm sewage system on such lands and within such building or buildings and shall be connected only to the Municipality's sanitary sewage system. Every storm sewage system installed or constructed on the Lands shall be separate and distinct from every sanitary sewage system on such lands and shall be connected only to the Municipality's storm sewage system. ii. INSPECTION RECORD The Certificate of Substantial Completion is to be issued and again prior to the Certificate of Assumption of Services by the Municipality, including the sanitary sewer system described in the Engineering Drawings which is a Schedule to this Agreement, the Subdivider agrees to inspect all such sewers within the Lands by a televised inspection method, or an equivalent method satisfactory to the Municipality Engineer, and to provide the Municipality with an inspection record satisfactory to the Municipality Engineer in the form of a copy of the video tape, digital record or other production generated by each such sanitary sewer inspection. 11. FURTHER COVENANTS The Parties further covenant as follows: 11.1. DEFAULT a) If the Subdivider fails: i. to commence or complete the installation or construction of any of the Services required in accordance with the plans which are Schedules to this Agreement, within the times specified in this Agreement; or, If, in the Municipality Engineer’s opinion, the Subdivider: ii. fails to install or construct such Services in accordance with the plans attached as Schedules to this Agreement; or, iii. after commencing the installation or construction of any such Services, fails to prosecute such installation or construction within agreed upon time or in order that the works may be completed within the time provided in this Agreement; or iv. is improperly performing or carelessly executing work involved in the installation or construction of any such Service; or v. has neglected or unreasonably delayed installation or construction or reconstruction or repair or replacement of such Services; or 41 vi. has neglected or refused to reconstruct or perform remediation of such Services as may be rejected by the Municipality Engineer as defective or unsuitable; and any such default continues for ten (10) days or for another a period stated by the Municipality in the notice, after notice of the default from the Municipality Engineer has been given to the Subdivider, then the Municipality, in addition to any other remedy the Municipality may have, may take such steps as it deems necessary to remedy the said default. b) In case of emergency circumstances, as determined in the discretion of the Municipality Engineer, where remedial measures, repairs or replacements are necessary, in the Municipality Engineer’s opinion, to alleviate any default (referred to above) by the Subdivider such work may be done by the Municipality without advance notice to the Subdivider. 11.2. REPAIR OF SERVICES a) If at any time prior to Assumption of the Services, any of the Services do not function or do not function properly, the Municipality shall, subject to 11.2 b) below, give notice of such malfunction to the Subdivider and if such malfunction is not remedied within ten (10) days of the mailing of such, or a longer period if stated in the notice, then the Municipality may make whatever repairs or replacements it deems necessary. b) That if at any time prior to the Assumption of the Services, any of the Services do not function or do not function properly and in the opinion of the Municipality Engineer repairs or replacements are immediately necessary to prevent damage or hardship to persons or property, the Municipality may proceed forthwith to make whatever repairs or replacements it deems necessary and the cost, with or without notice. 11.3. MUNICIPALITY PERFORMING WORKS a) Where in the opinion of the Municipality Engineer, it is necessary or advisable to perform remedial work or to construct or install or complete the whole or any part of any of the Services, such Service or Services may be installed, constructed or completed in whole or in part by the Municipality and the cost of remedying any default or of constructing, installing or completing the whole or any part of any of the services, together with an engineering and administration fee of five percent (5%) of the cost as certified by the Municipality Engineer shall be paid by the Subdivider to the Municipality. b) The Subdivider and the Municipality agree that where the Municipality installs, constructs, repairs or maintains any of the Services prior to the Services being Assumed by the Municipality as provide by the terms of this Agreement, such installation, construction, repair or maintenance shall be done as agent for the Subdivider and shall not constitute an Assumption of the Service or Services by the Municipality. 42 c) The Subdivider will repair, at the Subdivider’s expense, in a good and workmanlike manner, to the satisfaction of the Municipality and/or the Municipality Engineer and within such time as the Municipality and/or the Municipality Engineer may provide, any damage to any of the Services and damage to any other municipal service where such damage has resulted from the installation or construction of any Services or from the construction of any building or structure on Lands or from the performance of any other work on the Lands, or from the performance of any work within the public highways abutting the Lands or the performance of any other work arising from the terms of this Agreement. 11.4. MAINTENANCE OF SERVICES a) For the purposes of this section “maintenance” includes grading, dust- laying or snow ploughing of any road, removal of mud and/or debris from internal or abutting streets, cleaning of sewers, flushing of watermains, flushing and cleaning of stormwater management facilities and replacement of street lighting bulbs and such repairs of other works as the Municipality and/or the Municipality Engineer may from time to time designate. b) The Municipality may elect to provide maintenance from time to time for any or all of the Services constructed or installed by the Subdivider. The maintenance shall be allocated as follows: i. the Subdivider shall pay to the Municipality the costs of all such maintenance performed by the Municipality prior to the Certificate of Substantial Completion under Section 12, ii. the Municipality shall be responsible for the costs of all such maintenance performed by the Municipality after the Certificate of Substantial Completion has been issued, until the services have been Assumed by the Municipality and thereafter. c) If prior to the Certificate of Substantial Completion, in the opinion of the Municipality, snow ploughing is required or where, in respect to any other maintenance, in the Municipality and/or the Municipality Engineer’s opinion an emergency exists, the Municipality may, without notice to the Subdivider, provide snow ploughing or whatever maintenance is in the Municipality and/or the Municipality Engineer’s opinion necessary to meet such emergency in respect to any or all of the Services constructed or installed by the Subdivider. d) Where no emergency exists relating to the required maintenance work and the work is to be performed by the Municipality prior to the Certificate of Substantial Completion at the cost of the Subdivider, the Municipality shall make reasonable efforts to inform the Subdivider of the maintenance required using one or more of the following methods and the contact information provided according to this Agreement: 43 i. conversation in person or by telephone with the Subdivider or consulting Engineer; ii. telephone message left for the Subdivider; iii. e-mail using current Subdivider email. If the Subdivider declines to perform the maintenance works or fails to undertake the maintenance work within 8 hours following the forwarding of information described above, or if the Subdivider fails to proceed expeditiously with the completion of such work after commencing same the Municipality will proceed to do the subject maintenance work. 11.5. ALLOCATION OF SEWAGE CAPACITY a) The Subdivider agrees with the Municipali ty that the registration of this Plan does not constitute an allocation by the Municipality of any sewage capacity in the Municipality's sewage treatment systems beyond development of the residential Lots in a two-phase development as shown on the Plan. 11.6. VEHICLE CLEANING OBLIGATIONS The Subdivider shall provide vehicle-cleaning facilities for vehicles operating within and leaving the subdivision so that debris and/or mud from the Lands will not be deposited onto any street within or beyond the Lands. Where debris and/or mud from such lands is deposited on any street within or beyond the Lands, the Subdivider shall promptly remove such debris and/or mud to the satisfaction of the Municipality and if, in the opinion of the Municipality, the Subdivider has failed to do so promptly or to do so to its satisfaction, then the Municipality may undertake such removal and the associated cost shall be paid by the Subdivider. In the event of any dispute as to the origin of any debris and/or mud on any street within or beyond the Lands, the decision of the Municipality shall be final and binding. If requested by the Municipality, the Subdivider agrees to construct a properly drained and gravelled wash area(s) within the Lands to prevent the tracking of debris and/or mud onto Municipality streets. 12. SUBSTANTIAL COMPLETION AND ASSUMPTION 12.1. CERTIFICATE OF SUBSTANTIAL COMPLETION a) After the Subdivider has completed all of the Services shown in the Engineering Drawings which are Schedules to this Agreement, the Subdivider shall apply to the Municipality for a Certificate of Substantial Completion. The Subdivider’s application shall be accompanied by: i. the Consulting Engineer’s detailed report on the completed works and Services in a form satisfactory to the Municipality and/or the Municipality Engineer, 44 ii. a final grading plan for all lands comprising the streets and Lots within the Plan with compliance certified by the Consulting Engineer or Ontario Land Surveyor, iii. as-constructed drawings of all Services and such other documentation as the Municipality Engineer may require verifying conformity to the approved Engineering Drawings which are Schedules to this Agreement, and applicable standards of the Municipality, and iv. the video sewer inspection records referred to this Agreement. b) The Municipality may conduct such inspection or further investigations of the installed services and works as the Municipality may deem appropriate. c) upon the Municipality determining that all the Services shown on the plans which are Schedules to this Agreement have, to the satisfaction of the Municipality Engineer, been substantially completed, the Municipality shall provide the Subdivider with a Certificate of Substantial Completion evidencing the satisfactory substantial construction of such Services whereupon the ownership of such Services shall vest in the Municipality. 12.2. WARRANTY PERIOD Notwithstanding such vesting of ownership, and the performance of maintenance by the Municipality, all of the municipal Services shall continue to be fully repaired, replaced and reconstructed, as needed, by the Subdivider for a further two-year warranty period, commencing on the date on which the Municipality issues the Certificate of Substantial Completion. The Municipality shall not be deemed to have assumed responsibility for such repair, reconstruction and replacement; nor shall it be presumed or deemed that the Services comply with all specifications and standards required under this Agreement. 12.3. CERTIFICATE OF ASSUMPTION At the end of the first two years after the date of issuance of the Certificate of Substantial Completion by the Municipality, the said Services shall be eligible for a Certificate of Assumption provided that the Subdivider is not in default in respect to any aspect of the condition deficiency or compliance of any of the Services, as determined by the Municipality following an inspection of Services by the Municipality and/or the Municipality Engineer and the Municipality Engineer’s review of such reports as the Municipality Engineer may require from the Consulting Engineer or other qualified persons. Such inspection and review shall be performed by the Municipality Engineer in response to a request from the Subdivider or, in the absence of a timely request, at the initiative of the Municipality Engineer. The following requirements shall be met prior to a Certificate of Assumption being issued by the Municipality: 45 a) The Subdivider shall have repaired or otherwise rectified any deficiencies noted by the Municipality Engineer, to the satisfaction of the Municipality Engineer; b) The Subdivider shall file with the Municipality a certificate from an Ontario Land Surveyor certifying that such bars and monuments within the Lands as are designated by the Municipality Engineer are located in accordance with the Plan; c) The Subdivider shall file with the Municipality a final set of “as constructed” drawings, certified by the Consulting Engineer and including the Services including any Services described as temporary in this Agreement, which then remain in use. The drawings shall be prepared to the current standards of the Municipality and to satisfaction of the Municipality Engineer; and, d) The Subdivider shall provide sufficient proof, as required hereunder and to the satisfaction of the Municipality’s Treasurer, that no liens have been brought or registered. Upon the Municipality issuing the Certificate of Assumption the Municipality shall, if there is then no default by the Subdivider, report to the elected Council of the Municipality, recommending that the Council pass a by-law to assume all of the Services in accordance with the Certificate of Assumption. After passage of such by-law the Municipality shall be responsible for the repair and maintenance of all municipal services and works constructed and installed under this Agreement, subject only to any exception set out in this Agreement or in other written agreement(s) between the Parties. 12.4. NO WINTER INSPECTION A request for a Certificate of Substantial Completion or for a Certificate of Assumption shall not be made between November 15th of any year and April 1st of the year following, and the Subdivider acknowledges that neither of these certificates will be issued in any such period. 13. GENERAL PROVISIONS 13.1. TIME IS OF THE ESSENCE Time shall be of the essence in this Agreement. 13.2. NOTIFICATION If any notice is required to be given to the Subdivider by the Municipality or the Municipality Engineer with respect to any matter relating to this Agreement, such notice, if sent by prepaid registered mail or delivered, shall be addressed or delivered to the address below or may be emailed to: 1985763 ONTARIO INC. c/o FRANK WALL 8635 STEWART RD 46 STRAFFORDVILLE ON N0J 1Y0 Telephone: 226-377-1703 Email: urbanrockdevelopments@gmail.com or to such other address as is given by registered mail to the Municipality and any such notice mailed, delivered or emailed as provided above shall be deemed good and sufficient notice under the terms of this Agreement. 13.3. PRIORITY OF MUNICIPALITY ACTIONS Where in this Agreement, the Municipality is authorized to do any act, whether or not there is any default on the part of the Subdivider, the Subdivider shall not in any way interfere with any act done by the Municipality and the Subdivider shall not permit its agents, servants, officers and contractors to interfere in any way. On notice from the Municipality, the Subdivider shall terminate any work which it may be doing or cause its agents, servants, officers and contractors to terminate any work which they may be doing which interferes with the Municipality carrying out or proceeding on anything authorized to be done by the Municipality 13.4. DELEGATION OF MUNICIPALITY RESPONSIBILITES Where in this Agreement provision is made for anything to be done by the Municipality or by the Manager of Public Works, it may also be done together with or by a person or persons or corporation designated by the Municipality or designated by the Manager of Public Works, as the case may be. 13.5. ASSIGNMENT OF OBLIGATION No right or obligation under this Agreement shall be assigned by the Subdivider in whole or in part without the written consent of the Municipality, but such consent shall not be unreasonably withheld. 13.6. ESTOPPEL The Parties acknowledge the consensual nature of this Agreement and the reliance of both Parties on the incontestability of the terms and conditions of this Agreement. Neither party shall call into question, directly or indirectly, in any proceedings whatsoever, in law or in equity, or before any administrative tribunal, the right of the Municipality to enter into this Agreement or to enforce each and every covenant and condition contained herein. This Agreement may be pleaded as an estoppel against any other party in such proceedings. 13.7. ENTIRETY This Agreement and all attached schedules constitute the entire agreement between the Parties to this Agreement pertaining to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the Parties. There are no warranties, representations or other agreements between the Parties in connection 47 with the subject matter of this Agreement save and except as specifically set forth herein. 13.8. SUCCESSOR OBLIGATIONS AND BENEFIT The Subdivider agrees that the Municipality may enforce the provisions of this Agreement against the Subdivider and, subject to the Land Titles Act R.S.O. 1990, c L.5, against any and all subsequent owners of the lands described in Schedule “A” and any part thereof. This Agreement shall in effect run with the lands within the Lands. 13.9. SUCCESSION This Agreement and the covenants, provisions, conditions and schedules herein contained shall enure to the benefit of, and be binding upon the respective successors, trustees or assigns of each of the Parties hereto. IN WITHESS WHEREOF the Parties hereto have executed this Agreement. The date on which this Agreement is executed by the last of the Parties to sign, is the date of Agreement, to be inserted at the head of this Agreement Executed this 21st day of December 2023. ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) ) ______________________________ ) Ed Ketchabaw, Mayor ) ) ) ______________________________ ) Meagan Elliott, Clerk ) I/We have authority to bind the Corporation ) Executed this day of 2023. ) 1985763 ONTARIO INC. ) ) ) 48 ) ______________________________ ) Frank Wall, President ) ) I have authority to bind the Corporation 49 SCHEDULE “A” SUBDIVISION AGREEMENT dated the day of 20____. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter called the “Municipality” and one of the parties) - and - 1985763 ONTARIO INC. a corporation incorporated under the laws of the Province of Ontario and having its registered office in the Municipality of Bayham in the County of Elgin (hereinafter called the “Subdivider” and one of the parties) LEGAL DESCRIPTION PART OF LOT 123, CONCESSION NTR BAYHAM DESIGNATED AS PART 1, 11R-11079; MUNICIPALITY OF BAYHAM being all of PIN 35337-0360 (LT) 50 ADD SCHEDULE “B1” - PLAN OF SUBDIVISION – PHASE 1 SCHEDULE “B2” - DRAFT PLAN OF SUBDIVISION – PHASE 2 SCHEDULE “C” - BLOCKS & EASEMENTS TO BE TRANSFERRED BY SUBDIVIDER 51 SCHEDULE “D” SUBDIVISION AGREEMENT dated the 21st day of December 2023. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter called the “Municipality” and one of the parties) - and – 1985763 ONTARIO INC. a corporation incorporated under the laws of the Province of Ontario and having its registered office in the Municipality of Bayham in the County of Elgin (hereinafter called the “Subdivider” and one of the parties) ENGINEERED DRAWINGS LIST AND DESCRIPTIONS The following are the list of plans identified by drawing numbers and descriptions that are located in the municipal office. Drawing No. Description Date/Version 1 Cover Page Rev No. 3 26 OCT 2023 2 Grading Plan Rev No. 3 26 OCT 2023 3 Sanitary System Drainage and Areas Rev No. 3 26 OCT 2023 4 Pumping Station Tributary Area Rev No. 3 26 OCT 2023 5 Storm System Drainage and Areas Rev No. 3 26 OCT 2023 6 Maverick Court 0+000 to 0+230 Rev No. 3 26 OCT 2023 7 Wall Street 0+00 to 0+358 Rev No. 3 26 OCT 2023 8 Storm Sewer Easements Page 1 Rev No. 3 26 OCT 2023 9 Storm Sewer Easements Page 2 Rev No. 3 26 OCT 2023 52 10 Stormwater Management Area Rev No. 3 26 OCT 2023 11 Sanitary Pumping Station Plan Block 41 Rev No. 2 18 JUL 2023 Future Phase 2 Construction 12 Sanitary Pumping Station Profile Block 41 Rev No. 2 18 JUL 2023 Future Phase 2 Construction 13 Sanitary Pumping Station Notes and Details Rev No.2 18 JUL 2023 Future Phase 2 Construction 14 Erosion and Sediment Control Plan Rev No. 3 26 OCT 2023 15 General Notes Page Rev No. 3 26 OCT 2023 16 Misc. Details Page Rev No. 3 26 OCT 2023 53 ADD SCHEDULE “E1” - Estimated Construction Costs & Securities - Phase 1 SCHEDULE “E2” - Estimated Construction Costs & Securities - Phase 2 SCHEDULE “E3” - Implementation Schedule – Phase 1 and Phase 2 20033 14-Aug-23 Security Estimate (Rev 1) - 18-Sept-23 Security Estimate (Rev 2) - 21-Sept-23 Security Estimate (Rev 3) - 3-Nov-23 UNIT PRICE TOTAL %$%$ 200mmø 540 m 175 94,500 70 66,150 1200mmø manholes 9 each 7,500 67,500 70 47,250 PDC's 39 each 1,500 58,500 70 40,950 Miscellaneous 1,500 70 1,050 $222,000 $222,000 $155,400 $0 600mmø 21 m 375 7,875 70 5,513 450mmø 322 m 235 75,670 70 52,969 300mmø 158 m 180 28,422 70 19,895 250mmø 97 m 175 16,975 70 11,883 PDC's 39 each 1,500 58,500 70 40,950 Single catchbasin 13 each 3,000 39,000 70 27,300 Double Catchbasin 2 each 5,000 10,000 70 7,000 1200mmø manhole 9 each 6,500 58,500 70 40,950 250mmø CB leads 30 m 100 3,000 70 2,100 300mmø CB leads 10 m 130 1,300 70 910 Miscellaneous 758 70 531 $300,000 $300,000 $210,000 $0 SANITARY FORCEMAIN (Maverick Court and Wall Street) Temproary Low flow forcemain (50mmø)75 m 100 7,500 70 5,250 100mmø 347 m 150 52,050 70 36,435 Miscellaneous 450 70 315 $60,000 $60,000 $42,000 $0 600ø headwall 1 each 20,000 20,000 70 14,000 1200 x 1200mm outlet control chamber 1 each 20,000 20,000 70 14,000 1000mm standpipe 1 each 12,000 12,000 70 8,400 300mmø 9 m 180 1,620 70 1,134 Dry Hydrant 1 l/s 10,000 10,000 70 7,000 Cable concrete mats 8 each 3,000 24,000 70 16,800 Fine grading 1 l/s 10,000 10,000 70 7,000 Landscaping 1 l/s 10,000 10,000 70 7,000 Allowance for Fire Protection Maintenance 1 l/s 15,000 15,000 100 15,000 Miscellaneous 1,380 70 966 $124,000 $124,000 $91,300 $0 Excavation, grading, excluding lot grading 1 l/s 15,000 15,000 70 10,500 Granular B (300mm thick) - MAVERICK COURT 650 m³40 26,000 70 18,200 Granular B (300mm thick) - WALL STREET 150 m³40 6,000 70 4,200 Granular A (100mm thick) - MAVERICK COURT 340 m³50 17,000 70 11,900 Granular A (100mm thick) - WALL STREET 60 m³50 3,000 70 2,100 Asphalt curb and gutter 9 m 40 360 100 360 Street Lights 5 each 4,000 20,000 100 20,000 Mountable curb and gutter - MAVERICK COURT 433 m 40 17,320 100 17,320 Mountable curb and gutter - WALL STREET 90 m 40 3,600 100 3,600 HL8 base asphalt (50mm thick) - MAVERICK COURT 280 tonnes 110 30,800 100 30,800 HL8 base asphalt (50mm thick) - WALL STREET 50 tonnes 110 5,500 100 5,500 Miscellaneous 1,420 100 1,420 $146,000 $146,000 $125,900 $0 Sidewalk - MAVERICK COURT 195 m2 50 9,750 100 9,750 Sidewalk - WALL STREET 70 m2 50 3,500 100 3,500 Catch Basin Adjustments 5 each 150 750 100 750 Manhole Adjustments 6 each 500 3,000 100 3,000 Milling - 200±m²1 l/s 2,500 2,500 100 2,500 Sweeping and tack coat - 2,050±m²1 l/s 2,500 2,500 100 2,500 HL3 Surface Asphalt (40mm thick) - MAVERICK COURT 225 tonnes 120 27,000 100 27,000 HL3 Surface Asphalt (40mm thick) - WALL STREET 40 tonnes 120 4,800 100 4,800 Miscellaneous 1,200 100 1,200 $55,000 $55,000 $55,000 $0 SUB-TOTAL CONSTRUCTION COSTS $907,000 $679,600 $0 TOTAL REQUIRED SECURITY $679,600 Supervision and contract administration (5%)46,000 Geotechnical Investigation and Testing (1.5%)14,000 Electrical Servicing - 13 Lots @ $5,000 65,000 Utility Co-ordination by CJDL 5,000 Contingency Allowance (10%)91,000 TOTAL PHASE 1 ESTIMATED COST $1,128,000 $1,128,000 The foregoing costs exclude: • Development charges; • HST; • Legal costs; • Utility conflicts and relocation; • Driveways; • Private Well Construction; • Grading, topsoil sod around units; • Landscaping, trees; and • Electrical service rebate. ROADWORK (YEAR ONE, MAVERICK COURT AND WALL STREET STUB) TOTAL ESTIMATED CONSTRUCTION COST FOR SANDYTOWN ROAD SUBDIVISION - PHASE 1 Cameron Cluett, P. Eng. CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, TILLSONBURG, ONTARIO. QUANTITY SANITARY SEWER (Maverick Court and Wall Street) STORM SEWER (Maverick Court and Wall Street) STORMWATER MANAGEMENT ROADWORK (YEAR TWO, MAVERICK COURT AND WALL STREET STUB) SECURITY ESTIMATE SCHEDULE 1 SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE MUNICIPALITY OF BAYHAM ESTIMATED CONSTRUCTION COSTS PHASE 1 (LOTS 1-13 FRONTING MAVERICK COURT, INCL. WALL STREET STUB) 100% PERFORMANCE MAINTENANCE 20033 14-Aug-23 Rev 1 - 21-Sept-23 (Security Estimate) Rev 2 - 3-Nov-23 UNIT PRICE TOTAL %$%$ SANITARY SEWAGE PUMPING STATION Pumping Station (wet well, valve chamber, appertenances)1l/s 400,000 400,000 70 280,000 Electrical Panel and SCADA Programming 1 l/s 100,000 100,000 70 70,000 Site Works 1 l/s 30,000 30,000 70 21,000 Miscellaneous 10,000 70 7,000 $540,000 $540,000 $378,000 $0 250mmø 80 m 175 14,000 70 9,800 300mmø 180 m 180 32,400 70 22,680 375mmø 131 m 210 27,426 70 19,198 450mmø 75 m 235 17,555 70 12,288 250mmø CB leads 30 m 100 3,000 70 2,100 300mmø CB leads 6 m 130 780 70 546 Single catchbasin 7 each 3,000 21,000 70 14,700 375mmø Headwall to SWM Pond 1 each 10,000 10,000 70 7,000 Miscellaneous 1,840 70 1,288 $128,000 $128,000 $89,600 $0 Excavation, grading, excluding lot grading 1 l/s 15,000 15,000 70 10,500 Granular B (300mm thick)900 m³40 36,000 70 25,200 Granular A (100mm thick)305 m³50 15,250 70 10,675 Mountable curb and gutter 580 m 40 23,200 100 23,200 Street Lights 5 each 4,000 20,000 100 20,000 HL8 base asphalt (50mm thick)300 tonnes 110 33,000 100 33,000 Miscellaneous 1,550 100 1,550 $144,000 $144,000 $124,125 $0 Sidewalk 423 m2 50 21,150 100 21,150 Catch Basin Adjustments 8 each 150 1,200 100 1,200 Manhole Adjustments 10 each 500 5,000 100 5,000 Milling - 200±m²1 l/s 2,500 2,500 100 2,500 Sweeping and tack coat - 2,220±m²1 l/s 2,500 2,500 100 2,500 HL3 Surface Asphalt (40mm thick)250 tonnes 120 30,000 100 30,000 Miscellaneous 2,650 100 2,650 $65,000 $65,000 $65,000 $0 SUB-TOTAL CONSTRUCTION COSTS $877,000 $656,725 $0 TOTAL REQUIRED SECURITY $656,725 Supervision and contract administration (5%)44,000 Geotechnical Investigation and Testing (1.5%)14,000 Electrical Servicing - 26 Lots @ $5,000 130,000 Utility Co-ordination by CJDL 5,000 Contingency Allowance (10%)88,000 TOTAL PHASE 2 ESTIMATED COST $1,158,000 $1,158,000 The foregoing costs exclude: • Development charges; • HST; • Legal costs; • Cost recovery to oversize pumping station; • Utility conflicts and relocation; • Driveways; • Private Well Construction; • Grading, topsoil sod around units; • Landscaping, trees; and • Electrical service rebate. SECURITY ESTIMATE 100% PERFORMANCE MAINTENANCE SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE MUNICIPALITY OF BAYHAM ESTIMATED CONSTRUCTION COSTS PHASE 2 (LOTS 14-39 FRONTING WALL STREET) SCHEDULE 2 ROADWORK (YEAR ONE, WALL STREET STUB TO STEWART ROAD) TOTAL ESTIMATED CONSTRUCTION COST FOR SANDYTOWN ROAD SUBDIVISION - PHASE 2 Cameron Cluett, P. Eng. CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, TILLSONBURG, ONTARIO. QUANTITY STORM SEWER (Lots 14-39 Rear Yards) ROADWORK (YEAR TWO, WALL STREET STUB TO STEWART ROAD) 20033 14-Aug-23 Rev 1 - 21-Sept-23 Rev 2 - 3-Nov-23 1 December 2023 2 Road Construction (Maverick Court and Wall Street Stub) - including Curbs, Granular A&B, Base Lift Asphalt February 2023 3 Utility Servicing (Maverick Court) - Hydro, Gas, Telephone, Cable TV March 2023 4 Sidewalks (Maverick Court and Wall Street Stub) 5 Street Lighting (Maverick Court)March 2023 6 Boulevard Restoration (Maverick Court) - including topsoil and sod 7 Top Lift Asphalt (Maverick Court)August 2025 8 Road Construction (Wall Street Stub to Stewart Road) - including Curbs, Granular A&B, Base Lift Asphalt July 2024 9 Sanitary Pumping Station (Wall Street)August 2024 10 Utility Servicing (Wall Street) - Hydro, Gas, Telephone, Cable TV September 2024 11 Sidewalks (Wall Street Stub to Stewart Road) 12 Street Lighting (Wall Street)September 2024 13 Boulevard Restoration (Wall Street) - including topsoil and sod 14 Top Lift Asphalt (Wall Street Stub to Stewart Road)August 2026 Completed after house construction (2025 - 2026) Completed after house construction (2025 - 2026) SCHEDULE 3 SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE MUNICIPALITY OF BAYHAM IMPLEMENTATION SCHEDULE PHASE 1 Underground Services - Sanitary Sewers, Storm Sewers, Forcemain, and SWM Pond on Maverick Court and Wall Street Completed after house construction (Late 2024 - 2025) Completed after house construction (Late 2024 - 2025) PHASE 2 20033 14-Aug-23 Rev 1 - 21-Sept-23 Rev 2 - 3-Nov-23 SCHEDULE 1 $1,128,000 SCHEDULE 2 $1,158,000 $2,286,000 SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE MUNICIPALITY OF BAYHAM ESTIMATED CONSTRUCTION COSTS SUMMARY OF SCHEDULES PHASE 1 Cameron Cluett, P. Eng. CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, TILLSONBURG, ONTARIO. PHASE 2 TOTAL ESTIMATED CONSTRUCTION COST THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-093 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN 552855 ONTARIO LTD. 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 2022-046 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 also enter into a Development Agreement with 552855 Ontario Ltd.; 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 Development Agreement between The Corporation of the Municipality of Bayham and 552855 Ontario Ltd. 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 21st day of December 2023. READ A THIRD TIME AND FINALLY PASSED this 21st day of December 2023. _____________________________ ___________________________ MAYOR CLERK 1 SCHEDULE “A” TO BY-LAW NO. 2023-093 DEVELOPMENT AMENDING AGREEMENT MADE UNDER SECTION 41 OF THE PLANNING ACT, R.S.O. 1990 THIS AGREEMENT made this ______ day of ______________________ 2023. BETWEEN: 552855 ONTARIO LTD. (Hereinafter called the “Owner”) OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the “Municipality”) OF THE SECOND PART WHEREAS the Owner represents that it is the owner of the lands described as being Part of Lot 11 & 12, Concession 1 Bayham, and being all of the P.I.N. identified as P.I.N. 35322-0241 (LT), in the Registry Office for the Land Titles Division of Elgin (No. 11); AND WHEREAS the Municipality has enacted a Site Plan Control Area By-law pursuant to the provisions of Section 41 of the Planning Act, R.S.O. 1990, C. P.13, as amended, which By-law affects the lands as described above; AND WHEREAS by Agreement dated May 11, 2020 and registered in the Registry Office for the Land Titles Division of Elgin (No. 11) on the 9th day of September 2020 as Instrument No. CT186358, the Owner of the subject lands being the Long Point Region Conservation Authority (LPRCA) entered into a Development Agreement (the “Development Agreement”) with the Municipality with respect to the development of the subject lands; AND WHEREAS the Long Point Region Conservation Authority sold the lands on February 25, 2021 to 552855 Ontario Ltd., it is understood that the original Development Agreement applies to the lands; AND WHEREAS the current Owner has requested to amend the Development Agreement No. 0730, to which the Municipality has agreed, for the purpose of allowing an addition of lands described as being Part 1 of Registered Plan 11R-11041 to the existing property through Consent Application E21-23 granted by the Elgin County Land Division Committee on May 24, 2023; AND WHEREAS this agreement (the “Development Amending Agreement”) shall be registered against the lands described above and the Municipality is entitled to enforce the provisions hereof against the Owner and, subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the land in accordance with Subsection (10) of Section 41 of the Planning Act, R.S.O. 1990, as amended; NOW THEREFORE WITNESSETH THAT in consideration of the premises and the sum of ONE ($1.00) DOLLAR paid to the Municipality by the Owner (the receipt whereof is hereby acknowledged) and in consideration of the Municipality approving the Plans and Drawings for the development of lands described herein, the Owner covenants and agrees with the Municipality as 2 follows: 1. The second recital of the Development Agreement is hereby deleted and replaced with the following: AND WHEREAS the Owner intends to expand the existing campground and marina in accordance with the Conceptual Site Plans attached hereto, as Attachments “B1” “B2” “B3” “B6” “B7” and “B8” (hereafter referred to as the “Plan”); 2. Section 13 of the Development Agreement is hereby deleted and replaced with the following: “13. Attachments; Attachment “A” – Lands Description Attachment “B1” –Proposed Site and Servicing Plan A C100 Attachment “B2” –Proposed Site and Servicing Plan B C101 Attachment “B3” –Grading Plan C102 Attachment “B4” –Existing – Site Plan A Attachment “B5” – Existing – Site Plan B Attachment “B6” – Fire route Plan A Attachment “B7” – Fire route Plan B Attachment “B8” – C102 Additional Lands for boat and Trailer Storage 3. The attachments to the Site Plan Agreement are hereby amended as follows: a. Attachment “B1” to the Development Agreement is hereby deleted and replaced with Attachment “B1” Proposed Site and Servicing Plan A Rev No. 7 2023.12.04 to this Amending Agreement. b. Attachment “B2” to the Development Agreement is hereby deleted and replaced with Attachment “B2” Proposed Site and Servicing Plan B Rev No. 7 2023.12.04 to this Amending Agreement. c. A new Attachment “B8” Additional Lands Rev No. 1 2023.12.04 attached to this Amending Agreement is hereby added. 4. Save and except those amendments, additions or deletions specifically identified in this Amending Agreement, the Development Agreement registered in the Registry Office for the Land Titles Division of Elgin (No. 11) on the 9th day of September 2020, as Instrument Number CT 186358 shall remain in full force and effect. IN WITNESS WHEREOF The Owner has hereunto set his hand and the Municipality has hereunto affixed its corporate seal under the hands of its Chief Administrative Officer or Designate. SIGNED, SEALED, AND DELIVERED in the presence of ) 552855 ONTARIO LTD. ) o/a Big Otter Marina and Campground ) ) ___________________________ ) _________________________________ Witness ) Darryl Propper, President ) ) 3 ) I have authority to bind the Corporation. ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ) ) ) ) _________________________________ ) Ed Ketchabaw, Mayor ) ) ) _________________________________ ) Meagan Elliott, Clerk ) ) We have authority to bind the Corporation. 4 ATTACHMENT “B1” Proposed Site and Servicing Plan A ATTACHMENT “B2” Proposed Site and Servicing Plan B ATTACHMENT “B8” Additional Lands 2 TALBOT STREET NORTH(519) 426-6270SIMCOE, ONTARIO N3Y 3W4G. DOUGLAS VALLEE LIMITEDBIG OTTER MARINA CAMPGROUND5 BRIDGE STREET, PORT BURWELLBAYHAM - ELGIN COUNTYPROPOSED SITE AND SERVICING PLAN A19-051C100····SUBMISSIONNOT TO BE USEDFOR CONSTRUCTIONTRUE NORTHCONSTRUCTIONNORTH ∅∅2 TALBOT STREET NORTH(519) 426-6270SIMCOE, ONTARIO N3Y 3W4G. DOUGLAS VALLEE LIMITEDBIG OTTER MARINA CAMPGROUND5 BRIDGE STREET, PORT BURWELLBAYHAM - ELGIN COUNTYPROPOSED SITE AND SERVICING PLAN B19-051C101SUBMISSIONNOT TO BE USEDFOR CONSTRUCTIONTRUE NORTHCONSTRUCTIONNORTH 2 TALBOT STREET NORTH(519) 426-6270SIMCOE, ONTARIO N3Y 3W4G. DOUGLAS VALLEE LIMITEDBIG OTTER MARINA CAMPGROUND5 BRIDGE STREET, PORT BURWELLBAYHAM - ELGIN COUNTYADDITIONAL LANDS19-051C102SUBMISSIONNOT TO BE USEDFOR CONSTRUCTIONTRUE NORTHCONSTRUCTIONNORTH THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-094 A BY-LAW TO AMEND BY-LAW 2023-087 BEING A BY-LAW FOR THE MANAGEMENT, REGULATION & CONTROL OF CEMETERIES WHEREAS pursuant to the Funeral, Burial and Cremation Services Act 2002, Ontario Regulation 30/11, s. 150 (1) an owner of a cemetery or crematorium may make by-laws affecting the operation of the cemetery or crematorium; AND WHEREAS the Corporation of the Municipality of Bayham is the owner of cemeteries; AND WHEREAS By-law No. 2023-087 was passed by the Municipality of Bayham on December 7, 2023; AND WHEREAS the Bereavement Authority of Ontario requires a change to By-law No. 2023-087; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the word “mandated” in Section 3.45 be removed and replaced with “strongly recommended”; 3. AND THAT this by-law shall come into force and effect on the day of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF DECEMBER 2023. ______________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-095 BEING A BY-LAW TO ESTABLISH AND REQUIRE THE PAYMENT OF RATES AND FEES WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, as amended, provides for a municipality to pass by-laws imposing fees or charges on any persons for services or activities provided or done by or on behalf of it, for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board, and for the use of its property including property under its control; AND WHEREAS Section 69 of the Planning Act R.S.O. 1990, c. P. 13 as amended provides that a municipality may establish a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, as amended authorizes a municipal Council to pass by-laws concerning the issuance of permits and related matters; AND WHEREAS the Council of The Corporation of the Municipality of Bayham has adopted a 2023-2026 Community Strategic Plan; AND WHEREAS a primary initiative contained within the 2023-2026 Community Strategic Plan is to “Investigate options for moving services to full cost recovery”; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS: 1. THAT “Schedule A” hereto, which forms part of this by-law, sets out the rates and fees of the Municipality of Bayham for the activities and services enumerated therein; 2. THAT the rates and fees established in this by-law shall be due and payable in full; 3. THAT the rates for Full Cost Recovery items and the rates associated with a current rate from an external organization, such as the MTO or OPSS, will be established by incorporating either the staff, capital and overhead rate(s) required to provide the service, or the applicable billable rate or invoice amount provided to the Municipality for the service(s) rendered; 4. THAT the Fee component of any item requiring both a Fee and Deposit shall be non-refundable upon provision of the service requested; 5. THAT the Deposit component of any item requiring both a Fee and Deposit shall be funded prior to the provision of the service requested and may not be returned in full if costs of service surpass what is covered by the Fee; 6. THAT the fees contained in this by-law shall be adjusted annually in accordance with the October Ontario Consumer Price Index (CPI) or Building Construction Price Index (BCPI), as deemed appropriate, without having to formally amend the by-law; 7. THAT any discrepancies or applicability of this by-law be determined by the Treasurer or designate; 8. THAT any other rates and fees adopted elsewhere and not contained herein remain applicable; 9. THAT this by-law take effect on January 1, 2024; 10. AND THAT By-law No. 2019-025 and all amendments be repealed as of January 1, 2024. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF DECEMBER 2023. ____________________________ _____________________________ MAYOR CLERK CATEGORY ITEM FEE Admin - Photocopying per page - black & white 8.5x11 or 15 $0.75 per page - black & white 11x17 $1.00 per page - coloured 8.5x11 or 15 $2.00 per page - coloured 11x17 $2.50 fax $1.00 per page - GIS maps & plans 8.5x11 $7.00 per page - GIS maps & plans 11x17 $11.00 copy of zoning by-law $25.00 copy of official plan $35.00 Admin - Culture and Tourism Councils & Historic Highlights + 5% HST $3.00 Bayham Memories & Milestones + 5% HST $12.00 Municipal Key Fobs $2.00 Discover Bayham Mugs $5.00 Admin - Lottery Lottery Licence 3% of cash value of all prizes ($10 minimum fee) Admin - Freedom of Information FOI Application $5.00 FOI Additional Charges $7.50/15 min of seach and review of documents, photocopying $0.20/page Admin - Miscellaneous Alcohol and Gaming Commission of Ontario Municipal Information Form $25.00 Preparation, Registration or Discharge of Agreement/Interest Fee $500.00 Ontario Power Authority Fee in Tarriff Support Resolution $100.00 Blue Box +HST $10.00 County Map $3.00 Municipal Pins First 15 pins free, each additional $1.00 (maximum 25 pins unless special approval) Commissioning of Affidavits $20.00 (senior pension forms exempt) Certification of Documents $20.00 Livestock Valuer $150.00 Refreshment Vehicle Licence $500.00 Kennel Licence (first time)$250.00 Kennel Licence (renewal)$200.00 Animal Rescue Facility (First time)$150.00 Animal Rescue Facility (renewal)$100.00 Garbage Tags $2.00 By-law Enforcement By-law Exemption Request $50.00 Noise Exemption $50.00 Remedial Action Fee Cost Recovery + $100.00 Per Hour Zoning Enforcement Compliance Date Extension Application Fee $100 Per Month Requested Lot Maintenance Extension Fee $30.00 Lot Maintenance Final Notice Fee $100.00 By-law Enforcement Order $100.00 Property Standards Appeal $500.00 Treasury Tax Certificate $75.00 Zoning Certificate $75.00 Building Work Order $75.00 Drainage Work Order $75.00 By-law/Fire Services Order $75.00 NSF Payment Fee $35.00 Tax Sale Registration Process Full Cost Recovery + $100.00 Planning Services Offical Plan Amendment Application $2492.00 plus $1000 deposit Zoning By-law Amendment Application $2492.00 plus $1000 deposit Temporary Use Zoning By-law $1,000 plus $1,000 deposit Temporary Use Zoning By-law Renewal $500 plus $1,000 deposit Zoning Amendment to Remove Holding $500.00 plus $1,000 deposit Minor Variance Application $1074.00 plus $1000 deposit Site Plan Application/Agreement $1409.00 plus $1000 deposit Site Plan Agreement - properties with accumulative commercial/industrial/institutional building area of 150 m2 or less $250.00 plus $250.00 deposit Site Plan Agreement Amendment $500 plus $500 deposit Development Agreement $1,000 plus $1,000 deposit Plan of Subdivision Application $2606.00 plus $6000 deposit Defense of Local Planning Appeal Tribunal $5,000.00 deposit - full cost to applicant Planning Report $1000.00 Consent Application Clearance Letter $100.00 Planning Signage - Install and Remove $150.00 Third Party Review Fee $50.00+actual cost Mandatory Preconsult $811.00 plus $300 deposit Zoning By-law - Section 4.12 Temporary Use Fee $10,000.00 Security Deposit $1000.00 Development Agreement Water/Wastewater Change of Occupancy - New Account Charge $50.00 Add to Tax Roll $50.00 Late Payment Charge 5% Sewer Connection Permit $280.00 Sewer Connection Inspection $180.00 Water Connection Permit $280.00 Water Connection Inspection $180.00 Ontario OneCall Relocate/Remark +HST $200.00 Water Meter- Residential (including dual checkvalve, inspection, meter tail and ball valve)$790.45 Water Meter Register $475.00 Water Meter Register for Pit Application $534.00 Dual Check Valve $48.95 Water Meter Bottom Plate with Gasket $25.00 Water Meter Non-Residential Full Cost Recovery Dual Check Valve Non-Residential Full Cost Recovery Water Meter Test Full Cost Recovery Water Shut off/on $110 + current OPSS pickup truck rate Water meter pit with radio antenna lid and associated couplers/adaptors $1,855.00 Public Works Road Access Permit $180.00 MVC Response Current MTO Rate Other Emergencies Response Current MTO Rate Nuisance Calls Debris on Road Current MTO Rate Public Works - Civic Addressing Application Blade, Post, Installation $135.00 Replacement Blade Only $75.00 Replacement Post Only $30.00 Public Works - Over Dimensional Load Permit Single Use $200.00 Annual $500.00 Fire Services MVC Response Current MTO rate for pumper, rescue & tanker Other Response Current MTO Rate Burn Permit $50.00 per calendar year Cost Recovery - Foam Full Cost Recovery Fire Report - Post Fire $100.00 Fire Inspection - Real Estate - Minimum 2 hours $75.00/hr Fire Safety Plan Review $100.00 Illegal or unauthorized fire (including arson)Full Cost Recovery Hazardous Materials Clean-up (as per Environmental Protection Act, RSO 1990)Full Cost Recovery Fire Response Fees (Indemnification Technology Municipal Act)Current MTO Rate Fireworks - review application and inspection $75.00/hr Marine Museum & Lighthouse Entrance Fees Under 12 years Free Adults (13+)$3.00 per person one site Adults (13+)$5.00 per person for both Marine Museum & Lighthouse Family $8.00 per family one site Family $12.00 per family for both Marine Museum & Lighthouse Museum Admission - School Groups $4.00 per Student Museum Admission - Adult Groups 10 or more $4.00 per person both sites Facility Rentals Straffordville Community Centre - Main Hall Mon - Thurs & Sunday Rental Fri & Sat Rental Damage Deposit Meetings up to 3 Hours Additional hours Funerals Straffordville Community Centre - Trackless Lounge Meetings up to 3 Hours Additional hours Straffordville Pavillion Rental Ball Diamonds Rental - League Rental - Casual Additional Costs Additional Cleaning/other services Key Fee (refundable after function) Failing to vacate by 2:00 a.m. Deposit (non-refundable) FEE HST TOTAL $300.00 $39.00 $339.00 $400.00 $52.00 $452.00 $350.00 $45.50 $395.50 $150.00 $19.50 $169.50 $30.00 $3.30 $33.30/hour $75.00 $9.75 $84.75 $75.00 $9.75 $84.75 $30.00 $3.30 $33.30/hour $60.00 $7.80 $67.80 $15.00 $1.95 $16.95 $25.00 $3.25 $28.25 Cost Recovery N/A Cost Recovery $100.00 N/A $100.00 $50/half hour N/A $50/half hour 50% of rental fee Building Fees Agricultural Permit Fees Fee Adder Units Farm Buildings - new - up to 10,000 sq ft $150.00 $0.43 sq ft Farm Buildings - new - over 10,000 sq ft $4,450.00 $0.37 sq ft Farm Buildings - addition - up to 10,000 sq ft $150.00 $0.43 sq ft Farm Buildings - addition - over 10,000 sq ft $4,450.00 $0.37 sq ft Farm Buildings - renovations $150.00 $10.45 $000cv Manure Tanks $150.00 $10.45 $000cv Grain Bins $150.00 $10.45 $000cv Silos $150.00 $10.45 $000cv Bunker Silos $150.00 $10.45 $000cv Kilns $200.00 Flat Rate Corn Cribs $200.00 Flat Rate Grain Dryers $150.00 $10.45 $000cv Industrial, Commercial & Institutional (ICI) Permit Fees Fee Adder Units I C I Buildings - new - up to 10,000 sq ft $150.00 $0.92 sq ft I C I Buildings - new - over 10,000 sq ft $9,350.00 $0.92 sq ft I C I Buildings - addition - up to 10,000 sq ft $150.00 $0.92 sq ft I C I Buildings - addition - over 10,000 sq ft $9,350.00 $0.92 sq ft I C I Buildings - renovations $150.00 $10.45 $000cv Residential Permit Fees Fee Adder Units Residential Dwellings - new - up to 1,500 sq ft $1,500.00 $0.00 sq ft Residential Dwellings - new - over 1,500 sq ft $1,500.00 $0.92 sq ft Accessory Buildings - up to 300 sq ft $300.00 Flat Rate Accessory Buildings - over 300 sq ft $300.00 $0.50 sq ft Garage - attached to new home $0.44 sq ft Garages, carports, etc - up to 300 sq ft $150.00 Flat Rate Garages, carports, etc - over 300 sq ft $300.00 $0.50 sq ft Renovations $150.00 $10.45 $000cv Decks, ramps & wood stoves $294.00 Flat Rate Lot Grading Plan Deposit $1,000.00 refundable Occupancy Permit (within 2 years)$0.00 Occupancy Permit (after 2 years)$294.00 Flat Rate Septic Permit Fees Fee Adder Units Class 1 - small $620.00 Flat Rate Class 2-3 - small $620.00 Flat Rate Class 4-5 - small $620.00 Flat Rate Class 1 - large $1,350.00 Flat Rate Class 2-3 - large $1,350.00 Flat Rate Class 4-5 - large $1,350.00 Flat Rate Leaching Beds $500.00 Flat Rate Absorption Trench $500.00 Flat Rate Filter Beds $500.00 Flat Rate Repairs $492.00 Flat Rate Lot Assessments $100.00 Flat Rate Plumbing $150.00 $10.00 fixture Swimming Pool $294.00 Flat Rate Miscellaneous Permit Fees Fee Adder Units Change of Use $186.00 Flat Rate Other Inspections (as deemed by CBO)$186.00 Flat Rate Signs $186.00 Flat Rate Mobile Homes - as second dwelling on farm $186.00 $10.00 $000cv Modular Homes $186.00 $0.60 sq ft Temporary Mobile Homes (approved by Council)$186.00 $100.00 renewal Temporary Mobile Homes (under construction)$186.00 Flat Rate Existing buildings moved to a new site $186.00 $0.50 sq ft Additions to moved structures (at move)$0.00 $0.50 sq ft Additions to moved structures (after move)$186.00 $0.50 sq ft Permit Transfer $186.00 Flat Rate Tents - temporary/special occasion $186.00 Flat Rate Solar Panel - roof mounted $200.00 Flat Rate Demolition Permit $186.00 Flat Rate Building Permit Annual Maintenance Fee $300.00 Municipal Property Damage Deposit $5,000.00 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-096 A BY-LAW TO ADOPT A FACILITY RENTAL POLICY WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Straffordville Hall Foundation provides services to manage the bookings of rentals for certain Municipal Facilities; AND WHEREAS it is necessary to have a policy to outline the provisions associated with renting these municipal facilities; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Facility Rental Policy attached hereto as Schedule “A” and forming part of this by-law is hereby adopted; 2. AND 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 21st DAY OF DECEMBER 2023. ____________________________ _____________________________ MAYOR CLERK Facility Rental Policy Section 1 – Purpose The purpose of this Policy is to outline the process and requirements to rent municipal facilities managed by the Straffordville Hall Foundation (SHF). Section 2 – Scope This Policy applies to the municipal facilities managed by the SHF. This includes: Straffordville Community Centre Main Hall Straffordville Community Centre Trackless Lounge Straffordville Community Park Pavilion Straffordville Community Centre Parking Lot Straffordville Ball Diamond Port Burwell Ball Diamond Section 3 – General Provisions a) Rental inquiries are to be submitted to the prescribed representative of the SHF by phone or email. b) Renters will complete an application form as deemed appropriate by the Municipality, and will enter into an agreement for use of municipal property. c) Rental charges will be issued in accordance with the Municipal Rates and Fees By-law. d) All persons using a municipal facility must provide two (2) weeks prior to event a certificate of insurance in the minimum amount of $2,000,000.00 naming the Municipality of Bayham as additional insured. e) Deposit for hall rental is due at time of booking/signing. Balance of rental fee is due a minimum of two (2) weeks prior to date of function. f) Failure to cancel in writing two (2) weeks prior to the booking will result in full charges being applied. g) A Damage Deposit is charged for Main Hall or all day use Friday and Saturday which is refundable less applicable damages, if any. h) Damage Deposit based on 50% of rental fee is charged for partial hall use on any day of the week which is refundable less applicable damages, if any. i) Main Hall or Trackless renters are responsible for all fire and/or security alarm and response costs. j) Facility use may be revoked as a result of damage or improperly disposed of refuse. Cleaning fees shall be the responsibility of the renter. Section 4 – Community Partners Community Partners shall mean not-for-profit community organizations or community organizations with a formal structure and mandate that provide funds or services on a volunteer basis for the good of the community. Qualification as a Community Partner shall be at the discretion of the Municipality. Community Partners may receive a $50 reduction on a Main Hall or Trackless rental as deemed applicable. Section 5 – Administration This Policy shall be administrated by the prescribed representative of the SHF and the Clerk or designate. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-097 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND ARCADIS PROFESSIONAL SERVICES (CANADA) INC. WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a broad scope of powers to municipalities to govern their affairs as they consider appropriate; AND WHEREAS the Municipality receives third-party planning services from Arcadis Professional Services Inc.; AND WHEREAS a formal agreement is necessary to receive such services; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized 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 Arcadis Professional Services (Canada) Inc. for Planning Services; 2. AND 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 21st DAY OF DECEMBER, 2023. ___________________________ _____________________________ MAYOR CLERK Arcadis Professional Services (Canada) Inc. 101-410 Albert Street Waterloo, Ontario N2L 3V3 Phone: 519 585 2255 www.arcadis.com October 31, 2023 Municipality of Bayham 56169 Heritage Line PO Box 160 Staffordville, ON N0J 1Y0 Attention: Mr. Thomas Thayer, MSc, CMO, AOMC, Chief Administrative Officer Dear Mr. Thayer: PROPOSAL FOR PLANNING SERVICES MUNICIPALITY OF BAYHAM Further to our meeting with yourself and Margaret Underhill, we are pleased to provide you (the “Client”) with this Agreement for as needed retainer planning services to provide for the day-to-day inquiries and special projects professional advice and services on land use planning matters to the municipality. We thank you for this ongoing opportunity and look forward to continuing to work with you. Arcadis Professional Services (Canada) Inc. (“Arcadis”) (previously IBI Group Professional Services (Canada) Inc., (“IBI Group)) is a global team of dedicated and experienced architects, engineers, planners, designers, and technology professionals who share a common desire – to help our clients create liveable, sustainable and advanced urban environments. While Arcadis is a global company, our strength is the integration of this global experience with the local knowledge made possible through our local offices. We service our clients where they are. Our Ontario offices are located in London, Waterloo, Hamilton, Richmond Hill, Toronto, Kingston and Ottawa. 1. Our Understanding Previously, IBI Group (now Arcadis) provided professional planning advice and services on land use planning matters to the municipality related to day-to-day general inquiries as well as for special projects,. At our meeting, it was acknowledged that a formal agreement did not exist and that it was the desire of the municipality for a formal agreement based on the existing arrangement of providing planning services to the municipality. We believe the current approach is working well and we appreciate the efforts of municipal staff. Generally, there are four areas of service identified by the Planning Coordinator/Deputy Clerk (Margaret Underhill) where Arcadis would continue to support the municipality for planning services. Our work would continue to be based on a formal request that typically comes from the Planning Coordinator/Deputy Clerk. The four areas of service are as follows: 1. General Planning Inquiries: Planning information related to inquiries from a resident, a developer, municipal staff or Council. 2. Planning Act Application Review: Preparation of Legislated Notices, Information for Statutory Public Meeting, Planning Opinion/Recommendations related to Planning Act Application. ARCADIS PROFESSIONAL SERVICES (CANADA) INC. MUNICIPALITY OF BAYHAM – PLANNING SERVICES – OCTOBER 31, 2023 2 3. Special Projects: May include: Consolidation of the Official Plan, Official Plan Review, Consolidation Zoning By- Law, Update of Municipal Forms/Guides related to legislative policy and procedural changes, Subdivision and Site Plan Agreements. 4. Coordination We would meet with the Planning Coordinator/Deputy Clerk virtually every two weeks to review and coordinate work to ensure we address municipal requirements in a timely manner. Arcadis would continue to provide a dedicated Planner to the municipality together with support from other resources to ensure for the delivery of services. Mr. William Pol would continue to serve as a supporting planning advisor when required. Where necessary, we would provide a Registered Professional Planner (OPPI) as witness to an appeal of a decision to an appeal of a municipal decision to the Ontario land Tribunal. If we were requested by municipal staff to formally partake in OLT appeal proceedings and attend the Hearing to provide professional planning witness to the OLT, this is agreed to be a separate service not covered by the 4 services above. In these cases, a separate work plan and budget for specific OLT services shall be provided so the municipality can acknowledge these services and related costs. Where the municipality deems it required, Arcadis would attend meetings either in-person or virtually to support the planning services. 2. Our Services In support of your project, Arcadis will provide you with the following services and deliverables (collectively, the “Services”): ACTIVITY A PROFESSIONAL PLANNING SERVICES Task A1 General Planning Inquiries We would review each request forwarded by the municipality based on provincial, county, and municipal planning policies and provide a written planning response/opinion. Should the municipality deem that a Pre-Submission Consultation Application is required on a specific matter, our review and analysis work would be allocated to this task. Task A2 Planning Act Applications Review Planning Act applications would include: Official Plan Amendment Zoning By-Law Amendment Draft Plan of Subdivision/Draft Plan of Condominium Consent Application Minor Variance Application Other Applications -To be identified (i.e., Part Lot Control Exemption By-Law) Upon receipt of an application, we would assist you to determine if the application submission can be deemed “complete” and in accordance with the prior Pre-submission Application comments to the applicant. We would prepare where required by legislation and applicable the formal Notice(s) for the above noted Planning Act applications. We would review each application forwarded by the municipality based on provincial, county, and municipal planning policies/legislation, provide a written planning opinion and where applicable recommended conditions of approval. We would prepare where required for adoption the draft Official Plan Amendment. We would prepare where required for approval a draft Zoning By-Law Amendment. ARCADIS PROFESSIONAL SERVICES (CANADA) INC. MUNICIPALITY OF BAYHAM – PLANNING SERVICES – OCTOBER 31, 2023 3 Upon request by the municipality, we would attend either virtually or in-person Committee/Council Meeting in support of our planning opinion and recommendations.. Task A3 Coordination We would meet with the Planning Coordinator/Deputy Clerk every two weeks virtually to review work completed, identify timelines and requirements for current work and to discuss any issues/concerns with applications. Should additional Coordination Meetings be required they would be scheduled through the Planning Coordinator/ Deputy Clerk. Task A4 Special Projects Upon a request by the municipality, we would prepare a detailed work plan, timelines and budget for the completion of the identified special project that may arise from time to time and prior to initiating the work. We would work with the municipality to identify the resources necessary to undertake the work and a Project Manager to ensure coordination and communication. 3. Your Schedule Our Services will be delivered to you on the following schedule (the “Schedule”): We will continue to provide professional planning services on an “as needed” basis upon receipt of the signed contract. 4. Payment Based on the Schedule and the Services you will pay us on the following basis for the above noted services based on Table 1 – 2024 billable rates which may be adjusted on an annual basis and Table 2 – Budget Type: Table 1 – 2024 Billable Rates Staff 2024 Hourly Rate Senior Planner $160.00 Planner $125.00 Technician $100.00 Administration $80.00 Table 2 – Budget Type ACTIVITY/TASK DESCRIPTION ESTIMATED FEE (Time and Materials Basis)* ACTIVITY A LAND USE PLANNING SERVICES Task A1 General Planning Inquiries Time and Materials Task A2 Planning Act Application Review Time and Materials Task A3 Coordination Time and Materials Task A4 Special Projects Subject to Scope of Work and Budget TOTAL (Excluding Expenses and HST) Time and Materials *As noted in the Tables One and Two above save and except Task A4, all Labour is to be undertaken on a Time and Materials basis given the uncertainty for the time and effort needed to complete the tasks. You agree to pay Arcadis Professional Services (Canada) Inc. on a Time and Materials basis as outlined in the above noted Table One and Two save and except Task A4, plus expenses and applicable taxes. Per standard practice, Arcadis’ fees are subject to increase. It is also agreed that Arcadis will on an annual basis, apply an indexed cost of living percentage increase to the staff positions hourly rate noted in Table 1 above and to the car mileage expense charge out rate per kilometre noted below. ARCADIS PROFESSIONAL SERVICES (CANADA) INC. MUNICIPALITY OF BAYHAM – PLANNING SERVICES – OCTOBER 31, 2023 4 Expenses such as prints, photocopying, delivery charges, airfare, long distance telephone charges, total station, photographs, etc., are to be charged as disbursements in addition to fees. Car mileage expenses are charged out at 68 cents per kilometre for all travels associated with this project. We invoice for payment on a monthly basis. Payment of our invoices is due within twenty-eight (28) days of your receipt of our invoice. 5. Designated Representatives: ARCADIS REPRESENTATIVE CLIENT DESIGNATED REPRESENTATIVE Mr. Christian Tsimenidis, BES Urban Planner Arcadis Professional Services (Canada) Inc. 101-410 Albert Street Waterloo ON, N2L 3V3 Phone: 519-585-2255 x 63256 Email: christian.tsimenidis@arcadis.com Ms. Margaret Underhill Planning Administrator/Deputy Clerk Municipality of Bayham 56169 Heritage Line PO Box 160 Staffordville, ON N0J 1Y0 Phone: 519-886-5521 x222 Email: munderhill@bayham.on.ca The other terms relating to this project are set out in our Standard Terms & Conditions, as attached. We look forward to working with you. Yours truly, ARCADIS PROFESSIONAL SERVICES (CANADA) INC. Name: Douglas Stewart, MCIP, RPP Name: Victor Labreche, MCIP RPP Title: Associate Manager – Urban and Regional Planning Title: Associate Principal Practice Lead, Planning If this accurately sets out our understanding and is acceptable to you, please indicate your agreement by signing in the space below. Agreed to and accepted effective the date of this Agreement. MUNICIALITY OF BAYHAM Name: Name: Title: Title: I/We have the authority to bind the Municipality of Bayham. https://ibigroup.sharepoint.com/sites/Projects2/3404/Shared Documents/1.0 Contracts & Proposals/PTP_Bayham_PlanningServices_2023-10-31.docx\2023-10-31\BW 1 - ShortFormConsultingServicesAgreement-Version3 Page 1 STANDARD TERMS & CONDITIONS 1. CLIENT RESPONSIBILITIES. Client’s Designated Representative is authorized to act on its behalf and all direction shall be by or through such designated representative. Client shall examine documents submitted by Arcadis and shall render decisions promptly, to avoid delay in the progress of Services. Client shall furnish Arcadis all existing available information, including reports, studies, testing results, operating records, existing plans, and other data pertinent to the Project, in a timely manner, and Arcadis shall be entitled to rely on it. As applicable, Client shall ensure Arcadis is afforded access to enter upon public and private land as required for the performance of the Services. Client shall instruct the making of applications for any consents or permits or other applicable applications required in connection with the Services and shall pay any charges, fees, expenses and disbursements in respect thereof. 2. STANDARD OF CARE. In the performance of the Services, Arcadis will use that level of care and skill ordinarily exercised by reputable members of Arcadis’ profession currently practicing in the same locality under similar conditions. No other representation, guarantee, or warranty, express or implied, is included or intended in this Agreement, or in any communication (written or oral), report, opinion, document, or instrument of service. Client acknowledges and agrees that nothing herein shall be construed as creating a fiduciary duty owed by Arcadis. 3. PAYMENT Arcadis’ fees and expenses will be paid in accordance with this Section 3 of the Agreement and Client represents and warrants that any payment to Arcadis hereunder is not contingent upon Client’s receipt of monies by any third party. Client will, subject to Arcadis’ performance of its obligations under this Agreement, pay Arcadis for the provision of the Services, plus applicable taxes, as set out in the Agreement. Arcadis’ unpaid invoices will bear interest calculated monthly at the rate of twelve (12) percent per annum, commencing twenty-eight (28) days after the date that Arcadis submits its invoice Arcadis reserves the right, without penalty, to discontinue Services and or terminate this Agreement in the event of non- payment. Arcadis’ fees and expenses are secured upon and run with title to the lands. 4. SUSPENSION OR TERMINATION. Either party may, by notice in writing to the other party, suspend or terminate the Services or any portion thereof at any stage of the project. Upon receipt of such written notice, Arcadis shall perform no further Services other than those reasonably necessary to close out the Services. In the event of a suspension or termination, Arcadis shall be entitled to payment for all work completed, plus reasonable close-out costs. The limitation of liability and indemnity obligations in this Agreement shall survive any suspension or termination of this Agreement. 5. PROBABLE COSTS. Arcadis does not guarantee the accuracy of probable costs for providing Services hereunder. Such probable costs represent only Arcadis' judgment as a professional entity and are supplied only for the general guidance of Client. 6. INDEMNIFICATION: Arcadis shall indemnify and hold harmless Client from and against claims, actions, losses, expenses, costs or damages (the “Claims”) which Client, its directors, officers, employees, or agents may suffer, only to the extent Arcadis is legally liable as a result of the negligent acts of Arcadis, its employees, officers or agents in the performance of this Agreement. Client agrees to indemnify and hold harmless Arcadis from and against Claims, which Arcadis, its directors, officers, employees, or agents may suffer arising out of or in any way connected with the presence, discharge, release or escape of contaminants of any kind, excluding only such liability as may arise out of the negligent acts of Arcadis in the performance of this Agreement. 7. LIMITATION OF LIABILITY. Notwithstanding any other provision of this Agreement, the total liability of Arcadis, its directors, officers, employees and agents for liabilities, Claims, judgments, demands and causes of action arising under or related to this Agreement, whether based in contract or tort, shall be limited to the total compensation actually paid to Arcadis for the Services or $500,000, whichever is less. All claims by Client shall be deemed relinquished unless filed within one (1) year after substantial completion of the Services. No party shall be liable for any consequential, incidental, indirect, special or punitive damages, damages related to loss of profit, loss of use in any way related to this Agreement. 8. INSURANCE. Arcadis will maintain insurance for this Agreement in the following types: 1) workers’ compensation insurance at statutorily required levels; 2) general and professional liability insurance; and 3) automobile liability insurance for bodily injury and property damage. 9. RESPONSIBILITY. Arcadis is not responsible for the completion or quality of work that is dependent upon or performed by Client or third parties not under the direct control of Arcadis, nor is Arcadis responsible for their acts or omissions or for any damages resulting therefrom. 1 - ShortFormConsultingServicesAgreement-Version3 Page 2 10. RELATIONSHIP OF PARTIES. Arcadis will have no authority to contractually bind Client or to assume or create any legal obligation or responsibility, express or implied, on behalf of Client. Nothing in this Agreement will have the effect of creating a partnership, agency or employment relationship between Client and Arcadis or any of Arcadis’ directors, officers, partners, agents, employees, affiliates, subconsultants or volunteers. 11. EXCLUSIVE USE. Services provided under this Agreement, including all reports, designs, information or recommendations prepared or issued by Arcadis (the “Instruments”), are for the exclusive use of Client and only for the purpose specified. No other use is authorized under this Agreement. Client will not distribute or convey the Instruments to any person other than those identified in the project description without Arcadis' prior written approval. Client releases Arcadis from liability and agrees to indemnify and hold harmless Arcadis from Claims, arising, in whole or in part, from such unauthorized distribution or any unauthorized use. 12. SUBCONTRACTING AND ASSIGNMENT. Neither party shall assign its interest in this Agreement without the prior written consent of the other. Except for subcontracting to an affiliate, Arcadis shall not subcontract any Services without the prior written consent of the Client. 13. CONFIDENTIAL INFORMATION. Arcadis shall not divulge any specific information identified as confidential, communicated to or acquired, or disclosed by Client in the course of carrying out the Services. No such information shall be used by Arcadis on any other project without the written approval of Client. These obligations of confidentiality shall not apply to information which is in the public domain; which is provided to Arcadis by a third party without obligation of confidentiality; which is independently developed by Arcadis without use of Client's information; or which is required to be disclosed by law or by court order. 14. INTELLECTUAL PROPERTY. Arcadis retains ownership of all right, title and interest (including copyright) in and to the intellectual property it provides through this Agreement. Nothing in these Terms and Conditions constitutes a transfer or conveyance of any right, title or interest in the intellectual property, except the limited license to use it for its intended purpose, which includes the general maintenance and management of the asset or project. 15. SUCCESSORS and ASSIGNS. This Agreement shall be binding upon the parties, their partners, successors, assigns and legal representatives. 16. AMENDMENT. This Agreement may be amended or modified only by written instrument executed by authorized representatives of both Client and Arcadis. 17. SEVERABILITY. If any provision of this Agreement is for any reason held invalid or unenforceable, such provision shall be deemed separate and shall not affect the validity of the remaining provisions of this Agreement. 18. GOVERNING LAW. This Agreement and legal actions concerning its validity, interpretation and performance shall be governed by and interpreted in accordance with the laws of the jurisdiction in which the project is located; and it is further agreed by the parties that any legal action arising under this Agreement will be brought in a court of competent jurisdiction in such jurisdiction. 19. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favour of a third party against either Client or Arcadis. The Services under this Agreement are being performed solely for the Client’s benefit, and no other party or entity shall have any claim against Arcadis because of this Agreement or the performance or non-performance of Services hereunder. Client and Arcadis agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in the project to carry out the intent of this provision. 20. PROMOTIONAL ACTIVITIES. Client approves Arcadis to (i) undertake reasonable promotional activities, (ii) post signage and billboards at project locations, and (iii) brand all deliverables hereunder, in each case related to the provision of the Services by Arcadis under this Agreement. 21. FORCE MAJEURE. In the event either party is unable to perform its obligations under the terms of this Agreement because of causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. 22. ENTIRE AGREEMENT. This Agreement, including attachments incorporated by reference, represents the entire agreement between Arcadis and Client and supersedes all prior negotiations, representations, or agreements, either written or oral. Client agrees that its use of any purchase order or other form to procure Services is solely for administrative purposes and in no event shall Arcadis be bound to any terms and conditions on such form regardless of its signature on or reference to such form. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-098 A BY-LAW TO PROVIDE FOR THE ABANDONMENT OF BRANCHES C AND D OF THE BENNER DRAIN WHEREAS pursuant to Section 84(1) of the Drainage Act, upon the written request of three quarters of the owners of land assessed for benefit in respect of a drainage works, asking for the abandonment of such drainage works or a part thereof, the council of the initiating municipality shall forthwith notify all owners of land assessed for drainage works. Unless any owner within ten days of the mailing of such notice, gives to the Clerk of the municipality written notice that the owner requires a report of an engineer to be made on such proposed abandonment; AND WHEREAS Section 85(5) of the Drainage Act provides that if no notice is mailed to the Clerk in accordance with subsection (1), the Council may by bylaw abandon the drainage works, and thereafter the municipality has no further obligations with respect to the drainage works; AND WHEREAS notice was sent to landowners on November 8, 2023; AND WHEREAS no responses were received within the 10 day period; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT branches C and D of the Benner Drain described in Schedule A be herewith abandoned pursuant to the provisions of Section 84 of the Drainage Act; 2. AND THAT the Municipality of Bayham is now and henceforth relieved of any further obligation with respect to the drainage works described in Schedule A; 3. AND 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 21st DAY OF DECEMBER 2023. ____________________________ _____________________________ MAYOR CLERK By-law 2023-098 Schedule A THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z766-2023 MUNICIPALITY OF BAYHAM BEING A HOUSEKEEPING BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 8.13.13 Exception – Estate Residential (ER-13) Zone by adding the following clause: 8.13.13.4 Minimum Front Yard Depth 12.0 metres 2) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal. READ A FIRST TIME AND SECOND TIME THIS 21st DAY OF DECEMBER 2023. READ A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF DECEMBER 2023. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-099 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD DECEMBER 21, 2023 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 Council meeting held December 21, 2023 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 21st DAY OF DECEMBER 2023. ____________________________ _____________________________ MAYOR CLERK