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Home My WebLink AboutFebruary 01, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, February 1, 2024 7:00 p.m. The February 1, 2024 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 A. Mike Kerkvliet & Elle Crevits re Small Business Enterprise Centre 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held January 18, 2024 B. Statutory Planning Meeting held January 18, 2024 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 Council Agenda February 1, 2024 2 A. Report PS-01/24 by Ed Roloson, Manager of Capital Projects – Water/Wastewater Operations re 2023 Annual Drinking Water and Compliance Summary Reporting – Bayham and Richmond Water Systems 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Passing re Shaw & Shipway Zoning By-law Amendment B. Notice of Public Meeting re Walker Proposed Minor Variance C. Notice of Public Meeting re Silverthorn Proposed Zoning By-law Amendment D. Notice of Public Meeting re Wayne & Underhill Proposed Zoning By-law Amendment E. Notice of Public Meeting re Wall Proposed Zoning By-law Amendment F. Notice of Public Meeting re Graham Proposed Zoning By-law Amendment G. Notice of Public Meeting re Underhill Farms Ltd. Proposed Official Plan Amendment 12.1.2 Requiring Action 12.2 Reports to Council A. Report DR-02/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re 2023 4th Quarter Drainage Report B. Report DS-05/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-13/23 – MacAloney, 11593 Plank Road C. Report DS-06/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Revised Subdivision Agreement – 1985763 Ontario Inc. Sandytown Subdivision 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Town of Plympton-Wyoming re Prohibition of Criminals from Municipal Council B. Town of Plympton-Wyoming re Amendment to the Occupational Health and Safety Act to Clarify the Definition of “Employer” C. Township of Georgian Bluffs re Provincial Cemetery Management Support Request D. Township of Georgian Bluffs re AMO Social and Economic Prosperity Review E. City of Sarnia re Carbon Tax Council Agenda February 1, 2024 3 F. Tay Township re Support of Bill C-310 G. Township of Greater Madawaska re Support of Bill C-310 H. Prince Edward County re Life Span of Fire Apparatus I. Municipality of Tweed re Licence Plate Renewals J. Town of Orangeville re Social and Economic Prosperity Review 13.1.2 Requiring Action 13.2 Reports to Council A. Report CAO-02/24 by Thomas Thayer, CAO re Six-Month Report – Shared Services – Building and By-law Enforcement Services B. Report CAO-03/24 by Thomas Thayer, CAO re Port Burwell Lighthouse Status and Costing Update 14. BY-LAWS A. By-law No. 2024-004 Being a by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Peters Drain Branch D B. By-law No. 2024-005 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 – 39 lots C. By-law No. Z768-2024 Being a by-law to amend By-law No. Z456-2003, as amended – MacAloney 15. UNFINISHED BUSINESS 16. OTHER BUSINESS A. Draft Waterfront Advisory Committee Minutes – January 15, 2024 B. Draft Museum Advisory Committee Minutes – January 17, 2024 C. Museum Advisory Committee Recommendation to Council 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2024-006 Being a by-law to confirm all actions of Council Council Agenda February 1, 2024 4 18. ADJOURNMENT Presented By : Mike Kerkvliet and Elle Crevitswww.SBECinnovation.ca Our Programs While the majority of our work is tailored to individual business owners through 1:1 consults we also offer a number of programs to support business growth. A provincially funded grant program, offered to new or expanding businesses. Each year we distribute 16 grants of $5,000 to businesses. Starter Company Plus Every summer 10 students aged 15 to 29 receive mentorship, training, and up to $3000 in grants to start a business. Summer Company A regional collaboration of SBECs, designed specifically for early growth food and beverage manufacturing ventures that produce consumer packaged goods. Foodpreneur Advantage Horton Farmer’s Market On an ad hoc basis we partner with industry experts to teach on topics such as accounting, HR, legal and marketing. Expert Workshops We support a number of businesses directly with opportunities to sell their products at the Horton Farmers Market, now year- round, and at special events/ Provincial Funding (includes $110K in grants to be distributed) Our Funding Mix $255k Elgin County Funding$50k City of St. Thomas Funding$145k Other and in-kind funding$30k 2023 Outcomes 91 Businesses Started 760 Consults with Businesses 254 Jobs Created $110K Grants Distributed Howey Line Forestry Working with us since 2021 Helping with family business succession planning Support the addition of new product lines Opportunities to promote and sell through the Horton Farmers Market What can we imagine for our community, together? Mike - mkerkvliet@stthomas.ca www.SBECinnovation.ca Elle - ecrevits@stthomas.ca THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, January 18, 2024 7:00 p.m. The January 18, 2024 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 PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL TREASURER LORNE JAMES BY-LAW ENFORCEMENT OFFICER STEPHEN MILLER CHIEF BUILDING OFFICIAL SCOTT SUTHERLAND FIRE CHIEF|BY-LAW ENFORCEMENT HARRY BARANIK OFFICER 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:02 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 13.1.2 B Request for Support – Phil Mauer & Associates Inc. – Letter of Support for Southwestern Ontario Development Fund (SWODF) Application 4. ANNOUNCEMENTS No announcements. 5. PRESENTATIONS A. Sarah Emons & Peter Zuzek re Long Point Littoral Cell Working Group Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler Council Minutes January 18, 2024 2 THAT the delegation from Sarah Emons and Peter Zuzek be received for information; AND THAT the Mayor be directed to provide a Letter of Support on behalf of the Council of The Corporation of the Municipality of Bayham to support grant applications from the Long Point Littoral Cell Working Group. CARRIED 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held December 21, 2023 B. Special Meeting of Council held January 9, 2024 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the minutes of the Regular Meeting of Council held December 21, 2023 and the minutes of the Special Meeting of Council held January 9, 2024 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 BL-01/24 by Stephen Miller, By-law Enforcement Officer re 2023 By-law Enforcement Annual Report Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report BL-01/24 re 2023 By-law Enforcement Annual Report be received for Council Minutes January 18, 2024 3 information. CARRIED Council recessed at 7:35 pm for a planning public meeting. Council resumed at 7:38 pm. 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-13/23 MacAloney Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT item 12.1.1 A be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DR-01/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re Petition for Drainage – William Redecop – Vienna Ridge Subdivision Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DR-01/24 regarding the petition for drainage for William Redecop – Vienna Ridge Subdivision be received; AND THAT the Council of The Corporation of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from William Redecop; AND THAT Council wishes to proceed with this matter and appoints Spriet Associates Ltd., Engineers, to prepare a report on the proposed drainage area pursuant to Section 5 and Section 8(1) of the Drainage Act, for Council’s consideration. CARRIED B. Report DS-01/24 by Scott Sutherland, Chief Building Official re Building Services 4th Quarter Report Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-01/24 re 4th Quarter Report be received for information. CARRIED Council Minutes January 18, 2024 4 C. Report DS-02/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-11/23 Shaw & Shipway 10465 Plank Road Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report DS-02/24 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; AND THAT Council considered Staff Reports DS-57/23, DS-67/23, and DS-02/24 including the additional information provided by the environmental consultant regarding MDS II Mapping and Calculations, dated December 11, 2023; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003 , as amended, be further amended by changing the zoning on a property located in Concession North Gore West Part Lot 20, known municipally as 10465 Plank Road, from Rural Residential (RR) to Site-Specific Rural Residential (RR-48) to permit the keeping of livestock in addition to all other uses permitted in the Rural Residential Zone; AND THAT Zoning By-law No. Z767-2024 be presented to Council for enactment. CARRIED D. Report DS-03/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official Plan Conformity Review 2024 – Public Engagement and Community Strategy Options Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Report DS-03/24 re Official Plan Conformity Review 2024 – Public Engagement and Community Strategy Options be received for information; AND THAT staff be directed to proceed with Scenario 1; AND THAT Arcadis prepare a detailed work plan outlining the scope of work, estimated timelines, and associated budget/fees to formally initiate the Official Plan Conformity Review 2024. CARRIED Council Minutes January 18, 2024 5 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Township of Wainfleet re Cemetery Transfer/Abandonment Administration & Management Support Request B. Township of Alnwick/Haldimand re Bill 3, Strong Mayors, Building Homes Act C. Town of Aurora re Community Safety and Inciteful Speech D. Township of Conmee re Municipal Election Candidates E. Woodstock Ingersoll Tillsonburg & Area Association of Realtors re December 2023 Housing Market Update F. Long Point Region Conservation Authority (LPRCA) re December 6, 2023 Meeting Minutes G. Long Point Region Conservation Authority (LPRCA) re Notice of 2024 Budget and Levy Meeting Vote Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT items 13.1.1 A – G be received for information; AND THAT Council of The Corporation of the Municipality of Bayham support items 13.1.1 A and D. CARRIED 13.1.2 Requiring Action A. Association of Ontario Road Supervisors re Municipal Equipment Operator Course Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler WHEREAS, municipal public works departments from across the Province of Ontario provide invaluable services to our communities ensuring the health and safety of all residents; AND WHEREAS, if it was not for our municipal public works employees from across the Province of Ontario maintaining our public roads systems, our communities would not be able to function as emergency personnel could not respond to calls, school buses could not get our children to school, residents would not be able to get to work, school or appointments and many more basic functions would not be able to happen; Council Minutes January 18, 2024 6 AND WHEREAS, municipal public works departments are already feeling the impacts of a labour shortage, which will only be exasperated over the next three to five years, which will cause levels of service municipalities are able to provide to ensure the health and safety of our residents to decrease; AND WHEREAS, there is currently no provincial-wide course that properly trains potential municipal public works employees, specifically relating to municipal heavy equipment; THEREFORE IT BE RESOLVED, that the Municipality of Bayham supports the work of the Association of Ontario Road Supervisors to develop a Municipal Equipment Operator Course to address this issue; AND THAT, the Municipality of Bayham calls on the Province of Ontario’s Ministry of Labour, Training, Immigration and Skilled Trades to fully fund the Municipal Equipment Operator Course in 2024 through the Skills Development Fund; AND THAT, a copy of this resolution be sent to the Minister of Labour, Training, Immigration and Skilled Trades David Piccini, Municipality of Bayham’s Member of Provincial Parliament Rob Flack, and the Association of Ontario Road Supervisors. CARRIED B. Request for Support – Phil Mauer & Associates Inc. – Letter of Support for Southwestern Ontario Development Fund (SWODF) Application Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the correspondence from Phil Mauer and Associates Inc. re Letter of Support for SWODF application be received for information; AND THAT the Mayor be directed to provide a Letter of Support to Phil Mauer and Associates Inc. in support of their SWODF application. CARRIED 13.2 Reports to Council A. Report CAO-01/24 by Thomas Thayer, CAO re Update to Municipal Energy Plan – Location Action Plan Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Report CAO-01/24 re Update to the Municipal Energy Plan – Local Action Plan be received for information; AND THAT Council accept the quote for an update to the Municipality’s Municipal Energy Plan – Local Action Plan on GHG Emissions from Arcadis in the quoted amount of $14,000 plus HST; Council Minutes January 18, 2024 7 AND THAT the funding for this project be allocated from Working Capital. CARRIED 14. BY-LAWS A. By-law No. 2024-002 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and the Grand River Conservation Authority for Richmond Community Drinking Water System Works B. By-law No. Z767-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Shaw Shipway Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT By-law Nos. 2024-002 and Z767-2024 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Council do now rise to enter into an “In Camera” Session at 8:39 p.m. to discuss: A. Confidential Item re Personal matters about an identifiable individual (Administration) CARRIED 16.2 Out of Camera Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT the Council do now rise from the “In Camera” Session at 9:45 p.m. and report on Confidential Item re Personal matters about an identifiable individual (Administration). CARRIED Moved by: Councillor Froese Seconded by: Councillor Chilcott Council Minutes January 18, 2024 8 THAT Confidential Item re Personal matters about an identifiable individual (Administration) be received for information; AND THAT staff proceed as directed. CARRIED 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2024-003 Being a by-law to confirm all actions of Council Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Confirming By-law No. 2024-003 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 9:46 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, January 18, 2024 7:30 p.m. A. Proposed Zoning By-Law Amendment ZBA-13/23, 11593 Plank Road – MacAloney The January 18, 2024 Planning 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 PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL TREASURER LORNE JAMES BY-LAW ENFORCEMENT OFFICER STEPHEN MILLER CHIEF BUILDING OFFICIAL SCOTT SUTHERLAND FIRE CHIEF|BY-LAW ENFORCEMENT HARRY BARANIK OFFICER PUBLIC ATTENDEES A: N/A 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:35 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Proposed Zoning By-Law Amendment ZBA-13/23, 11593 Plank Road – MacAloney 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- 2 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. 5. PUBLIC PARTICIPATION No public participation. 6. CORRESPONDENCE No correspondence received. 7. OTHER BUSINESS No other business. 8. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the Zoning By-law Amendment be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning By-law Amendment Application ZBA-13/23 is now complete at 7:37 p.m. CARRIED MAYOR CLERK REPORT PHYSICAL SERVICES TO: Mayor & Members of Council FROM: Ed Roloson, Manager of Capital Projects - Water/Wastewater Operations DATE: February 1, 2024 REPORT: PS-01/24 SUBJECT: 2023 ANNUAL DRINKING WATER AND COMPLIANCE SUMMARY REPORTING – BAYHAM AND RICHMOND WATER SYSTEMS BACKGROUND: The Municipality is required to provide annual drinking water quality compliance reports as set out in Ontario Regulation (O. Reg.) 170/03. ATTACHMENTS: 1. 2023 Bayham Annual Report 2. 2023 Bayham Summary Report 3. 2023 Bayham Waterflow Report 4. 2023 Richmond Annual Report 5. 2023 Richmond Summary Report 6. 2023 Richmond Waterflow Report RECOMMENDATION 1. THAT Report PS-01/24 re 2023 Annual Drinking Water and Compliance Summary Reporting – Bayham and Richmond Water Systems be received for information. Respectfully Submitted by: Reviewed by: Ed Roloson Thomas Thayer, CMO, AOMC Manager of Capital Projects| Chief Administrative Officer Water/Wastewater Operations Drinking-Water Systems Regulation O. Reg. 170/03 Drinking Water Systems Regulations (PIBS 4435e01) February 2008 Page 1 of 6 OPTIONAL ANNUAL REPORT TEMPLATE Drinking-Water System Number: 260004748 Drinking-Water System Name: Bayham Distribution System Drinking-Water System Owner: The Corporation of the Municipality of Bayham Drinking-Water System Category: WD Large Municipal Residential Period being reported: 2023 Complete if your Category is Large Municipal Residential or Small Municipal Residential Does your Drinking-Water System serve more than 10,000 people? Yes [ ] No [ x ] Is your annual report available to the public at no charge on a web site on the Internet? Yes [ x ] No [ ] Location where Summary Report required under O. Reg. 170/03 Schedule 22 will be available for inspection. Complete for all other Categories. Number of Designated Facilities served: Did you provide a copy of your annual report to all Designated Facilities you serve? Yes [ ] No [ ] Number of Interested Authorities you report to: Did you provide a copy of your annual report to all Interested Authorities you report to for each Designated Facility? Yes [ ] No [ ] Note: For the following tables below, additional rows or columns may be added or an appendix may be attached to the report List all Drinking-Water Systems (if any), which receive all of their drinking water from your system: Drinking Water System Name Drinking Water System Number N/A Did you provide a copy of your annual report to all Drinking-Water System owners that are connected to you and to whom you provide all of its drinking water? Yes [ ] No [ ] 1 Chatham St. Port Burwell, Ont. N0J 1TO N/A Drinking-Water Systems Regulation O. Reg. 170/03 Drinking Water Systems Regulations (PIBS 4435e01) February 2008 Page 2 of 6 Indicate how you notified system users that your annual report is available, and is free of charge. [ x ] Public access/notice via the web [ x ] Public access/notice via Government Office [ ] Public access/notice via a newspaper [ x ] Public access/notice via Public Request [ ] Public access/notice via a Public Library [ x ] Public access/notice via other method __water bills_____________________________________ Describe your Drinking-Water System The Bayham water distribution system consists of various size transmission mains and apparatuses including 84 fire hydrants, 123 main valves and 5 air release and 4 drain chambers. The location of these are mainly located in the villages of Port Burwell and Vienna. The estimated service population is 1590 with 860 fully metered service connections with 2 main meter chambers. A booster pump station (chamber) is located on the transmission main to Vienna. This pump operates when the pressure drops to activate the pump which would normally occur during fire flows or main line flushing. List all water treatment chemicals used over this reporting period No chemicals used as this report is a stand-alone distribution system that receives treated water. Were any significant expenses incurred to? [x ] Install required equipment [x ] Repair required equipment [ x ] Replace required equipment Please provide a brief description and a breakdown of monetary expenses incurred Operating expenses totaling $768,954.00 (including purchase of water) Green Stream Funding totaling $1,276,000.00 successfully replaced approx.. 129 water service lines within the Village of Vienna drinking water system. Drinking-Water Systems Regulation O. Reg. 170/03 Drinking Water Systems Regulations (PIBS 4435e01) February 2008 Page 3 of 6 Provide details on the notices submitted in accordance with subsection 18(1) of the Safe Drinking-Water Act or section 16-4 of Schedule 16 of O.Reg.170/03 and reported to Spills Action Centre Incident Date Parameter Result Unit of Measure Corrective Action Corrective Action Date Microbiological testing done under the Schedule 10, 11 or 12 of Regulation 170/03, during this reporting period. Number of Samples Range of E.Coli Or Fecal Results (min #)-(max #) Range of Total Coliform Results (min #)-(max #) Number of HPC Samples Range of HPC Results (min #)-(max #) Raw Treated Distribution 164 0 – 0 0 - 0 164 <10 - >2000 Operational testing done under Schedule 7, 8 or 9 of Regulation 170/03 during the period covered by this Annual Report. Number of Grab Samples Range of Results (min #)-(max #) Turbidity Chlorine 429 0.24 – 1.98 (free) Fluoride (If the DWS provides fluoridation) NOTE: Record the unit of measure if it is not milligrams per litre. NOTE: For continuous monitors use 8760 as the number of samples. Drinking-Water Systems Regulation O. Reg. 170/03 Drinking Water Systems Regulations (PIBS 4435e01) February 2008 Page 4 of 6 Summary of additional testing and sampling carried out in accordance with the requirement of an approval, order or other legal instrument. Date of legal instrument issued Parameter Date Sampled Result Unit of Measure Summary of Inorganic parameters tested during this reporting period or the most recent sample results Parameter Sample Date Result Value Unit of Measure Exceedance Antimony Arsenic Barium Boron Cadmium Chromium *Lead Mercury Selenium Sodium Uranium Fluoride Nitrite Nitrate *only for drinking water systems testing under Schedule 15.2; this includes large municipal non-residential systems, small municipal non-residential systems, non-municipal seasonal residential systems, large non-municipal non-residential systems, and small non-municipal non-residential systems Drinking-Water Systems Regulation O. Reg. 170/03 Drinking Water Systems Regulations (PIBS 4435e01) February 2008 Page 5 of 6 Summary of lead testing under Schedule 15.1 during this reporting period (applicable to the following drinking water systems; large municipal residential systems, small municipal residential systems, and non-municipal year-round residential systems) Location Type Number of Samples Range of Alkalinity Results (min#) – (max #) Number of Exceedances Plumbing Distribution 8 pH and alkalinity Alk. 95-105 mg/L pH= 7.28-7.90 0 Summary of Organic parameters sampled during this reporting period or the most recent sample results Parameter Sample Date Result Value Unit of Measure Exceedance Alachlor Aldicarb Aldrin + Dieldrin Atrazine + N-dealkylated metobolites Azinphos-methyl Bendiocarb Benzene Benzo(a)pyrene Bromoxynil Carbaryl Carbofuran Carbon Tetrachloride Chlordane (Total) Chlorpyrifos Cyanazine Diazinon Dicamba 1,2-Dichlorobenzene 1,4-Dichlorobenzene Dichlorodiphenyltrichloroethane (DDT) + metabolites 1,2-Dichloroethane 1,1-Dichloroethylene (vinylidene chloride) Dichloromethane 2-4 Dichlorophenol 2,4-Dichlorophenoxy acetic acid (2,4-D) Drinking-Water Systems Regulation O. Reg. 170/03 Drinking Water Systems Regulations (PIBS 4435e01) February 2008 Page 6 of 6 Diclofop-methyl Dimethoate Dinoseb Diquat Diuron Glyphosate HAA5 (Total Haloacetic Acids) (NOTE: show latest annual average) 2023 29.5 µg/L Heptachlor + Heptachlor Epoxide Lindane (Total) Malathion Methoxychlor Metolachlor Metribuzin Monochlorobenzene Paraquat Parathion Pentachlorophenol Phorate Picloram Polychlorinated Biphenyls(PCB) Prometryne Simazine THM (NOTE: show latest annual average) 2023 60 µg/L Temephos Terbufos Tetrachloroethylene 2,3,4,6-Tetrachlorophenol Triallate Trichloroethylene 2,4,6-Trichlorophenol 2,4,5-Trichlorophenoxy acetic acid (2,4,5-T) Trifluralin Vinyl Chloride List any Inorganic or Organic parameter(s) that exceeded half the standard prescribed in Schedule 2 of Ontario Drinking Water Quality Standards. Parameter Result Value Unit of Measure Date of Sample THM 52 ug/L Jan. 10/2023 THM 38 ug/L April 4/2023 THM 69 ug/L July 4/2023 THM 80 ug/L Oct. 10/2023 Drinking-Water Systems Regulation O. Reg. 170/03 Drinking Water Systems Regulations (PIBS 4435e01) February 2008 Page 7 of 6 2023 ANNUAL SUMMARY REPORT FOR MUNICIPAL DRINKING WATER SYSTEMS Report This report is a summary of water quality information for the Bayham Water Distribution System, Water Works # 260004748, published in accordance with Schedule 22 of the Ontario’s Drinking Water Systems Regulation for the reporting period of January 1, 2023 to December 31, 2023. The Bayham Water Distribution System is categorized as a Class 1, Large Municipal Residential Drinking Water System. Who gets a copy of the Report: The owner of the drinking – water system shall ensure that the following receive the summary report no later than March 31 for the preceding calendar year;  in the case of a drinking water system owned by a municipality, the members of the Municipal Council;  in the case of a drinking water system owned by a municipal service board established under section 195 of the Municipal Act, 2001, the members of the municipal service board; or  in the case of a drinking water system owned by a corporation, the board of directors of the corporation. What must the Report contain? The report must, (a) list the requirements of the Act, the regulations, the system’s approval and any order that the system failed to meet at any time during the period covered by the report and specify the duration of the failure; and (b) for each failure referred to in clause (a), describe the measures that were taken to correct the failure. The Bayham Water Distribution System complied with the following Drinking Water Legislation;  Safe Drinking Water Act  O. Reg 170/03, O. Reg 128/04  System Drinking Water Licence # 061-101, and Permit #061-102 What else must the report contain? The report must also include the following information for the purposes of enabling the owner of the system to assess the capability of the system to meet existing and planned uses of the system:  A summary of the quantities and flow rates of the water supplied during the period covered by the report;  A comparison of the summary referred to in paragraph 1 to the rated capacity and flow rates approved in the system’s approval. Attachments  2023 flows Report Prepared by; Ed Roloson, CMM III, CRS Manager of Capital Projects - Water/Wastewater Operations MUNICIPALITY OF BAYHAM MONTHLY WATER CONSUMPTION (m3) Jan.Feb.March April May June July Aug.Sept.Oct.Nov.Dec.Totals 2023 Pt.Burwell 5461 4998 5823 5484 8048 8112 9815 9209 7675 6176 6008 6136 82,945 avg.daily 176 179 188 183 260 270 317 297 256 199 200 198 Vienna 3797 3650 4284 4810 5408 5306 4962 4867 4441 4313 4068 3923 53,829 avg. daily 122 130 138 160 174 176 160 157 148 139 136 127 Lake View 10,371 9,456 11,159 11,343 14,706 15,290 15,607 15,173 12,913 11,999 11,053 11,322 150,392 avg. daily 335 338 360 378 474 510 503 489 430 387 368 365 2022 Pt.Burwell 6240 5180 6192 5894 9302 9827 11731 9861 7216 7895 6117 6904 92,359 avg.daily 201 185 200 196 300 328 378 318 240 255 204 223Vienna509042354693369248625387484547464861510441044148 55,767 avg. daily 164 151 151 123 157 180 156 153 162 165 137 134 Lake View 12,454 10,685 12,413 13,428 15,304 17,058 17,873 16,203 13,754 13,415 11,244 12,380 166,211 avg. daily 402 382 400 448 494 569 576 523 458 433 375 399 2021 Pt.Burwell 5481 5513 5625 5782 8670 8977 8275 11020 7478 7141 5827 5726 85,515 avg.daily 177 197 181 193 280 299 267 356 249 230 194 184 Vienna 4151 3777 4249 4347 4677 4745 4293 5355 4089 4453 4522 4791 53,449 avg. daily 134 135 137 145 151 158 138 173 136 148 150 154 Lake View 11,184 9,045 10,399 11,445 14,360 15,312 16,448 18,769 13,519 13,096 11,491 11,956 157,024 avg. daily 361 323 335 381 463 510 531 605 451 422 383 386 2020 Pt.Burwell 5281 5334 6025 6464 7438 8174 9161 9595 7553 7463 5589 5419 83,496 avg.daily 170 184 194 215 240 272 296 310 252 241 180 175 Vienna 4629 4791 4436 3813 4423 4653 5214 4767 3894 5278 4198 3517 53,613 avg. daily 149 165 143 123 143 155 168 154 130 176 135 113 Lake View 11,146 11,064 11,537 11,183 12,479 14,325 16,657 15,125 12,858 13,765 11,111 11,603 152,853 avg. daily 360 395 372 373 403 478 537 488 429 440 370 374 MUNICIPALITY OF BAYHAM MONTHLY WATER CONSUMPTION (m3) Drinking-Water Systems Regulation O. Reg. 170/03 Drinking Water Systems Regulations (PIBS 4435e01) February 2008 Page 1 of 6 OPTIONAL ANNUAL REPORT TEMPLATE Drinking-Water System Number: 260074854 Drinking-Water System Name: Richmond Community Drinking Water System Drinking-Water System Owner: The Corporation of the Municipality of Bayham Drinking-Water System Category: Small Municipal Year Round Residential Period being reported: 2023 Complete if your Category is Large Municipal Residential or Small Municipal Residential Does your Drinking-Water System serve more than 10,000 people? Yes [ ] No [ x ] Is your annual report available to the public at no charge on a web site on the Internet? Yes [ x ] No [ ] Location where Summary Report required under O. Reg. 170/03 Schedule 22 will be available for inspection. Complete for all other Categories. Number of Designated Facilities served: Did you provide a copy of your annual report to all Designated Facilities you serve? Yes [ ] No [x ] Number of Interested Authorities you report to: Did you provide a copy of your annual report to all Interested Authorities you report to for each Designated Facility? Yes [ ] No [ x ] Note: For the following tables below, additional rows or columns may be added or an appendix may be attached to the report List all Drinking-Water Systems (if any), which receive all of their drinking water from your system: Drinking Water System Name Drinking Water System Number N/A Did you provide a copy of your annual report to all Drinking-Water System owners that are connected to you and to whom you provide all of its drinking water? Yes [ ] No [ ] Bayham Wastewater Treatment Plant 1 Chatham St. Port Burwell,ON 519-874-4761 N/A N/A Drinking-Water Systems Regulation O. Reg. 170/03 Drinking Water Systems Regulations (PIBS 4435e01) February 2008 Page 2 of 6 Indicate how you notified system users that your annual report is available, and is free of charge. [x ] Public access/notice via the web [x ] Public access/notice via Government Office [ ] Public access/notice via a newspaper [x] Public access/notice via Public Request [ ] Public access/notice via a Public Library [ x] Public access/notice via other method --- water bills _______________________________________ Describe your Drinking-Water System The community is serviced by two drilled overburden wells and treatment equipment upgrades including raw water softeners, nitrate filters, pre and post chlorination, post filtration, ultra violet light disinfection, on-line continuous monitoring equipment including nitrate, turbidity and chlorine. The system is monitored and alarmed by a computerized SCADA system. List all water treatment chemicals used over this reporting period Sodium Hypochlorite ( 12% ) Were any significant expenses incurred to? [ x ] Install required equipment [ x ] Repair required equipment [ x ] Replace required equipment Please provide a brief description and a breakdown of monetary expenses incurred Operating expenses totaling $100,012.00 and capital totaling $15,000.00 Drinking-Water Systems Regulation O. Reg. 170/03 Drinking Water Systems Regulations (PIBS 4435e01) February 2008 Page 3 of 6 Provide details on the notices submitted in accordance with subsection 18(1) of the Safe Drinking-Water Act or section 16-4 of Schedule 16 of O.Reg.170/03 and reported to Spills Action Centre Microbiological testing done under the Schedule 10, 11 or 12 of Regulation 170/03, during this reporting period. Number of Samples Range of E.Coli Or Fecal Results (min #)-(max #) Range of Total Coliform Results (min #)-(max #) Number of HPC Samples Range of HPC Results (min #)-(max #) Raw 24 0 0 0 Treated Distribution 104 0 0 - 1 112 >10 - 90 Operational testing done under Schedule 7, 8 or 9 of Regulation 170/03 during the period covered by this Annual Report. Number of Grab Samples Range of Results (min #)-(max #) Turbidity 8760 0.00 –2.00 (equip cal) Chlorine 8760 0.00 –2.50(equip. cal) (free) Fluoride (If the DWS provides NOTE: Record the unit of measure if it is not milligrams per litre. Summary of additional testing and sampling carried out in accordance with the requirement of an approval, order or other legal instrument. Date of legal instrument issued Parameter Date Sampled Result Unit of Measure Incident Date Parameter Result Unit of Measure Corrective Action Corrective Action Date Jan.22/19 Sodium 95.6 mg/L Ongoing DWA by MOH Jan 29/19 Jan. 3/23 Nitrate 10.8 mg/L Resampled Jan. 13/23 NOTE: For continuous monitors use 8760 as the number of samples. Drinking-Water Systems Regulation O. Reg. 170/03 Drinking Water Systems Regulations (PIBS 4435e01) February 2008 Page 4 of 6 Summary of Inorganic parameters tested during this reporting period or the most recent sample results Parameter Sample Date Result Value Unit of Measure Exceedance Antimony Jan. 13/20 0.09 <MDL ug/L Arsenic Jan. 13/20 0.2 <MDL ug/L Barium Jan. 13/20 32.4 ug/L Boron Jan. 13/20 24 ug/L Cadmium Jan. 13/20 0.013 ug/L Chromium Jan. 13/20 0.43 ug/L *Lead See below Mercury Jan. 13/20 0.01 <MDL ug/L Selenium Jan. 13/20 0.06 ug/L Sodium Jan.22/19 95.6 mg/L Yes- DWA Uranium Jan. 13/20 0.127 ug/L Fluoride Jan. 13/20 0.08 mg/L Nitrite Annual range 0.003-0.004 mg/L Nitrate Annual range 3.93 – 10.8 mg/L Yes *only for drinking water systems testing under Schedule 15.2; this includes large municipal non-residential systems, small municipal non-residential systems, non-municipal seasonal residential systems, large non-municipal non-residential systems, and small non-municipal non-residential systems Summary of lead testing under Schedule 15.1 during this reporting period (applicable to the following drinking water systems; large municipal residential systems, small municipal residential systems, and non-municipal year-round residential systems) Location Type Number of Samples Range of Lead Results (min#) – (max #) Number of Exceedances Plumbing 0 Distribution 4 Alk. = 208 – 278 mg/L pH = 7.27 - 7.49 0 Drinking-Water Systems Regulation O. Reg. 170/03 Drinking Water Systems Regulations (PIBS 4435e01) February 2008 Page 5 of 6 Summary of Organic parameters sampled during this reporting period or the most recent sample results Parameter Sample Date Result Value Unit of Measure Exceedance Alachlor Jan. 13/20 0.02 <MDL ug/L Atrazine Jan. 13/20 0.01 <MDL ug/L Atrazine + N-dealkylated metobolites Jan. 13/20 0.01 ug/L Azinphos-methyl Jan. 13/20 0.05 <MDL ug/L Benzene Jan. 13/20 0.32 <MDL ug/L Benzo(a)pyrene Jan. 13/20 0.004 <MDL ug/L Bromoxynil Jan. 13/20 0.33 <MDL ug/L Carbaryl Jan. 13/20 0.05 <MDL ug/L Carbofuran Jan. 13/20 0.01 <MDL ug/L Carbon Tetrachloride Jan. 13/20 0.17 <MDL ug/L Chlorpyrifos Jan. 13/20 0.02 <MDL ug/L Desethyl Atrrazine Jan. 13/20 0.01 ug/L Diazinon Jan. 13/20 0.02 <MDL ug/L Dicamba Jan. 13/20 0.20 <MDL ug/L 1,2-Dichlorobenzene Jan. 13/20 0.41 <MDL ug/L 1,4-Dichlorobenzene Jan. 13/20 0.36 <MDL ug/L 1,2-Dichloroethane Jan. 13/20 0.35 <MDL ug/L 1,1-Dichloroethylene (vinylidene chloride) Jan. 13/20 0.33 <MDL ug/L Dichloromethane Jan. 13/20 0.35 <MDL ug/L 2-4 Dichlorophenol Jan. 13/20 0.15 <MDL ug/L 2,4-Dichlorophenoxy acetic acid (2,4-D) Jan. 13/20 0.19 <MDL ug/L Diclofop-methyl Jan. 13/20 0.40 <MDL ug/L Dimethoate Jan. 13/20 0.03 <MDL ug/L Diquat Jan. 13/20 1 <MDL ug/L Diuron Jan. 13/20 0.03 <MDL ug/L Glyphosate Jan. 13/20 1 <MDL ug/L Malathion Jan. 13/20 0.02 <MDL ug/L MCPA Jan. 13/20 0.00012 <MDL ug/L Metolachlor Jan. 13/20 0.01 <MDL ug/L Metribuzin Jan. 13/20 0.02 <MDL ug/L Monochlorobenzene Jan. 13/20 0.3 <MDL ug/L Paraquat Jan. 13/20 1 <MDL ug/L Pentachlorophenol Jan. 13/20 0.15 <MDL ug/L Phorate Jan. 13/20 0.01 <MDL ug/L Picloram Jan. 13/20 1 <MDL ug/L Drinking-Water Systems Regulation O. Reg. 170/03 Drinking Water Systems Regulations (PIBS 4435e01) February 2008 Page 6 of 6 Polychlorinated Biphenyls(PCB) Jan. 13/20 0.04 <MDL ug/L Prometryne Jan. 13/20 0.03 <MDL ug/L Simazine Jan. 13/20 0.01 <MDL ug/L THM (NOTE: show latest annual average) 2023 9.6 ug/L Terbufos Jan. 13/20 0.01 <MDL ug/L Tetrachloroethylene Jan. 13/20 0.35 <MDL ug/L 2,3,4,6-Tetrachlorophenol Jan. 13/20 0.20 <MDL ug/L Triallate Jan. 13/20 0.01 <MDL ug/L Trichloroethylene Jan. 13/20 0.44 <MDL ug/L 2,4,6-Trichlorophenol Jan. 13/20 0.25 <MDL ug/L Trifluralin Jan. 13/20 0.02 <MDL ug/L Vinyl Chloride Jan. 13/20 0.17 <MDL ug/L HAA5 (Total Haloacetic Acids) (NOTE: show latest annual average) 2023 5.3 <MDL ug/L List any Inorganic or Organic parameter(s) that exceeded half the standard prescribed in Schedule 2 of Ontario Drinking Water Quality Standards. Parameter Result Value Unit of Measure Date of Sample 2023 ANNUAL SUMMARY REPORT FOR MUNICIPAL DRINKING WATER SYSTEMS Report This report is a summary of water quality information for the Richmond Community Water System, Water Works # 260074854, published in accordance with Schedule 22 of the Ontario’s Drinking Water Systems Regulation for the reporting period of January 1, 2023 to December 31, 2023. The Richmond Community Water System is categorized as a Small Municipal Year Round Residential Drinking Water System, Class 2 water treatment and Class 1 water distribution. Who gets a copy of the Report: The owner of the drinking – water system shall ensure that the following receive the summary report no later than March 31 for the preceding calendar year;  in the case of a drinking water system owned by a municipality, the members of the Municipal Council;  in the case of a drinking water system owned by a municipal service board established under section 195 of the Municipal Act, 2001, the members of the municipal service board; or  in the case of a drinking water system owned by a corporation, the board of directors of the corporation. What must the Report contain? The report must, (a) list the requirements of the Act, the regulations, the system’s approval and any order that the system failed to meet at any time during the period covered by the report and specify the duration of the failure; and (b) for each failure referred to in clause (a), describe the measures that were taken to correct the failure. The Richmond Community Water System complied with the following Drinking Water Legislation;  Safe Drinking Water Act  O. Reg 170/03, O. Reg 128/04  System Drinking Water Licence # 061-201, and Permit #061-202 What else must the report contain? The report must also include the following information for the purposes of enabling the owner of the system to assess the capability of the system to meet existing and planned uses of the system:  A summary of the quantities and flow rates of the water supplied during the period covered by the report;  A comparison of the summary referred to in paragraph 1 to the rated capacity and flow rates approved in the system’s approval. Attachments  2023 flows Report Prepared by; Ed Roloson, CMM III, CRS Manager of Capital Projects – Water/Wastewater Operations RICHMOND COMMUNITY WATER SYSTEM MONTHLY WATER CONSUMPTION (m3) Jan.Feb.March April May June July Aug.Sept.Oct.Nov.Dec.Totals 2023East 474 491 493 496 543 525 457 458 459 446 430 448 5720 avg.daily 15 18 16 17 18 18 15 15 15 14 14 14 West 498 505 526 527 454 442 434 422 425 427 416 430 5506 avg. daily 16 18 17 18 15 15 14 14 14 14 14 14 2022 East 399 354 392 413 376 475 438 423 430 437 467 422 5026 avg.daily 12 12 12 13 12 15 14 13 14 13 15 13West409342402424386485451436443449480433 5140 avg. daily 13 12 13 14 13 16 15 14 15 14 16 14 2021 East 415 368 403 400 452 489 459 456 447 456 453 472 5270 avg.daily 13 13 13 13 15 16 15 15 15 15 15 15 West 426 376 413 411 463 500 472 470 460 469 465 484 5409 avg. daily 14 13 13 14 15 17 15 15 15 15 16 16 2020 East 429 457 472 429 457 472 472 472 444 428 403 424 5359 avg.daily 14 15 16 14 15 16 14 15 15 14 13 14 West 439 468 484 439 468 484 484 484 455 440 413 434 5492 avg. daily 15 15 16 15 15 16 14 16 15 14 14 14 RICHMOND COMMUNITY WATER SYSTEM MONTHLY WATER CONSUMPTION (m3) ZBA-11/23 PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z767-2024 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: C. SHAW AND D. SHIPWAY, 10465 PLANK RD TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z767-2024 on the 18th day of January 2024 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 8th day of February 2024 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Rural Residential (RR)’ zone to a site-specific ‘Rural Residential’ (RR-48)’ to permit new livestock uses, livestock-related buildings and structures in accessory for a maximum equivalent of 1.9 Nutrient Units, and a Maximum Building Floor Area equivalent to or less than 10 m2 per structure. Section 7.1 and Section 7.11 of Zoning By-law Z456-2003 currently do not permit livestock uses in accessory buildings within the ‘Rural Residential (RR)’ zone. The subject property is known as 10465 Plank Road, west side, south of Maple Grove Line and north of Black Bridge Line. THE EFFECT of this By-law will be to permit new livestock uses, livestock-related buildings and structures in accessory for a maximum equivalent of 1.9 Nutrient Units, and a Maximum Building Floor Area equivalent to or less than 10 m2 per structure. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection by contacting the municipal office. DATED AT THE MUNICIPALITY OF BAYHAM THIS 19TH DAY OF JANUARY 2024. NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality. 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 A-01/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: LISA AND SCOTT WALKER LOCATION: 41 STRACHAN STREET, PORT BURWELL TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-01/24). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, February 1, 2024, at 6:45 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for the development of a detached garage on the subject property located at 41 Strachan Street, Port Burwell: 1) Section 10.10 to permit a Minimum Rear Yard Depth of 1.2 metres, whereas 7.0 metres is currently permitted. 2) Section 10.11.c) to permit a Maximum Floor Area of 88.5 m2, whereas 75.0 m2 is currently permitted for accessory buildings and structures. THE EFFECT of this variance will be to permit a new accessory structure (detached garage) on the subject property with a reduced Minimum Rear Yard Depth and permit an increased Maximum Floor Area. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 9:00 am on January 26, 2024 to be included in the Committee of Adjustment agenda. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. Dated at the Municipality of Bayham this 19th day of January 2024. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca ZBA-01/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: DONALD, MARGORIE, RUBEN, AND EMERY SILVERTHORN LOCATION: 58224 HERITAGE LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-01/24). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, February 15th, 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. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel THE PURPOSE of this By-law Amendment is to rezone a portion of the subject property, fronting Heritage Line, from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Farm Commercial (FC-xx)’ Zone to permit an agricultural-related business/use for the importing and sale of animal feed and fertilizers. The subject lands are known as 58224 Heritage Line, north side and west of Elgin County Road 55. THE EFFECT of this By-law will be to permit an agricultural-related business/use for the importing and sale of animal feed and fertilizers on the subject property in addition to the existing agricultural operations. 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, February 7, 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 26th day of January 2024. 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 ZBA-02/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: RANDY WAYNE AND LINDA DIANE UNDERHILL LOCATION: 54190 VIENNA LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-02/24). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, February 15th, 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. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel THE PURPOSE of this By-law Amendment is to rezone two portions of the subject lands as a result of a surplus farm dwelling severance, in Zoning By-law Z456-2003. The proposed severed lot is to be rezoned from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Rural Residential (RR-xx)’ Zone to recognize the existing minimum Front Yard Depth of 10.5 metres. The proposed retained lot is to be rezoned from ‘A1’ to ‘Special Agricultural (A2)’ Zone to prohibit new dwellings. The subject lands are known as 54190 Vienna Line, north side and west of Woodworth Road. THE EFFECT of this By-law will be to recognize the residential nature of the newly created residential lot and to prohibit new dwellings on the retained farm parcel in accordance with the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E4-23. 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 before 12:00 Noon on Wednesday, February 7, 2024 to munderhill@bayham.on.ca or at the municipal office to be included in the zoning 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 26th day of January 2024. 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 ZBA-03/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: SARA WALL LOCATION: 6780 RICHMOND ROAD, CALTON TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-03/24). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, February 15th, 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. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Institutional (I)’ Zone to ‘Hamlet Residential (HR)’ Zone to permit and develop two (2) residential dwelling units, one (1) being an Additional Residential Unit, within the existing building/structure on the subject property. The subject lands are known as 6780 Richmond Road, east side and north of Calton Line. THE EFFECT of this By-law will be to permit the development of two (2) residential dwelling units, one (1) being an Additional Residential Unit, within the existing building/structure on the subject property. 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 before 12:00 Noon on Wednesday, February 7, 2024 to munderhill@bayham.on.ca or at the municipal office to be included in the zoning 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 26th day of January 2024. 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 Calton ZBA-04/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: YORKE GRAHAM LOCATION: 11693 ELLIOT ROAD TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-04/24). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, February 15th, 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. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel THE PURPOSE of this By-law Amendment is to rezone the subject property as a result of a severance for the creation of new residential lot, in Zoning By-law Z456-2003. Both the proposed retained and severed lot are to be rezoned from ‘Agricultural (A1)’ Zone to ‘Rural Residential (RR)’ Zone. The subject lands are known as 11693 Elliott Road, west side and north of Talbot Line. THE EFFECT of this By-law will be to recognize the residential nature of the retained lot and the newly created severed lot for a future dwelling, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E33-23. 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 before 12:00 Noon on Wednesday, February 7, 2024 to munderhill@bayham.on.ca or at the municipal office to be included in the zoning 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 26th day of January 2024. 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 Specific Policy Area No. 1 Elliott Road OPA-01/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED OFFICIAL PLAN AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: UNDERHILL FARMS LTD. LOCATION: 55032 VIENNA LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for an Official Plan Amendment (OPA-01/24), the County of Elgin is the Approval Authority for Official Plan Amendments. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, February 15th, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville to consider a proposed Official Plan Amendment under Section 17 of the PLANNING ACT. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel THE PURPOSE of the Official Plan Amendment is to add a new site-specific sub-section to permit the severance of an existing dwelling made surplus through farm consolidation that does not conform to Section 2.1.7.1. The subject lands are located at 55032 Vienna Line, north side, and west of Brown Road. THE EFFECT of this Official Plan Amendment will be to permit the severance of a surplus farm dwelling from a farm parcel where more than one dwelling and severance of a surplus farm dwelling had previously occurred on the subject lands as a result of a farm consolidation. 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 before 12:00 Noon on Wednesday, February 7, 2024 to munderhill@bayham.on.ca or at the municipal office to be included in the official plan 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-laws are 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 Official Plan Amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendments may be obtained by contacting the Municipal Office. Dated at the Municipality of Bayham this 26th day of January 2024. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca REPORT DRAINAGE TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works|Drainage Superintendent DATE: February 1, 2024 REPORT: DR-02/24 SUBJECT: 2023 4th QUARTER DRAINAGE REPORT BACKGROUND: This Report is to inform Council of Q4 2023 current ongoing and completed to-date drainage activities to date. DISCUSSION: Drainage works regarding Q4 2023 new drains and drain maintenance are outlined below: New Drains: Drain Name Status Hampton Drain Hampton Drain was completed with the exception of some final grading in areas to be completed in Spring of 2024. PBR completed the construction which took place for approx. 3 weeks at the end of November. Staff are very satisfied with the work that was completed to date. New Drain – Peters Drain Extension Engineer submitted report filed with Municipality on December 21, 2023. Public meeting to consider the Report February 1, 2024 New Drain- OBAR Extension to Branch C of the Eden Drain. -Site meeting has been completed (Sept. 11, 2023) -Engineer working on report. New Drain- VanQuaethum Extension Plank Road. -Site meeting has been completed (Aug. 15, 2023) -Engineer working on report. Vienna Ridge Subdivision Petition Submitted, December 20, 2023. Council awarded report Spriet. 11:28 Properties Inc. Petition Submitted and filed on Oct. 23, 2023 Council passed consideration of Petition on November 2, 2023 Engineer has been assigned to prepare report Frank Wall Petition submitted on October 4, 2023 Council considered and passed Petition on October 19, 2023. On-site meeting was held on November 14, 2023. Engineer has been assigned to prepare the report. Drain Maintenance: Drain Name Status Nevill Drain New sinkhole to repair. Contractor has been notified. Pollick Drain Contractor completed all repairs late November/early December. Drain flowing slowly and should be replaced due to tile arrangement and sediment within the drain. Ramsey Drain Ditch is to be dug out at property line. Excavator contractor has been notified hoping to complete early January. Resident was notified of the work on the drain. Benner Drain Branch C and D Branches were abandoned in December per Council direction and by-law. Benner Drain Main Drain Sink hole reported Dec. 21, 2023 contractor has been notified. Bartley Drain Complaint about buildup of brush. Inspection of drain completed on Dec. 18, 2023 and drain has not been brushed in over 25 years. Staff prepare documents to have drain brushed and bottom clean out. Firehall Drain Complaint came in on drain backing up December and January. Onsite during storm seem to be draining good just cannot handle water. Contractor has been notified to complete snake and inspection. Corinth Drain-Henry St. Branch Complaints during large rain events drain backing up. Waiting on contractor to snake and investigate. Deli Drain Large culvert on Coyle Road failing at laneway. Culvert needs to be replaced and waiting on contractor to quote. Arns Drain Road crossing not handling large rain events contractor has been notified to snake and inspect. STRATEGIC PLAN Not applicable. RECOMMENDATION 1. THAT Report DR-02/24 re 2023 4th Quarter Drainage Report be received for information. Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works|Drainage Superintendent Chief Administrative Officer REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: February 1, 2024 REPORT: DS-05/24 FILE NO. C-07 / D13.MACA Roll # 3401-000-006-18800 SUBJECT: Rezoning Application ZBA-13/23 – MacAloney, T & R 11593 Plank Road, Eden Draft Zoning By-law No. Z768-2024 BACKGROUND Tamara and Robert MacAloney have submitted a rezoning application to rezone a property at 11593 Plank Road, west side, north of Eden Line in the hamlet of Eden. The property is designated as “Hamlet” in Schedule ‘A1’ – Land Use in the Official Plan and zoned “Hamlet Commercial” (HC) in Schedule ‘D’ – Eden in Zoning By-law No. Z456-2003. The purpose of this By-law Amendment is to rezone the subject property from ‘Hamlet Commercial (HC)’ to ‘Hamlet Residential (HR)’ to permit and recognize the existing stand-alone residential dwelling not supported by a commercial use. 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. The public meeting was held on January 18, 2024 with no signed in attendees, no persons speaking to the application, and no written public submissions. DISCUSSION The planner’s memorandum, dated January 5, 2024, provides an analysis of the zoning amendment application against the Bayham Official Plan and Zoning By-law. The requested amendment will rezone the parcel from commercial to residential to allow the owner to remortgage the site at a lower rate with the financial institute, as the rates are currently higher for a commercially-zoned property. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning to change from Hamlet Commercial to Hamlet Residential. Staff Report DS-05/24 MacAloney 2 STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-13/23 MacAloney 2. Arcadis Memorandum, dated January 5, 2024 3. Draft Zoning By-law No. Z768-2024 RECOMMENDATION THAT Report DS-05/24 regarding the MacAloney rezoning application ZBA-13/23 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 January 18, 2024 associated with this application, there were no written submissions and no oral presentation received regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on a property located at 11593 Plank Road in the hamlet of Eden, from ‘Hamlet Commercial (HC)’ to ‘Hamlet Residential (HR)’; AND THAT Zoning By-law No. Z768-2024 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer 101-410 Albert Street Waterloo, ON, N2L 3V3 www.arcadis.com Memorandum To/Attention Municipality of Bayham Date January 5th, 2024 From Christian Tsimenidis, BES Project No 3404-924 cc William Pol, MCIP, RPP Subject Tamara and Robert MacAloney - Application for Zoning By-law Amendment ZBA-13-23, 11593 Plank Road, Eden Background 1. We have completed our review of the application for Zoning By-law Amendment submitted by Tamara and Robert MacAloney for 11593 Plank Road, west side and north of Eden Line, in the Hamlet of Eden. The applicant is requesting an amendment to change the zoning regulations 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. It is understood that the purpose of this rezoning to ‘Hamlet Residential (HR)’ is for the property owner to remortgage the site at a lower rate with the financial institute, as the rates are currently higher for the commercially zoned property. 2. The lands are currently designated as ‘Hamlet’ in Schedule ‘A1’ - Land Use in the Municipality of Bayham Official Plan. The lands are currently zoned ‘Hamlet Commercial’ (HC) in Schedule ‘D’ - Eden in Zoning By-law No. Z456-2003. Subject Property and Surrounding Area 3. The subject property has a lot area of approximately 2,335.0 m2 (0.23 ha.), estimated lot frontage of 39.2 m (128.8 ft.), and a lot depth of 57.6 m (189.2 ft.). The subject property comprises of a single-detached residential dwelling, and two (2) accessory sheds to the rear. It is understood that the previous commercial use/business associated with the existing dwelling on the subject property no longer exists. The existing dwelling and accessory sheds will remain as they exist today, as it is understood the applicant is not proposing any physical alterations to the existing building/structure on-site. The site is currently accessed by Plank Road. The subject property is currently serviced by private well and private septic system, which will remain unaltered as a result of this application. 4. The subject property is surrounded by existing residential dwellings of similar size and built-form along Plank Road, running north-south. The subject property is surrounded by a broad range of uses, being located in the Hamlet of Eden. The subject property is immediately adjacent to a fabrication and/or manufacturing ARCADIS MEMORANDUM Municipality of Bayham – January 5, 2024 2 business to the west, which is currently zoned Urban Industrial (M4-4) with a Site- Specific Exception. Both the industrial business on the adjacent lot and residential dwelling on the subject property are existing uses, therefore, it is Staff’s opinion that this Zoning By-law Amendment Application will not result in new land use conflicts at this time given that the uses already exist today. Further, there currently exists landscape buffering and fencing between the subject property and industrial property to the west. Municipality of Bayham Official Plan 5. The Bayham Official Plan designates the subject property as ‘Hamlet’ in Schedule ‘A1’ – Land Use. As per Section 4.4.1.2 of the Official Plan, the ‘Hamlet’ designation permits a broad range of uses, including residential dwellings, variety stores, public garages, schools, churches and small scale commercial and industrial uses. Section 4.4.2.1 of the Official Plan further states that the principal land use function of ‘Hamlets’ shall be for clusters of non-farm residential development in the form of single detached dwellings, and other low or medium density types of dwellings. 6. As mentioned previously in this Memo, a single-detached dwelling currently exists on the subject property, and it is understood that the previous commercial use/business associated with the existing dwelling on the subject property no longer exists. The existing dwelling is considered a permitted use in the Official Plan and meets the intent of the ‘Hamlet’ land use designation, as low-rise residential dwellings are strongly encouraged. 7. Based on the analysis provided above, it is our opinion that the proposed Zoning By-law Amendment Application would conform to the Bayham Official Plan. Municipality of Bayham Zoning By-law 8. The subject property is currently zoned ‘Hamlet Commercial’ (HC) in the Municipality of Bayham Zoning By-law. As per Section 16.1 of the Zoning By-law, the HC Zone only permits one (1) dwelling unit as an accessory use to the permitted commercial uses on the subject property. Given that the existing commercial business is no longer in operation, the stand-alone residential dwelling on the subject property is currently prohibited, as it is not supported by a commercial use. 9. The intent of this proposed Zoning 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. As mentioned throughout this Memo, the applicant/owner is not proposing any physical alterations to the existing buildings/structures on the subject property, as this Zoning By-law Amendment is to simply recognize an existing residential use and remortgage the site at a lower rate with a financial institute, as ARCADIS MEMORANDUM Municipality of Bayham – January 5, 2024 3 the rates are currently higher for the commercially zoned property. Therefore, Staff have no objection to the proposed Zoning By-law Amendment. Conclusion and Recommendations 10. Based on our review, we have no objection to the requested Zoning By-law Amendment Application 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. Christian Tsimenidis Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z768-2024 MACALONEY BEING A 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 Schedule “D” (Eden) by changing the zoning symbol on the subject property from ‘Hamlet Commercial (HC)’ zone to ‘Hamlet Residential (HR)’ zone, which lands are outlined in heavy solid lines and marked “HR” on Schedule “D” (Eden) to this By-law, which schedule is attached to and forms part of this By-law. 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 1ST DAY OF FEBRUARY 2024. READ A THIRD TIME AND FINALLY PASSED THIS 1ST DAY OF FEBRUARY 2024. MAYOR CLERK REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: February 1, 2024 REPORT: DS-06/24 FILE NO. C-07 / D11.SANDYTOWN Roll # 3401-000-004-09030 SUBJECT: Revised Subdivision Agreement – 1985763 Ontario Inc. Sandytown Subdivision, 8341 Sandytown Road, Straffordville Draft By-law No. 2024-005 BACKGROUND On December 21, 2023, Council received Staff Report DS-68/23 regarding the Draft Subdivision Agreement for the Draft Plan of Subdivision 34T-BY2101 for 1985763 Ontario Inc. and passed the following resolution: Moved by: Councillor Froese Seconded by: Councillor Emerson 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. DISCUSSION Following Council’s approval of the Subdivision Agreement, it was realized by the Owner’s lawyer, seeing the agreement for the first time for registration, that there were items missing from the text of the Agreement and that the Draft ‘M’ Plan was not correct. Discussions took place between the legal representatives for both Mr. Wall and the Municipality with the following agreed-upon revisions made to the Agreement: Staff Report DS-06/24 1985763 Ontario Inc. 2 1. Page 5 Added new date: THIS SUBDIVISON AGREEMENT made this day of , 2024. Added as a Third Recital: AND WHEREAS the Subdivider has agreed with the Municipality to comply with the conditions contained in the Notice of Decision, File No. 34T-BY2101, dated June 28, 2022. 2. Page 12 Section 3.4 last paragraph revised: 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. Upon such demonstration, the owner shall make provision for the assumption and operation by the Municipality of the sanitary sewer system, subject to the approval of the Municipality. The Subdivider agrees that any securities held by the Municipality shall not be returned until municipal assumption of the facility. 3. Page 22 Section 7.2 added j): j) The Subdivider shall confirm, to the satisfaction of the Municipality, that any licenced well drillers installing wells with respect to the development will either review and understand the potential need for specialized well construction techniques, or will be instructed on the potential need for specialized well construction techniques, prior to the commencement of on-site drilling. 4. Page 35 Added: ENCUMBRANCES 1. Charge registered as Instrument No. CT182233 on May 26, 2020 from 1985763 Ontario Inc., in favour of John Robert Rosenfeld and Jean Marie Rosenfeld, in the amount of $880,000.00. The balance due date is May 25, 2025. 5. Page 39 Added new date: SUBDIVISON AGREEMENT dated the day of ,2024. 6. Schedule ‘B1’ replaced with a revised Draft ‘M’ Plan 7. Schedule ‘D’ expanded to include the technical drawings The Agreement attached represents a revised document containing the necessary revisions for a registrable Subdivision Agreement. Staff are recommending that instead of presenting an amending By-law to approve the amendments, that Council approve Draft By-law No. 2024-005 to approve the revised Subdivision Agreement in its entirety between the Municipality of Bayham and 1985763 Ontario Inc. and to repeal By-law No. 2023-092. STRATEGIC PLAN Not Applicable Staff Report DS-06/24 1985763 Ontario Inc. 3 ATTACHMENTS 1. Draft By-law No. 2024-005 - Subdivision Agreement 1985763 Ontario Inc. RECOMMENDATION THAT Report DS-06/24 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 with 39 lots at 8341 Sandytown Road in the village of Straffordville; AND THAT Council repeal By-law No. 2023-092; AND THAT By-law No. 2024-005 be presented for enactment. 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. 2024-005 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 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 3 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 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 4 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 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 5 THIS SUBDIVISION AGREEMENT made this day of 2024. 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 Subdivider has agreed with the Municipality to comply with the conditions contained in the Notice of Decision, File No. 34T-BY2101, dated June 28, 2022. 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 ONE DOLLAR ($1.00) of lawful money of Canada by each to the other paid (the receipt and 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; 6 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 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); 7 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. 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. 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 8 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 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; 9 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; 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; 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; 10 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, 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. 11 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 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 12 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 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. Upon such demonstration, the owner shall make provision for the assumption and operation by the Municipality of the sanitary sewer system, subject to the approval 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. 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 13 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. The 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 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. 14 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 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 Plan Approval dated June 28, 2022 and other municipal services as identified in the previous Section of this Agreement. 15 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 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 16 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. 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. 17 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 Construction 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 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. 18 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 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 19 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 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, the 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- 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. 20 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. 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 21 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 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 22 that the underground services (water, sanitary and storm services) and sanitary pumping station (if applicable) are completed 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. j) The Subdivider shall confirm, to the satisfaction of the Municipality, that any licenced well drillers installing wells with respect to the development will either review and understand the potential need for specialized well construction techniques, or will be instructed on the potential need for specialized well construction techniques, prior to the commencement of on-site drilling. 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. 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. 23 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. 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, 24 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. 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; 25 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. 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. 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 26 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 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. W here any such work is approved, it shall be commenced and completed within such time or times as are 27 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 (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. 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. 28 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 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 29 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 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 30 (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. 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: 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 31 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 Municipality 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, 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 32 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: 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: 33 1985763 ONTARIO INC. c/o FRANK WALL 8635 STEWART RD 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 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. 34 IN WITNESS 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 day of __________ 2024. ) 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 __________, 2024. ) 1985763 ONTARIO INC. ) ) ) ) ______________________________ ) Frank Wall, President ) ) I have authority to bind the Corporation 35 SCHEDULE “A” SUBDIVISION AGREEMENT dated the day of 2024. 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) ENCUMBRANCES 1. Charge registered as Instrument No. CT182233 on May 26, 2020 from 1985763 Ontario Inc., in favour of John Robert Rosenfeld and Jean Marie Rosenfeld, in the amount of $880,000.00. The balance due date is May 25, 2025. SCHEDULE B1 36 SCHEDULE B237 SCHEDULE C 39 SCHEDULE “D” SUBDIVISION AGREEMENT dated the day of , 2024. 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 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 STSTSTSTSTSTSTSTSTSTSTSANSANSANSANSANSANSANSANSANSANSAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SANST STSTSTSTSTSTSTSTST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST STST ST ST ST ST ST ST ST ST ST STSTSTSTSTSTST ST ST ST ST ST SAN SANSANSAN SANSANSANSANSANSANSANSANSANSANSANSANSANSAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SANSANSANSANSTSTSTSTST ST ST ST ST SANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSAN SANSANSANSANFF FFFFFFFFFFFFFFFFFFF FSTSTSTSTSTST ST ST FFFFFPHASE 1PHASE 2PROJECT AREA SANDYTOWN ROADHERITAGE LINE - C O U N T Y R O A D N o . 3 8 PLANK ROAD - HIGHWYA No. 19DONNELLY DRIVE FORMER CP RAIL LANDDUKE ST.OLD CHAPEL ST.PLANK ROADCOUNTY ROAD No. 19RAILLAND FORMERCPSTEWAR T R O A D SANDYTOWN ROADCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235 cjdl@cjdleng.com SANDYTOWN ROAD SUBDIVISION PHASE 1 - RP 11M-??? 1985763 ONTARIO INC. MUNICIPALITY OF BAYHAM HERITAGE LINESTEWART ROADWALL STREETMAVERICK COURTSANDYTOWN ROAD SANSAN SANSAN STST STST LIST OF DRAWINGS DWG DESCRIPTION PHASE 1PHASE 2I:\ACAD Projects\2020\20033\04-Layouts\20033_Cover Page.dwg, 2023-10-26 3:00:06 PM, cjdlpc45PHASE 2 FUTURE CONSTRUCTION PHASE 2 FUTURE CONSTRUCTION PHASE 2 FUTURE CONSTRUCTIONSCHEDULE D40 STSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅∅∅∅Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAMWALL STREET56MAVERICK COURT2SANDYTOWN RD.STE W A R T R D . I:\ACAD Projects\2020\20033\04-Layouts\20033_Grading Plan.dwg, 2023-10-26 3:00:18 PM, cjdlpc45 41 ∅∅∅∅∅∅∅∅∅SANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSAN∅∅SANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSAN∅∅∅SANSANSANSAN∅FFFFFFFFFFFFFFFFFFFFFF∅∅FFFFFCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAMWALL STREETMAVERICK COURT3SANSANSANSANSANSANSANDYTOWN RD.STE W A R T R D . I:\ACAD Projects\2020\20033\04-Layouts\20033_Sanitary Tributary Areas.dwg, 2023-10-26 3:00:33 PM, cjdlpc45 42 SANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSAN∅∅SANSANSANSANSANSANSANSANSANSANSANSANSAN∅∅∅SANSANSAN∅FFFFMUNICIPALITY OF BAYHAMWALL STREETCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMAVERICK COURT4SANSANSANSANFFSANSANSANDYTOWN ROADHERITAGE LINE STEW A R T R D . I:\ACAD Projects\2020\20033\04-Layouts\20033_Sanitary Tributary Areas.dwg, 2023-10-26 3:00:37 PM, cjdlpc45 43 STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅ ∅ ∅ ∅ ∅ ∅ ∅∅∅ ∅ ∅ ∅ ∅ ∅∅∅∅ ∅ ∅STSTSTSTSTST∅ ∅ ∅ ∅ ∅ STST∅∅ ∅∅∅ ∅ Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAMWALL STREETMAVERICK COURT5STSTSTSANDYTOWN RD.STE W A R T R D . I:\ACAD Projects\2020\20033\04-Layouts\20033_Storm Tributary Areas.dwg, 2023-10-26 3:00:45 PM, cjdlpc45 44 SANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅∅∅∅∅∅ ∅ ∅ ∅ ∅FFFFFFFFFFSANSANSANSAN SAN SAN SANSANSANSANSANSANSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSTSTSTSTST ST ST ST ∅∅∅∅∅ ∅ ∅ ∅ ∅ ∅∅FFF ∅ ST ST ST FFFFSANSTSTST ∅∅∅FCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAMMAVERICK COURTWALLSTREET6WSANSANSTSTF656SANDYTOWN RD.FPHASE 2PHASE 1I:\ACAD Projects\2020\20033\04-Layouts\20033_P&P 01.dwg, 2023-10-26 3:00:55 PM, cjdlpc45 45 ∅STSTSTSTSTSTSTSTSTSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅∅∅∅∅ ∅ ∅ ∅ ∅ ∅ ∅∅ ∅ ∅ ∅ ∅STSTSTSTSTSTSTST∅∅ ∅ ∅SANSAN∅∅FFFFFFFFFFFFFFFFFFFFF∅ STST∅ ∅∅∅∅∅FFFFPHASE 1PHASE 2 STSTSANSANSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSANSAN∅∅∅∅∅ ∅ ∅ ∅ ∅ ∅∅∅∅∅∅FFFFFFFFFFFFFF∅∅∅∅STSTSTSTSTSTSTSTSTSTSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSTSTSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSANSANSANSANSANSAN∅∅∅∅∅∅∅∅ ∅ ∅∅ ∅FFFFFFFFFFFFFFFFFFFFFFFFFFCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAMWALL STREET7MAVERICK COURTSTE W A R T R O A DWSANSANSTSTF656FI:\ACAD Projects\2020\20033\04-Layouts\20033_P&P 02.dwg, 2023-10-26 3:01:05 PM, cjdlpc45 46 STSTSTSTSTSTSTSTSTSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅∅∅∅∅∅∅ ∅ ∅ ∅ ∅ ∅ ∅∅ ∅ ∅ ∅ ∅ ∅ ∅STSTSTSTSTSTSTSTST∅ ∅ FFFFFFFFFFFFFFFFFFFFFSTSTSTSTSTST∅∅ ∅ ∅ ∅ ∅ STST∅ ∅∅∅ FFFFSTSTSTSTSTST∅∅∅ STSTSTSTSTST∅∅223224225226227228223224225226227228223224225226227228229230223224225226227228229230STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅219220221222223224225219220221222223224225MUNICIPALITY OF BAYHAMCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.com8MAVERICK COURTRLCB2 STORM EASEMENTRLCB1 STORM EASEMENTWALL STREETWSANSANSTSTF656RLCB3 - POND STORM EASEMENTFPHASE 1PHASE 2I:\ACAD Projects\2020\20033\04-Layouts\20033_Storm Sewer Easements.dwg, 2023-10-26 3:01:18 PM, cjdlpc45 47 STSTSTSTSTSTSTSTSTSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅∅∅∅∅∅∅ ∅ ∅ ∅ ∅ ∅ ∅∅ ∅ ∅ ∅ STSTSTST∅ FFFFFFFFFFFFFFFFFFFFFSTSTSTSTSTST∅∅ ∅ ∅ ∅ ∅ ∅∅ FFFFSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅218219220221222223224225218219220221222223224225Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAM9WALL STREETRLCB7 - CBMH ST8 STORM EASEMENTMAVERICK COURTSTE W A R T R D .WSANSANSTSTF656FPHASE 1PHASE 2I:\ACAD Projects\2020\20033\04-Layouts\20033_Storm Sewer Easements.dwg, 2023-10-26 3:01:27 PM, cjdlpc45 48 W STSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅ST STST∅ ∅ ∅STST ∅ SAN SAN SAN∅FFF F ∅∅STSTST∅∅ SANSTSTSTST ∅∅∅∅∅³Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAM10STEWART ROADWALL STREETWSANSANSTSTF656I:\ACAD Projects\2020\20033\04-Layouts\20033_SWM Pond.dwg, 2023-10-26 3:01:44 PM, cjdlpc45 49 STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅ ∅ STSTSTSTSTSTSTSTST∅ ∅U/HU/HU/HU/HU/HU/HU/HU/HU/HU/HU/HU/HU/HU/HCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAM11STEWART ROAD21WALLSTREETSWM POND656SWMBLOCK 40BLOCK 41I:\ACAD Projects\2020\20033\04-Layouts\20033_Sanitary PS.dwg, 2023-07-21 7:29:21 AM, cjdlpc45 50 BLOCK 41MUNICIPALITY OF BAYHAMCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.com12656I:\ACAD Projects\2020\20033\04-Layouts\20033_Sanitary PS.dwg, 2023-07-21 7:29:27 AM, cjdlpc45 51 MUNICIPALITY OF BAYHAMCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.com13····I:\ACAD Projects\2020\20033\04-Layouts\20033_Sanitary PS.dwg, 2023-07-21 7:29:33 AM, cjdlpc45 52 Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAM14WALL STREETMAVERICK COURTWSANSTSTF6 56I:\ACAD Projects\2020\20033\04-Layouts\20033_Erosion and Sediment Control.dwg, 2023-10-26 3:02:20 PM, cjdlpc45 53 Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAM15³“”“”3.75m54 MUNICIPALITY OF BAYHAMCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.com16³I:\ACAD Projects\2020\20033\04-Layouts\20033_General Notes.dwg, 2023-10-26 3:02:37 PM, cjdlpc45 55 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 90m 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 SECURITY ESTIMATE SCHEDULE 1 SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE 100% PERFORMANCE MAINTENANCE ROADWORK (YEAR ONE, MAVERICK COURT AND WALL STREET STUB) 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) SCHEDULE E1 56 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 SCHEDULE 1 SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE 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 $1,128,000 The foregoing costs exclude: • Development charges; • HST; • Legal costs; • Utility conflicts and relocation; • Driveways; • Private Well Construction; • Grading, topsoil sod around units; • Landscaping, trees; and • Electrical service rebate. TOTAL ESTIMATED CONSTRUCTION COST FOR SANDYTOWN ROAD SUBDIVISION - PHASE 1 Cameron Cluett, P. Eng. CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, TILLSONBURG, ONTARIO. 57 20033 14-Aug-23 Rev 1 - 21-Sept-23 (Security Estimate) Rev 2 - 3-Nov-23 UNIT PRICE TOTAL %$%$ SANITARY SEWAGE PUMPING STATION Pumping Station (wet well, valve chamber, appertenances)1 l/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 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) SCHEDULE E2 58 20033 14-Aug-23 Rev 1 - 21-Sept-23 Rev 2 - 3-Nov-23 1 December 2023 2 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 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 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 Road Construction (Maverick Court and Wall Street Stub) - including Curbs, Granular A&B, Base Lift Asphalt Road Construction (Wall Street Stub to Stewart Road) - including Curbs, Granular A&B, Base Lift Asphalt SCHEDULE E3 59 20033 14-Aug-23 Rev 1 - 21-Sept-23 Rev 2 - 3-Nov-23 SCHEDULE 1 PHASE 1 $1,128,000 SCHEDULE 2 PHASE 2 $1,158,000 TOTAL ESTIMATED CONSTRUCTION COST $2,286,000 SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE MUNICIPALITY OF BAYHAM ESTIMATED CONSTRUCTION COSTS SUMMARY OF SCHEDULES Cameron Cluett, P. Eng. CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, TILLSONBURG, ONTARIO. 60 546 Niagara Street, P.O Box 250 | Wyoming ON, N0N 1T0 | 519-845-3939 | www.plympton-wyoming.com The Honourable Doug Ford Premier of Ontario premier@ontario.ca DELIVERED VIA EMAIL January 15th 2024 Re: Amendment to the Occupational Health and Safety Act to Clarify the Definition of ‘Employer’ Dear Premier Ford, Please be advised that at the Regular Council Meeting on January 10th 2024, the Town of Plympton-Wyoming Council passed the following motion, supporting the resolution from the City of Greater Sudbury re. Amendment to the Occupational Health & Safety Act to Clarify the Definition of ‘Employer’. Motion 14 Moved by Councillor Bob Woolvett Seconded by Councillor Kristen Rodrigues That Council support item ‘L’ of correspondence from the City of Greater Sudbury re. Amendment to the Occupational Health & Safety Act to Clarify the Definition of ‘Employer’. Carried. If you have any questions regarding the above motion, please do not hesitate to contact me by phone or email at ekwarciak@plympton-wyoming.ca. Sincerely, Erin Kwarciak Clerk Town of Plympton-Wyoming cc: Honourable David Piccini, Minister of Labour, Immigration, Training and Skills Development Honourable Paul Calandra, Minister of Municipal Affairs and Housing Bob Bailey, MPP – Sarnia-Lambton Association of Municipal Affairs and Housing Ontario’s Big City Mayors Mayors and Regional Chairs of Ontario Council of Ontario Construction Associations Ontario Chamber of Commerce All Ontario Municipalities City of Greater Sudbury Ville du Grand Sudbury / Jr / PT Greater GrandSodbury December 12, 2023 Municipalities of Ontario *Sent Via Email* PO BOX 5000 SIN A 200 BRADY STREET SUDBURY ON P3A5P3 CP5000SUCCA 200, RUE BRADY SUDBURYON P3A5P3 705.671.2489 www.greatersudbuiy.cawww.grandsudbury.ca Re: Amendment to the Occupational Health and Safety Act to Clarify the Definition of “Employer” The following resolution was passed by Council of the City of Greater Sudbury on December 5, 2023: CC2023-303: WHEREAS in 2015 the City of Greater Sudbury (the "City”) entered into a contract with a contractor experienced in road construction projects to complete a project on Elgin Street in the City’s downtown core; AND WHEREAS the contract provided that the contractor would be the constructor for the project as that term is defined in the Occupational Health and Safety Act (the "Act”); AND WHEREAS an employee of the constructor operating a grader on the project struck and killed a pedestrian; AND WHEREAS the City was charged with offences under the Act as the constructor and the employer; AND WHEREAS after being acquitted at trial and on appeal, the Ontario Court of Appeal, in a decision issued on April 23, 2021, found the City to be liable for contraventions of the Construction Regulations as an employer as it employed quality control inspectors to monitor the quality of work on the project from time-to-time; AND WHEREAS the Supreme Court of Canada, in a decision issued on November 10, 2023, was evenly divided 4-4 on the issue resulting in dismissal of the City’s appeal; AND WHEREAS the consequence of this decision is that municipalities in Ontario, as well as all other owners of property in the province, who wish to undertake construction, are subject to being charged and convicted as an employer for offences in relation to project sites for which they have no control and have, in accordance with the Act, contracted with an entity to assume plenary oversight and authority over the work on such site as the constructor; AND WHEREAS the potential of an owner being charged as an employer as that term is defined in the Act in circumstances where it has engaged a constructor disregards and renders meaningless the owner-constructor provisions contained in the Act and presents an unacceptable level of increased risk and confusion for owners and contractors throughout the province; AND WHEREAS the City believes that the safety of workers is paramount however the safety of workers on construction projects in Ontario is not increased by placing liability on parties that do not have control of and are not responsible for the conduct of the work on such sites; NOW THEREFORE BE IT RESOLVED THAT the Council for the City of Greater Sudbury requests that the province amend the Occupational Health and Safety Act to clarify the definition of “employer"’ to exclude owners that have contracted with a constructor for a project; AND BE IT FURTHER RESOLVED THAT this motion be provided to the Honourable Doug Ford, Premier of Ontario, the Honourable David Piccini, Minister of Labour, Immigration, Training and Skills Development, the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, France Gelinas, MPP for Nickel Belt, Jamie West, MPP for Sudbury, the Association of Municipalities of Ontario, the Federation of Northern Ontario Municipalities, Ontario's Big City Mayors, Mayors and Regional Chairs of Ontario, Northern Ontario Large Urban Mayors, the Council of Ontario Construction Associations, the Ontario Chamber of Commerce and all Ontario municipalities. Yours truly, Brigitte SobushManager of Clerk’s Services/Deputy City Clerk c.Members of City CouncilEric Labelle, City Solicitor and Clerk The Corporation of the Township of Georgian Bluffs 1 | Township of Georgian Bluffs | 177964 Grey Road 18, R.R. #3, Owen Sound ON N4K 5N5 www.georgianbluffs.ca | P: 519-376-2729 January 18, 2024 Re: Letter in Support - Provincial Cemetery Management Support Request – Tay Township To whom I may concern, Please be advised that Council for the Township of Georgian Bluffs considered the above-noted matter and passed resolution RES2024-005 at the January 17, 2024, meeting of Council: Moved By: Deputy Mayor Grant Pringle Seconded By: Councillor Rick Winters That staff be directed to forward a letter in support of the resolution passed by Tay Township. The resolution passed by Tay Township is included below. Thank you, Rayburn Murray Deputy Clerk Township of Georgian Bluffs 519-376-2729 x. 603 | rmurray@georgianbluffs.ca December 21, 2023 Hon. Todd McCarthy Minister of Public and Business Service Delivery 5th Floor 777 Bay St. Toronto, ON M7A 2J3 sent via email Todd.McCarthy@pc.ola.org Dear Hon. Todd McCarthy, Re: Provincial Cemetery Management Support Request – Tay Township Tay Township Council passed the following resolution during the December 20, 2023 Council Meeting regarding the Provincial Cemetery Management Support Request: Whereas under the Funeral, Burial and Cremation Services Act, 2002 (FBCSA), when a cemetery is declared abandoned by a judge of the Superior Court Justice, the local municipality within whose geographic boundaries the land of the cemetery is located, becomes the owner of the cemetery with all the rights and obligations in respect of the cemetery and the assets, trust funds and trust accounts related to it that the previous owner or operator possessed; And Whereas over the last decade, there has been an increase in the number of churches and local cemetery boards initiating processes to transfer ownership or abandon their owned and operated cemeteries to the local municipality due to such issues as high maintenance costs, inaccuracy of records, lack of financial and human resources to effectively operate and maintain the cemetery, increased regulatory processes regarding training, selling of interment rights, financial operation of the care and maintenance fund, etc.; And Whereas municipalities experience the same issues and pressures that churches and local boards experience with the operation and maintenance of cemeteries within its jurisdiction, and additional transfers of cemetery lands only compound the burden on municipal taxpayers; And Whereas cemeteries are important infrastructure where the reasonable costs for interment rights, burials, monument foundations, corner stones and administration charges do not sufficiently support the general operation of cemeteries; And Whereas the interest earned from the care and maintenance fund(s) of a cemetery do not provide adequate funding to maintain the cemetery with the rising costs of lawn and turf maintenance contracts and monument restoration; Now Therefore Be It Resolved that Council of the Township of Tay requests that the Province through the Ministry of Public and Business Service Delivery and the Bereavement Authority of Ontario (BAO) consider the following to assist municipalities in this growing concern of cemetery transfers: - Amending the Funeral, Burial and Cremation Services Act, 2002 (FBCSA), to have the Province, through the BAO, identified as the default owner and operator of a cemetery when it is abandoned; - Provide annual funding (based on the number of cemeteries a municipality owns and operates) to municipalities to assist with the maintenance of inactive and active cemeteries; - Provide free training opportunities for municipalities regarding cemetery administration; and, - Investigate and support the design of universal cemetery software for use by municipal cemetery operators that can be offered at an affordable cost; And that this resolution be circulated to the Hon. Todd McCarthy, Ministry of Public and Business Service Delivery, Jim Cassimatis, BAO Interim CEO/Registrar, MPP Jill Dunlop and all Ontario municipalities. Sent on behalf of Tay Township Council. Yours truly, Katelyn Johns, MPPA Municipal Clerk Cc: Jim Cassimatis, BAO Interim CEO/Registrar, Hon. Jill Dunlop, Minister of Colleges and Universities/MPP, and all Ontario municipalities. The Corporation of the Township of Georgian Bluffs 1 | Township of Georgian Bluffs | 177964 Grey Road 18, R.R. #3, Owen Sound ON N4K 5N5 www.georgianbluffs.ca | P: 519-376-2729 January 18, 2024 Re: Township of Georgian Bluffs Resolution - AMO - Social and Economic Prosperity Review To whom I may concern, Please be advised that Council for the Township of Georgian Bluffs considered the above-noted matter and passed resolution RES2024-004 at the January 17, 2024, meeting of Council: Moved By: Councillor Cathy Moore Coburn Seconded By: Councillor Tobin Day WHEREAS current provincial-municipal fiscal arrangements are undermining Ontario’s economic prosperity and quality of life; and WHEREAS nearly a third of municipal spending in Ontario is for services in areas of provincial responsibility and expenditures are outpacing provincial contributions by nearly $4 billion a year; and WHEREAS municipal revenues, such as property taxes, do not grow with the economy or inflation; and WHEREAS unprecedented population and housing growth will require significant investments in municipal infrastructure; and WHEREAS municipalities are being asked to take on complex health and social challenges – like homelessness, supporting asylum seekers and addressing the mental health and addictions crises; and WHEREAS inflation, rising interest rates, and provincial policy decisions are sharply constraining municipal fiscal capacity; and WHEREAS property taxpayers – including people on fixed incomes and small businesses – can’t afford to subsidize income re-distribution programs for those most in need; and WHEREAS the province can, and should, invest more in the prosperity of communities; and The Corporation of the Township of Georgian Bluffs 2 | Township of Georgian Bluffs | 177964 Grey Road 18, R.R. #3, Owen Sound ON N4K 5N5 www.georgianbluffs.ca | P: 519 376 2729 WHEREAS municipalities and the provincial government have a strong history of collaboration; and THEREFORE, BE IT RESOLVED THAT the Province of Ontario commit to undertaking with the Association of Municipalities of Ontario a comprehensive social and economic prosperity review to promote the stability and sustainability of municipal finances across Ontario. Thank you, Rayburn Murray Deputy Clerk Township of Georgian Bluffs 519-376-2729 x. 603 | rmurray@georgianbluffs.ca THE CORPORATION OF THE CITY OF SARNIA City Clerk’s Department 255 Christina Street N. PO Box 3018 Sarnia ON Canada N7T 7N2 519-332-0330 (phone) 519-332-3995 (fax) 519-332-2664 (TTY) www.sarnia.ca clerks@sarnia.ca January 19, 2024 The Right Honourable Justin Trudeau Prime Minister of Canada 80 Wellington Street Ottawa, ON K1A 0A2 Justin.trudeau@parl.gc.ca Dear Prime Minister: Re: Carbon Tax At its meeting held on January 15, 2024, Sarnia City Council adopted the following resolution: Whereas the federal government recently increased the carbon tax in April 2023 and will almost triple it by 2030; and Whereas the Parliamentary Budget officer has admitted that when fiscal and economic impacts of the federal fuel charge are considered that the vast majority of households will see a staggering loss; and Whereas this tax flows through from producers to transporters to the grocery store floor for our citizens; and Whereas this tax does very little to reduce pollution and emissions; and Whereas two thirds of Canadians are approximately $200 away or less from not being able to pay all their bills at the end of the month; and Therefore, be it resolved that Sarnia City Council write a Letter to the Federal government (and copied to other Municipalities for their consideration) strongly urging them to cancel the carbon tax which is financially hurting our citizens at a time when affordability concerns are at an all-time high to ease the financial and inflationary pressure on our Citizens. Your consideration of this request is respectfully requested. Yours Sincerely, Amy Burkhart City Clerk cc: All Ontario Municipalities January 25, 2024 Ontario Association of Fire Chiefs 520 Westney Road South, Unit 22 Ajax, ON, L1S 6W6 sent via email info@oafc.on.ca Re: Resolution of Support of Bill C-310 Good afternoon, On January 24th, 2024, during the Regular Meeting of Council, the Council of the Township of Tay passed the following resolution: That Council receive and support the resolution from the Municipality of Wawa related to Bill C-310 and that a letter of support be distributed accordingly. Please see enclosed the resolution passed by the Municipality of Wawa to call upon the Government of Canada to support Bill C-310 and enact amendments to subsections 118.06 (2) and 118.07 (2) of the Income Tax Act in order to increase the amount of the tax credits for volunteer firefighting and search and rescue volunteer services from $3,000 to $10,000. Sent on behalf of the Township of Tay Council. Kind regards, Katelyn Johns, MPPA Municipal Clerk Enclosure Cc: Algoma Mutual Aid Association, Association of Municipalities of Ontario, and all 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’NE-//2,c?ICARRIEDULTMAYORANDCOUNCILLDEFEATEDMitch HatfieldTABLEDCathyCannonHRECORDEDVOTE(SEERIGHT)MelaniePilonHPECUNIARYINTERESTDECLAREDJimHoffmannHWITHDRAWNJoseph OpatoYES NOThisdocumentisavailableinalternateformats. P.O Box 180, 19 Parnell Street Calabogie, ON K0J 1H0 Phone: 613-752-2222 Fax: 613-752-2617 Toll Free: 1-800-347-7224 www.greatermadawaska.com January 22, 2024 Cheryl Gallant House of Commons Ottawa, ON K0J 1H0 Sent via email: cheryl.gallant@parl.gc.ca Re: Support of Bill C-310 and Amendments to Subsections 118.06 (2) & 118.07 (2) of the Income Tax Act (Tax Credit for Volunteer Firefighters) Dear Ms. Gallant, Please be advised that at the Regular Council Meeting on January 18th 2024, the Township of Greater Madawaska Council passed the following resolution, supporting the attached resolution from the Municipality of Wawa regarding Support of Bill C-310 and Amendments to Subsections 118.06 (2) & 118.07 (2) of the Income Tax Act (Tax Credit for Volunteer Firefighters). Resolution #9-24 Moved by Councillor Thomson Seconded by Councillor Levesque That Council support Municipality of Wawa's Resolution #RC23265 in support of Bill C-310 and Amendments to Subsections 118.06 (2) and 118.07 (2) of the Income Tax Act (Tax Credit for Volunteer Firefighters); and That Council direct staff to share a copy of this resolution with the Association of Fire Chiefs of Ontario, Association of Municipalities of Ontario, all Ontario Municipalities, and Renfrew-Nipissing-Pembroke MP Carried. If you have any questions regarding the above motion, please do not hesitate to contact me by phone or email. Sincerely, Robin Emon, Clerk 613-752-2229 clerk@greatermadawaska.com cc: Sent via e-mail Association of Fire Chiefs of Ontario – info@oafc.on.ca The Association of Ontario Municipalities (AMO) – resolutions@amo.on.ca All Ontario Municipalities Recorded Vote Requested by: ............................................................. Yea Nay J. Levesque ____ ____ T. Popkie ____ ____ L. Thomson ____ ____ R. Tripp ____ ____ R. Weir ____ ____ ________________________________________ MAYOR Declaration of Pecuniary Interest: ............................................ Disclosed his/her/their interest(s), vacated he/her/their seat(s), abstained from discussion and did not vote Council Resolution Form Date: 18 Jan 2024 No: Resolution No.9-24 Moved By: Councillor Thomson Seconded by Councillor Levesque Disposition: CARRIED. Item No: 10.1 Description: Volunteer Firefighter Tax Credits - Council Resolution Municipality of Wawa RESOLUTION: That Council support Municipality of Wawa's Resolution #RC23265 in support of Bill C-310 and Amendments to Subsections 118.06 (2) and 118.07 (2) of the Income Tax Act (Tax Credit for Volunteer Firefighters); and That Council direct staff to share a copy of this resolution with the Association of Fire Chiefs of Ontario, Association of Municipalities of Ontario, all Ontario Municipalities, and Renfrew-Nipissing-Pembroke MP. 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’NE-//2,c?ICARRIEDULTMAYORANDCOUNCILLDEFEATEDMitch HatfieldTABLEDCathyCannonHRECORDEDVOTE(SEERIGHT)MelaniePilonHPECUNIARYINTERESTDECLAREDJimHoffmannHWITHDRAWNJoseph OpatoYES NOThisdocumentisavailableinalternateformats. From the Office of the Clerk The Corporation of the County of Prince Edward T: 613.476.2148 x 1021 | F: 613.476.5727 clerks@pecounty.on.ca | www.thecounty.ca January 22, 2024 Please be advised that during the regular Council meeting of January 16, 2024 the following motion regarding support for the Province to expand the life span of fire apparatus, specifically pertaining to the replacement of fire trucks due to insurance requirements was carried: RESOLUTION NO. 2024-46 DATE: January 16, 2024 MOVED BY: Councillor Nieman SECONDED BY: Councillor Branderhorst WHEREAS By-Law 3256-2013, being a By-Law to Establish, Maintain, and Operate a Fire Department established service level standards for the Corporation of the County of Prince Edward Fire Department; AND WHEREAS apparatus and equipment are directly tied to the delivery of fire protection services authorized by Council in By-Law 3256-2013, and a safe, reliable and diverse fleet is required to serve operational needs; AND WHEREAS fire Apparatus is governed by industry best practices, the application of law and recognized industry partners, including the Ontario Fire Service Section 21 Guidance Notes, National Fire Protection Association Standards, The Occupational Health and Safety Act, and Fire Underwriters Survey (FUS); AND WHEREAS Fire Underwriters Survey (FUS) is a provider of data, underwriting, risk management and legal/regulatory services focusing on community fire- protection and fire prevention systems in Canada, establishing apparatus replacement schedules based on safety and risk mitigation practices; AND WHEREAS on November 16, 2023, Council, received report FD-06-2023 regarding asset Management - Fire Apparatus Fleet Report and noted the budgetary pressures of meeting FUS replacement schedules; AND WHEREAS no provincial funding is available for new fire trucks, yet, small and rural municipalities must meet the same standards set by FUS as larger municipalities for fire equipment, including additional pressure to move fire trucks out when they reach a specific age, even though they can still meet the safety regulations; From the Office of the Clerk The Corporation of the County of Prince Edward T: 613.476.2148 x 1021 | F: 613.476.5727 clerks@pecounty.on.ca | www.thecounty.ca THEREFORE BE IT RESOLVED THAT the Council of the Corporation of Prince Edward County direct the Mayor to draft a letter to MPP Minister Todd Smith requesting a meeting to discuss the life span of fire apparatus, specifically pertaining to the replacement of fire trucks due to insurance requirements; and THAT the Mayor draft a letter to FUS requesting the creation of a new community fire-protection and fire prevention insurance system that does not put all municipalities under the same umbrella, with distinct categories for rural and urban municipalities; THAT this resolution be sent to Premier Doug Ford, the Honourable David Piccini, Minister of Labour, Immigration, Training and Skills Development, Paul Calandra, Minister of Municipal Affairs and Housing requesting a response on this matter within 30 days of receipt; and THAT this resolution be shared with all 444 municipalities in Ontario, The Federation of Canadian Municipalities (FCM), The Association of Municipalities Ontario (AMO), and The Eastern Ontario Wardens’ Caucus (EOWC). CARRIED Yours truly, Catalina Blumenberg, CLERK cc: Mayor Steve Ferguson, Councillor Nieman, Councillor Branderhorst, Marcia Wallace, CAO and Fire Chief Chad Brown January 26, 2024 Re: Social and Economic Prosperity Review Please be advised that the Council of the Corporation of the Town of Orangeville, at its Regular Council Meeting held on January 22, 2024, approved the following resolution: WHEREAS current provincial-municipal fiscal arrangements are undermining Ontario’s economic prosperity and quality of life; and WHEREAS nearly a third of municipal spending in Ontario is for services in areas of provincial responsibility and expenditures are outpacing provincial contributions by nearly $4 billion a year; and WHEREAS municipal revenues, such as property taxes, do not grow with the economy or inflation; and WHEREAS unprecedented population and housing growth will require significant investments in municipal infrastructure; and WHEREAS municipalities are being asked to take on complex health and social challenges – like homelessness, supporting asylum seekers and addressing the mental health and addictions crises; and WHEREAS inflation, rising interest rates, and provincial policy decisions are sharply constraining municipal fiscal capacity; and WHEREAS property taxpayers – including people on fixed incomes and small businesses – can’t afford to subsidize income re-distribution programs for those most in need; and WHEREAS the province can, and should, invest more in the prosperity of communities; and WHEREAS municipalities and the provincial government have a strong history of collaboration; now THEREFORE, BE IT RESOLVED THAT the Town of Orangeville requests the Province of Ontario commit to undertaking with the Association of Municipalities of Ontario a comprehensive social and economic prosperity review to promote the stability and sustainability of municipal finances across Ontario; and FURTHER THAT a copy of this motion is sent to the Premier of Ontario, Doug Ford; the MPP, Sylvia Jones; and all municipalities in Ontario. Carried. Yours truly, Raylene Martell Town Clerk 546 Niagara Street, P.O Box 250 | Wyoming ON, N0N 1T0 | 519-845-3939 | www.plympton-wyoming.com The Honourable Doug Ford Premier of Ontario premier@ontario.ca DELIVERED VIA EMAIL January 15, 2024 Re: Prohibition of Criminals from Municipal Council Dear Premier Ford, Please be advised that at the Regular Council Meeting on January 10th 2024 the Town of Plympton-Wyoming Council supported the resolution from the Township of Conmee regarding the Prohibition of Criminals from Municipal Council. Motion 15 Moved by Councillor Mike Vasey Seconded by Councillor Kristen Rodrigues That Council support item ‘j’ of correspondence from the Township of Conmee regarding Requiring Pardons for Municipal Councillors with Criminal Records (Prohibition of Criminals from Municipal Council.) Carried. If you have any questions regarding the above motion, please do not hesitate to contact me by phone or email at ekwarciak@plympton-wyoming.ca. Sincerely, Erin Kwarciak Clerk Town of Plympton-Wyoming cc: Attorney General - Doug Downey Solicitor General - Michael Kerzner Minister of Municipal Affairs – Paul Calandra MPP – Kevin Holland MPP / Leader of the Official Opposition – Marit Stiles MPP and Critic of the Attorney General – Kristyn Wong-Tam MPP and Critic of Solicitor General – John Vanthof MPP and Critic of Municipal Affairs - Jeff Burch Association of Municipalities of Ontario Rural Ontario Municipal Association Northern Ontario Municipal Association All Ontario Municipalities On December 19th 2023, Council passed the following resolution at its regular meeting: RESOLUTION 2023-0247 Moved by Councillor Arnold Seconded by Councillor Halvorsen WHEREAS duly elected Officials of a Municipality, or a Township are expected to be above reproach and to conduct themselves with integrity, truth, justice, honesty, transparency and courtesy. AND WHEREAS there are people of dubious character who have a Criminal Record, having been convicted of a Federal Offence of any of the Federal Statutes of Canada, but not limited to the Criminal Code or Narcotic Control Act, who are currently on Council of a Municipality or have let their name stand for election for Mayor, Reeve or Councillor as a municipal candidate. NOT WITHSTANDING the provisions of the Ontario Human Rights Code THEREFORE BE IT RESOLVED that the Township of Conmee lobby the Provincial Government to amend The Municipal Act and Municipal Elections Act, as may be, so that people with a criminal record who have not had their record pardoned from the RCMP Data Base by order of the Governor General of Canada, be prohibited from becoming a candidate in municipal elections or holding office in municipal council AND THAT an elected local government official be disqualified from office upon conviction of a criminal offense and must resign AND THAT Council of the Township of Conmee direct the Clerk to send a copy of this resolution to the Ontario Premier Doug Ford, Attorney General Doug Downey, Solicitor General Michael Kerzner, Minister of Municipal Affairs Paul Calandra, MPP Kevin Holland, MPP and Leader of the Official Opposition Marit Stiles, MPP and Critic of the Attorney General Kristyn Wong-Tam, MPP and Critic of Solicitor General John Vanthof, MPP and Critic of Municipal Affairs Jeff Burch, Association of Municipalities of Ontario, Rural Ontario Municipal Association, Northern Ontario Municipal Association, Thunder Bay District Municipal League, and all Ontario municipalities CARRIED REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: February 1, 2024 REPORT: CAO-02/24 SUBJECT: SIX-MONTH REPORT – SHARED SERVICES – BUILDING AND BY-LAW ENFORCEMENT SERVICES BACKGROUND At its January 19, 2023 meeting, Council was presented with By-law No. 2023-003, being a by- law to authorize the execution of a memorandum of understanding (MOU) between the Corporation of the Municipality of Bayham and the Corporation of the Township of Malahide for Shared Services in By-law Enforcement, Planning, and Building, and passed the following motion: Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT By-law Nos. 2023-003, 2023-004 and 2023-007 be read a first, second and third time and finally passed. Over the first half of 2023, both municipalities worked in concert to attract and retain the staff and technological resources necessary to provide shared services across building and by-law enforcement. Unfortunately, the municipalities were unable to attract a Director of Development Services to oversee the shared planning aspects of the MOU. Malahide asked to put the planning component on pause, providing correspondence, dated August 8, 2023, to Bayham for consideration. The correspondence was covered by Report CAO-45/23 re Shared Services – Malahide Request to Withdraw from Planning Services Provisions, and Council passed the following motion at the August 17, 2023 meeting: Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-45/23 re Shared Services – Malahide Request to Withdraw from Planning Services Provisions be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham agrees to permit the withdrawal of the Township of Malahide from the Planning Services provisions in the Shared Services Memorandum of Understanding (MOU), adopted by By-law No. 2023-003; AND THAT the Building and By-law Services components of the MOU shall be deemed to remain in force and effect; AND THAT correspondence be provided to the Township of Malahide under the Chief Administrative Officer’s signature. Outside of planning and since July 1, 2023, Malahide and Bayham have been in an active shared service arrangement for building and by-law enforcement services, where Malahide provides building services and Bayham provides by-law enforcement services. In 2023, Council received other Reports as follows from staff to support the implementation of the shared service model for building and by-law services:  CAO-36/23 re Contract Extension / Amendment – Tenet Security Group – Third-Party By-law Enforcement Services (June 15, 2023)  CAO-37/23 re Shared Services Update (June 15, 2023)  CAO-42/23 re Agreement – RSM Building Consultants Inc. – Building Support Services (July 20, 2023)  CAO-44/23 re Update of Bayham Building and Planning Fees (August 17, 2023)  CAO-48/23 re Building Inspector/Deputy Chief Building Official Recruitment – Shared Services Building Services (September 7, 2023)  BL-07/23 re Third-Party By-law Enforcement – Tenet Security (October 19, 2023) On January 9, 2024, Council held a Special Budget Meeting to consider Report TR-01/24 re 2024-2025 Operating Budget – Draft. Council defeated a motion 2-3 to pass the draft budget as presented, and instead referred the budget back to staff via the following motion in an attempt to save costs and reduce the notional tax levy increase for residents: Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report TR-01/24 re 2024-2025 Operating Budget - Draft be received for information; AND THAT staff be directed to prepare a supplementary report identifying areas of potential cost savings in discretionary functional areas for the 2024-2025 Draft Operating Budget; AND THAT the supplementary report be presented to Council with the 2024-2025 Draft Operating Budget at a second Special Budget Meeting to consider the 2024-2025 Draft Operating Budget in March 2024. At its January 18, 2024 meeting, Council received Report BL-01/24 re 2023 By-law Enforcement Annual Report. This Report provided Council with a summary of the by-law enforcement department’s service level in 2023. The Report divided service provision and associated metrics between the two halves of 2023 to provide a visualization for how the by-law enforcement level of service has increased since shared service implementation. Council also received Report DS-01/24 re 4th Quarter Report from the Chief Building Official (CBO), which outlined Q4 2023 and 2023 overall building department activity for Bayham. At this time, Building services are provided by two (2) building staff: 1 CBO and 1 Building Inspector/Deputy CBO, and Cloudpermit as an e-Permitting solution to allow for cross-jurisdictional collaboration and consistent permit submission and issuance. By-law enforcement services are provided by one (1) By-law Enforcement Officer. Tenet Security Group provided contract support over the balance of the summer, however, as per Report BL-07/23, their hours were able to be phased out and their contract has since expired. This intent of this Report is to provide Council with a snapshot view of the first six (6) months under the shared service arrangement, considering service level and costs to Bayham. DISCUSSION Building Services Since September 2021, Bayham’s building services solution has been generally sought through a third-party code agency while Bayham and Malahide investigated the possibility of a shared service model through a retained consultant. It was understood during this time that a code agency was a temporary solution until specific direction regarding a shared model was provided. The unknowns around service delivery model and personnel between September 2021 and July 2023 can make change more difficult once a more permanent service delivery approach is made clearer. Detailed internal breakdowns of assigned hours and per-hour costing were provided by Malahide in support of this Report to Council. Between July and December 2023, 597.75 hours were allocated to Bayham from Malahide (staff and RSM) in support of service provision to Bayham. This equates to an estimated building service demand of approximately 1200 hours per year. Of the 597.75 hours, 527.50 were between the CBO and DCBO, and 70.25 hours were assigned to RSM strictly for inspection purposes in Bayham. It is worth noting that no RSM hours have been assigned to Bayham since the onboarding of the DCBO in September – the cost burden has been fully staff load. This is important because the RSM consultant hourly rate for inspections is $150.00, whereas the effective hourly rate billed to Bayham for staff support is $74.55 – a savings of over 50 percent. During discussions and ultimate support of shared building services, there were concerns identified by some Members of Council regarding costs associated with a shared building service. Specifically, there was concern that Bayham would be overbilled and/or underserved and overall cost savings – per-hour and per-annum – would not materialize. If Council were to ultimately desire a different model for building services, where either: 1) Bayham hires and retains one (1) full-time equivalent (FTE) role – CBO; or, 2) Bayham contracts a code agency for as-needed building support. The overall cost to Bayham would be greater than those currently incurred through the shared services MOU. Scenario Hours Cost/Hour Cost Increase over Current Current – Shared Service 1200 (est.) $74.55* $89,460 Part-time contract – Code Agency 1200 (est.) $130^ $156,000 $66,540 Internal CBO 2080 $81.06* $168,604.80 $79,144.80 *Costs are inclusive of 2023 salary band/step and consideration of statutory and non-statutory benefits ^Based on 2023 hourly rate previously incurred by Bayham, plus mileage (per km) and travel time Both the Current (shared service) and Code Agency model are as-needed models, where hours are purchased on-demand or through an established agreement with the provider. The Municipality would be purchasing an estimated 1200 hours/year in both scenarios (approximately 24 hours/week). The Internal CBO is fully internal, where the Municipality compensates 40 hours/week regardless of overall workload and including full vacation, sick, and lieu-time allotments. Given Bayham’s current situation – only requiring an estimated 1200 hours/year in building support – the move to a full-time position would be inefficient from both financial and human resource perspectives. Bayham saves an effective 47 percent through shared service over a FTE CBO position due to realizing cost and time efficiencies and avoiding being responsible for vacation, sick, and lieu-time allotments. The shift back to a Code Agency model is also inefficient, but solely from a financial perspective as the demand is handled as-needed to reduce human resource inefficiency; however, the hourly rate for the works increases markedly. Code Agencies bill components of WSIB and administrative overhead, which are built into the overall hourly rates. They also bill mileage per kilometre if on-site attendance is a requirement. Bayham realizes a 43 percent savings through the cost efficiencies associated with purchasing service hours as-needed from another municipality’s internal staff members. Given the above, the opposite would be true in that if Bayham were to shift away from a shared building service arrangement, the Municipality’s Building budget would be impacted by way of increased expenditures, either for Salaries & Wages and associated Statutory and Non- Statutory Benefits, or through contractor costs captured as Sundry expenses. Council resolved at the January 9, 2024 Special Budget Meeting that the proposed 11.34 percent notional tax levy increase was not palatable and to find additional cost savings. It follows that a shift away from the current building services arrangement would also be unpalatable due to associated cost increases to provide the service, and the associated notional tax levy impacts to residents. A one (1)-point increase on the levy in the draft 2024-2025 Operating Budget is approximately $63,000. Shifting away from shared building services brings with it an associated 1.1 to 1.3 percent tax levy increase. There are two additional benefits to having a shared building service model: 1) The ability to ‘smooth out’ the peaks and valleys in service demand; and, 2) the ability to avoid contracting out at a higher rate to cover absences. First, demand in the building department is not a constant; there are periods of high demand and periods of low demand. A shared service, where hours are purchased as-needed, allows Bayham to ‘smooth’ these variations and only pay for the time needed to provide the service. This would not be the case with an internal CBO – any decrease in demand still means the Municipality must compensate for the standard salary, benefits, and absences, creating a possible inefficiency in the role if lessened demand is a prolonged situation. Second, with two accessible building staff, it is expected in that in the case of vacation, sick time, or other absences, each staff would provide built-in back-up to one another, which reduces and may completely eliminate the need for a third-party to backfill demand. In the case of an internal CBO, if the CBO is on vacation or absent for a prolonged period, a back-up code agency may be required to continue providing inspection services at minimum, which would require compensation at a much higher rate than in a multiple-staff shared department. As a part of the change in service provision, staff implemented Cloudpermit as an ePermitting platform, which allows building permit applicants to submit their applications digitally and remotely. As of the end of 2023, Cloudpermit has been active for two months (November and December). Over this time, twenty (20) permit application were received, of which 90 percent were through Cloudpermit, which identifies that the ePermitting platform and costs outlayed to support shared service across municipal borders is worthwhile to provide remote submission and review services. Concerns Raised Over the first six months of the shared services arrangement, staff have been made aware of approximately ten complaints from applicants and/or Council members regarding the level of service. The complaints appear to arise for two general reasons: 1) perceived delay in permit issuance; or, 2) perceived lack of communication between building staff and the applicant. The Ontario Building Code (OBC) identifies statutory timelines for building permit review, which vary depending on the type and complexity of an application. The OBC requires that those acting in the capacity of a CBO ensure that these timelines are adhered to. Based on the complaints received and associated follow-up with building services staff, all statutory timelines are being adhered to. With respect to complaints regarding perceived delayed permit issuance, there appears to be a misunderstanding with respect to timelines and obligations in the OBC. Staff are required to review a permit application within the timelines. This is occurring. Where complaints arise is when an application is deficient and requires additional information or clarification. In these situations, a deficiency list is provided to the applicant to satisfy before a second review can occur. The perceived delays appear to be occurring after such time as the deficiencies are provided to the applicant for review and resubmission. Since the implementation of the Municipality’s updated website, staff have updated the Building Services page with increased detail on such topics as:  General Information and FAQs  Building Permit Requirements  Cloudpermit Information  Permit Fees and Development Charges The Building Permit Requirements accordion provides details on the potential requirements for six common types of building applications. Staff will continue to investigate general methods for providing more comprehensive information to potential applicants to assist in mitigating these concerns. With respect to communication, Bayham and Malahide hold regular monthly check-ins for building and/or by-law enforcement services per the MOU. In discussion with Malahide building staff and senior administration, the general expectation for turn-around of an inquiry is 24 hours (or 1 business day, which is generally 8 business hours). In some instances where a lack of communication or response is the primary focus of the complaint, staff have either responded within the identified threshold, or the 24-hour threshold has yet to be reached, yet a complaint is still filed. The expectation for the service is a 24-hour turn-around for inquiries is standard, and as long as this threshold is being met regularly, staff have no concerns about the level of service provided. By-law Enforcement Services Under the MOU, Bayham provides by-law enforcement services to Malahide. At the onset of the service, the Municipality retained a newly-hired By-law Enforcement Officer (BLEO) within Bayham’s organizational structure, and also continued with a third-party contract for support by-law enforcement services, to be overseen by the BLEO. Since that time, the third-party contract has expired and service has been provided in full by Bayham’s BLEO. Over the first six months of the shared service, the division of service hour percentage has been 66/34 Bayham/Malahide. This aligns well with the complaint volume percentages between the two municipalities – 63/37 Bayham/Malahide (101 versus 60 actual complaints handled by the BLEO) – demonstrating a consistent allocation of time relative to the number of complaints received. Per Report BL-01/24, the level of by-law enforcement service provided to Bayham has increased. The complaint file closure rate in Bayham has improved to 86 percent, versus 50 (2022) and 83 (2021) in previous years. The response speed and days to close a file have also improved substantially. BL-01/24 also identified specific value-add services available to Bayham through the BLEO, which can provide for additional internal support to legislative functions and legal matters where necessary. The increase in the level of service is expected in this situation, given the increase in available service hours to Bayham. Under the Fire Chief, approximately 500-550 hours/year were allocated to by-law enforcement. This is roughly 30 percent of the Fire Chief’s overall annual time resource. Under the MOU and with a full-time BLEO, Bayham projects approximately 1250 hours. This is an increase of approximately 700 service hours over the previous service delivery model, which allows for greater attention to delicate by-law files and utilization of value-add skills the BLEO possesses, such as leveraging their Paralegal skillset to review basic legal matters internally and offset costs that would normally be assigned and incurred to Elgin County Legal Services, which act as Municipal solicitors on various files. Where possible, the BLEO is also able to provide this type of support as needed to Malahide, should such support be requested. Since Q3 2023, the BLEO has determined that third-party by-law enforcement support is unnecessary at this time. Controllable internal hours more cost-effective by approximately 15 percent, and the BLEO has the ability to flex time and provide staggered weeks or off-hours support with no additional hourly premium as may be sought through a contracted service. The overall service provision does cost more because of additional service hours, which has been identified during 2024/25 Operating Budget discussions. However, the primary objective of the MOU for by-law enforcement was to enhance service in accordance with comments received during previous budget consultations. To-date, it is evident that the level of by-law enforcement service has indeed improved. To ensure a holistic review of the service from Bayham, staff reached out to representatives of the Township of Malahide – staff and Council – to ascertain their opinions of how by-law enforcement services have fared to-date. Malahide’s CAO, CBO, Mayor, and Deputy Mayor provided input on their perceptions of by-law enforcement services provided by Bayham. All comments received were positive, citing performance and results “over and above expectations”, positive reception by staff and Council, and the broad practical knowledge evidenced from Bayham’s BLEO. Malahide is looking forward to continuing this service relationship. Summation The cost increases in by-law enforcement for improved service are more than offset by the cost savings evident by purchasing as-needed building services from Malahide. The net savings at this time is conservatively estimated at approximately $40,000/year, which translates into a notional tax levy savings of 0.63 percent relative to previous delivery models and consideration of theoretical shifts away from a shared building model, and aligns with Council’s general desire to seek cost savings and efficiencies where viable. Being able to participate in a mutual MOU with quantifiable benefits to both municipalities is the over-arching intent of the MOU – to provide services to residents in creative manners that reduces expenses and/or increases service levels. Based on the information received to-date, the MOU has been successful via cost savings and increased service levels, where applicable. The ability to enter into these mutual MOUs also has the added benefit of strengthening inter- municipal relations, which may allow the scaling of the MOU into other services or to include other municipalities in the future, further strengthening the dynamic. Through this MOU, both municipalities will continue to address processes and concerns as they arise to streamline service provision. Finally, it is worth reiterating to Council that this shared service arrangement is not the only such arrangement in place with another municipality. Bayham has historically engaged Malahide for GIS services, and currently utilizes Elgin County for such functions as IT, Human Resources, and Legal support, while jointly collaborative where needed on Emergency Management. In the near future, it is expected that Council will address whether they wish to investigate with Elgin County the viability of a centralized, shared planning service, which Council received information on in December 2023 from the County’s Interim CAO. A similar centralized approach was attempted with Malahide with no success, but if created within a larger organization and with greater lower-tier interest, it may prove fruitful. In accordance with the 2023-2026 Community Strategic Plan, staff will continue to investigate partnerships and other collaborations to seek more efficient cost allocation and service delivery to support Council and residents. As this Report provides a detailed six-month overview of the shared service MOU and does not contemplate specific direction on the file, staff’s recommendation is to receive the report for information. STRATEGIC PLAN 3.3: Quality of Governance > To strategically engage in partnerships, joint ventures and other collaborative activities that leverage the Municipality’s resources and capabilities in order to achieve enhanced efficiencies and benefits for the community and its residents. Initiative(s): Initiate and review shared service arrangements RECOMMENDATION 1. THAT Report CAO-02/24 re Six-Month Report – Shared Services – Building and By-law Enforcement Services be received for information. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: February 1, 2024 REPORT: CAO-03/24 SUBJECT: PORT BURWELL LIGHTHOUSE STATUS AND COSTING UPDATE BACKGROUND Port Burwell By-law No. 85-29 was passed by the Council-of-the-day with the intent to formally designate the Port Burwell Lighthouse under Part IV of the Heritage Act, 1974, SO 1974, c1221. Given this, the Municipality has engaged in ongoing discussion with a+LINK Architecture Inc. (a+LINK) as heritage consultants regarding assessments and rehabilitation of the Port Burwell Lighthouse. On January 5, 2023, Council received Report CAO-02/23 re Port Burwell Lighthouse Heritage and Structural Assessment. The Report addressed the findings from the initial assessment of the cladding on the Lighthouse, received in October 2022 by way of Report CAO-63/22 re Port Burwell Lighthouse Heritage Classing Assessment Report. Council passed the following motion: Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report CAO-02/23 re Port Burwell Lighthouse Heritage and Structural Assessment be received for information; AND THAT Council accept the Proposal for Heritage Architectural Services for the Port Burwell Lighthouse Recladding Project - Cladding Review, Structural Report, and Preparation of Existing Condition Drawings in the amount of $19,935.00. On February 2, 2023, Council received Report CAO-11/23 re Stabilization Measures – Port Burwell Lighthouse. The Report confirmed suspicions expressed in the initial assessment of the cladding on the Lighthouse, received in October 2022, regarding structural concerns. 1 The Heritage Act, 1974, SO 1974, c122 has since been replaced by the Heritage Act, RSO 1990, cO 18. The Report identified estimated costs were $84,000 + a 20-30 percent construction contingency as described in the Report, which provides for a range of costs between $84,000 and $109,200. Council passed the following motion: Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-11/23 re Stabilization Measures – Port Burwell Lighthouse be received for information; AND THAT stabilization measures for the Port Burwell Lighthouse proceed as outlined in Report CAO-11/23; AND THAT the identified stabilization measures be funded through the Facilities Reserve. On March 23, 2023 at a Special Meeting of Council, Council received Reports CAO-18/23 re Procurement Award – Port Burwell Lighthouse Temporary Stabilization Measures, and CAO- 19/23 re License Agreement – Bradcranex Inc. – 21 Robinson Street, Port Burwell, and passed the following motions: Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report CAO-18/23 re Procurement Award – Port Burwell Lighthouse Temporary Stabilization Measures be received for information; AND THAT Council award the temporary stabilization measures to HRI Group Inc. in a base amount of $94,000 and a total amount of $99,000; AND THAT the appropriate By-law be brought forward for Council’s consideration. Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report CAO-19/23 re License Agreement – Bradcranex Inc. – 21 Robinson Street, Port Burwell be received for information; AND THAT Council authorize the execution of a License Agreement between the Municipality and Bradcranex Inc. to permit access and use of 21 Robinson Street, Port Burwell, in support of stabilization and restoration efforts regarding the Port Burwell Lighthouse; AND THAT the appropriate by-law be brought forward for Council’s consideration. The By-laws to authorize the above directions are By-law Nos. 2023-023 and 2023-026, respectively. At its August 17, 2023 meeting, Council received Report CAO-47/23 re Cost Estimate – Restoration of the Port Burwell Lighthouse. The Report was appended with a cost estimate of $1.5 million for rehabilitation as prepared by a+LINK. Council passed the following motion: Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report CAO-47/23 re Cost Estimate – Restoration of the Port Burwell Lighthouse be received for information; AND THAT discussion regarding the restoration of the Port Burwell Lighthouse be referred to the 2024-2033 Capital Budget Special meeting, scheduled for October 3, 2023 The Lighthouse item was subsequently included in the 2024-2033 Draft Capital Budget as Capital Item FA-08 (2025). Council approved in-principle that 2024-2033 Capital Budget on October 3, 2023. Lastly, at its November 2, 2023 meeting, Council received Report TR-16/23 re Consideration of the Establishment of a Lighthouse Reserve. Council passed the following motion: Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Staff Report TR-16/23 re Consideration of the Establishment of a Lighthouse Reserve be received for information; AND THAT the Dredging Reserve be repurposed as the Lighthouse Reserve; AND THAT the Lighthouse Reserve be used for the rehabilitation and/or future general maintenance requirements of the Port Burwell Lighthouse. DISCUSSION Staff met with a+LINK heritage consultants in January 2024 to discuss potential options for cost mitigation in light of the $1.5 million cost estimate provided in August 2023, and competing Council priorities and cost pressures. The cost estimate was received by Council on August 17, 2023 by way of Report CAO-47/23, and is attached hereto strictly for reference purposes. In regards to possible ways to reduce costs associated with a rehabilitation, there are a few but in the overall context, the savings may be minimal. Cladding/Exterior Envelope The Exterior Envelope as noted in the attached cost breakdown includes new cladding and the addition of weatherproofing. Options for cladding were discussed with a+LINK. The proposal as received by Council was a recladding with like materials (clapboard or similar). Council is aware that, in 2022, an RFP to reclad the Lighthouse was issued and withdrawn, which would have permitted consideration of other options for cladding, including Hardie board. In discussion with a+LINK, it was advised that while an alternative like Hardie board may be possible should Council choose to do so, Hardie board and similar products are heavier than clapboard, which would require increased bracing and structural considerations. There is unlikely to be any appreciable cost savings by using an alternative cladding, and it may in fact increase the overall cost. Estimated costs at this time are $165,000 + contingency and HST. Windows/doors, Flashing, Ventilation Refurbishment of the windows, doors, metal flashing, and ventilation are secondary in priority, and could be removed from the scope of work as primary attention is directed to the structure and the exterior envelope. The combined estimate for these items is $185,000, which could potentially be removed from the scope plus the applicable HST, along with the associated 10 percent contingency for these items. Total savings is potentially $203,500. Structure – Foundation and Wooden Superstructure The majority of the costs are associated with structural rehabilitation. This totals $725,000 of the $1.5 million in the estimate, or approximately 48 percent of the works. The proposal provided by a+LINK identifies a few potential approaches to the above-ground structural rehabilitation, but the majority of the work requires addressing the below-ground foundation rehabilitation to properly support the Lighthouse. In this regard, estimates are more difficult to refine, and cost savings are more difficult to find, without detailed engineering and construction drawings. The current estimate is a Class D estimate, which includes a wider contingency. Overall, a cost reduction of approximately 13.5 percent may be realized if the secondary items are removed from the project scope. Revised estimates, however, would still be approximately $1.3 million and the likelihood of the Municipality funding the rehabilitation without donations and/or substantial grant-level support and/or short-term debt allocation is low. ‘Shovel-Ready’ for Grants a+LINK is aware that limited funds have been allocated to-date to the Lighthouse rehabilitation. It was mentioned in discussion that pre-design, design, construction document work is recommended to make the rehabilitation more attractive to potential granting agencies. Many agencies look to support ‘shovel-ready’ projects, and the Lighthouse’s rehabilitation may be more palatable to a granting agency as a ‘shovel-ready’ project. The cost estimate identifies an estimated $91,880 in total works for pre-design, design, and preparation of construction documents. Preparation would also provide a more accurate estimate of potential costs as the type of estimate would be Class B instead of Class D. However, current reserve allocations will not fully cover these costs. The overage would have to come out of another reserve, or would be applied to the Municipality’s 2024 financial position in another manner. These works are not currently budgeted for in the Municipality’s Capital or Operating Budgets. Both budgets are very lean for 2024, and incurring spending over current reserve levels may lead to a deficit for the 2024 fiscal year unless savings can be sought elsewhere. Heritage Status Under the Heritage Act, 1974, as amended, designation of a property under Part IV may be executed by Council in accordance with Section 29 of same. Designation requires the passing of a by-law to designate lands or structures upon lands as having heritage or cultural significance. The by-law should also outline the heritage-defining characteristics as reasons for the designation, and shall be registered upon the title of the lands to which they apply. The specific language is as follows: “(14) After considering the report under subsection 12, the council without a further hearing shall, (a) Pass a bylaw designating the property and cause a copy of the by-law together with the reasons for the designation, (i) To be registered against the property affected in the proper land registry office, (ii) To be served on the owner and the Foundation, And publish a notice of such by-law in a newspaper having general circulation in the municipality;”2 The Municipality has been proceeding under the assumption that, after the Port Burwell Council- of-the-day adopted By-law No. 85-29, it was duly registered upon the title of the lands to which the By-law applies. However, upon title search, this does not appear to have been the case. This calls into question the status of the Lighthouse as a Part IV-designated heritage building. Alterations Regardless of status, however, under Section 33 of the Heritage Act, RSO 1990, cO 18, as amended, the owner of the lands and/or structures to which a Part IV designation applies may apply to municipal Council for permission to alter heritage-defining characteristics. Such consideration of a request of this nature is subject to Notice provisions and a comment period. If Council should decide at some juncture to rehabilitate the Lighthouse using materials and/or construction methods that may affect the heritage-defining characteristics of same, Council may ultimately make application to itself (for example, by way of a directed Report to Council outlining potential alterations), to which Council may agree and which would trigger the legislated notice and comment periods prior to a formal Council decision on the matter. Some information regarding alterations was originally included in Report CAO-36/22, which Council received on July 21, 2022, and alluded to the best practice of alterations “in keeping” with heritage characteristics while using different materials and/or construction methods. This noted, should Council wish alterations as described above, it may approve same in general as alterations do not have to be “in keeping”. Agreement Status and Liability By-law No. 2023-023 authorizes a License Agreement between the Municipality and the owners of the lands adjacent to the Lighthouse. This Agreement was drafted and accepted by both parties with a two (2)-year term, lapsing on April 14, 2025. Given that Capital Item FA-08 is a 2025 item and recognizing the ultimate scope of the rehabilitation if/when commenced, it would be prudent to extend the Agreement’s term to permit additional time to complete the works and also have the stabilization apparatus remain present on the site. Staff reached out to the other party to ascertain their interest, and were advised that they may be amenable to an extension until December 31, 2025. If both parties are amenable to an extension in support of the 2 Excerpt is Subsection 29(14) of the Heritage Act, 1974, SO 1974, c122. Retrieved from Osgoode Digital Commons, York University Lighthouse, an amending Agreement will be brought forward for Council’s consideration at a later date. It is worth noting that should additional time be required to complete the rehabilitation works or Council is desirous of deferring the rehabilitation to another year in the 10-Year Capital Plan, a further extension to the Agreement would have to be sought. If a longer extension or other arrangement is not finalized by the end of the above-noted License Agreement, the Municipality may be in a position to have to remove the Lighthouse due to owner’s liability. Council is aware of known structural deficiencies present in the Lighthouse, and it is reasonable to assume that deterioration is likely to continue until a rehabilitation occurs. Council is also aware that the Lighthouse Reserve’s net balance is approximately $55,000-60,000 at this time3, and a comprehensive rehabilitation will require substantially more than what is currently available. Council has not made any other allocations for this project, no reserve transfer exists in the draft Operating Budget or the approved Capital Budget, and no direction has been given to secure debt financing for the rehabilitation works. If the License Agreement were to lapse at some point in the future without the rehabilitation having been successfully completed, the Municipality may have to remove the existing stabilization apparatus, which may necessitate removal of the Lighthouse, or close the abutting stretch of Robinson Street and sidewalk to mitigate known risks associated with the structural deficiencies until the rehabilitation can be completed. Staff provide no recommendation on the preferred approach at this time. Staff’s recommendation for the above information is to receive for information. Should Council wish to provide any direction with respect to the proposed rehabilitation scope of work, funding for same, and/or any extension to the active License Agreement to permit access and works on/over the abutting lands, it may do so. STRATEGIC PLAN 1.2: Quality of Place > To develop policies, plans and strategies that continually enhance the visitor experience to Bayham, and increase the economic benefit of tourism to the community. Initiative(s): Rehabilitate the Port Burwell Lighthouse 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not applicable ATTACHMENTS 1. Lighthouse rehabilitation cost estimate, as provided to Council via Report CAO-47/23 3 Actual unaudited reserve balance anticipated to be provided to Council at February 15, 2024 meeting via Treasury Report. RECOMMENDATION 1. THAT Report CAO-03/24 re Port Burwell Lighthouse Status and Costing Update be received for information; 2. AND THAT Council provide direction regarding an extension and amending agreement to support continued stabilization and rehabilitation of the Lighthouse. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer Appendix 'B' RAF Summary 2201-74 (2238) Port Burwell 1.0 The following high level Class 'D' restoration budget was prepared by HRI with discussion with a+LiNK Architecture 2.0 Construction Restoration Estimate Notes Estimate has been prepared based on 2023 restoration costs. HST is additional to all costs 3.0 Construction Restoration Estimate Mobilization / Demobilization / General Conditions 175,000.00 Structural Foundation 450,000.00 Wood Superstructure 275,000.00 Exterior Envelope 165,000.00 Window and Door Restoration 80,000.00 Metal Roofing and Flashing 55,000.00 Building Ventilation 50,000.00 Construction Estimate Subtotal 1,250,000.00 Construction Contingency (10%)125,000.00 Subtotal 1,375,000.00 4.0 Design Fees Architectural, Heritage, and Structural Engineering 131,250.00 Breakdown % Pre Design 5.0 6,560.00 Design 15.0 19,700.00 Contruction Documents and Permit 50.0 65,620.00 Tender 5.0 6,560.00 Contract Administration 20.0 26,250.00 Project Closeout 5.0 6,560.00 Total Fees Breakdown 100.00 131,250.00 5.0 Construction and Design Estimated Costs 1,506,250.00 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-004 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE PETERS DRAIN BRANCH D WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts of Lots 6, Concessions 9 in the Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 222225, prepared by Spriet Associates, dated December 6, 2023, which is attached hereto as Schedule “A”, and forms part of this By-law. AND WHEREAS the estimated total cost of constructing the drainage work is $8,900.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No. 222225, dated December 6, 2023 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith; 2 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of $8,900.00 being the amount necessary for the drainage works or other tendered and awarded amount by Council; 3 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at the rate established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile Drainage Act as of the date of passing of this By-law. By-law No. 2024-004 - 2 - A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of $0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $500.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof. READ A FIRST AND SECOND TIME this 1st day of February, 2024 and provisionally adopted this 1st day of February, 2024. ____________________________ _____________________________ MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this day of . ____________________________ _____________________________ MAYOR CLERK COURT OF REVISION – MUNICIPALITY OF BAYHAM Take notice that the Court of Revision of the Corporation of the Municipality of Bayham for considering and determining of Appeals to the said Court of Revision to the Assessment of By-law #2024-004 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on March 7, 2024 at 8:00 p.m. All notices of assessment appeal by an owner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the first sitting of the Court. Date of mailing CLERK PETERS DRAIN BRANCH ‘D’ Municipality of Bayham Our Job No. 222225 December 6, 2023 London, Ontario December 6, 2023 PETERS DRAIN BRANCH ‘D’ Municipality of Bayham To the Mayor and Council of the Municipality of Bayham Mayor and Council: We are pleased to present our report on the construction of the Peters Drain Branch ‘D’ Municipal Drain serving parts of Lot 6, Concession 9 in the Municipality of Bayham. AUTHORIZATION This report was prepared pursuant to Section 4 of the Drainage Act. Instructions were received from your Municipality with respect to a motion of Council. The work was initiated by a petition signed by the owners whose lands contain over 60 percent of the area requiring drainage. DRAINAGE AREA The total watershed area as described above contains approximately 1.2 hectares. The area requiring drainage for Peters Drain Branch ‘D’ is described as the lands located adjacent to the northeast corner of Eden Line and Culloden Road. The lands contain two residential severances being developed by the petitioner. EXISTING DRAINAGE CONDITIONS A site meeting held with respect to the project and through later discussions the owners reported the following: • that the developer’s engineer indicated that their client’s intention is to sever two residential lots from their lands and therefore needed a legal outlet to do so • that the Drainage Superintendent for the Municipality of Bayham indicated that a legal outlet was required as a condition of severance and that the Peters Drain was the most suitable outlet PETERS DRAIN BRANCH ‘D’ Municipality of Bayham 2 EXISTING DRAINAGE CONDITIONS (cont’d) A field investigation and survey were completed. Upon reviewing our findings we note the following: • that the Peters Drain, located on the west side of Culloden Road, would provide an outlet for proposed severances DESIGN CONSIDERATIONS The Drainage Coefficient method contained in the "DRAINAGE GUIDE FOR ONTARIO", Publication 29 by the Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA) is typically used to design municipal drains. The Drainage Coefficient defines a depth of water that can be removed in a 24-hour period and is expressed in millimetres per 24 hours. The coefficient used to design this drain with respect to capacity was 75mm per 24 hrs. We would like to point out that there have been indications of sandy soil conditions. It should be noted that no formal soil investigation has been made, with this information being provided by the owners. The proposed design and report have been generally completed using the “GUIDE FOR ENGINEERS WORKING UNDER THE DRAINAGE ACT IN ONTARIO” OMAFRA Publication 852. RECOMMENDATIONS We are therefore recommending the following: • that a new branch, to be referred to as the Peters Drain Branch ‘D’, be constructed commencing at the Peters Drain Extension and travel east under Culloden Road, through the severed lots, to just within the retained lands of the Corinth Community of Christ (Roll No. 5-063-00), for a total length of 112 lineal meters • that catchbasins be installed along the course of the drain to alleviate surface water flows and provide access points to the drain • that the lot grading be completed in accordance with the lot grading plan prepared by C.J.D.L. dated September 26, 2023 • that the lands are now being included in the Peters Drain (Main Drain) and should be added to the existing Schedule of Assessment in the report by J.M. Spriet., P. Eng., dated July 21, 2003, in the following manner through Section 65(3), the previous report had a cost of $7500.00/ha. The additional line shall read as follows: 9 Pt. Lot. 6. 1.16(ha.) Corinth Community of Christ $8,700.00 The assessment of $8,700.00 to the affected property, Corinth Community of Christ (Roll No. 5-063), should be back-assessed to the property and the assessment collected and placed on the drain ledger to be used for future maintenance cost PETERS DRAIN BRANCH ‘D’ Municipality of Bayham 3 RECOMMENDATIONS (cont’d) • that the lands are now being included in the Peters Drain Extension and should be added to the existing Schedule of Assessment in the report by J.M. Spriet., P.Eng., dated June 9, 2006, in the following manner through Section 65(3), the previous report had a cost of $13,700.00/ha. The additional line shall read as follows: 9 Pt. Lot. 6. 1.16(ha.) Corinth Community of Christ $1,000.00 The increased assessment of $1,000.00 to the affected property, Corinth Community of Christ (Roll No. 5-063), should be back-assessed to the property and the assessment collected and placed on the drain ledger to be used for future maintenance cost • that the Maintenance Schedule for the Peters Drain (Main Drain) be updated to include these lands that are being added to the watershed • that the Maintenance Schedule for the Peters Drain (Extension) be updated to include these lands that are being added to the watershed ENVIRONMENTAL CONSIDERATIONS AND MITIGATION MEASURES There are no significant wetlands or sensitive areas within the affected watershed area or along the route of the drains. The proposed construction of the Peters Drain Branch ‘D’ includes quarry stone outlet protection and surface inlets which greatly help reduce the overland surface flows and any subsequent erosion. A temporary flow check of silt fencing is to be installed in the ditch downstream of the tile outlet for the duration of the construction. SUMMARY OF PROPOSED WORK The proposed work consists of approximately 112 lineal meters of 200mm (8") diameter H.D.P.E. sewer pipe, including related appurtenances. SCHEDULES Three schedules are attached hereto and form part of this report, being Schedule 'A' - Allowances, Schedule 'B' - Cost Estimate, and Schedule 'C' - Assessment for Maintenance. Schedule 'A' - Allowances. In accordance with Section 29 of the Drainage Act, allowances are provided for right-of-way along the route of the drain as defined below. Schedule 'B' - Cost Estimate. This schedule provides for a detailed cost estimate of the proposed work which is in the amount of $8,900.00. This estimate includes engineering and administrative costs associated with this project. Schedule 'C' - Assessment for Maintenance. In accordance with Section 38 of the Drainage Act, this schedule outlines the distribution of future repair and/or maintenance costs for portions of, or the entire drainage works. PETERS DRAIN BRANCH ‘D’ Municipality of Bayham 4 SCHEDULES (cont’d) Drawing No.1, Job No. 222225, and specifications form part of this report. They show and describe in detail the location and extent of the work to be done and the lands which are affected. ALLOWANCES RIGHT-OF-WAY Section 29 of the Drainage Act provides for an allowance to the owners whose land must be used for the construction, repair, or future maintenance of a drainage works. For tile drains where the owners will be able to continue to use the land, the allowance provides for the right to enter upon such lands, and at various times for the purpose of inspecting such drain, removing obstructions, and making repairs. Also, the allowance provides for the restrictions imposed on those lands to protect the right-of-way from obstruction or derogation. The amounts granted for right-of-way on tile drains is based on a percentage of the value of the land designated for future maintenance. Therefore, the amount granted is based on $6,670.00/ha. through cropped lands. This value is multiplied by the hectares derived from the width granted for future maintenance and the applicable lengths. ASSESSMENT DEFINITIONS In accordance with the Drainage Act, lands that make use of a drainage works are liable for assessment for part of the cost of constructing and maintaining the system. These liabilities are known as benefit, outlet liability and special benefit liability as set out under Sections 22, 23, 24 and 26 of the Act. BENEFIT as defined in the Drainage Act means the advantages to any lands, roads, buildings or other structures from the construction, improvement, repair, or maintenance of a drainage works such as will result in a higher market value or increased crop production or improved appearance or better control of surface or sub-surface water, or any other advantages relating to the betterment of lands, roads, buildings, or other structures. OUTLET liability is assessed to lands or roads that may make use of a drainage works as an outlet either directly or indirectly through the medium of any other drainage works or of a swale, ravine, creek, or watercourse. In addition, a Public Utility or Road Authority shall be assessed for and pay all the increased cost to a drainage works due to the construction and operation of the Public Utility or Road Authority. This may be shown as either benefit or special assessment. ASSESSMENT We assess the entire cost of this report to the developer of the Subdivision. It should be noted that the construction costs were paid directly by the developer and are not included in this report. It is also to be noted that the cost of this report is not eligible for the Provincial Agricultural Grant. PETERS DRAIN BRANCH 'D' Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-005 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 – 39 LOTS WHEREAS the Subdivision Agreement with 1985763 Ontario Inc. was approved by By-law No. 2023-092 on Thursday, December 21, 2023; AND WHEREAS it is deemed necessary to provide a revised Agreement as per legal counsel and to repeal By-law No. 2023-092; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 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. 3. AND THAT By-law No. 2023-092 be repealed in its entirety. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY OF FEBRUARY 2024. ___________________________ _____________________________ MAYOR CLERK 1 SCHEDULE “A” TO BY-LAW NO. 2024-005 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 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 3 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 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 4 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 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 5 THIS SUBDIVISION AGREEMENT made this day of 2024. 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 Subdivider has agreed with the Municipality to comply with the conditions contained in the Notice of Decision, File No. 34T-BY2101, dated June 28, 2022. 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 ONE DOLLAR ($1.00) of lawful money of Canada by each to the other paid (the receipt and 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; 6 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 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); 7 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. 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. 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 8 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 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; 9 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; 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; 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; 10 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, 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. 11 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 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 12 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 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. Upon such demonstration, the owner shall make provision for the assumption and operation by the Municipality of the sanitary sewer system, subject to the approval 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. 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 13 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. The 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 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. 14 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 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 Plan Approval dated June 28, 2022 and other municipal services as identified in the previous Section of this Agreement. 15 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 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 16 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. 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. 17 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 Construction 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 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. 18 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 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 19 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 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, the 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- 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. 20 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. 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 21 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 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 22 that the underground services (water, sanitary and storm services) and sanitary pumping station (if applicable) are completed 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. j) The Subdivider shall confirm, to the satisfaction of the Municipality, that any licenced well drillers installing wells with respect to the development will either review and understand the potential need for specialized well construction techniques, or will be instructed on the potential need for specialized well construction techniques, prior to the commencement of on-site drilling. 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. 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. 23 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. 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, 24 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. 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; 25 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. 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. 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 26 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 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. W here any such work is approved, it shall be commenced and completed within such time or times as are 27 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 (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. 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. 28 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 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 29 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 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 30 (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. 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: 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 31 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 Municipality 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, 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 32 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: 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: 33 1985763 ONTARIO INC. c/o FRANK WALL 8635 STEWART RD 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 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. 34 IN WITNESS 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 day of __________ 2024. ) 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 __________, 2024. ) 1985763 ONTARIO INC. ) ) ) ) ______________________________ ) Frank Wall, President ) ) I have authority to bind the Corporation 35 SCHEDULE “A” SUBDIVISION AGREEMENT dated the day of 2024. 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) ENCUMBRANCES 1. Charge registered as Instrument No. CT182233 on May 26, 2020 from 1985763 Ontario Inc., in favour of John Robert Rosenfeld and Jean Marie Rosenfeld, in the amount of $880,000.00. The balance due date is May 25, 2025. SCHEDULE B1 36 SCHEDULE B237 SCHEDULE C 39 SCHEDULE “D” SUBDIVISION AGREEMENT dated the day of , 2024. 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 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 STSTSTSTSTSTSTSTSTSTSTSANSANSANSANSANSANSANSANSANSANSAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SANST STSTSTSTSTSTSTSTST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST STST ST ST ST ST ST ST ST ST ST STSTSTSTSTSTST ST ST ST ST ST SAN SANSANSAN SANSANSANSANSANSANSANSANSANSANSANSANSANSAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SANSANSANSANSTSTSTSTST ST ST ST ST SANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSAN SANSANSANSANFF FFFFFFFFFFFFFFFFFFF FSTSTSTSTSTST ST ST FFFFFPHASE 1PHASE 2PROJECT AREA SANDYTOWN ROADHERITAGE LINE - C O U N T Y R O A D N o . 3 8 PLANK ROAD - HIGHWYA No. 19DONNELLY DRIVE FORMER CP RAIL LANDDUKE ST.OLD CHAPEL ST.PLANK ROADCOUNTY ROAD No. 19RAILLAND FORMERCPSTEWAR T R O A D SANDYTOWN ROADCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235 cjdl@cjdleng.com SANDYTOWN ROAD SUBDIVISION PHASE 1 - RP 11M-??? 1985763 ONTARIO INC. MUNICIPALITY OF BAYHAM HERITAGE LINESTEWART ROADWALL STREETMAVERICK COURTSANDYTOWN ROAD SANSAN SANSAN STST STST LIST OF DRAWINGS DWG DESCRIPTION PHASE 1PHASE 2I:\ACAD Projects\2020\20033\04-Layouts\20033_Cover Page.dwg, 2023-10-26 3:00:06 PM, cjdlpc45PHASE 2 FUTURE CONSTRUCTION PHASE 2 FUTURE CONSTRUCTION PHASE 2 FUTURE CONSTRUCTIONSCHEDULE D40 STSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅∅∅∅Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAMWALL STREET56MAVERICK COURT2SANDYTOWN RD.STE W A R T R D . I:\ACAD Projects\2020\20033\04-Layouts\20033_Grading Plan.dwg, 2023-10-26 3:00:18 PM, cjdlpc45 41 ∅∅∅∅∅∅∅∅∅SANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSAN∅∅SANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSAN∅∅∅SANSANSANSAN∅FFFFFFFFFFFFFFFFFFFFFF∅∅FFFFFCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAMWALL STREETMAVERICK COURT3SANSANSANSANSANSANSANDYTOWN RD.STE W A R T R D . I:\ACAD Projects\2020\20033\04-Layouts\20033_Sanitary Tributary Areas.dwg, 2023-10-26 3:00:33 PM, cjdlpc45 42 SANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSAN∅∅SANSANSANSANSANSANSANSANSANSANSANSANSAN∅∅∅SANSANSAN∅FFFFMUNICIPALITY OF BAYHAMWALL STREETCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMAVERICK COURT4SANSANSANSANFFSANSANSANDYTOWN ROADHERITAGE LINE STEW A R T R D . I:\ACAD Projects\2020\20033\04-Layouts\20033_Sanitary Tributary Areas.dwg, 2023-10-26 3:00:37 PM, cjdlpc45 43 STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅ ∅ ∅ ∅ ∅ ∅ ∅∅∅ ∅ ∅ ∅ ∅ ∅∅∅∅ ∅ ∅STSTSTSTSTST∅ ∅ ∅ ∅ ∅ STST∅∅ ∅∅∅ ∅ Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAMWALL STREETMAVERICK COURT5STSTSTSANDYTOWN RD.STE W A R T R D . I:\ACAD Projects\2020\20033\04-Layouts\20033_Storm Tributary Areas.dwg, 2023-10-26 3:00:45 PM, cjdlpc45 44 SANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅∅∅∅∅∅ ∅ ∅ ∅ ∅FFFFFFFFFFSANSANSANSAN SAN SAN SANSANSANSANSANSANSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSTSTSTSTST ST ST ST ∅∅∅∅∅ ∅ ∅ ∅ ∅ ∅∅FFF ∅ ST ST ST FFFFSANSTSTST ∅∅∅FCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAMMAVERICK COURTWALLSTREET6WSANSANSTSTF656SANDYTOWN RD.FPHASE 2PHASE 1I:\ACAD Projects\2020\20033\04-Layouts\20033_P&P 01.dwg, 2023-10-26 3:00:55 PM, cjdlpc45 45 ∅STSTSTSTSTSTSTSTSTSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅∅∅∅∅ ∅ ∅ ∅ ∅ ∅ ∅∅ ∅ ∅ ∅ ∅STSTSTSTSTSTSTST∅∅ ∅ ∅SANSAN∅∅FFFFFFFFFFFFFFFFFFFFF∅ STST∅ ∅∅∅∅∅FFFFPHASE 1PHASE 2 STSTSANSANSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSANSAN∅∅∅∅∅ ∅ ∅ ∅ ∅ ∅∅∅∅∅∅FFFFFFFFFFFFFF∅∅∅∅STSTSTSTSTSTSTSTSTSTSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSTSTSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSANSANSANSANSANSAN∅∅∅∅∅∅∅∅ ∅ ∅∅ ∅FFFFFFFFFFFFFFFFFFFFFFFFFFCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAMWALL STREET7MAVERICK COURTSTE W A R T R O A DWSANSANSTSTF656FI:\ACAD Projects\2020\20033\04-Layouts\20033_P&P 02.dwg, 2023-10-26 3:01:05 PM, cjdlpc45 46 STSTSTSTSTSTSTSTSTSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅∅∅∅∅∅∅ ∅ ∅ ∅ ∅ ∅ ∅∅ ∅ ∅ ∅ ∅ ∅ ∅STSTSTSTSTSTSTSTST∅ ∅ FFFFFFFFFFFFFFFFFFFFFSTSTSTSTSTST∅∅ ∅ ∅ ∅ ∅ STST∅ ∅∅∅ FFFFSTSTSTSTSTST∅∅∅ STSTSTSTSTST∅∅223224225226227228223224225226227228223224225226227228229230223224225226227228229230STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅219220221222223224225219220221222223224225MUNICIPALITY OF BAYHAMCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.com8MAVERICK COURTRLCB2 STORM EASEMENTRLCB1 STORM EASEMENTWALL STREETWSANSANSTSTF656RLCB3 - POND STORM EASEMENTFPHASE 1PHASE 2I:\ACAD Projects\2020\20033\04-Layouts\20033_Storm Sewer Easements.dwg, 2023-10-26 3:01:18 PM, cjdlpc45 47 STSTSTSTSTSTSTSTSTSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅∅∅∅∅∅∅ ∅ ∅ ∅ ∅ ∅ ∅∅ ∅ ∅ ∅ STSTSTST∅ FFFFFFFFFFFFFFFFFFFFFSTSTSTSTSTST∅∅ ∅ ∅ ∅ ∅ ∅∅ FFFFSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅218219220221222223224225218219220221222223224225Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAM9WALL STREETRLCB7 - CBMH ST8 STORM EASEMENTMAVERICK COURTSTE W A R T R D .WSANSANSTSTF656FPHASE 1PHASE 2I:\ACAD Projects\2020\20033\04-Layouts\20033_Storm Sewer Easements.dwg, 2023-10-26 3:01:27 PM, cjdlpc45 48 W STSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅ST STST∅ ∅ ∅STST ∅ SAN SAN SAN∅FFF F ∅∅STSTST∅∅ SANSTSTSTST ∅∅∅∅∅³Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAM10STEWART ROADWALL STREETWSANSANSTSTF656I:\ACAD Projects\2020\20033\04-Layouts\20033_SWM Pond.dwg, 2023-10-26 3:01:44 PM, cjdlpc45 49 STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST∅∅∅∅ ∅ STSTSTSTSTSTSTSTST∅ ∅U/HU/HU/HU/HU/HU/HU/HU/HU/HU/HU/HU/HU/HU/HCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAM11STEWART ROAD21WALLSTREETSWM POND656SWMBLOCK 40BLOCK 41I:\ACAD Projects\2020\20033\04-Layouts\20033_Sanitary PS.dwg, 2023-07-21 7:29:21 AM, cjdlpc45 50 BLOCK 41MUNICIPALITY OF BAYHAMCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.com12656I:\ACAD Projects\2020\20033\04-Layouts\20033_Sanitary PS.dwg, 2023-07-21 7:29:27 AM, cjdlpc45 51 MUNICIPALITY OF BAYHAMCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.com13····I:\ACAD Projects\2020\20033\04-Layouts\20033_Sanitary PS.dwg, 2023-07-21 7:29:33 AM, cjdlpc45 52 Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAM14WALL STREETMAVERICK COURTWSANSTSTF6 56I:\ACAD Projects\2020\20033\04-Layouts\20033_Erosion and Sediment Control.dwg, 2023-10-26 3:02:20 PM, cjdlpc45 53 Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comMUNICIPALITY OF BAYHAM15³“”“”3.75m54 MUNICIPALITY OF BAYHAMCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.com16³I:\ACAD Projects\2020\20033\04-Layouts\20033_General Notes.dwg, 2023-10-26 3:02:37 PM, cjdlpc45 55 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 90m 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 SECURITY ESTIMATE SCHEDULE 1 SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE 100% PERFORMANCE MAINTENANCE ROADWORK (YEAR ONE, MAVERICK COURT AND WALL STREET STUB) 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) SCHEDULE E1 56 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 SCHEDULE 1 SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE 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 $1,128,000 The foregoing costs exclude: • Development charges; • HST; • Legal costs; • Utility conflicts and relocation; • Driveways; • Private Well Construction; • Grading, topsoil sod around units; • Landscaping, trees; and • Electrical service rebate. TOTAL ESTIMATED CONSTRUCTION COST FOR SANDYTOWN ROAD SUBDIVISION - PHASE 1 Cameron Cluett, P. Eng. CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, TILLSONBURG, ONTARIO. 57 20033 14-Aug-23 Rev 1 - 21-Sept-23 (Security Estimate) Rev 2 - 3-Nov-23 UNIT PRICE TOTAL %$%$ SANITARY SEWAGE PUMPING STATION Pumping Station (wet well, valve chamber, appertenances)1 l/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 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) SCHEDULE E2 58 20033 14-Aug-23 Rev 1 - 21-Sept-23 Rev 2 - 3-Nov-23 1 December 2023 2 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 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 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 Road Construction (Maverick Court and Wall Street Stub) - including Curbs, Granular A&B, Base Lift Asphalt Road Construction (Wall Street Stub to Stewart Road) - including Curbs, Granular A&B, Base Lift Asphalt SCHEDULE E3 59 20033 14-Aug-23 Rev 1 - 21-Sept-23 Rev 2 - 3-Nov-23 SCHEDULE 1 PHASE 1 $1,128,000 SCHEDULE 2 PHASE 2 $1,158,000 TOTAL ESTIMATED CONSTRUCTION COST $2,286,000 SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE MUNICIPALITY OF BAYHAM ESTIMATED CONSTRUCTION COSTS SUMMARY OF SCHEDULES Cameron Cluett, P. Eng. CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, TILLSONBURG, ONTARIO. 60 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z768-2024 MACALONEY BEING A 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 Schedule “D” (Eden) by changing the zoning symbol on the subject property from ‘Hamlet Commercial (HC)’ zone to ‘Hamlet Residential (HR)’ zone, which lands are outlined in heavy solid lines and marked “HR” on Schedule “D” (Eden) to this By-law, which schedule is attached to and forms part of this By-law. 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 1ST DAY OF FEBRUARY 2024. READ A THIRD TIME AND FINALLY PASSED THIS 1ST DAY OF FEBRUARY 2024. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WATERFRONT ADVISORY COMMITTEE MINUTES TRACKLESS LOUNGE 56169 Heritage Line, Straffordville, ON Monday, January 15, 2024 5:00 p.m. PRESENT: CHAIR RAINEY WEISLER COMMITTEE MEMBERS SERGE PIETERS MARNI WOLFE ASHLEY CARDINAL VAL DONNELL STAFF ATTENDANCE: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS LPRCA REPRESENTATIVE PAUL GAGNON 1. CALL TO ORDER Committee Chair Weisler called the meeting to order at 5:00 p.m. The Committee had a moment of silence in honour of the late Earl Shea. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. DELEGATIONS 4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) A. Minutes of the Waterfront Advisory Committee Meeting held October 16, 2023 Moved by: Committee Member Pieters Seconded by: Committee Member Wolfe THAT the minutes of the Waterfront Advisory Committee Meeting held October 16, 2023 be approved as presented. CARRIED 5. MATTERS OF BUSINESS A. Memo WAC-01/24 re East Beach Bioswale Maintenance and Phragmite Control Moved by: Committee Member Wolfe Seconded by: Committee Member Cardinal 2 THAT Memo WAC-01/24 re East Beach Bioswale Maintenance and Phragmite Control be received for information. CARRIED B. Memo WAC-02/24 re Education Event – East Elgin Environmental Leadership Program (ELP) Collaboration Nominated for Blue Flag International Award Moved by: Committee Member Pieters Seconded by: Committee Member Cardinal THAT Memo WAC-02/24 re Education Event – East Elgin Environmental Leadership Program (ELP) Collaboration Nominated for Blue Flag International Award be received for information. CARRIED C. Memo WAC-03/24 re Waterfront Advisory Committee 2024 Meeting Schedule Moved by: Committee Member Donnell Seconded by: Committee Member Wolfe THAT Memo WAC-03/24 re Waterfront Advisory Committee 2024 Meeting Schedule be received for information; AND THAT the following meeting dates be the Regular Meetings for the Waterfront Advisory Committee for 2024:  Monday, April 15, 2024 at 5:00 pm (Trackless)  Monday, July 15, 2024 at 5:00 pm (Beach)  Monday, October 21, 2024 at 5:00 pm (Trackless) AND THAT the first meeting of 2025 be scheduled at the October 21, 2024 meeting. CARRIED 6. ADJOURNMENT Moved by: Committee Member Cardinal Seconded by: Committee Member Pieters THAT the Waterfront Advisory Committee Meeting be adjourned at 5:50 p.m. CARRIED CHAIR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MUSEUM ADVISORY COMMITTEE MINUTES TRACKLESS LOUNGE 56169 Heritage Line, Straffordville Wednesday, January 17, 2024 5:00 p.m. PRESENT: CHAIR SUSAN CHILCOTT COMMITTEE MEMBERS ROY SULLIVAN RON BRADFIELD ABSENT: ROBERT PONZIO JEAN-ANN BARANIK STAFF ATTENDANCE: PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL CURATOR JENNIFER BEAUCHAMP 1. CALL TO ORDER Committee Chair Chilcott called the meeting to order at 5:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. DELEGATIONS 4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) A. Minutes of the Museum Advisory Committee Meeting held October 18, 2023 Moved by: Committee Member Bradfield Seconded by: Committee Member Sullivan THAT the minutes of the Museum Advisory Committee Meeting held October 18, 2023 be approved as presented. CARRIED 5. MATTERS OF BUSINESS A. Curator Monthly Reports: September – December 2023 Moved by: Committee Member Sullivan Seconded by: Committee Member Bradfield 2 THAT the Curator Monthly Reports: September – December 2023 correspondence be received for information. CARRIED B. Lifeboat Move Moved by: Committee Member Bradfield Seconded by: Committee Member Sullivan THAT the Lifeboat Move correspondence be received for information. CARRIED C. Memo MAC-01/24 re Museum Summer Students Moved by: Committee Member Sullivan Seconded by: Committee Member Bradfield THAT Memo MAC-01/24 re Museum Summer Students be received for information. CARRIED D. Memo MAC-02/24 re Museum & Lighthouse Financial Information / Operating Budget Moved by: Committee Member Bradfield Seconded by: Committee Member Sullivan THAT Memo MAC-02/24 re Museum & Lighthouse Financial Information / Operating Budget be received for information. CARRIED Moved by: Committee Member Sullivan Seconded by: Committee Member Bradfield THAT further to Memo MAC-02/24 the Museum Advisory Committee requests Council to include the Museum Advisory Committee in the review process regarding the Lighthouse remediation alternatives prior to Council’s consideration. CARRIED E. Memo MAC-03/24 re 2024 Meeting Schedule Moved by: Committee Member Bradfield Seconded by: Committee Member Sullivan THAT Memo MAC-03/24 re Museum Advisory Committee 2024 Meeting Schedule be received for information; AND THAT the following meeting dates be the Regular Meetings for the Museum Advisory Committee for 2024: 3  Wednesday, April 17, 2024 at 5:00 pm (Trackless)  Wednesday, July 17, 2024 at 5:00 pm (Museum)  Wednesday, October 23, 2024 at 5:00 pm (Trackless) AND THAT the first meeting of 2025 be scheduled at the October 23, 2024 meeting. CARRIED 6. ADJOURNMENT Moved by: Committee Member Bradfield Seconded by: Committee Member Sullivan THAT the Museum Advisory Committee Meeting be adjourned at 6:15 p.m. CARRIED CHAIR CLERK ADVISORY BOARD & COMMITTEE RESOLUTION Date: February 1, 2024 To: Mayor & Members of Council From: Museum Advisory Committee Subject: Recommendations from January 17, 2024 MAC Meeting The Museum Advisory Committee respectfully requests the following motion to be considered by the Council of the Municipality of Bayham at the Regular Meeting of Council of February 1, 2024: Moved by: Committee Member Sullivan Seconded by: Committee Member Bradfield THAT further to Memo MAC-02/24 the Museum Advisory Committee requests Council to include the Museum Advisory Committee in the review process regarding the Lighthouse remediation alternatives prior to Council’s consideration. CARRIED THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-006 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD FEBRUARY 1, 2024 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 February 1, 2024 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 1st DAY OF FEBRUARY, 2024. ____________________________ _____________________________ MAYOR CLERK