HomeMy WebLinkAboutBy-law No. 2024-005THE 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:
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 AND THAT By-law No. 2023-092 be repealed in its entirety.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.
r
MAYOR- CLERK
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,
11 R-11079; MUNICIPALITY OF BAYHAM
34T-BY2101
SANDYTOWN ROAD SUBDIVISION
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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
I
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
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
THIS SUBDIVISION AGREEMENT made this / dayof a?,12024.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
hereinafter called the "Municipality"
OF THE FIRST PART
r
- 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,
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;
1) "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;
i "Engineer" shall mean a licensed Professional Engineer who carries current
Professional Liability Insurance and holds a current certificate of authorization
issued by the Association of Professional Engineers of the Province of Ontario or is
employed by a partnership or corporation authorized by the Association of
Professional Engineers of Ontario to offer professional engineering services to the
public;
s) "Services" means any or all of the services required to be provided under this
Agreement as shown on the Engineering Drawings attached as Schedules to this
Agreement and approved amendments thereto and shall include all earthworks,
equipment and structures appurtenant thereto. The term "Services," where used
herein, may mean a service or a part thereof individually, or services or parts thereof
collectively, as context requires;
t) "Subdivider" is identified above but shall also, where the context permits, mean
subsequent owners who receive title to one or more lots and blocks within the Plan
before or after development within such lot(s) or block(s);
u) "Municipality Engineer" means the Engineer duly authorized and appointed by the
Municipality at the relevant time;
} "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, illegallty 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 ci rcu msta noes 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. 0.40, 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
() mcnths 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 GonsuIting 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;
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;
i. 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;
A. 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;
1) 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;
in
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
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.
vij. 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.
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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.
viThe 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
T
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 % of the
appraised value of $425,000.00 as determined by Otto & Company Appraisal Report
dated Nova rriber 4, 2023.
Phase 2
The Subdivider agrees to provide payment in the amount of 47 500.00 as cash in Iieu
of parkland dedication prior to the registration of Phase 2 of the Pfan, in satisfaction of
the Subdividers parkland dedication requirement under subsection 81.1(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,
H. 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. FEESIDEPOSITS 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;
iil_ the sum of $ 9,+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 oasts 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.
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.
0
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:
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;
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,
tl. 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
mntracts 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
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 tcgether
with interest which may be payable, any unpaid amount may be recovered as
a debt in an action in any court of competent jurisdjubon 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 a 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.
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 dean 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 lox 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:
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
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 Pla r ning 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
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:
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
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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:
+l 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. T h e I of 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.
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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.
7.5.00CUPANCY 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);
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,
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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;
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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 (TVD B)
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
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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. Where any such work is
approved, it shall be commenced and completed within such time or times as are
fixed by the Municipality and/or the Municipality Engineer and to the Municipality's
satisfaction.
The Subdivider further agrees to provide such barriers and signs and take other steps
as may be required by the Municipality to avoid injury or risk of injury to any person
using such highway.
10.4. LIENS
The Subdivider shall comply with all provisions of the Construction Act, R.S.O. 1990,
c. C.30 (hereinafter the "Construction Act"), as amended from time to time, and without
limiting the generality of the foregoing, shall hold in its possession all statutory
holdbacks and any additional funds required to be held by the Construction Act. These
holdbacks and funds shall not be disbursed except in accordance with the
Construction Act. The Subdivider shall at the Subdivider's expense, within thirty (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
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.
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.
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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 back -fill
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
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.
INSPECTION RECORD
The Certificate of Substantial Completion is to be issued and again prior to
the Certificate of Assumption of Services by the Municipality, including the
sanitary sewer system described in the Engineering Drawings which is a
Schedule to this Agreement, the Subdivider agrees to inspect all such sewers
within the Lands by a televised inspection method, or an equivalent method
satisfactory to the Municipality Engineer, and to provide the Municipality with
an inspection record satisfactory to the Municipality Engineer in the form of
a copy of the video tape, digital record or other production generated by each
such sanitary sewer inspection.
11. FURTHER COVENANTS
The Parties further covenant as follows:
11.1. DEFAULT
a) If the Subdivider fails:
i. to commence or complete the installation or construction of any of the
Services required in accordance with the plans which are Schedules to this
Agreement, within the times specified in this Agreement; or,
If, in the Municipality Engineer's opinion, the Subdivider:
ii, fails to install or construct such Services in accordance with the plans
attached as Schedules to this Agreement; or,
iii, after commencing the installation or construction of any such Services, fails
to prosecute such installation or construction within agreed upon time or in
order that the works may be completed within the time provided in this
Agreement; or
iv. is improperly performing or carelessly executing work involved in the
installation or construction of any such Service; or
v. has neglected or unreasonably delayed installation or construction or
reconstruction or repair or replacement of such Services; or
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
al 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
3
(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,
if. 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:
the Consulting Engineer's detailed report on the completed works and
Services in a form satisfactory to the Municipality and/or the Municipality
Engineer,
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
K
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:
.�3
1985763 ONTARIO INC.
c/o FRANK WALL
8635 STEWART RD
STRAFFORDVILLE ON NOJ 1Y0
Telephone: 226-377-1703
Email: urbanrockdevelopments(a)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.
31t
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 e-b 2024
Executed this I day of r , 2024
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Ed Ketchabaw, Mayor
Meagan Elliott, Clerk
lAVe have authority to bind the Corporation
}
1985763 ONTARIO INC.
}
)
)
}
Wall, President
I have authority to bind the Corporation
34
SCHEDULE "A"
SUBDIVISION AGREEMENT dated the /S day of reAva+Y 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, 11 R-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.
SCHEDULEB1 PAN 136
eL14 -
CERTIFICATE Of REGISTRATION
qm= INK �w OF
-I N TEFKS)
4k-
ir
BLOCK 14
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15 w z
16 ate" Puly CF SUIMMSW 13F
L PART OF LOT 123
CONCESSION NORTH OF TALBOT ROAD
MgAKFAUrr OF EA*bW
COUNTY OF ELGIN
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OWNERS CERTIFICATE
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NOTES
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39
SCHEDULE "D"
SUBDIVISION AGREEMENT dated the - day of r-,eXIVa- +' 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 Bayhamin 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
I 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
L
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
1
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
SCHEDULE D
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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
SECURITY ESTIMATE
I
TOTAL
100%PERFORMANCE
MAINTENANCE
SANITARY SEWER (Maverick Court and Wall Slrreetl
200mmp
540 m
94,500
70
66,150
1200mmpmanholes
9 each
7.=MU
67,500
70
47,250
PDCs
39 each
-1
58,500
70
40,950
Miscellaneous
1,500
70
1,050
$222,000
$222,000
$155,400
50
STORM SEWER (Maverick Court and Wall Streetl
600mmp
21 m
375
7,875
70
5,513
450mmp
322 m
235
75,670
70
52,969
300mmp
158 m
180
28,422
70
19,895
250mmp
97 m
175
16,975
70
11,983
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
1200mm0 manhole
9 each
6,500
58,500
70
40,950
250mmp CB leads
30 m
100
3,000
70
2,100
300mm0 CB leads
10 m
130
1,300
70
910
Miscellaneous
758
70
531
$300,000
$300,000
$210,000
$Q
SANITARY FORCEMAIN (Maverick Court and Wall
Streets
Temproary Low flow forcemain (50mm0)
75 m
10D
7,500
70
5,250
100mmp
347 m
150
52,050
70
36,435
Miscellaneous
_ 450
70
315
$60,000
$60,000
$42,000
$0
SIORMWATERMANAGEMENT
6000 headwall
i each
20,000
20,000
70
14,000
1200 x 1200mm outlet control chamber
i each
20,000
20,0D0
70
14,000
1000mm standpipe
1 each
12,000
12,000
70
8,400
300mmo
9 at
180
1,620
70
1,134
Dry Hydrant
1 I/S
10,000
10,000
70
7,000
Cable concrete mats
8 each
3,000
24,000
70
16,800
Fine grading
11/s
10,000
10,000
70
7,000
Landscaping
1 1/s
10,000
10,000
70
7,000
Allowance for Fire Protection Maintenance
1 I/S
15,000
15,000
100
15,000
Miscellaneous
1,3M
70
96.6
$124,000
$124,000
$91,300
$0
ROADWORK (YEAR ONE. MAVERICK COURT AND WALL STREET STUW
Excavation, grading, excluding lot grading
1 I/S
15,000
15,000
70
10,500
Granular B (300mm thick) -
MAVERICK COURT
650 m'
40
26,000
70
18,200
Granular B (300mm thick) -
WALL STREET
1E0 m,
40
6,000
70
4,200
Granular A (100mm thick) -
MAVERICK COURT
340 m'
50
17,000
70
11,900
Granular A (100mm thick) -
WALL STREET
60 m'
50
3,0D0
70
2,100
Asphalt curb and gutter
9 m
40
360
100
360
Street Lights
5 each
4,000
20,000
100
20,DOO
Mountable curb and gutter -
MAVERICK COURT
433 m
40
17,320
1W
17,320
Mountable curb and gutter -
WALL S7REET
9D m
W
3,600
100
3,600
HL8 base asphalt (50mm thick) -
MAVERICK COURT
280 tonnes
I1O
30,800
100
30,800
HL8 base asphalt (50mm thick) -
WALL STREET
50 tonnes
1I0'
5,500
100
5,500
Miscellaneous
1,420
100
1,420
$146,000
$146,000
$125,900
$0
ROADWORK (YEAR T C. MA kVERICK CQURT.AND WALL STREET STUBS
Sidewalk - MAVERiCKCOURT
195 m'
50
9,750
100
9,750
Sidewalk - WALL STREET
70 m'
50
3,500
10C
3,500
Catch Basin Adjustments
5 each
150
750
10D
750
Manhole Adjustments
6 each
500
3,000
100
3,000
Milling -200+m=
11/s
2,500
2,500
100
2,500
Sweeping and tack coat - 2,050±m'
1 I/S
ZC,500
2,500
100
2,500
HL3 Surface Asphalt (40mm thick) -
MAVERICK COURT
225 tonnes
121)
27,000
200
27,000
HL3 Surface Asphalt (40mm thick) -
WALL STREET
40 tonnes
120
4,800
200
4,800
Miscellaneous
1,200
100
1,200
$55,000
$55,000
$55,000
;7
SUB -TOTAL CONSTRUCTION COSTS
$907,000
$679,600
S0
TOTAL REQUIRED SECURITY
$679,600
Supervision and contract administration (5%)
Geotechnical Investigation and Testing (1.5%)
Electrical Servicing - 13 Lots @ $5,000
Utility Co-ordination by CJDL
Contingency Allowance (10%)
TOTAL PHASE 1 ESTIMATED COST
SCHEDULEI
SANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE
46,000
14,000
65,000
5,000
91,000
$1,128,000
TOTAL ESTIMATED CONSTRUCTION COST FOR
SANDYTOWN ROAD SUBDIVISION - PHASE 1 $1,128,000
The foregoing costs exclude;
• -Development charges;
• NST;
• Legal costs;
• Utility conflicts and relocation;
• Oriveways;
• Private Well Construction;
• Grading, topsoil sod around units;
• Landscaping, trees; and
• Electrical service rebate.
Cameron Cluett, P. Eng.
CYRILJ. DEMEYERE LIMITED,
CONSULTING ENGINEERS,
TILLSONBURG, ONTARIO.
57
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 E2
2DO33
14-Aug-23
Rev 1- 21-Sept-23
(Security Estimate)
Rev 2 - 3-Nov23
SCHEDULE 2
SANDYTOWN ROAD SUBDIVISION ST_RAFFORDVILLE
SECURITY
ESTIMATE
QUANTITY
UNIT PRICE
TpTAI
100% PERFORMANCE
MAINTENANCE
%
$
96 $
SANITARY SEWAGE PUMPING STATION
Pumping Station (wet well, valve chamber,
appertenances)
31/s
400,000
400,000
70
280,000
Electrical Panel and SCADA Programming
1 I/s
100,000
100,0D0
70
70,000
Site Works
1 i/s
310,000
30,000
70
21,000
Miscellaneous
10,000
10
7,000
$540,000
$540,000
$378,000
STORM SEWER (Lots 14-39 Rear Yards)
250mmp
80 m
175
14,000
70
9,800
300mmp
180 m
180
32,400
70
22,680
375mmp
131 m
210
27,426
70
19,198
450mmp
75 m
235
17,555
70
12,288
250mmp CB leads
30 m
100
3,000
70
2,100
300mmp CB leads
6 m
130
780
70
546
Single catchbasin
7 each
3,000
21,000
70
14,700
375mmp Headwall to SWM Pond
1 each
10,000
10,000
70
7,000
Miscellaneous
LM
70
1,288
$128,000
$128,000
$89,600
50
ROADWORK (YEAR ONE. WALL STREET STUB TO STEWART ROAD]
Excavation, grading, excluding lotgrading
1 I/s
15000
15,000
70
10,500
Granular B (300mm thick)
900 m,
44
36,000
70
25,200
Granular A (100mm thick)
305 m'
5D
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
1.00
1,550
$144,000
$144,000
$124,125
$0
ROADWORK (YEAR TWO. WALL STREET STUB TO
STEWART ROAD]
Sidewalk
423 mZ
50
21,150
t00
21,150
Catch Basin Adjustments
8 eac+i
150
1,200
100
1,200
Manhole Adjustments
10 each
50D
5,000
100
5,000
Milling -200±mZ
11/s
2,500
2,500
100
2,500
Sweeping and tack coat - 2,220±m2
1 I/s
2,500
2,500
100
2,500
HL3 Surface Asphalt (40mm thick)
250 tonnes
124
30,000
100
80,000
Miscellaneous
2,650
300
2,650
$65,000
$65,000
$65,000
$0
SUB -TOTAL CONSTRUCTION COSTS
$877,000
$656�i
$0
TOTAL REQUIRED SECURITY
$656,725
Supervision and contract administration (5%)
Geotechnicai Investigation and Testing (1.5%)
Electrical Servicing - 26 Lots @ $5,000
Utility Co-ordination by CJDL
Contingency Allowance (10%)
TOTAL PHASE 2 ESTIMATED COST
TOTAL ESTIMATED CONSTRUCTION COST FOR
SANDYTOWN ROAD SUBDIVISION - PHASE 2
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.
Cameron Cluett, P. Eng.
CYRILJ. DEMEYERE LIMITED,
CONSULTING ENGINEERS,
TILLSONBURG, ONTARIO.
44,000
14,000
130,000
5,000
88,000
$1,158,000
$1,158,000
SCHEDULE E3
SCHEOULE3
S_ANDYTOWN ROAD SUBDIVISION, STRAFFORDVILLE
PHASE 1
1 Underground Services - Sanitary Sewers, Storm Sewers, Forcemain, and SWM Pond on December 2023
Maverick Court and Wall Street
2 Road Construction (Maverick Court and Wall Street Stub) - including Curbs, Granular A&B, February 2023
Base Lift Asphalt
3 Utility Servicing (Maverick Court) - Hydro, Gas, Telephone, Cable TV March 2023
4 Sidewalks (Maverick Court and Wall Street Stub) Completed after
house construction
(Late 2024- 2025)
5 Street Lighting (Maverick Court) March 2023
6 Boulevard Restoration (Maverick Court) - including topsoil and sod Completed after
house construction
(Late 2024 - 2025)
7 Top Lift Asphalt (Maverick Court) August 2025
PHASE 2
8 Road Construction (Wall Street Stub to Stewart Road) - including Curbs, Granular A&B, Base July 2024
Lift Asphalt
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) Completed after
house construction
(2025 - 2026)
12 Street Lighting (Wall Street) September 2024
13 Boulevard Restoration (Wall Street) - including topsoil and sod Completed after
house construction
(2025 - 2026)
14 Top Lift Asphalt (Wall Street Stub to Stewart Road) August 2026
we,
20033
14•Aug•23
Rev 1 - 21-Sept-23
Rev 2 - 3-Nov-23
Aft
20033
14-Aug-23
Rev 1- 21-Sept-23
Rev 2 - 3-Nov-23
SANDYTOWN fROA0 5LJBpIVI5I-}N. STRAFFORDVILLE
MUNICIPALITY OF BAYHAM
ESTIMATED CONSTRUCTION COSTS
SUMMARY OF SCHEDULES
SCHEDULE 1 PHASE 1
SCHEDULE 2 PHASE 2
$1,128,000
$1,1S8,000
TOTAL ESTIMATED CONSTRUCTION COST $2
,286,000
Cameron Oiuett, P. Eng.
CYRILJ. DEMEYERE LIMITED,
CONSULTING ENGINEERS,
TILLSONBURG, ONTARIO.