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Home My WebLink AboutFebruary 06, 2025 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, February 6, 2025 7:00 p.m. The February 6, 2025 Council Meeting will allow for a hybrid meeting function. You may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. PRESENTATIONS 6. DELEGATIONS A. Daniel Segal re Municipal Housing Development B. Ashley Preveff re Chickens in Residential Areas 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held January 16, 2025 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council 11. PHYSICAL SERVICES – EMERGENCY SERVICES 11.1 Correspondence 11.1.1 Receive for Information 11.1.2 Requiring Action 11.2 Reports to Council 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION Council Agenda February 6, 2025 2 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Passing re Zoning By-law Amendment ZBA-26/24 Weber B. Notice of Passing re Zoning By-law Amendment ZBA-28/24 Abell C. Notice of Passing re Zoning By-law Amendment ZBA-29/24 Gloin & Grube D. Notice of Public Meeting re Proposed Minor Variance A-01/25 Heimbuch E. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-03/25 Underhill Farms Ltd. 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-06/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Follow-Up to Minister’s Letter dated November 28, 2025 re Additional Residential Units (ARUs) B. Report DS-07/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Parkland Dedication and/or Cash-in-Lieu of Parkland Dedication C. Report DS-08/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Site Plan Control By-law D. Report DS-09/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Vienna Ridge Subdivision Agreement – Draft Plan of Subdivision 34T-BA2201 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Elgin County re January 14, 2025 From the Council Chambers B. Elgin County re January 28, 2025 From the Council Chambers C. Western Ontario Warden’s Caucus re New Chair Announcement D. Long Point Region Conservation Authority re Extension of Minister’s Direction for Conservation Authority Development Fees E. County of Frontenac re Increasing Tile Loan Limit F. Town of Halton Hills re Sovereignty of Canada 13.1.2 Requiring Action A. Jude McHugh and Tina Berdan re Mikel Gould Project 13.2 Reports to Council Council Agenda February 6, 2025 3 A. Report TR-01/25 by Lorne James, Treasurer re 2024 Public Sector Salary Disclosure Act (PSSDA) B. Report TR-02/25 by Lorne James, Treasurer re 2024 Council Remuneration and Expenses C. Report TR-03/25 by Lorne James, Treasurer re Updated Cemeteries By-law D. Report CAO-04/25 by Thomas Thayer, CAO re Letter of Support – Canada Housing Infrastructure Fund (CHIF) E. Report CAO-05/25 by Thomas Thayer, CAO re Bayham Community Strategic Plan Progress – 2024 F. Report CAO-10/25 by Thomas Thayer, CAO re Transfer Payment Agreement – Community Emergency Preparedness Grant 14. BY-LAWS A. By-law No. 2025-006 Being a by-law for the management, regulation and control of cemeteries B. By-law No. 2025-007 Being a by-law to require the conveyance of land for a park or other public recreational purposes and/or cash-in-lieu of parkland dedication as a condition of development or redevelopment C. By-law No. 2025-008 Being a by-law designating the area within the territorial limits of the Municipality of Bayham as subject to site plan control and to delegate Council’s powers pursuant to the provisions of the Planning Act and otherwise establishing regulations and procedures for obtaining approval for development within the said Municipality of Bayham as an area subject to site plan control D. By-law No. 2025-009 Being a by-law to authorize the signing of a subdivision agreement between William Redecop, Henry Redecop, Jacob Redecop, Peter Wiebe and the Municipality of Bayham, to provide for the development of a plan of subdivision known as the Vienna Ridge Subdivision (34T-BA2201) E. By-law No. 2025-010 Being a by-law to authorize the execution of a transfer payment agreement between his Majesty the King in Right of Ontario and the Corporation of the Municipality of Bayham for the Community Emergency Preparedness Grant 15. UNFINISHED BUSINESS 16. OTHER BUSINESS A. Draft Minutes of the Waterfront Advisory Committee Meeting held January 20, 2025 B. Draft Minutes of the Museum Advisory Committee Meeting held January 22, 2025 C. Waterfront Advisory Committee Recommendations to Council Council Agenda February 6, 2025 4 16.1 In Camera A. Confidential Item re Labour relations, employee negotiations; A position, plan, procedure, criteria or instruction to be applied to any negotiations on or to be carried on by or on behalf of the Municipality of Local Board (CUPE) B. Confidential Item re Security of municipal property (Facilities) C. Confidential Item re Personal matters about an identifiable individual; Labour relations, employee negotiations (Human Resources) D. Confidential Item re Labour relations, employee negotiations (Compensation) 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2025-011 Being a by-law to confirm all actions of Council 18. ADJOURNMENT WELCOME TO YOUR NEW SUSTAINABLE HOME Innovative.Affordable.Energy-efficient Segal Construction is committed to addressing Ontario’s housing crisis by building affordable, energy-efficient homes through innovative public- private partnerships. In alignment with Bill 23, More Homes Built Faster Act, we are delivering homes at or below Ontario’s Affordable Purchase Price for detached homes, supporting the province's goal of 1.5 million new homes by 2031. Our goal is to provide attainable housing for first- time buyers, retirees, and workers. WELCOME TO YOUR NEW SUSTAINABLE HOME Innovative.Affordable.Energy-efficient First-time buyers Accessible, affordable homes designed to help buyers enter the housing market. 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IF YOUR COUNCIL IS INTERESTED IN BEING PART OF THIS MOVEMENT, I WOULD APPRECIATE A COMMITMENT IN ONE OR MORE OF THE FOLLOWING AREAS: WELCOME TO YOUR NEW SUSTAINABLE HOME Innovative.Affordable.Energy-efficient Support by adopting flexible bylaws to streamline development,modeled after successful strategies from municipalities south of the border. Facilitating Construction: Providing access to serviced or unserviced land that is suitable for the project. Access to Land: THE ASK WELCOME TO YOUR NEW SUSTAINABLE HOME Innovative.Affordable.Energy-efficient THE ASK A commitment to provide or finance essential community services such as roads,drainage, street lighting,and electrical infrastructure. Given the unpaid time invested in developing this scalable model,I request mutual NDAs to protect intellectual property and sensitive information shared during our discussions. Mutual Non-Disclosure Agreements (NDA): WELCOME TO YOUR NEW SUSTAINABLE HOME Innovative.Affordable.Energy-efficient Contact Us Today To learn more to explore how your municipality can partner with us and bring this innovative housing solution to your community, contact our sales team: Daniel Segal –Builder / Owner Phone: 647-773-7946 Email: Torontolaneway@gmail.com Web:www.segalconstruction.ca Contact Us THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, January 16, 2025 6:00 p.m. The January 16, 2025 Council Meeting will allow for a hybrid meeting function. You may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel The January 16, 2025 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON *departed at 8:45 pm DAN FROESE *departed at 8:45 pm SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL TREASURER LORNE JAMES CHIEF BUILDING OFFICIAL SCOTT SUTHERLAND BY-LAW ENFORCEMENT OFFICER MARK RUSSELL MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS FIRE CHIEF HARRY BARANIK 1. CALL TO ORDER A. Procedural Motion to Amend Start Time Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the January 16, 2025 Regular Meeting of Council be permitted to start at 6:00 p.m. in accordance with section 4.2.1 of the Municipality’s Procedural By-law. CARRIED Mayor Ketchabaw called the meeting to order at 6:01 pm. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. Council Minutes January 16, 2025 2 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 16.1 B Confidential Item re Labour relations; employee negotiations (Administration) 4. ANNOUNCEMENTS Councillor Chilcott announced that the Bayham Historical Society is hosting Mike Baker to talk about Barn Quilts on January 25th from 2 – 4 pm at the Edison, Vienna and Area Museum. Mayor Ketchabaw welcomed everyone to the first meeting of 2025 and congratulated Manager of Public Works Steve Adams for recently moving up to the Intermediate level of his Certified Road Supervisor designation through AORS. 5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held December 19, 2024 B. Statutory Planning Meeting held December 19, 2024 Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the minutes from the Regular Meeting of Council held December 19, 2024 and the minutes from the Statutory Planning Meeting held December 19, 2024 be approved as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM One (1) member of the public spoke to item 11.2 A. One (1) member of the public spoke to items 13.1.1 F and 13.2 C. 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council 11. PHYSICAL SERVICES – EMERGENCY SERVICES 11.1 Correspondence Council Minutes January 16, 2025 3 11.1.1 Receive for Information 11.1.2 Requiring Action 11.2 Reports to Council A. Report BL-01/25 by Mark Russell, By-law Enforcement Officer re Port Burwell East Beach – Paid Parking Options Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report BL-01/25 re Port Burwell East Beach – Paid Parking Options be received; AND THAT staff be directed to implement a 2025 pilot program with a daily rate for non- residents of $4/hour or $18/day and the availability for residents to obtain a $0 resident permit; AND THAT staff be directed to establish a reserve fund for net proceeds from the pilot program. CARRIED The Council Meeting recessed at 7:38 pm and resumed at 7:49 pm. 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Decision re Minor Variance A-23/24 Augustine Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT item 12.1.1 A be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DR-01/25 by Steve Adams, Manager of Public Works/Drainage Superintendent re 2024 4th Quarter Drainage Report Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report DR-01/25 re 2024 4th Quarter Drainage Report be received for information. CARRIED Council Minutes January 16, 2025 4 B. Report DS-01/25 by Scott Sutherland, Chief Building Official re 2024 4th Quarter Building Report Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Report DS-01/25 re 4th Quarter Building Report be received for information. CARRIED C. Report DS-02/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-26/24 Weber Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-02/25 regarding the Weber rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held December 19, 2024 associated with this application, there were no written submissions and no oral presentations regarding this matter and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Quinn Weber identified as 53867 Heritage Line from Hamlet Residential (HR) to Site-specific Hamlet Residential (HR-17) Zone to satisfy a condition of Consent E27-24; AND THAT Zoning By-law No. Z795-2025 be presented to Council for enactment. CARRIED D. Report DS-03/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-28/24 Abell Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-03/25 regarding the Abell rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that one agency comment was received and at the public participation meeting held December 19, 2024 associated with this application, there were no public written submissions and one oral presentation by the appointed agent regarding this matter and that all considerations were taken into account in Council’s decision passing this resolution; Council Minutes January 16, 2025 5 AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Barb and Kevin Abell identified as 54437 Vienna Line from Agricultural (A1) to a Site-specific Agricultural (A1-50) Zone to facilitate the construction of an ARU on the property requiring relief from:  Section 4.59 e) to permit an ARU with a Maximum Gross Floor Area that is 74% (139.4 m2 or 1,500.5 ft2 in size) of the primary dwelling unit (188.0 m2 or 2,023.6 ft2 in size), whereas 40% (75.2 m2 or 809.4 ft2) is required; and,  Section 4.59 f) to permit an ARU that is located 61.1 metres (200.1 ft.) from the primary dwelling unit, whereas 40.0 metres (131.2 ft.) is required. AND THAT Zoning By-law No. Z796-2025 be presented to Council for enactment. CARRIED E. Report DS-04/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-29/24 Gloin and Grube Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report DS-04/25 regarding the Gloin and Grube rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held December 19, 2024 associated with this application, there were no public written submissions and one oral presentation by the appointed agent regarding this matter and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on the lands owned by William Gloin and Lila Grube identified as 56704 Eden Line from Hamlet Residential (HR) Zone to a Site-specific Hamlet Residential (HR-18) Zone to permit the construction of an accessory detached garage on the subject property for the storage of a recreational vehicle (mobile home) and personal belongings requiring relief from:  Section 9.5.1 to permit a Maximum Accessory Building Height of 5.3 metres (17.4 ft.), whereas 4.5 metres (14.8 ft.) is required; and,  Section 9.7 to permit a Maximum Floor Area for an Accessory Building of 93.0 m2 (1,001.0 ft2), whereas 75.0 m2 (807.3 ft2) is required. AND THAT Zoning By-law No. Z797-2025 be presented to Council for enactment. CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence Council Minutes January 16, 2025 6 13.1.1 Receive for Information A. City of Stratford re Respecting Local Democracy and Cities B. Municipality of Kincardine re Property Taxation Implications Related to Non-Market Valuation of Electricity Industry Properties C. Municipality of South Huron re Heritage Advisory Committee D. City of Woodstock re Children’s Aid Society E. Emergency Management Ontario re Proposed Amendments to Modernize the Emergency Management and Civil Protection Act F. Elgin County re December 12, 2024 County Council Highlights G. Long Point Region Conservation Authority re December 5, 2024 Meeting Minutes Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT items 13.1.1 A – G be received for information. CARRIED 13.1.2 Requiring Action 13.2 Reports to Council A. Report CAO-01/25 by Thomas Thayer, CAO re Transfer Payment Agreement – Fire Protection Grant Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report CAO-01/25 re Transfer Payment Agreement – Fire Protection Grant be received for information; AND THAT Council authorizes the Chief Administrative Officer and Mayor to execute a Transfer Payment Agreement between His Majesty the King, in Right of Ontario, as represented by the Solicitor General and the Municipality of Bayham for the Fire Protection Grant program. CARRIED B. Report CAO-02/25 by Thomas Thayer, CAO re Agreement for Residential Waste Management Collection Services – Norfolk Disposal Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report CAO-02/25 re Agreement – Residential Waste Management Collection Services – Norfolk Disposal be received for information; Council Minutes January 16, 2025 7 AND THAT Council authorizes the Chief Administrative Officer and Mayor to execute an Agreement between Municipality of Bayham and Norfolk Disposal for residential waste management collection services; AND THAT the appropriate authorizing by-law be brought forward for Council’s consideration. CARRIED C. Report CAO-03/25 by Thomas Thayer, CAO re Method of Procurement – Capital Item FA- 02 – Facility Audits Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-03/25 re Method of Procurement – Capital Item No. FA-02 – Facility Audits be received for information; AND THAT staff be directed to issue an RFP for Capital Item No. FA-02 – Facility Audits. CARRIED 14. BY-LAWS A. By-law No. 2025-001 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Environmental E360 Solutions Ltd. for the portable washroom supply, placement and cleaning B. By-law No. 2025-002 Being a by-law to adopt a social media policy C. By-law No. 2025-003 Being a by-law to authorize the execution of a transfer payment agreement between His Majesty the King in Right of Ontario and the Corporation of the Municipality of Bayham for the fire protection grant program D. By-law No. 2025-004 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Norfolk Disposal for residential waste management collection services E. By-law No. Z795-2025 Being a by-law to amend By-law No. Z456-2003, as amended – Weber F. By-law No. Z796-2025 Being a by-law to amend By-law No. Z456-2003, as amended – Abell G. By-law No. Z797-2025 Being a by-law to amend By-law No. Z456-2003, as amended – Gloin Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler Council Minutes January 16, 2025 8 THAT By-law Nos. 2025-001, 2025-002, 2025-003, 2025-004, Z795-2025, Z796-2025 and Z797-2025 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the Council do now rise to enter into an “In Camera” Session at 8:40 p.m. to discuss: A. Confidential Item re Educational or training session (By-law Enforcement) B. Confidential Item re Labour relations; employee negotiations (Administration) CARRIED 16.2 Out of Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Council do now rise from the “In Camera” Session at 10:03 p.m. and report on Confidential Item re Educational or training session (By-law Enforcement), and Confidential Item re Labour relations; employee negotiations (Administration). CARRIED Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Confidential Item re Educational or training session (By-law Enforcement) be received for information. CARRIED Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Confidential Item re Labour relations; employee negotiations (Administration) be received for information; AND THAT staff proceed as directed. CARRIED Council Minutes January 16, 2025 9 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2025-005 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confirming By-law No. 2025-005 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 10:05 p.m. CARRIED MAYOR CLERK ZBA-26/24 PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z795-2024 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: QUINN WEBER LOCATION: 53867 HERITAGE LINE, RICHMOND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z795-2024 on the 16th day of January 2025 under Section 34 of the Planning Act. AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 6th day of February 2025 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-17)’ Zone to permit a reduced Lot Frontage of 19.9 metres and a reduced Lot Area of 755.0 m2. The portion of the lands to be rezoned only pertains to the Retained Lot (Parcel ‘E’) as part of the Consent Application (E27-24) that was approved by the Elgin Land Division Committee. The subject property is known as 53867 Heritage Line, south side, and east of Richmond Road. THE EFFECT of this By-law is to permit a reduced Minimum Lot Frontage and Minimum Lot Area for the proposed Retained Lot (Parcel ‘E’) as part of clearing the Consent Conditions of Approval for Elgin Land Division Committee file number E27-24 that was Conditionally Approved on April 24th, 2024. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection by contacting the municipal office. Dated at the Municipality of Bayham this 17th day of January 2025. NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca Hamlet of Richmond ZBA-28/24 PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z796-2025 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: B. & K. ABELL 54437 VIENNA LINE TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No. Z796-2025 on the 16th day of January 2025 under Section 34 of the Planning Act. AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 6th day of February 2025 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-50)’ Zone to facilitate the development of a detached accessory building for an Additional Residential Unit (ARU), seeking relief from the following provisions: • Section 4.59.e) to permit an ARU with a Maximum Gross Floor Area that is 74% (139.4 m2 or 1,500.5 ft2 in size) of the primary dwelling unit (188.0 m2 or 2,023.6 ft2 in size), whereas 40% (75.2 m2 or 809.4 ft2) is required; and, • Section 4.59.f) to permit an ARU that is located 61.1 metres (200.1 ft) from the primary dwelling unit, whereas 40.0 metres (131.2 ft) is required. The subject property is known as 54437 Vienna Line, south side, and east of Woodworth Road. THE EFFECT of this By-law is to facilitate the development a detached accessory building for an ARU that exceeds the maximum permitted floor area and the maximum distance from the primary dwelling unit. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection by contacting the municipal office. DATED at the Municipality of Bayham this 17th day of January 2025. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals- process/fee-chart/ or contact the Municipality. ZBA-29/24 PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z797-2025 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: W. GLOIN AND L. GRUBE 56704 EDEN LINE, EDEN TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No. Z797-2025 on the 16th day of January 2025 under Section 34 of the Planning Act. AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 6th day of February 2025 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-18)’ Zone to permit the development of an accessory detached garage on the subject property for the storage of a mobile home trailer and personal belongings, which requires relief from the following provisions: • Section 9.5.1 to permit a Maximum Height of 5.3 metres (17.4 ft), whereas 4.5 metres (14.8 ft) is required; and, • Section 9.7 to permit a Maximum Floor Area of 93.0 m2 (1,001.0 ft2), whereas 75.0 m2 (807.3 ft2) is required. The subject property is known as 56704 Eden Line, north side, and west of Plank Road. THE EFFECT of this By-law is to permit a new accessory building (detached garage) that exceeds the Maximum Height and Maximum Floor Area requirements for the the storage of a mobile home trailer and personal belongings. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection by contacting the municipal office. DATED at the Municipality of Bayham this 17th day of January 2025. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality. CAO-01/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: BOB HEIMBUCH LOCATION: 4920 PLANK ROAD TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (COA-01/25). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on February 6th, 2025 at 6:45pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the Planning Act. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for the development of a new accessory building on the subject property located at 4920 Plank Road, north of Glen Erie Line and south of Tunnel Line and the village of Vienna: • Section 4.2 f) ii) to permit a Maximum Total Floor Area of 321 m2, whereas 200.0 m2 is permitted for non-agricultural accessory uses on a property of 0.4ha or more, zoned Agricultural. THE EFFECT of this variance is to permit an increased Floor Area for a new accessory building (workshop) for the purpose of running a home business providing home renovations and woodworking. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 9:00 am on January 31st, 2025 to be included in the Committee of Adjustment agenda. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. Dated at the Municipality of Bayham this 23rd day of January, 2025. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: February 6, 2025 REPORT: DS-06/25 FILE NO. C-07 SUBJECT: Follow-Up to Minister’s Letter, dated November 28, 2024 Re: Additional Residential Units (ARUs) BACKGROUND At the December 12, 2024 Council Meeting, Council received correspondence, dated November 28, 2024, from the Minister of Municipal Affairs and Housing regarding Additional Residential Units (ARUs). The correspondence was included on the December 12, 2024 Agenda as Item 13.1.1 G. Council passed the following motion: Moved by: Councillor Emerson Seconded by: Councillor Froese THAT items 13.1.1 A – L be received for information; AND THAT the Municipality of Bayham supports item 13.1.1 A; AND THAT staff be directed to report back with further information contained in the correspondence of item 13.1.1 G. DISCUSSION As per Council direction, our Arcadis Planning Consultant was requested to review the Minister’s letter and prepare a planning memorandum to provide further information regarding the policies surrounding ARUs. The memorandum, dated January 15, 2025, is attached for Council’s information. STRATEGIC PLAN Not applicable. Staff Report DS-06/25 2 ATTACHMENTS 1. Ministry of Municipal Affairs and Housing re Additional Residential Units, dated November 28, 2024 (Item 13.1.1 G December 12, 2024 Regular Agenda) 2. Arcadis Memorandum, dated January 15, 2025 RECOMMENDATION THAT Report DS-06/25 regarding the Ministry of Municipal Affairs and Housing re Additional Residential Units, dated November 28, 2024, be received for information. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer …/2 234-2024-5434 November 28, 2024 Dear Head of Council: Through the More Homes Built Faster Act, 2022, changes were made to the Planning Act to accelerate implementation of the province’s additional residential unit (ARU) framework. These changes allowed “as-of-right” (without the need to apply for a rezoning) the use of up to 3 units per lot in many existing residential areas (i.e., up to 3 units allowed in the primary building, or up to 2 units allowed in the primary building and 1 unit allowed in an ancillary building such as a garage). To support implementation of ARUs, the Cutting Red Tape to Build More Homes Act, 2024, made further changes to the Planning Act to provide me, as the Minister of Municipal Affairs and Housing, with broader regulation-making authority to remove municipal zoning by-law barriers that may be limiting the development of ARUs. Following consultation on the Environmental Registry of Ontario, our government has taken further action to tackle the housing supply crisis and reach our goal of building more homes by amending Ontario Regulation 299/19 – Additional Residential Units to remove certain municipal zoning by-law barriers. These changes took effect upon filing. These changes will help to facilitate the creation of ARUs, such as basement suites and garden suites, by eliminating barriers including maximum lot coverage, angular planes, floor space index (FSI), minimum separation distances and minimum lot sizes on parcels of urban residential land subject to the ARU framework in the Planning Act. More information on these changes can be found through Environmental Registry of Ontario posting 019- 9210. It is my expectation that municipalities will respect these regulatory changes and the intent behind them. I will not hesitate to use my available powers to ensure these changes to the Planning Act are allowed to support our goal of building more homes. Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto (Ontario) M7A 2J3 Tél. : 416 585-7000 -2- We will continue working with our municipal partners to achieve our goal of building the homes that Ontarians need. Sincerely, Hon. Paul Calandra Minister of Municipal Affairs and Housing c. Martha Greenberg, Deputy Minister Jessica Lippert, Chief of Staff to Minister Calandra Chief Administrative Officer Office of The Clerk 106-420 Wes Graham Way Waterloo, ON, N2L 0J6 Memorandum To/Attention Municipality of Bayham Date January 15, 2025 From Jeff Henry, RPP, MCIP Project No 3404 cc Subject Ministry of Municipal Affairs and Housing Letter on Revised Additional Residential Unit Regulations Summary for Municipality of Bayham Council 1. On December 12, 2024, Council received a letter to Heads of Council from the Ministry of Municipal Affairs and Housing (MMAH) dated November 28, 2024, regarding updates to regulations for Additional Residential Units (ARUs) under O. Reg. 299/19 and directed municipal staff to provide further information. 2. Based on the following summary, no action is required by Council or the Municipality at this time. The Official Plan Review will streamline ARU policies. After the Official Plan Review concludes, a Comprehensive Zoning By-law Review will be required, which will fully align ARU regulations with the Planning Act and O. Reg. 299/19. 3. Through the More Homes Built Faster Act, 2022 (Bill 23), the Province allowed the use of up to 3 units per lot on “parcels of urban residential land” “as-of-right” (one primary dwelling and up to two ARUs). ARUs may be in the same building as the primary dwelling. Up to 1 ARU may be in an accessory building on the same lot. “Parcels of Urban Residential Land” are lots in Settlement Areas on full municipal services that permit residential uses. 4. The Cutting Red Tape to Build More Homes Act, 2024 (Bill 185) provided expanded regulation-making authority to the Minister of Municipal Affairs and Housing to remove additional municipal zoning barriers to the development of ARUs by providing standards. As of November 20, 2024, O. Reg. 299/19, the Minister has added standards for minimum lot sizes, maximum lot coverage, floor space index, angular plans, and minimum separation distances to existing standards for minimum parking. 5. The Bayham Official Plan currently permits up to two ARUs on fully serviced municipal residential lots and up to one ARU on partial services. These policies meet provincial policies and regulations for parcels of urban residential land. As part ARCADIS MEMORANDUM Municipality of Bayham – January 15, 2025 2 of the ongoing Official Plan Review, the first draft Official Plan streamlines ARU policies with the Planning Act and further updates ARU policies on agricultural lands to align with the new Provincial Planning Statement, 2024. 6. The Bayham Zoning By-law was updated through amendment Z789-2024 to permit up to two ARUs on a lot. The new provincial standards have the effect of increasing maximum lot coverage in the Village Residential 1 (R1) zones where an ARU is present and full municipal services are available (i.e. in most of Vienna and Port Burwell). 7. Further review of the Zoning By-law for conformity with the Planning Act and O. Reg. 299/19 will be included as part of the Comprehensive Zoning By-law Review that will follow the Official Plan Review. In the interim, the Municipality will review Planning Act applications or Building Permit applications where ARUs are proposed or present on parcels of urban residential land with reference to both the Zoning By- law and the Planning Act and O. Reg. 299/19, with the latter prevailing in the event of a conflict. 8. For Council’s reference, since September 3, 2019, O. Reg. 299/19 has provided that no more than one parking space may be required by municipalities for an ARU and that the parking space may be provided in tandem. Further, if the primary residential unit is not required to provide parking, no parking can be required for the ARU. As of November 20, 2024, O. Reg. 299/19 provides that the existing parking space standards apply to the up to two as-of-right ARUs along with the following new zoning standards for those ARUs on “parcels of urban residential land”: a. Minimum Lot Sizes regulations on any given parcel are the same whether up to two ARUs are present or not, b. Maximum Lot Coverage regulations may not be lower than 45% where up to two ARUs are present, c. Floor Space Index of buildings and structures on a parcel are not limited except indirectly through maximum height and minimum setback regulations where up to two ARUs are present, d. Angular Plane regulations cannot be used to limit the height of buildings and structures where up to two ARUs are present, and e. Minimum Separation Distance regulations between buildings and structures with residential units on the parcel cannot be greater than 4 metres. Arcadis Professional Services (Canada) Inc. Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: February 6, 2025 REPORT: DS-07/25 FILE NO. C-07 / C-01 SUBJECT: Parkland Dedication and/or Cash-in-Lieu of Parkland Dedication Draft By-law No. 2025-007 BACKGROUND: The implications of the Provincial planning policy changes resulting from the More Homes Built Faster Act, 2022 (Bill 23) necessitates the Municipality to make amendments to the Municipality of Bayham Official Plan, Zoning By-law, Parkland By-law and Site Plan Control By-law. Bayham OPA No. 34, approved by the County on November 14, 2023, made the necessary amendments to the Municipality of Bayham Official Plan. Zoning By-law No. Z789-2024, approved by Council on September 5, 2024, made the related amendments to the Municipality of Bayham Comprehensive Zoning By-law No. Z456-2003. Through this Report, staff are proposing to amend the Municipality’s Parkland Dedication and/or Cash in-lieu of Parkland Dedication By-law No. 2020-053 being a by-law to require the conveyance of land for a park or other public recreational purposes and/or cash-in-lieu of parkland dedication as a condition of development or redevelopment passed on May 21, 2020. DISCUSSION Bayham Official Plan Section 8.18 Parkland Dedication provides for the municipality to acquire parkland dedication or cash-in-lieu of parkland for development in the municipality to develop parks and open space areas. Where Council deems lands to be unsuitable for parks, sections 42 and 51 of the Planning Act allow municipalities to accept Cash-In-Lieu of parkland dedication (CIL), equal to the value of the land that would otherwise be conveyed. Official Plan Section 8.18 as amended through approved OPA No. 34: 8.18 Parkland Dedication In order to acquire and develop parks and open space areas, the Municipality shall require parkland dedication and cash-in-lieu of parkland in accordance with the following policies: Staff Report DS-07/25 Cash-in-Lieu Parkland 2 8.18.1 A dedication of five percent of the gross area of land proposed for development or redevelopment and/or a dedication rate of one hectare per 600 units at a maximum rate of 1 hectare per 1,000 units or the equivalent cash-in-lieu, of the gross area of lands being subdivided for residential purposes. 8.18.2 A dedication of two percent of the gross area of land proposed for development or redevelopment or the equivalent cash-in-lieu, of the gross area of lands being subdivided for commercial and industrial purposes. 8.18.3 Where land in a draft plan of subdivision is to be used for any use other than residential, industrial or commercial purposes, Council may require conveyance of land for park purposes or equivalent cash-in-lieu at a rate of five percent (5%) of the gross area of the land proposed for development. 8.18.4 The monies received from cash in lieu payments may be used to purchase park and open space areas elsewhere in the Municipality or, for any other public recreational purpose. 8.18.5 The Municipality may accept cash-in-lieu of the land dedication to be paid into a special account and used as specified in the Planning Act. Council will consider cash-in-lieu of parkland dedication under the following circumstances: a) Where the required land dedication fails to provide an area of suitable shape, size or location for development as public parkland; b) Where the required dedication of land would render the remainder of the site unsuitable or impractical for development; and/or, c) Where it is preferable to have consolidated parkland of a substantial size servicing a wide area. 8.18.6 Where new development or redevelopment is proposed on a site, part of which has physical limitations or hazards, then such land shall not necessarily be acceptable as part of the land dedication under the Planning Act. All land dedicated to the Municipality shall be conveyed in a physical condition satisfactory to the Municipality, and shall meet minimum standards in terms of drainage, grading and general condition. Currently the municipality collects cash-in-lieu of parkland in the amount of $2000 per lot as a condition of consent for the creation of a residential lot. Staff is recommending this amount be increased to a fixed rate of $2500 to reflect inflationary increases. Draft Plans of Subdivision are considered specifically upon application to determine whether parkland dedication or cash-in- lieu of parkland is most appropriate. Staff provide the attached draft by-law for Council’s consideration to implement Bill 23 changes in regards to Parkland Dedication and/or Cash-in-lieu of Parkland Dedication policies. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not Applicable. Staff Report DS-07/25 Cash-in-Lieu Parkland 3 ATTACHMENTS: 1. Draft By-law No. 2025-007 RECOMMENDATION THAT Report DS-07/25 regarding the Cash-in-Lieu of Parkland Dedication be received for information; AND THAT By-law No. 2025-007, being a by-law that requires the Conveyance of Land for a Park or other Public Recreational purposes and/or Cash-in-Lieu of Parkland Dedication as a condition of development or redevelopment, be presented for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW No. 2025-007 BEING A BY-LAW TO REQUIRE THE CONVEYANCE OF LAND FOR A PARK OR OTHER PUBLIC RECREATIONAL PURPOSES AND/OR CASH-IN-LIEU OF PARKLAND DEDICATION AS A CONDITION OF DEVELOPMENT OR REDEVELOPMENT. WHEREAS Sections 42, 51.1 and 53 of the Planning Act, RSO 1990, Chapter P.13, as amended, authorizes the enactment of by-laws respecting the conveyance to the Council of the Corporation of the Municipality of Bayham of land for park or other public recreational purposes as a condition of development or redevelopment of land within the Municipality; AND WHEREAS the Council of the Corporation of the Municipality of Bayham has established an Official Plan that contains specific policies with respect to the provision of lands for park or other public recreational purposes and this By-law is intended to be in conformity with such policies; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: Definitions 1) THAT for the purposes of this By-Law, the following definitions shall apply: “Act” shall mean the Planning Act, as amended; “Cash-in-lieu” shall mean the payment of funds equivalent to the value of the amount of land that the Municipality would otherwise have been entitled to acquire for park or other public recreational purposes as part of a development; “Consent” means the process referred to in Section 53 of the Act; “Development”, which includes redevelopment, means the construction, erection, or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, including the addition of a second or third dwelling unit or the addition of a residential dwelling unit to a commercial building accessory to the commercial use; “Mixed-Use” shall mean the use of land, buildings and structures intended and designed to contain both residential and non-residential uses within the same building or on discrete portions of the same property; “Municipality” shall mean the Corporation of the Municipality of Bayham; “Public Use” shall mean the use of lands for public purposes by a public authority including a Federal, Provincial, County or municipal government, a publicly-funded school, or a publicly-assisted college or university. “Subdivision” shall mean the process referred to in Section 51 of the Act. Geographic Applicability 2) THAT this by-law applies to Development within the geographic boundaries of the Municipality of Bayham. Official Plan Policy and Dedication Rates 3) THAT parkland dedication and/or cash-in-lieu of parkland shall be required for Development in accordance to the Municipality of Bayham Official Plan Section 8.18 Parkland Dedication policy and rates, as attached hereto as Schedule “A”, subject to the following modifications where applicable in accordance with the Act: (a) For the purpose of calculating the dedication rate in accordance to the Municipality of Bayham Official Plan Section 8.18.1, the number of units shall be determined by subtracting the number of residential units on the land immediately before the proposed Development from the number of residential units that will be on the land after the proposed Development. (b) Where the Development will include affordable residential units or attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, or residential units described in subsection 4.3(2) of that Act, the amount of land to be dedicated shall be five percent of the gross area of land proposed for Development multiplied by the ratio of A to B where, “A” is the number of residential units that are part of the Development but are not affordable residential units, attainable residential units or residential units described in subsection 4.3 (2) of the Development Charges Act, 1997; and “B” is the number of residential units that are part of the Development. Timing of Land Conveyance 4) THAT the conveyance of land for public park or other public recreational purposes pursuant to this By-law, shall be required as follows: (a) As a condition of approval of a plan of subdivision or condominium prior to the release of the plan for registration; (b) Prior to the approval of a description under Section 50 of the Condominium Act, R.S.O. 1990, Chapter c.76; (c) As a condition of approval of a consent prior to release of conditions for a consent; (d) Prior to the execution of a site plan agreement; (e) Prior to the issuance of a building permit for land proposed for Development; or (f) Otherwise in accordance with the terms of an agreement entered into between the owner of the land and the Municipality. Cash-in-Lieu of Land 5) THAT the value of land shall be determined subject to Section 42 of the Act: (a) As of the day before the day of the issuance of the building permit in respect of the Development, or, where more than one building permit is required for the Development, as of the day before the day of the issuance of the first building permit. (b) In the case of a consent for residential purposes, or in the case of a consent for commercial or industrial purposes, prior to the issuance of the building permit in respect of the Development, or, where more than one building permit is required for the Development, as of the day of the issuance of the first building permit, the owner is required to convey payment of Cash-in-lieu in accordance with the following: (i) the payment collected by the Municipality in the amount payable provided for on Schedule ”B” of this By-law, or any amending By-law; or, (ii) the owner has the option to retain an independent accredited real-estate appraiser to provide an opinion of value, conducted to the satisfaction of the municipal staff, with all costs associated with the appraisal to be borne by the owner of the property, in accordance to the rates provided for on Schedule “A” to this By-law, or any amending By-law. Timing of Payment 6) THAT for a subdivision, condominium, consent, site plan or building permit, cash-in-lieu of parkland shall be paid prior to the issuance of a building permit. 7) THAT for consents provisionally approved prior to the passing of this By-law, and where a condition has been imposed requiring the payment of Cash-in-lieu, Cash-in-lieu shall be collected by the Municipality in the amount payable provided for on Schedule “B” of this By-law, or any amending By-law, and paid in accordance with the imposed condition. Credit for Previous Conveyance or Cash-in-Lieu 8) THAT in accordance with Section 42(7) of the Act, land and/or cash-in-lieu required to be conveyed and/or paid to the Municipality for park or other public recreation purposes pursuant to this by-law shall be reduced by the amount of land or cash-in-lieu previously received by the Municipality pursuant to sections 42, 51.1 or 53 of the Act in respect of subsequent development, except where the amount of land or cash-in-lieu previously received was conveyed and/or paid in respect to the number of residential units on the land immediately before the proposed Development that shall already be reduced pursuant to Section 3 (a) of this By-law. Exemptions 9) THAT notwithstanding any other provisions of this By-law, this By-law shall not apply to any of the following: (a) Where the proposed Development, pursuant to section 41 or 51 of the Act, is for a Public Use as defined in this By-law; (b) Where the Development consists of making an addition or alteration to a residential building, provided the number of dwelling units within the residential building is not increased; (c) Where the Development is a non-profit housing development as defined in subsection 4.2 (1) of the Development Charges Act, 1997. (d) Where the Development consists of the erection or location of any of the following: (i) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (ii) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (iii) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. Force and Effect 10) THAT By-law No. 2020-053 for the Corporation of the Municipality of Bayham is hereby repealed in its entirety. 11) THAT this By-law shall come into force and take effect on the day of the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF FEBRUARY 2025. MAYOR CLERK SCHEDULE “A” TO BY-LAW 2025-007 Municipality of Bayham Official Plan, as amended, excerpt: 8.18 Parkland Dedication In order to acquire and develop parks and open space areas, the Municipality shall require parkland dedication and cash-in-lieu of parkland in accordance with the following polices: 8.18.1 A dedication of five percent of the gross area of land proposed for development or redevelopment and/or a dedication rate of one hectare per 600 units at a maximum rate of 1 hectare per 1,000 units or the equivalent cash-in-lieu, of the gross area of lands being subdivided for residential purposes. 8.18.2 A dedication of two percent of the gross area of land proposed for development or redevelopment or the equivalent cash-in-lieu, of the gross area of lands being subdivided for commercial and industrial purposes. 8.18.3 Where land in a draft plan of subdivision is to be used for any use other than residential, industrial or commercial purposes, Council may require conveyance of land for park purposes or equivalent cash-in-lieu at a rate of five percent (5%) of the gross area of the land proposed for development. 8.18.4 The monies received from cash in lieu payments may be used to purchase park and open space areas elsewhere in the Municipality or, for any other public recreational purpose. 8.18.5 The Municipality may accept cash-in-lieu of the land dedication to be paid into a special account and used as specified in the Planning Act. Council will consider cash-in-lieu of parkland dedication under the following circumstances: a) Where the required land dedication fails to provide an area of suitable shape, size or location for development as public parkland; b) Where the required dedication of land would render the remainder of the site unsuitable or impractical for development; and/or, c) Where it is preferable to have consolidated parkland of a substantial size servicing a wide area. 8.18.6 Where new development or redevelopment is proposed on a site, part of which has physical limitations or hazards, then such land shall not necessarily be acceptable as part of the land dedication under the Planning Act. All land dedicated to the Municipality shall be conveyed in a physical condition satisfactory to the Municipality, and shall meet minimum standards in terms of drainage, grading and general condition. SCHEDULE “B” TO BY-LAW 2025-007 1. Cash-in-Lieu of consents for residential purposes: In the case of a consent pursuant to Section 53 of the Planning Act, the payment of Cash-in-lieu of land shall be as follows: Amount $2,500.00 REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: February 6, 2025 REPORT: DS-08/25 FILE NO. C-07 / PLANNING SUBJECT: Draft Site Plan Control By-law No. 2025-008 Updated in accordance with More Homes Built Faster Act, 2022 (Bill 23) BACKGROUND The implications of the Provincial planning policy changes resulting from the More Homes Built Faster Act, 2022 (Bill 23) necessitates the Municipality to make amendments to the Municipality of Bayham Official Plan, Zoning By-law, Parkland By-law, and Site Plan Control By-law. Bayham OPA No. 34, approved by the County on November 14, 2023, made the necessary amendments to the Municipality of Bayham Official Plan. Zoning By-law No. Z789-2024, approved by Council on September 5, 2024, made the related amendments to the Municipality of Bayham Comprehensive Zoning By-law No. Z456-2003. Staff Report DS-07/25 proposes a new Parkland Dedication and/or Cash in-lieu By-law (Draft By-law No. 2025-007). Through this Report, staff are proposing changes to the Site Plan Control By-law No. 2022-046, passed June 16, 2022. These changes in accordance with Bill 23 are presented in a new draft Site Plan Control By-law No. 2025-008, which is attached hereto. DISCUSSION The changes incorporated into the draft Site Plan Control By-law No. 2025-008 are listed below:  Additional language to Section 2(e) in accordance with O. Reg 254/23  Additional language to Section 3 (2) (a) in accordance with OP Section 8.17.1.1 (a)  Additional language to Section 3 (2) (b) in accordance with OP Section 7.17.1.1 (b)  Revised wording to Section 3 (3) in accordance with OP Section 8.17.2 and 8.17.4 and Planning Act, Section 41(1.2). Staff Report DS-08/25 SPC 2  Added Section 3 (4) in accordance with OP Section 8.17.1.4 subject to Planning Act, Section 41(1.2).  Revised wording to Section 4 (1) (b) in accordance with Section 41 (4) (2) (d) of the Planning Act  Additional language to Section 4 (1) (d) to ensure the collection of securities for works on municipal property, including road allowances and municipal right-of-ways.  Added Section 4.0 (f) to ensure the collection of commenting agency review fees.  Revised wording to Section 7 in accordance with Sections 41 (7.1) and 41(7.2) of the Planning Act.  Revised wording to Section 8 in accordance with Section 41(4.0.1) of the Planning Act by updating language to reflect revised and existing language in Section 41(12) and (12.0.1) of the Planning Act.  Revised wording to Section 15 to repeal By-law No. 2022-046 Delegated authority for Site Plan approval remains with the Chief Administrative Officer in accordance with previous amendments under Bill 109, More Homes for Everyone Act, 2022. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Draft By-law No. 2025-008 Site Plan Control By-law RECOMMENDATION THAT Report DS-08/25 regarding the Bill 23 requirements for changes to the Site Plan Control By-law be received for information; AND THAT By-law No. 2025-008, being a Site Plan Control By-law, be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-008 SITE PLAN CONTROL BY-LAW BEING A BY-LAW DESIGNATING THE AREA WITHIN THE TERRITORIAL LIMITS OF THE MUNICIPALITY OF BAYHAM AS SUBJECT TO SITE PLAN CONTROL AND TO DELEGATE COUNCIL’S POWERS PURSUANT TO THE PROVISIONS OF THE PLANNING ACT AND OTHERWISE ESTABLISHING REGULATIONS AND PROCEDURES FOR OBTAINING APPROVAL FOR DEVELOPMENT WITHIN THE SAID MUNICIPALITY OF BAYHAM AS AN AREA SUBJECT TO SITE PLAN CONTROL WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS, in the Official Plan for the Municipality of Bayham, the whole of the Municipality of Bayham is described as a site plan control area; AND WHEREAS Section 41 of the Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval; AND WHEREAS Section 41 of the Planning Act, as cited above, also provides that the Council of the Municipality of Bayham may define any class or classes of development that may be undertaken without approval; AND WHEREAS Section 41 of the Planning Act, as cited above, also provides that the Council of the Municipality of Bayham shall delegate its powers or authority to a delegated official of the Corporation; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1.0 Interpretation 1. The following rules apply to interpretation of this by-law: (1) Unless otherwise defined, the words, terms, and phrases used in this by-law have their normal and ordinary meaning. (2) For purposes of interpretation only, the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F, as amended, applies to this by-law. (3) Despite the tense used in a provision; (a) Every provision of this by-law is to be applied to the circumstances as they exist at the relevant time in question; and (b) Every obligation imposed by this by-law is a continuing one so long as either the use, the circumstances, the reason for the obligation, or the events which caused, precipitated, or gave rise to the obligation continue. (4) This by-law may be cited by its long title, its short title, or by its by-law name and any citation is to be taken as meaning the by-law as amended. 2.0 Definitions 2. (1) In this by-law, unless a contrary intention is expressed: (a) “Act” means the Planning Act, R.S.O. 1990, c. P.13, as amended. (b) “Corporation” means the Corporation of the Municipality of Bayham. (c) “Council” means the Municipal Council of the Corporation. (d) "Delegated Official" means any of the appointed officers of the Corporation identified herein this by-law either by name or position occupied; (e) “Development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in Subsection 164 (4) of the Municipal Act, 2001 or Subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, or of sites for the location of three or more mobile homes as defined in Subsection 46 (1) of the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in Subsection 46 (1) of the said Planning Act but provided that the said definition of “development” does not include the placement of a portable classroom on the school site of a local school board if the school site was in existence on January 1, 2007, does not include the construction, erection or placing of a building or structure for residential purposes on a parcel of land if that parcel of land will contain no more than 10 residential units, unless the parcel of land includes any land in a prescribed area as defined in O. Reg. 254/23, and does include the construction, erection or placing of a land lease community home, as defined in Subsection 46 (1) of the said Planning Act, on a parcel of land that will contain any number of residential units. (f) “Official Plan” means the Official Plan of the Municipality of Bayham, as amended from time to time. (g) “Property”, including any portion thereof, means the land upon which development is proposed and to which the provisions of this by-law apply. (h) “Tribunal” means the Ontario Land Tribunal. 2. (2) For the purposes of the definition of “Development” as set forth in section 2 (1) (e) above: (a) an addition or alteration to a building or structure which substantially increases the size thereof shall mean; (i) save and except for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By-Law Z456-2003, as amended, or any successor by-law thereto, an increase of more than 20% of existing gross floor area; and (ii) for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By-Law Z456-2003, as amended, or any successor by-law thereto, an increase of more than 30% of existing gross floor area. (b) an addition or alteration to a building or structure which increases the usability thereof shall mean any addition or alteration to a building or structure which results in a change in the use of that building, structure or property, and includes an addition or alteration which would; (i) result in a change in the volume, intensity, or nature of noise, lighting, odor, and/or vibration generated on the property; (ii) alter the ingress to or egress from the property or a portion thereof; (iii) alter the traffic flow on or around the subject property, or a portion thereof, including but not limited to construction and installation of a “drive-thru” laneway; (iv) alter parking requirements and/or facilities for the property or a portion thereof; (v) alter hours of operation for the use or uses of such property or portion thereof; (vi) alter lot grading and/or drainage patterns, including but not limited to drainage and disposition facilities and installations, for the property or a portion thereof and which interpretation specifically applies to the alteration of the surface treatment and permeability of an existing parking lot or parking area. 3.0 Area/Development Subject to Site Plan Control 3. (1) Site Plan Control Area The whole of the Municipality of Bayham, as constituted from time to time, is hereby designated as a site plan control area. (2) Exempt Classes of Development The following classes of development may be undertaken without the approval of plans and drawings otherwise required under Subsections 41 (4) or 41 (5) of the Act, and this by-law does not apply to such classes: (a) Farm buildings and structures with the exception of farm buildings and structures that house livestock and manure; (b) Notwithstanding Section 3.2(a), the establishment of grain drying operations will be subject to site plan control where Municipal Council determines that a potential land use conflict may exist. (3) Application to Residential Dwellings Any residential dwelling shall be subject to site plan control where 11 or more residential units are proposed. The application of site plan control measures for such uses is limited to such matters as controlling the location of access, parking, grading and drainage. (4) Application to Mobile Home Parks and Seasonal Travel Trailer Parks The establishment of either a mobile home park or a seasonal travel trailer park shall be subject to site plan control where 11 or more units are proposed. 4.0 Application For Approval of Development 4. (1) Every application for a permit to construct a building or structure or an addition or alteration to a building or structure shall be accompanied by the following plans, specifications, documents, information, and items: (a) The plans referred to in Section 41 (4) (1) of the Act and in accordance to any subsequent amendments to such Section of the Act, showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction with the building or structure and all the facilities, works, and matters otherwise referred to in section 41 (7) (a) of the Act; (b) The drawings referred to in Section 41 (4) (2) of the Act, and in accordance to any subsequent amendments to such section of the Act; provided at all times that the following matters need not be addressed in such drawings as they are not subject to site plan control: (i) Interior design. (ii) Exterior design, except to the extent that it is a matter relating to exterior access to a building that will contain affordable housing units or to any part of such a building or is a matter referred to in Section 41 (4)(2)(d) of the Act. (iii) Layout of interior areas, excluding interior walkways, stairs, elevators and escalators as referred to in Section 41 (4) (2) (c) of the Act. (iv) The manner of construction and standards for construction. (c) One or more agreements with the Corporation dealing with the provisions and maintenance of the development to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in Section 41 (7) of the Act in accordance to any subsequent amendments to such section of the Act, and in accordance with the plans and drawings approved pursuant to the Act and this By-law. (d) Where required under an agreement referred to in Section 4 (1) (c) of this By-law above, security, in the form of cash, certified cheque, or letter of credit, to protect the Corporation in respect of its liability for holdback and costs pursuant to section 17 (4) of the Construction Lien Act, R.S.O. 1990, c. C. 30, as amended, and to assure satisfactory provision and maintenance of the facilities and works to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in Section 41 (7) of the Act and in accordance with the plans and drawings approved pursuant to the Act and this by-law. The security will be equal to the greater of $1000.00 or the dollar value of fifty percent (50%) the costs of all site work associated with the development, including but not limited to, asphalt, curbing, surfacing, and landscaping, and one hundred percent (100%) of the costs of all works conducted on municipal property, including road allowances and municipal right-of-ways. (e) By cash or bank draft payable to the Corporation, payment of the requisite fee as specified in the Rates and Fees By-Law for the Corporation. (f) Payment of any other Site Plan Control review fees required by commenting agencies in the manner specified by each commenting agency. 5.0 Conditions to Approval of Development/Plans 5. As a condition to the approval of the development, including plans and drawings referred to in Section 41 (4) of the Act and as otherwise anticipated in Section 4.0 of this By-law above, the owner of the property, or portion thereof, shall be required to: (1) In accordance with this By-law and at no expense to the Corporation, provide the facilities, works, or other matters referred to in Section 41 (7) (a) of the Act, in accordance to any subsequent amendments to such Section of the Act and otherwise approved by Council pursuant to this By-law; and (2) In accordance with this By-law and at the sole risk and expense of the owner of the property, or portion thereof, maintain the facilities, works, and other matters as identified in items 2 to 9 (inclusive) of Section 41 (7) (a) of the Act, in accordance to any subsequent amendments to such Section of the Act and as otherwise approved by Council pursuant to this By-law, at all times including the removal of snow from access ramps and driveways, parking and loading areas, and walkways. 6.0 Exercise of Authority to Approve 6. The exercise of the Authority to approve as contemplated by this By-law is subject to the following: (1) Council’s powers under Section 41 of the Planning Act, are hereby delegated to the Chief Administrative Officer (the “Delegated Official”) or any successor to that position, or designate thereof. (2) The Delegated Official shall approve the application contemplated by Section 4.0 hereof, including plans and drawings referred to in Section 41 (4) of the Act, and in accordance to any subsequent amendments to such section of the Act, except where: (a) The proposed facilities, works or matters depicted on the plans and drawings do not comply with any applicable policy or policies of the Official Plan or the provision or provisions of any applicable Zoning By-Law regulations; or (b) The application contemplated under Section 4.0 of this by-law, including payment of applicable fees, is incomplete. (3) As a condition to the approval of plans and drawings referred to in Section 41 (4) of the Act, the Delegated Official may require that the owner of the property, or a portion thereof, enter into one or more agreements as provided for in Section 4 (1) (c) of this By-law. (4) The Authority contemplated to be exercised pursuant to Subsections 41 (7) (b) and (c) of the Act with respect to any of the facilities, works, or matters referred to in Section 41 (7) (a) of the Act shall be exercised by the Delegated Official on the advice of staff of the Corporation. (5) The provisions of the Official Plan and Zoning By-Law shall be applied in each circumstance as it arises with such variations or modifications as the circumstances may require so long as each applicable provision is given effect according to its true intent and purpose. (6) The form or wording of the agreement shall be used in satisfaction of the requirement of Sections 4 (1) (c) and 6 (2) herein, subject to such variations or modifications as circumstances may require and only so long as the substance of any provision thereto is not changed or affected and, furthermore, any variance thereto, not being in the manner or nature of substance, does not affect the regularity of the Agreement or any part or Section thereof. 7.0 Lapsing of Approval 7. Subject to the regulations under Section 41 (7.1) and (7.2) of the Act, any approval by the delegated official of an application as contemplated hereunder, including plans and drawings referred to in Section 41 (4) of the Act, lapses, (1) Where a building permit is required for the development at the expiration of three (3) years from the date of approval if, within that three (3) year period, no building permit is issued for the development. (2) Where no building permit is required for the development, the owner of the property has failed to commence construction within three (3) years of the date of site plan approval or, alternatively and although commenced within three (3) years of the date of site plan approval, construction of the development has not been completed within four (4) years of such date of site plan approval. (3) In all cases, the lapse of an approval granted pursuant to this By-law is effective only upon written notice revoking the approval by the delegated official to the owner of the property or, where an agreement has been executed and registered as against title to the property, including a portion thereof, upon registration of a notice that the approval is revoked and the agreement is terminated. 8.0 Appeal to the Ontario Land Tribunal 8. Where the delegated official does not approve the application contemplated by Section 4.0 hereunder and/or the plans and drawings referred to in Section 41 (4) of the Act within sixty (60) days after submission to the Corporation for approval or, alternatively, where the owner of the property is not satisfied with any one or more of the requirements made by the delegated official pursuant to this By-law and Section 41 (7) of the Act, including but not limited to the terms of a Site Plan Control Agreement, the owner of the property may appeal the failure to approve the plans or drawings to the Tribunal or appeal the unsatisfactory requirements, or parts thereof, including the terms of any agreement required, to the Tribunal by filing with the Clerk of the Corporation a notice of appeal in the form required by the Tribunal and accompanied by the fee charged by the Ontario Land Tribunal. The Tribunal shall hear and determine all matters in issue in respect of such development, application, plan, drawings and agreement in accordance with its jurisdiction, authority and powers, providing at all times that the decision or decisions of the Tribunal shall, at all times, be final. 9.0 Executive Acts Authorized 9. The Mayor and the Clerk of the Corporation are hereby authorized to execute on behalf of and under the seal of the Corporation any document necessary to give further effect to the provisions of this By-law. 10.0 Development Without Approval 10. Every person who, without having first obtained delegated official approval pursuant to this By-law, including as to all plans and drawings for development of the property or a portion thereof, undertakes any development, or part thereof, on the property, contravenes Section 41 of the Act and thereby commits an offence pursuant to Section 67 thereof. 11.0 The Failure to Provide or Maintain Facilities, Works, or Other Matters 11. Every person who undertakes any development on property located in the site plan control area as designated by this By-law without providing and/or maintaining any of the facilities, works, or matters mentioned in Section 41 (7) (a) of the Act and that are required by Council of the Corporation pursuant to the said Section 41 of the Act and the provisions of this by-law contravenes the said Section 41 of the Act and thereby commits an offence pursuant to Section 67 thereof. 12.0 Failure to Enter Into Agreement 12. Every person who undertakes any development on property located within the site plan control area designated by this by-law without first entering into one or more agreements with the Corporation addressing or otherwise providing for the provision or maintenance of any facilities, works, or other matters and as required by the Corporation as a condition to the approval of development, plans, and drawings in accordance with Sections 4 (1) (c) and 6 (2) hereof and Section 41 of the Act contravenes the said Section 41 of the Act and thereby commits an offence pursuant to Section 67 thereof. 13.0 Penalty Upon Conviction 13. In addition to any penalty provided for by law for commission of an offence contrary to the Act, every person who contravenes any provision of this By-law is, upon conviction, guilty of an offence and is liable to any penalty as provided for pursuant to the Act. 14.0 Facilities, Works, or Other Matters Undertaken By Municipality 14. In default of an owner of property, in the future, providing or maintaining any one or more of the facilities, works, or other matters that are to be provided in conjunction with all buildings and structures to be erected under approval of the delegated official granted hereunder or that are otherwise referenced in Section 41 (7) (a) of the Act and that are required by the Corporation as a condition to the approval of plans or drawings referred to in Section 41 (4) of the Act, the Council may by by-law direct that such facilities, works, or matters, or any part thereof, shall be provided or maintained by or on behalf of the Corporation at the sole risk and expense of the owner of the property and the expense incurred in doing so shall be recovered from the owner by any means or process available at law, including but not limited to: (1) by use of any cash or security bonds furnished by the owner of the property to the Corporation pursuant to this by-law; (2) by action in any court of competent jurisdiction in the Province of Ontario; (3) in a like manner as municipal taxes, as authorized by the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and in particular section 446 thereof; (4) in annual instalments payable by the owner of the property, with interest, not to exceed ten (10) years. 15.0 Repeal 15. By-law No. 2022-046 for The Corporation of the Municipality of Bayham, entitled Site Plan Control By-Law, is hereby repealed. 16.0 Effective 16. This by-law shall come into force and take effect on February 6, 2025. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF FEBRUARY 2025. ______________________________ _______________________________ MAYOR CLERK REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: February 6, 2025 REPORT: DS-09/25 FILE NO. C-07 / D11.VIERIDGE Roll # 3401-000-002-04920 SUBJECT: Subdivision Agreement – William, Henry, Jacob Redecop, and Peter Wiebe Draft Plan of Subdivision (34T-BA2201) Vienna Ridge, North Street, Vienna Draft By-law No. 2025-009 BACKGROUND On December 15, 2022, a public participation meeting was held in regards to the Draft Plan of Subdivision (34T-BA2201) for William, Henry, Jacob Redecop, and Peter Wiebe, known as the Vienna Ridge Subdivision, North Street, Vienna. Later on March 2, 2023, Council received Staff Report DS-12/23 regarding the Draft Plan of Subdivision (34T-BA2201) for Vienna Ridge Subdivision and recommended to the County of Elgin several Conditions of Approval for their consideration of the Draft Plan of Subdivision. County Council approved the Draft Plan of Subdivision (34T-BA2201) pursuant to Section 51 of the Planning Act, on March 28, 2023 subject to terms and conditions for final plan of approval for registration. Notice of Decision, dated March 28, 2023, Condition No. 1 states: “That the Owner enters into a subdivision agreement containing provisions under Section 51(26) of the Planning Act R.S.O. 1990, as amended, with the Municipality, wherein the Owner agrees to satisfy all the requirements, financial and otherwise, of the Municipality concerning the installation of services including roads, utilities, stormwater management facilities and hydrants required for the development of the lands within the plan with securities all to the satisfaction of the Municipality.” DISCUSSION Staff have been working with the Owners and engineers for several months on the Subdivision Agreement as they have been finalizing their technical design and drainage plans. This Staff Report DS-09/25 Vienna Ridge Subdivision Agreement 2 Agreement is the fifth version of the Agreement, all with significant input to address the interests of the Municipality and the Owner. The Subdivision is being proposed in one phase of eight (8) lots. A partially-constructed dwelling currently exists on the lands identified as Lot #4, placed prior to the execution of this Agreement. A Conditional Foundation Permit No. 2022-B-148 was issued by the Municipality in November 2022. Excavation of the house foundation and the construction of the foundation was inspected and passed. For the purpose of this Agreement, this partially-constructed building will be considered a model home, provided that all outstanding stipulations under Section 7.4 are addressed and in compliance. Once these stipulations are satisfied, construction on the dwelling may resume in accordance with the terms of this Agreement. Securities have been calculated based upon the estimated construction costs for one Phase. Securities are collected and held by the Municipality to guarantee that certain infrastructure works are constructed and completed to industry specifications. The collection of securities provides risk management for the Municipality by providing the Municipality with a mechanism to complete the works should the applicant choose not to complete the project. In December 2023 the landowners and a neighbouring landowner petitioned for municipal drainage known as the North Street Drain with works currently under process through the Drainage Act. Storm water management requirements for installation and maintenance have been included in the Agreement along with all required upgrades and connections to municipal services. The Owners, William, Henry, Jacob Redecop, and Peter Wiebe, all agree to the contents of the Agreement and look forward to moving this project along in 2025. Staff are recommending approval of the Subdivision Agreement as presented with Draft By-law No. 2025-009. STRATEGIC PLAN Not Applicable ATTACHMENTS 1. Schedule “A” to Draft By-law No. 2025-009 - Subdivision Agreement, Vienna Ridge Draft Plan of Subdivision (34T-BA2201) RECOMMENDATION THAT Report DS-09/25 regarding the Subdivision Agreement Vienna Ridge Draft Plan of Subdivision (34T-BA2201) be received; AND THAT Council authorize the execution of a Subdivision Agreement between the Municipality and William Redecop, Henry Redecop, Jacob Redecop, and Peter Wiebe to permit the completion of the Vienna Ridge Subdivision at 48 North Street in the village of Vienna; AND THAT By-law No. 2025-009 be presented for enactment. Staff Report DS-09/25 Vienna Ridge Subdivision Agreement 3 Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator|Deputy Clerk Chief Administrative Officer 1 SCHEDULE “A” TO BY-LAW NO. 2025-009 SUBDIVISION AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM -and - WILLIAM REDECOP, HENRY REDECOP, JACOB REDECOP AND PETER WIEBE FOR PROPERTY DESCRIBED AS: LOT D, NORTH OF KING STREET AND EAST OF NORTH STREET PART OF LOT E, EAST SIDE OF NORTH STREET AND PART OF LOT G, SOUTH SIDE OF CHAPEL STREET, PLAN 54, PART 1, PLAN 11R-10979, MUNICIPALITY OF BAYHAM 34T-BA2201 VIENNA RIDGE SUBDIVISION – NORTH STREET 2 INDEX 1. DEFINTIONS AND INTERPRETATION 1.1. DEFINITIONS 1.2. HEADINGS 1.3. SECTION REFERENCES 1.4. PLANS AND SCHEDULES 1.5. SEVERABILITY 1.6. FINAL AUTHORITY 1.7. EFFECTIVE RESPONSIBILITY 1.8. APPLICABLE PROVINCIAL STATUTES 2. REGISTRATION OR TERMINATION 2.1. FINAL CONSENT BY THE MUNICIPALITY 2.2. REGISTRATION OF AGREEMENT 2.3. EARLY TERMINATION OF AGREEMENT AND OBLIGATIONS 3. MUNICIPAL SERVICES BY THE SUBDIVIDER 3.1. CONSULTING ENGINEERS 3.2. MUNICIPAL SERVICES 3.3. STORMWATER MANAGEMENT a) EXISTING DRAINS b) STORMWATER MANAGEMENT PRIOT TO AND DURING DEVELOPMENT c) STORMWATER MANAGEMENT FACILITIES d) MAINTENANCE OF EXISTING STORMWATER MANAGEMENT FACILITIES 3.4. SANITARY SEWAGE 3.5. NECESSARY EXTERNAL SERVICES 3.6. WATER SERVICES 3.7. SERVICES REQUIRED 3.8. 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 PARKLAND CONTRIBUTION ACKNOWLEDGMENT 4.7 DEVELOPMENT CHARGES 4.8 TAXES 4.9 INTEREST PAYABLE 4.10 ADJUSTMENT OF MUNICIPALITY ENGINEERING FEE 5 LANDS AND EASEMENTS PROVIDED BY SUBDIVIDER 5.1 DEDICATION OF FUTURE STREETS 3 5.2 CONVEYANCES BY SUBDIVIDER 5.3 LEGAL OPINIONS REQUIRED 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 – CANADA POST 8.3 FUTURE SIDEWALK CONNECTIVITY 8.4 SCHOOL ASSIGNMENT – THAMES VALLEY DISTRICT SCHOOL BOARD (TVDSB) AND LONDON DISTRICT CATHOLIC SCHOOL BOARD (LDCSB) 8.5 ARCHAELOGICAL ASSESSMENT 8.6 GROUNDWATER/SOILS TESTING 9 SPECIAL PROVISIONS 9.1 STREET NAMES 9.2 OTHER 10 CONSTRUCTION AND APPLICABLE STANDARDS 10.1 CONSTRUCTION CONTRACT(S) APPROVAL 10.2 INSPECTION AND ENTRY 10.3 USE OF PUBLIC HIGHWAYS 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) TURN AROUND DESIGN e) SANITARY SEWER SYSTEM i. SEPARATION ii. INSPECTION RECORD 11 FURTHER COVENANTS 11.1 DEFAULT 4 11.2 REPAIR OF SERVICES 11.3 MUNICIPALITY PERFORMING WORKS 11.4 MAINTENANCE OF SERVICES 11.5 ALLOCATION OF SEWAGE CAPACITY 11.6 VEHICLE CLEANING OBLIGATIONS 12 MAINTENANCE SECURITIES, SUBSTANTIAL COMPLETION AND ASSUMPTION 12.1 MAINTENANCE SECURITIES 12.2 CERTIFICATE OF SUBSTANTIAL COMPLETION 12.3 WARRANTY PERIOD 12.4 CERTIFICATE OF ASSUMPTION 12.5 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 “B” - Draft ‘M’ Plan of Subdivision SCHEDULE “C” - Blocks & Easements to be Transferred by Subdivider SCHEDULE “D” - Engineered Drawings List, Descriptions and Drawings SCHEDULE “E1” - Estimated Construction Costs SCHEDULE “E2” - Implementation Schedule 5 THIS SUBDIVISION AGREEMENT made this day of 2025. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinafter called the “Municipality” OF THE FIRST PART - and – HENRY REDECOP, JACOB REDECOP, WILLIAM REDECOP, PETER WIEBE 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, as evidenced by the Decision of the County of Elgin dated March 28, 2023, File No. 34T-BA2201; AND WHEREAS the Subdivider has agreed with the Municipality to comply with the conditions contained in the Notice of Decision, File No. 34T-BA2201, dated March 28, 2023. AND WHEREAS the Plan proposed by the Subdivider includes a residential subdivision area to be developed in one phase, consisting of eight (8) lots; 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 construction of all services to be completed in one phase for the lands proposed to be subdivided and other matters as hereinafter set forth; NOW THEREFORE THIS SUBDIVISION AGREEMENT WITNESSETH that the Parties hereto in consideration of other good and valuable consideration and the sum of ONE DOLLAR ($1.00) of lawful money of Canada by each to the other paid (the receipt and sufficiency whereof is hereby by each acknowledged), covenant and agree each with the other as follows: 1. DEFINITIONS AND INTERPRETATION 1.1. DEFINITIONS For purposes of this Agreement the following words and phrases, where capitalized, shall be deemed to have the following meanings: a) “Agreement” means this Agreement made pursuant to Sections 50(3)(a), 51.1 and 51.1(25), (26) of the Planning Act, R.S.O. 1990 c. P 13 as amended including all schedules and amendments hereto; b) “Approval Authority” shall have the same meaning set out in Section 51 of the Planning Act. As the upper tier municipality within which the Lands are located, the County of Elgin is the delegated approval authority under 51(4) of the Planning Act, for purposes of Section 51 of the Planning Act; 6 c) “Assumption” and “Assumed” shall have the meaning set out in the Substantial Completion and Assumption process described in Section 12; d) “Block(s)” mean a Block as identified as such on the Plan; e) “Conservation Authority” means the Long Point Region Conservation Authority and its successors and assigns. f) “Consulting Engineer” means the Registered Professional Engineer or firm of engineers retained by the Subdivider in compliance with 3.1; g) “County” means The Corporation of the County of Elgin and its successors and assigns; h) “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; i) “Engineering Drawings” means the Engineering Drawings approved by the Municipality Engineer and attached as Schedules to this agreement; j) “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; k) “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; l) “Lands” means the Lands described in Schedule “A” to this Agreement; m) “Lot” means a Lot identified as such on the Plan; n) “Maintenance Period” means the period of time from the date of issuance of the Certificate of Substantive Completion for the Works and Services as described on Schedule “E1” to which the same relates until the date of issuance of the Certificate of Assumption for the same Works and Services during which period the Owner shall be responsible for the repair and maintenance of all such Works and Services as described in Schedule “E1”. o) “Manager” means the Municipality’s Manager of Public Works and the Manager’s assigned designates of the Municipality; p) “Municipality Engineer” means the Engineer duly authorized and appointed by the Municipality at the relevant time; q) “Municipality's Solicitor” means the solicitor duly authorized and appointed by the Municipality at the relevant time. r) "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; s) “Plan” means the “draft” Plan of Subdivision, attached hereto and identified as Schedule “B”; t) “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; 7 u) “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; v) “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). “Owner” shall be considered an alternate term for Subdivider for purposes of this Agreement; w) “Water/Wastewater Operations Manager” means the Manager of Water/Wastewater Operations and Capital Projects. x) “Works” shall mean the servicing work required of the Subdivider by this Agreement. 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 “E2” 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”, “E1”, and “E2” hereto are uninitialed, photographically reduced copies of plans initialed by the Parties on the execution of this Agreement and that such initialed plans form part of this Agreement. The Parties further agree that in the event any part or parts of the said Schedules are illegible or conflict with the initialed “original plan” from which it was made, the initialed plan shall prevail and shall be deemed to be a part of this Agreement. 1.5. SEVERABILITY If any provisions of this Agreement or the application thereof to any circumstances shall be held to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall attach only to such impugned provision and shall not affect any or all other provisions of this Agreement. The remaining provisions of this Agreement or the application thereof to other circumstances shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 1.6. FINAL AUTHORITY Where there is any conflict between the servicing requirements or other requirements and standards of the Municipality and those of any other regulatory body having jurisdiction, the more exacting requirement or standard shall prevail. In the event of any dispute as to which is more exacting, the decision of the Municipality’s Engineer shall be final as between the Subdivider and the Municipality. 1.7. EFFECTIVE RESPONSIBILITY Every provision of this Agreement by which the Subdivider is obligated in any way is deemed to include the words “at the expense of the Subdivider and to the Municipality’s satisfaction”, unless specifically stated otherwise. 1.8. APPLICABLE PROVINCIAL STATUTES a) Reference to any Statute herein shall be deemed to include past and future amendments in force at the time of this Agreement or subsequent hereto and any successor legislation that may replace such statute. b) In this Agreement, “the Act” shall mean the Planning Act, R.S.O. 1990, c. P 13, as amended. 8 2. REGISTRATION OR TERMINATION 2.1. FINAL CONSENT BY THE MUNICIPALITY Following (i) the execution of this Agreement, (ii) completion of those covenants required to be fulfilled by the Subdivider upon execution and at other times prior to registration, (iii) final Plan approval by the Approval Authority, and (iv) registration of the Plan by the Subdivider and assignment by the Land Titles office of PINs for the lots and blocks laid out in the Plan, the Municipality shall deliver this Agreement for registration on title to the Lands. Execution of this Agreement shall constitute sufficient consent by the parties for the Solicitor for the Municipality to register this Agreement against title to the Lands at the cost of the Subdivider, without further written authorization. 2.2. REGISTRATION OF AGREEMENT Despite Section 2.1, above, and in accordance with Section 53(1) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, neither the Plan nor this Agreement shall be registered against the Lands until an environmental compliance approval for sewage works has been issued by the Ontario Ministry of Environment, Conservation and Parks. 2.3. EARLY TERMINATION OF AGREEMENT AND OBLIGATIONS The Subdivider shall satisfy all preconditions for the registration of this Agreement as identified above and shall provide written notice to the Municipality of same within six (6) months of the effective date of this Agreement. If the Subdivider fails to provide such notice within this time, the Agreement may be terminated by the Municipality in the Municipality’s sole discretion, upon the provision of written notice to the Subdivider, in which case the respective obligations of the Subdivider and the Municipality shall terminate forthwith. The Subdivider hereby expressly agrees not to apply for any building permits until final approval of the Plan has been obtained and the Plan together with this Agreement are registered on title to the Lands, and furthermore agrees that this provision may be pleaded by the Municipality in any action or proceeding as an estoppel of any claim arising from a denial of any such rights and permits. 3. MUNICIPAL SERVICES BY THE SUBDIVIDER 3.1. CONSULTING ENGINEERS a) The Subdivider agrees to retain a Registered Professional Engineer as the Consulting Engineer of the Subdivider to carry out all engineering and supervise the work required to be done for the development of the Lands. The Consulting Engineer or a successor thereto, shall continue to be retained until the work 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; 9 ii. prepare plans, profiles, and specifications for the said Services and submit detailed plans, profiles and specifications to the Municipality for approval prior to the installation of the Services described therein; iii. obtain, in conjunction with the Municipality, when necessary, all the necessary approvals required prior to the construction of Services; iv. make available to the Municipality and the Municipality Engineer, where requested by the Municipality or the Municipality Engineer, any of the contracts for construction and installation of the Services; v. supervise construction of the Services and all work involved; vi. maintain all records of construction of the Services; vii. upon completion of the Services, supply to the Municipality as-constructed drawings on mylar or equivalent, as well as in digital format, of all the Services as constructed and installed by contractors under this Agreement; viii. on completion of construction of the Services to supply the Municipality and the Municipality Engineer with a certificate that the execution of all constructions of Services was in accordance with the approved plans and specifications; ix. supervise the construction of any remedial work required by the Municipality; x. design and monitor lot grading in accordance with the approved grading plan attached as a Schedule to this Agreement. The execution and maintenance of such work should address lot grading, soil conservation and erosion control to the satisfaction of the Municipality Engineer, including methods of controlling sediment during construction as well as possible downstream impacts and minimization of any environmental impacts that might be identified; xi. if applicable for the exporting of soils, the Subdivider will conform with O. Reg. 406/19 Excess Soil Management. c) The Subdivider acknowledges that the Municipality will rely on inspections, interim and final reports, and certifications performed and provided by the Consulting Engineer. This shall not restrict the Municipality and/or the Municipality Engineer’s right to investigate, inspect and review construction and installation of the Services at any stage. 3.2. MUNICIPAL SERVICES The following Services are to be provided in accordance with Engineering Drawings attached as Schedule “D” to this Agreement for the one Phase: UNDERGROUND SERVICES a) municipal water connections b) sanitary sewers and appurtenances; c) private drain connections to sanitary sewers; d) storm sewers and appurtenances; e) private drain connections to storm sewers; f) catch basins and leads; g) gravelled or recycled asphalt road base h) hydrant for fire suppression i) hydro services j) natural gas services ABOVE GROUND SERVICES k) concrete or asphalt driveway approaches from the curb to the sidewalk where sidewalks are required; 10 l) asphalt pavement of driveway approaches to the property lines where sidewalks are not required; m) asphalt pavement of the streets including top coat of asphalt and constructed in accordance with the municipality standards for streets; n) street name signs and Highway Traffic Act street signs; o) LED streetlight with overhead wiring along the frontage of the subdivision. p) sodding in the boulevard areas between the road and property lines; q) tree planting required on each lot to the satisfaction of the Manager of Public Works as to location and type of tree 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 PRIOR TO AND DURING DEVELOPMENT i. The Subdivider shall manage the storm drainage generated from the Lands in compliance with the design criteria as previously set out in the Vienna Ridge Subdivision (34T-BA2201) Storm Water Management Letter prepared by CJDL Engineers dated 24 October 2023, Rev 1. – 22 April 2024, as approved by the Municipality engineer, supplemented with letter addressed to LPRCA, titled ”Vienna Ridge Subdivision – Second Submission, Vienna, Ontario; Dated 4 Dec 2024”. 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 by CJDL Engineering Ltd. and in accordance with the Slope Stability Assessment report prepared by EXP, dated September 2022, approved by the Municipality Engineer and installed prior to any construction or the commencement of any earth moving operations. iii. 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. iv. 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. v. 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. vi. 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. 11 vii. The Subdivider shall: - Provide an erosion and siltation control plan to the satisfaction of the municipality and Long Point Region Conservation Authority for review and approval - Provide a final lot grading and drainage plan to the satisfaction of the Municipality and Long Point Region Conservation Authority for review and approval - Complete any necessary applications under the Drainage Act to provide a legal outlet for storm water use. - identify to the Conservation Authority and the Municipality the site contacts responsible for the monitoring schedule to be implemented above; - provide to the Conservation Authority and the Municipality a written update of sediment and erosion control inspections and maintenance activities following all storm events. c) STORMWATER MANAGEMENT FACILITIES The Subdivider shall construct stormwater management facilities (SWMF) in accordance with Municipality standards and the Engineering Drawings which are schedules to this agreement and in accordance with the final approved SWMF report. The Subdivider further agrees that the Municipality Engineer may direct the Subdivider to make any corrections or perform any necessary changes to comply with the Engineering Drawings. d) MAINTENANCE OF EXISTING STORMWATER MANAGEMENT FACILITIES i. The Subdivider shall manage the storm drainage generated from the Plan in compliance with the design criteria as previously set out in the Vienna Ridge Subdivision (34T-BA2201) Storm Water Management Letter prepared by CJDL Engineers dated 24 October 2023, Rev1. – 22 April 2024, as approved by the Municipality Engineer, supplemented with letter addressed to LPRCA, title “Vienna Ridge Subdivision – Second Submission, Vienna, Ontario; Dated 4 Dec. 2024” as approved by the Municipality Engineer. ii. The SWM is provided by lot level controls to be constructed and maintained by the home owners. The developer’s engineer shall confirm that the private facilities are designed to suit the individual Lot Development Plans and constructed in accordance with the approved design with the issuance of final grading certificates. Maintenance instructions shall be provided to all homeowners. 3.4. SANITARY SEWAGE The Subdivider agrees that design and installation of sanitary sewers within the Plan will be in compliance with the Municipality of Bayham Design and Construction Standards2018 and the Functional Servicing Report dated September 9, 2022, as approved by the Municipality’s Engineer and that: i) The Subdivider shall design and construct to provide adequate sanitary connections to the municipal sanitary sewer system for all eight (8) lots and that this Agreement shall make provision for the assumption and operation by the Municipality of Bayham of the sanitary sewer system within the Draft Plan, subject to the approval of the Municipality ii) Sanitary installation shall be completed in one phase as shown within the Functional Servicing Report dated September 9, 2022. 3.5. NECESSARY EXTERNAL SERVICES The Subdivider agrees that the following Necessary External Services shall be provided the Subdivider as set out in the Engineering Drawings: i) Road Surface Widening of North Street ii) Extension of Sanitary sewer along North Street 12 iii) Extension of Municipal water service along North Street iv) Installation of municipal hydrant(s) 3.6. WATER SERVICES The Subdivider shall complete water servicing in one phase as shown within the Functional Servicing Report dated September 9, 2022 showing detailed servicing plans for connection to the municipal water services including any necessary upgrades to ensure that these services or facilities including hydrants can be provided up to the appropriate standard, which complies with all regulatory requirements and protects human health and the natural environment in the event of future municipal service extensions to the area. 3.7 SERVICES REQUIRED a) CONSTRUCTION ACCESS The Subdivider agrees that all construction-related traffic shall be from North Street during the development. The Subdivider and its contractors and invitees shall use the said access for all construction vehicles and construction related purposes. The Subdivider agrees that, at all material times, the Subdivider shall be responsible for: i. the proper construction of said accesses and providing signage and supervision and such other reasonable measures as may be requested by the Municipality to require contractors, sub-contractors, homebuilders and tradespersons to use the road access designated in this Section for all construction-related vehicles accessing the Lands during development; and, ii. ensuring during the development 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 “E2” Implementation Schedule attached to and forming part of this Subdivision Agreement. 4. FINANCIAL OBLIGATIONS 4.1. SUBDIVIDER EXPENSE Where by this Agreement the Subdivider is to fulfill requirements or obligated in any way, the Subdivider shall fulfill such requirement or obligation at its expense. 4.2. FEES/DEPOSITS PAYABLE TO THE MUNICIPALITY The Subdivider shall pay to the Municipality on the execution of this Agreement: i. the reimbursement of reasonable costs incurred by the Municipality for engineering, administrative and legal in the preparation of this Agreement by the Municipality; ii. the sum of $2,500.00 (Two Thousand Five Hundred Dollars) which payment shall be accepted by the Municipality as partial payment towards legal costs and H.S.T. incurred by the Municipality in connection with the preparation and negotiation of this Agreement, and reviewing and registering documentation in relation to the same. The Subdivider further agrees to be responsible for any reasonable additional legal costs and any H.S.T. relating thereto, incurred by the Municipality associated with this Agreement over and above the aforementioned amount, and will remit any amount owing immediately upon receipt of an invoice from the Municipality; iii. the sum of $21,735.00 (Twenty-One thousand Seven Hundred and Thirty-five Dollars) 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 13 costs of the Services shown in the Schedule “E1” Estimated Construction Costs (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. 4.3. SERVICING COSTS SUMMARY, INFRASTRUCTURE i. The parties agree that Schedule “E1” represents 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”. ii. The Subdivider shall pay the total cost of the construction or installation of the Services required to be provided pursuant to the terms of this Agreement. iii. Street name signs and traffic signs on the Lands shall be approved and provided by the Municipality. The Municipality will install all such signs and will invoice the Subdivider for all the Municipality’s costs related to such purchase and installation. 4.4. SECURITY FOR PERFORMANCE a) To secure the faithful performance of all of the obligations of the Subdivider to the Municipality under this Agreement, the Subdivider shall, at the time of execution of this Agreement, deliver to the Municipality satisfactory security for the performance of the Subdivider’s obligations hereunder, in the form of one of the following security instruments: i. An irrevocable standby commercial letter of credit from a chartered bank or other financial institution approved by the Municipality, in a form and amount satisfactory to the Municipality Treasurer providing for the faithful performance of all of the obligations of the Subdivider to the Municipality Corporation under this Agreement; ii. A surety bond for purposes of guaranteeing performance of subdivision infrastructure development, issued by a Surety Company acceptable to 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 being $621,000.00; and The Subdivider agrees that the total amount of the performance security pursuant to this Section is $401,302.00 (Four Hundred and One Thousand Three 14 Hundred and Two Dollars) 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. c) 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. d) 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. e) If the Subdivider is not in default under this Agreement, the amount of any security instrument held by the Municipality, may, subject to the paragraph immediately below, be reduced from time to time to an amount, which, in the opinion of the Municipality is adequate to secure the faithful performance of the remaining obligations of the Subdivider. No reduction shall be made until the Subdivider has first filed with the Municipality a progress certificate from the Consulting Engineer as to the reasonable cost of the Services satisfactorily installed or constructed prior to the date of the certificate. In determining if a reduction in the amount of security is to be made, the Municipality may have regard for the following: i. any progress certificate filed by the Consulting Engineer and approved by the Municipality Engineer, ii. any reductions previously made, iii. any draws or claims made by the Municipality against the security. Notwithstanding the paragraph above, the amount of any security instrument provided by the Subdivider in respect of the cost of the Services shall not be reduced, as provided in the paragraph above, to less than one percent (1%) of the Estimated Servicing Cost Summary, or $15,000.00, whichever amount is greater. f) 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. g) 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. 15 4.5. INDEMNIFICATION AND INSURANCE Until the Municipality shall have finally accepted the Works by a by-law, the Subdivider shall indemnify the Municipality and its agents, employees, contractors and subcontractors from and against all expenses, actions, causes of actions, suits, claims, demands or administrative orders whatsoever which may arise, either directly or indirectly, by reason of the construction and installation of any and all of the Works to be performed pursuant to this Agreement, including all plans, specifications and contracts therefor and any and all documentation submitted by or on behalf of the Subdivider in support of the approval of such plans, specifications and contract; and the insurance coverage policy required, shall not be construed as relieving the Subdivider from responsibility for indemnity of the Municipality for liability not covered by such insurance or in excess of the policy limits of such insurance. The Subdivider agrees to file with the Municipality on registration of this Agreement, or at such earlier date as the Subdivider may commence Pre-Servicing as described in this Agreement, a certificate of insurance evidencing the issuance to the Subdivider of a comprehensive policy of public liability and property damage insurance providing for coverage limits in respect of any one incident, of at least $5,000,000.00 exclusive of interest and costs, for this purpose. Such policy shall: (i) name the Municipality as an additional insured thereunder, (ii) be in form and content satisfactory to the Municipality, and (iii) be kept in good standing until all of Services are assumed. Such insurance shall include a cross-liability clause protecting the Municipality against claims by the Subdivider as if the Municipality was separately insured. 4.6 PARKLAND CONTRIBUTION ACKNOWLEDGMENT The Subdivider agrees to provide payment in the amount of $14,500.00 (Fourteen Thousand Five Hundred Dollars) as cash in lieu of parkland dedication prior to the registration 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’s current Cash-in-lieu By-law being 5% of the appraised market value of $290,000 according to Loewen Appraisal Services Inc. - Appraisal Report valuing the property as of March 27, 2023 being the required one day prior to County of Elgin Draft Plan Approval conditionally granted on March 28, 2023. 4.7. 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 any applicable Development Charges By-law enacted by the Municipality of Bayham. 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. 16 4.8. 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. 4.9. INTEREST PAYABLE i. Whereby this Agreement any cost, fee or amount is payable by the Subdivider to the Municipality, such cost, fee or amount shall be paid at the time or times stated, or if a time is not stated, it shall be paid within fifteen days of the mailing of a statement by prepaid first class mail or by email addressed to the Subdivider as provided in this Agreement. If any such cost, fee or amount is not paid within the time provided by this Agreement, interest shall be payable at the rate of eighteen percent (18%) per annum from the stated due time, compounded monthly, or from the sixteenth day after such mailing as the case may be, until payment, and the Municipality may draw on any security instrument provided by the Subdivider for the faithful performance of its obligations. Any amount received on such draw against security shall be applied toward payment of the cost, fee or amount owing and any interest in respect thereto. ii. if any cost, fee or amount is at any time unpaid, and the Municipality does not draw upon the security provide by the Subdivider, or if any draw made is insufficient to pay the cost, fee or amount owing, or the balance thereof together with interest which may be payable, any unpaid amount may be recovered as a debt in an action in any court of competent jurisdiction together with all costs incurred therewith. 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. 4.10. 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. 17 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 at no cost to the Municipality; 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 at no cost to the Municipality; 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 at no cost to the said provider, specifically: iv. ensure that all existing easements for storm sewers, sanitary sewers, water services, third party utility services and other service providers, pedestrian access, and any and all easements, rights of way, interests or encumbrances over the Lands already subsisting at the time of Plan registration are shown on the Plan. b) Any such transfer of land to the Municipality pursuant to the above subsection shall be in fee simple and for nominal consideration (e.g. $1.00), in a form satisfactory to the Municipality's solicitor and title to the lands shall be good and free from all liens and encumbrances except as otherwise stated in this Agreement. The rights and easements granted to the Municipality pursuant to the above shall be for nominal consideration (e.g. $1.00) and title to the lands over which the rights and easements are granted shall be good and free from prior liens and prior encumbrances except as otherwise stated in this Agreement. If required by the provisions of the Act, the consent of the County Land Division Committee to such conveyance of land, rights and easements referred to above shall be obtained by the Subdivider. c) The Subdivider agrees to obtain a discharge of any lien and a postponement of any prior mortgage to the title, rights and easements granted to the Municipality pursuant to this Agreement. d) Forthwith after the registration of every grant of title, rights or easements referred to above, the Subdivider shall provide to the Municipality's solicitor a Certificate or Opinion of Title of the lands in respect of which such title, rights or easements are granted, in a form satisfactory to the Municipality's solicitor. A solicitor authorized to practice law in the Province of Ontario shall give such Certificate or Opinion. e) The Subdivider agrees to provide the Municipality within 2 months after the registration of the Plan with a mylar copy of the reference plan designating the lands in respect of which such transfers and grants of rights and easements are given to the Municipality pursuant to this Agreement. f) The lands to be transferred and the lands over which rights and easements are to be given, pursuant to this Agreement shall, on the registration of the Plan and at the time of any such transfer, be in a clean and tidy condition, graded as required by the Grading Plan which is a Schedule to this Agreement, where applicable, and if necessary, stabilized against erosion, all to the satisfaction of the Municipality and/or the Municipality Engineer. g) After such lands or such rights and easements are so transferred, the Subdivider shall not use or permit the use of such lands for the storage of top soil or any excavated material or equipment or construction materials except with the written consent of the Municipality and in the event of default in this regard, the Municipality, after giving the Subdivider such written notice as the Municipality Engineer considers reasonable in the circumstances, may remove such soil, material or equipment and the cost of such removal and clean up shall be paid by the Subdivider to the Municipality. h) The Subdivider warrants that within any lands transferred to the Municipality by the Subdivider pursuant to this Agreement, and any lands over which any easement is 18 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. i) The Subdivider agrees that should any conflict arise with existing telecommunications provider’s facilities where a current and valid easement exists within the subject area, the Subdivider shall be responsible for the relocation of any such facilities or easements at their own cost. 5.3 LEGAL OPINIONS REQUIRED Not later than thirty (30) days after the final approval of the Plan by the County, the Subdivider shall cause to be delivered to the Municipality an opinion by a solicitor authorized to practice in Ontario, substantially in the form satisfactory to the solicitor for the Municipality: a) At the date of signing of this Agreement and at the date of the registration of this Agreement upon title, the Subdivider is the owner in fee simple of the Land free of all liens and encumbrances, save and except for any interest in the Land of an owner, mortgagee, tenant, easement holder or other encumbrancer as described in Schedule “A” attached to this Agreement; b) This Agreement has been registered against the Land in a first priority position, save and except for any interest in the Land described in Schedule “A” attached to this Agreement, and that Notice of Postponement of Interest for each of those interests described in Schedule “A” have been registered postponing such interest to provide priority in favour of the Municipality for this Agreement; c) The Plan is registered in the Land Titles Office for the Land Titles Division of Elgin (No. 11); d) The conveyance of real property to the Municipality as provided in section 5 of this Agreement has been made to the Municipality in satisfaction of the provisions of this Agreement, free and clear of all liens and encumbrances, save and except this Agreement and any easements in favour of the Municipality, and with such postponements of interest as are necessary to provide a free and clear interest. The said opinion(s) shall be addressed to the Municipality in consideration of a fee of $1.00 payable to the Solicitor rendering the same. 6 GRADING OF LOTS AND STREETS 6.1 ADHERENCE TO GRADING PLANS The Subdivider has prepared and submitted to the Municipality a grading plan for the Plan, which grading plan is attached hereto as part of Schedule D 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. 19 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. Where the Subdivider has sold or transferred a lot within the Plan, or any part thereof, and in the opinion of the Municipality Engineer, any grade or elevation within the lot, or any part thereof, has not been established or has not been maintained as required by subsection 7.3 Lot Development Plan in this Agreement, the Municipality, after giving such notice to the subsequent owner as the Municipality Engineer considers appropriate in the circumstances, enter and re-enter from time to time upon such lot with such equipment, machinery, sod and fill as the Municipality Engineer may determine and do such work and remove anything from the lot as in the Municipality Engineer's opinion may be necessary to remedy such default and the cost thereof shall be paid by the subsequent owner to the Municipality and if not so paid, shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of eighteen (18%) per cent per annum commencing fifteen (15) days after the mailing of a statement to the subsequent owner at his last known address. 6.3 GRADING CERTIFICATION a) The Municipality will accept a certificate from an Ontario Land Surveyor, or a qualified Consulting Engineer certifying: i. that the surveyor took elevations on one of more lots or blocks in the subdivision (which lot(s) and/or block(s) is to be specified by number) on a stated date; and 20 ii. that on such date(s) the elevation and grades for such lot(s)/block(s) were in accordance with the requirements of this Agreement; as conclusive evidence that as of such date such elevations and grades complied with this Agreement. 7 LOT DEVELOPMENT 7.1 ZONING BY-LAW The Subdivider acknowledges that there are lands within the Plan subject to the provisions of Holding “h1” and “h4” Zones and that the “h1” and “h4” holding symbols be removed by way of Zoning By-law Amendment to ensure orderly development through this Agreement between the Subdivision and the Municipality, which addresses financial, servicing and access impacts of new development to the Municipality. The Holding Zone designations shall be removed from the lands pursuant to the requirements of the Planning Act prior to the issuance of any building permits for lots within the Plan. The Subdivider acknowledges that prior to final approval shall provide to the satisfaction of the Municipality prepared by an Ontario Land Surveyor a certificate that demonstrates the Final Plan for all lots and blocks comply with the use and regulation of the approved Zoning By-law in effect. 7.2 BUILDING PERMITS a) The Subdivider acknowledges that the Municipal Chief Building Official shall have the power to refuse to grant building permits with respect to any or all the lots shown on the Plan of Subdivision, at any time when the Subdivider is in default under this Agreement. b) The Lot Owner agrees to submit to the Municipality with every application for a building permit, a Plot Plan prepared by a Consulting Engineer or an Ontario Land Surveyor or a qualified Planner, which is approved by the Subdivider's Consulting Engineer, indicating the location of the proposed building and driveway on the site and indicating that the proposed building and lot, as finally constructed and graded will comply with said Grading Control Plan as identified in Schedule "D" to this Agreement. The said Plot Plan will also indicate the elevation of the top of the foundation wall of the proposed building, which elevation will also conform to the said Grading Control Plan, and the location of infiltration galleries/conveyance pipe and retaining walls, if applicable. No building permits shall be issued until the Municipality has approved the Plot Plan. c) That the cost of construction of driveway entrances for each lot shall be the responsibility of the Lot Owner, while lot driveway within ROW is the responsibility of the Subdivider and shall be included in the security provided 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 21 accordance with the approved Plot Plan and Grading Control Plan and to maintain the approved grading and drainage pattern and where applicable infiltration galleries/conveyance pipes and retaining walls for the life of the approved development on the residential lot in the Draft Plan, all to the satisfaction of the Municipality. The Subdivider or Lot Owner further agrees not to alter the approved grading and drainage pattern without prior written permission from the Municipality. f) Once the final grading is completed for the lot, the Subdivider or Lot Owner shall submit to the Municipality, a Certificate, prepared by the qualified Consulting Engineer or an Ontario Land Surveyor or Planner who prepared the original Plot Plan for the building permit which is approved by the Subdivider's Consulting Engineer and shall provide evidence that the final grading of the said lot conforms to the said Grading Control Plan and Plot Plan within reasonable tolerances as determined by the Municipality and that as so graded, the lot will provide for surface drainage in accordance with proper engineering practices. Upon the Municipality confirming that the lot is in compliance with the Grading Control Plan/Plot Plan, as well as the applicable regulations in the Zoning By-law. g) That all primary drainage swales shall have topsoil and grass sod to the satisfaction of the Municipality prior to the issuance of any building permit. Where the installation of sod is not possible due to winter weather conditions the Subdivider must install alternative erosion and sedimentation control features to the satisfaction of the Municipality prior to the issuance of any building permit. The installation of sod in the primary swales shall take place at the earliest possible growing season all to the satisfaction of the Municipality and Planning Services. For the purpose of this Section, a primary drainage swale is part of the overall drainage system, is generally located on public lands or undeveloped future phases within the Draft Plan and accommodates the major overland stormwater flow for each phase of the development that is directed to an approved stormwater management facility, as identified in the Engineering and Planning Drawings. h) That no building permit shall be applied for or issued for any lot(s) and no building construction shall be undertaken thereon, until the applicable phase of the Draft Plan is registered and the Subdivider's Consulting Engineer for this Plan has provided in written confirmation to the Municipality that: i. the overall primary grading and drainage for the applicable phase has been completed; ii. the installation of the primary services within all the road allowances in the applicable phase, which shall include water, sanitary and storm services/facilities, sanitary pumping station (if applicable), the road up to base coat asphalt, concrete curb and gutter and retaining walls/safety guards, has been completed, or alternatively, in the event that the underground services (water, sanitary and storm services) and sanitary pumping station (if applicable) are completed 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 22 satisfaction: i) Completion and connection of the trunk sanitary sewer and appurtenances to the satisfaction of the Municipality; ii) Completion and connection of the trunk watermain and appurtenances (if required) to the satisfaction of the Municipality; iii) Completion and operation of the stormwater management facilities and outlet; iv) Payment of the applicable development charges, as per the Municipality’s respective approved By-laws v) Blocks and/or easement to be conveyed to the Municipality; vi) The installation of street signs; vii) Satisfy any other special conditions outlined within this agreement. 7.3 LOT DEVELOPMENT PLANS The Subdivider shall demonstrate that the development, including fill or proposed structures, are in accordance with the Slope Stability Assessment Report, prepared by EXP, Dated September 2022. Any lots within Long Point Region Conservation Authority regulatory limits will require review by LPRCA. With every building permit application, the Subdivider will submit to the Municipality’s Building Department a lot development plan for the subject lot, prepared and certified by a member in good standing of the Professional Engineers of Ontario or by an Ontario Land Surveyor. The lot development plan for each Lot within the Plan shall show details of the proposed lot elevations and grades, basement and top of foundation elevations, drainage and stormwater management components, all of which shall conform to the Grading Plan and the Stormwater Management Plan. The lot development plan shall also show details of the location of all existing and proposed easements, all proposed building and structures, site services, driveway, existing trees and any other significant site features. The qualified professional consultant who prepared and certified the Grading Plan shall approve each lot development plan. Following the completion of the construction of all buildings and structures, site services, driveways and any other significant site features and completion of the fine grading on each Lot, the Lot shall be seeded or sodded and within the first sixty (60) days after the completion of the seeding or sodding, the Subdivider shall file with the Municipality, a certificate signed by the Consulting Engineer, certifying that the lot has been developed in accordance with the Lot development plan. The Subdivider agrees that it will require the purchaser of any Lot within the Plan, as a condition of purchase and sale, to fulfill these requirements. 7.4 MODEL HOME A partially-constructed building currently exists on the lands identified as Lot #4, as referenced on the proposed Plan of Subdivision, prior to the execution of this Agreement. For the purpose of this Agreement, this partially-constructed building will be considered a model home, provided that all outstanding stipulations under Section 7.4 are addressed and in compliance. Once these stipulations are satisfied, construction on the building may resume in accordance with the terms of this Agreement. The following is a summary of permits and approvals that have been issued and completed for Lot #4: • A Lot Development Plan (LDP) dated, November 2, 2022 was submitted to Municipality’s Chief Building Official on November 7, 2022. The LDP plan was subsequently revised on November 22, 2022 per LPRCA comments. • LPRCA Work Permit No. LPRCA-260/22, was Issued on November 21, 2022 • A Conditional Foundation Permit agreement dated, November 15, 2022 was signed and dated by the Municipality’s Chief Building Official and the Developer on November 28 2022, and $10,000 security was provided to Bayham until the Plan of Subdivision receives final approval. 23 •A Conditional Foundation Permit # 2022-B-148 was issued by the Municipality in November 2022. Excavation of the house foundation and the construction of the foundation was inspected and passed. The last inspection was dated January 9, 2023. a)Payment of the building permit application fee and an infrastructure deposit to theMunicipality for each model home building permit. The Municipality agrees to refund the infrastructure deposit to the Owner, without interest, upon the issuance of “AsConstructed” drawings and a follow-up site inspection; b)All financial and other matters are in good standing to date pursuant to the terms andrequirements of this Agreement; c)The Owner agrees to submit to the Municipality’s Chief Building Official a lotdevelopment plan and lot grading plan with other such drawings as the Municipalitydeems necessary for the development of the Model Home area for approval, whichapproval 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 tothe said Lot. Approval shall relate to the lot grading, drainage, and landscaping as wellas 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 berequired at the time of building permit application. The Municipality agrees to refund theconnection security deposit to the Owner without interest, upon receipt of writtenconfirmation 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 aminimum width of six (6) metres constructed of granulars and have sufficient compactionas to provide access for all emergency vehicles to the satisfaction of the Municipalityand any Emergency Services; f)Each model home shall comply with all provisions of the Municipality’s Zoning By-lawand Ontario Land Surveyor shall provide the Municipality with a building location surveyconfirming 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 exceptthat the building may be occupied for the sole purpose of an office to promote the saleof houses in the Plan of Subdivision as described in the Agreement. No occupancy ofthe model home shall be permitted until conditions set out in Section 7.5 have been met. 7.5 OCCUPANCY OF UNITS The Subdivider shall not occupy nor permit to be occupied, any dwelling unit on any part of the Lands until: i.a building permit has been obtained and compliance has been made with theprovisions of the Building Code Act, 1992. S.O. 1992, c.23 as amended andthe Building Code (Ontario Regulation 332/12); ii.a sewer permit has been obtained and the sanitary sewer for the dwellingconnected 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. municipal water services to the unit have been installed to the satisfaction ofthe Municipality; iv.electrical and gas services have been installed within the Lands and orarrangements satisfactory to the Municipality Engineer have been made for the installation of such services to the dwelling. 24 7.6 BUILDING COVENANT – NO DUPLICATION Not applicable. 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 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 this development through an existing centralized Community Mail Box (CMB) in the area on Chapel Street, Vienna. Future owners must register for mail delivery at the Port Burwell Canada Post Office. 8.3 FUTURE SIDEWALK CONNECTIVITY The Subdivider acknowledges the Municipality’s policies and objectives to promote complete streets, a walkable community, cycling and other active transportation initiatives supporting healthy lifestyle activities and agrees to promote the use of the Municipality’s Parks through community design that includes connectivity and continuity of sidewalks installed within the Plan as well as other links to support access to parks, other neighbourhoods, schools and commercial and employment areas. The Subdivider shall provide evidence to the Municipality that all marketing materials and plans prepared and used to advertise the sale of lots within the Plan clearly identify the active transportation opportunities by identifying the location of sidewalks to be installed within the Plan. 8.4 SCHOOL ASSIGNMENT – THAMES VALLEY DISTRICT SCHOOL BOARD (TVDSB) OR LONDON DISTRICT CATHOLIC SCHOOL BOARD (LDCSB) The Thames Valley District School Board and London District Catholic School Board advises that new homeowners should, at the time of purchase, verify the school designation for students with the applicable Board by using the School Locator on the TVDSB website or LDCSB or by calling the applicable Board Office. Furthermore it is recommended that the Subdivider shall recommend to all purchasers of Lots within the Plan that each Purchaser confirm school designations with either Board at the time of purchase and further advise that additional information is available through the Board web sites. 8.5 ARCHAELOGICAL ASSESSMENT An Archaeological Assessment of the Lands was conducted by Lincoln Environmental Consulting Corp. Their report entitled, “Stage 1-2 Archaeological Assessment of 1603 North Street part of Lot 15 Concession 3, Geographical Township of Bayham, Elgin County, Ontario” dated May 2022 filed with Ministry of Citizenship and Multiculturalism (MCM) Toronto Office on July 22, 2022 MCM Project Information Form Number P1289- 01950-2021, MCM File Number 0017103 and accepted the findings of the report; that no further archaeological assessment of the property is recommended. The Ministry of Citizenship and Multiculturalism (MCM), in a letter dated March 12, 2024 acknowledges the report, which was submitted as a condition of licensing in accordance 25 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 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 All Lots shall front on to an existing municipal road known as NORTH STREET. 10 CONSTRUCTION AND APPLICABLE STANDARDS 10.1. CONSTRUCTION CONTRACT(S) APPROVAL The Subdivider shall install or construct, or cause to be installed or constructed, the Underground and Above Ground Services in accordance with contract documents approved by the Consulting Engineer who shall ensure that such pertinent plans and specifications, are included in the tender and contract documents and such other documents as may be required by the Municipality and/or the Municipality Engineer. The contract documents shall at the discretion of the Consulting Engineer and/or upon any request for same by the Municipality and/or the Municipality Engineer be filed with the Municipality prior to the commencement of the construction or installation of any of the services to which they relate. 10.2. INSPECTION AND ENTRY The construction and installations by the approved contractor(s) shall be performed under the supervision of the Consulting Engineer with additional inspections to be made, at the Municipality’s discretion, by the Municipality and/or the Municipality Engineer. The Municipality, by its employees or by agents and consultants, if any, retained by the Municipality, may enter the Subdivider’s lands at all reasonable times and for all reasonable purposes including for all inspections that may be deemed by the Municipality to be necessary or advisable, without prior notice to the Subdivider. 10.3. USE OF PUBLIC HIGHWAYS The Subdivider will not do any work on, under or over or use any public highway abutting the Lands in connection with the performance of this Agreement, except with the express written approval of the Municipality. W here any such work is 26 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 i. The Subdivider shall provide detailed design plans for the required widening of the road surface along North Street to appropriate standards in accordance with the Municipality of Bayham Design and Construction Standards 2018. 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 27 such further assessments and inspections as appropriate or as the Municipality Engineer requires. The Subdivider agrees that prior to commencing any sewer construction, it will hold a meeting with representatives of its contractor and its soil consultant and shall establish, and have approved by the Municipality Engineer, the means of compacting trench backfill material. The Subdivider is to have its soil consultant and the Consulting Engineer on site when the installation of sewers is started. The approved method or methods of compacting the sewer trench backfill material shall be tested by the soils consultant to ensure that the method or methods to be used meets the road design criteria. Not more than one hundred fifty (150) metres of sewer shall be laid, unless approved otherwise by the Consulting Engineer until the soil consultant has approved the compaction method or methods. The soils consultant shall supply to the contractor, the Consulting Engineer and the Municipality Engineer, in writing, descriptions of the approved compaction method or methods and their test results within two (2) days after the initial testing. A written certificate by the Subdivider’s qualified soil consultant is to be supplied to the Municipality Engineer prior to a request by the Subdivider for the assumption of any road(s) within the Lands and is to cover all roads contained in the request for assumption. c) TREE PLANTING The Owner or Subdivider shall plant one tree per lot in the front yard and of a kind and size approved in writing by the Manager of Public Works. Should any tree die within 12 months of planting the Owner or Subdivider shall replace the tree with a new tree as prescribed in this agreement. Trees are to be planted a minimum of 1 metre (3.3 feet) behind the front property line and located so as not to interfere with services and utilities at any time. d) TURN AROUND DESIGN None e) SANITARY SEWER SYSTEM i. SEPARATION Every sanitary sewage system installed or constructed on the Lands shall be separate and distinct from every storm sewage system on such lands and within such building or buildings and shall be connected only to the Municipality's sanitary sewage system. Every storm sewage system installed or constructed on the Lands shall be separate and distinct from every sanitary sewage system on such lands and shall be connected only to the Municipality's storm sewage system. ii. INSPECTION RECORD The Certificate of Substantial Completion is to be issued and again prior to the Certificate of Assumption of Services by the Municipality, including the sanitary sewer system described in the Engineering Drawings which is a Schedule to this Agreement, the Subdivider agrees to inspect all such sewers within the Lands by a televised inspection method, or an equivalent method satisfactory to the Municipality Engineer, and to provide the Municipality with an inspection record satisfactory to the Municipality Engineer in the form of a copy of the video tape, digital record or other production generated by each such sanitary sewer inspection. 11. FURTHER COVENANTS The Parties further covenant as follows: 11.1. DEFAULT a) If the Subdivider fails: 28 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 pursue such installation or construction within agreed upon time or in order that the works may be completed within the time provided in this Agreement; or iv. is improperly performing or carelessly executing work involved in the installation or construction of any such Service; or v. has neglected or unreasonably delayed installation or construction or reconstruction or repair or replacement of such Services; or vi. has neglected or refused to reconstruct or perform remediation of such Services as may be rejected by the Municipality Engineer as defective or unsuitable; and any such default continues for ten (10) days or for another a period stated by the Municipality in the notice, after notice of the default from the Municipality Engineer has been given to the Subdivider, then the Municipality, in addition to any other remedy the Municipality may have, may take such steps as it deems necessary to remedy the said default. b) In case of emergency circumstances, as determined in the discretion of the Municipality Engineer, where remedial measures, repairs or replacements are necessary, in the Municipality Engineer’s opinion, to alleviate any default (referred to above) by the Subdivider such work may be done by the Municipality without advance notice to the Subdivider. 11.2. REPAIR OF SERVICES a) If at any time prior to Assumption of the Services, any of the Services do not function or do not function properly, the Municipality shall, subject to 11.2 b) below, give notice of such malfunction to the Subdivider and if such malfunction is not remedied within ten (10) days of the mailing of such, or a longer period if stated in the notice, then the Municipality may make whatever repairs or replacements it deems necessary. b) That if at any time prior to the Assumption of the Services, any of the Services do not function or do not function properly and in the opinion of the Municipality Engineer repairs or replacements are immediately necessary to prevent damage or hardship to persons or property, the Municipality may proceed forthwith to make whatever repairs or replacements it deems necessary and the cost, with or without notice. 11.3. MUNICIPALITY PERFORMING WORKS a) Where in the opinion of the Municipality Engineer, it is necessary or advisable to perform remedial work or to construct or install or complete the whole or any part of any of the Services, such Service or Services may be installed, constructed or completed in whole or in part by the Municipality and the cost of remedying any default or of constructing, installing or completing the whole or any part of any of the services, together with an engineering and administration fee of five percent (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. 29 c) The Subdivider will repair, at the Subdivider’s expense, in a good and workmanlike manner, to the satisfaction of the Municipality and/or the Municipality Engineer and within such time as the Municipality and/or the Municipality Engineer may provide, any damage to any of the Services and damage to any other municipal service where such damage has resulted from the installation or construction of any Services or from the construction of any building or structure on Lands or from the performance of any other work on the Lands, or from the performance of any work within the public highways abutting the Lands or the performance of any other work arising from the terms of this Agreement. 11.4. MAINTENANCE OF SERVICES a) For the purposes of this section “maintenance” includes grading, dust- laying or snow ploughing of any road, removal of mud and/or debris from internal or abutting streets, cleaning of sewers, flushing of watermains, flushing and cleaning of stormwater management facilities and replacement of street lighting bulbs and such repairs of other works as the Municipality and/or the Municipality Engineer may from time to time designate. b) The Municipality may elect to provide maintenance from time to time for any or all of the Services constructed or installed by the Subdivider. The maintenance shall be allocated as follows: i. the Subdivider shall pay to the Municipality the costs of all such maintenance performed by the Municipality prior to the Certificate of Substantial Completion under Section 12, ii. the Municipality shall be responsible for the costs of all such maintenance performed by the Municipality after the Certificate of Substantial Completion has been issued, until the services have been Assumed by the Municipality and thereafter. c) If prior to the Certificate of Substantial Completion, in the opinion of the Municipality, snow ploughing is required or where, in respect to any other maintenance, in the Municipality and/or the Municipality Engineer’s opinion an emergency exists, the Municipality may, without notice to the Subdivider, provide snow ploughing or whatever maintenance is in the Municipality and/or the Municipality Engineer’s opinion necessary to meet such emergency in respect to any or all of the Services constructed or installed by the Subdivider. d) Where no emergency exists relating to the required maintenance work and the work is to be performed by the Municipality prior to the Certificate of Substantial Completion at the cost of the Subdivider, the Municipality shall make reasonable efforts to inform the Subdivider of the maintenance required using one or more of the following methods and the contact information provided according to this Agreement: i. conversation in person or by telephone with the Subdivider or consulting Engineer; ii. telephone message left for the Subdivider; iii. e-mail using current Subdivider email. If the Subdivider declines to perform the maintenance works or fails to undertake the maintenance work within 8 hours following the forwarding of 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 AND WATER 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 and/or water capacity in the Municipality's sewage treatment and water 30 systems beyond development of the residential Lots in a one 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. MAINTENANCE SECURITIES, SUBSTANTIAL COMPLETION AND ASSUMPTION 12.1. MAINTENANCE SECURITIES a) Prior to the issuance of any Certificate of Substantive Completion and for the duration of the Maintenance Period the Owner shall provide and maintain security in the form of cash or a letter of credit in the amount equal to ten percent (10%) of the total estimated cost of the Underground Works and twenty-five percent (25%) for the Surface Works, including all labour and materials as described in Schedule “E1” b) Prior to the issuance of the Certificate of Substantive Completion and for the duration of the Maintenance Period for the storm water management facility the Owner shall provide and maintain security in the form of cash or a letter of credit in the amount equal to the total estimated cost to undertake final cleaning and dredging of the storm water management facility including all labour and materials for inspection(s) and ECA record keeping requirements. c) Towards the end of the respective Maintenance Period(s), the Owner shall make a written request to the Municipality for a final inspection to be made. Upon inspection by the municipality, or any other agency, and at its sole discretion, the Municipality shall determine whether the Services and Works are acceptable and whether a Certificate of Assumption can be issued. The respective Maintenance Period(s) shall be automatically extended without change to this Agreement where the Municipality believes the Services or Works are not complete and the said Maintenance Period(s) shall continue to be in effect, and the maintenance security retained, until a Certificate of Assumption is issued. 12.2. CERTIFICATE OF SUBSTANTIAL COMPLETION a) After the Subdivider has completed all of the Services shown in the Engineering Drawings which are Schedules to this Agreement, the Subdivider shall apply to the Municipality for a Certificate of Substantial Completion. The Subdivider’s application shall be accompanied by: i. the Consulting Engineer’s detailed report on the completed works and Services in a form satisfactory to the Municipality and/or the Municipality Engineer, ii. a final grading plan for all lands comprising the streets and Lots within the Plan with compliance certified by the Consulting Engineer or Ontario Land Surveyor, iii. prior to final approval, the Subdivider shall submit for approval, an electronic copy and two (2) paper copies of the detailed as-constructed servicing plans designed in accordance with the Municipality of Bayham Design and Construction Standards to the satisfaction of the Municipality, iv. the video sewer inspection records referred to this Agreement. 31 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. 12.3. WARRANTY PERIOD Notwithstanding such vesting of ownership, and the performance of maintenance by the Municipality, all of the municipal Services shall continue to be fully repaired, replaced and reconstructed, as needed, by the Subdivider for a further two-year warranty period, commencing on the date on which the Municipality issues the Certificate of Substantial Completion. The Municipality shall not be deemed to have assumed responsibility for such repair, reconstruction and replacement; nor shall it be presumed or deemed that the Services comply with all specifications and standards required under this Agreement. 12.4. 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. 12.5. 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 32 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: HENRY REDECOP E: voyadit@amtelecom.net JACOB REDECOP E: 4jsredecop@gmail.com WILLIAM REDECOP E:william.redecop@gmail.com PETER WIEBE E: pwiebe@wellmaster.ca 55 North Street Vienna ON N0J 1Z0 Telephone: Henry Redecop Cell 519-617-1227 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 33 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. 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 __________ 2025. ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) ) ______________________________ ) Ed Ketchabaw, Mayor ) ) ) ______________________________ ) Thomas Thayer, Chief Administrative Officer ) I/We have authority to bind the Corporation ) Executed this day of __________, 2025. ) VIENNA RIDGE SUBDIVISION ) ) ______________________________ ) Henry Redecop, Owner ) ) ) ________________________________ ) Jacob Redecop, Owner ) ) ) ________________________________ ) William Redecop, Owner ) ) ) ________________________________ ) Peter Wiebe, Owner 34 SCHEDULE “A” LEGAL DESCRIPTION SUBDIVISION AGREEMENT dated the day of 2025. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter called the “Municipality” and one of the parties) - and - WILLIAM REDECOP, HENRY REDECOP, JACOB REDECOP AND PETER WIEBE (hereinafter called the “Subdivider” and one of the parties) LEGAL DESCRIPTION LOT D, NORTH OF KING STREET AND EAST OF NORTH STREET, PART OF LOT E, EAST SIDE OF NORTH STREET AND PART OF LOT G, SOUTH SIDE OF CHAPEL STREET, PLAN 54, PART 1, PLAN 11R-10979, MUNICIPALITY OF BAYHAM being all of PIN 35332-0790 (LT) ENCUMBRANCES 1. Charge registered as Instrument No. CT195030 on March 31, 2021, from Henry Redecop, Jacob Redecop, William Redecop, and Peter Wiebe, in favour of Kindred Credit Union, in the amount of $750,000.00. The balance due date is on demand. Notice of Amending Agreement registered as Instrument No. CT196610 on May 3, 2021, from Henry Redecop, Jacob Redecop, William Redecop, and Peter Wiebe, in favour of Kindred Credit Union. This Notice relates to Instrument No. CT195030. 2. Charge registered as Instrument No. CT249293, on December 18, 2024, from Henry Redecop, Jacob Redecop, William Redecop and Peter Wiebe in favour of Kindred Credit Union Limited in the amount of $785,000.00 Schedule "B" 36 SCHEDULE “C” SUBDIVISION AGREEMENT dated the day of , 2025. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter called the “Municipality” and one of the parties) - and - WILLIAM REDECOP, HENRY REDECOP, JACOB REDECOP AND PETER WIEBE (hereinafter called the “Subdivider” and one of the parties) LEGAL DESCRIPTION LOT D, NORTH OF KING STREET AND EAST OF NORTH STREET, PART OF LOT E, EAST SIDE OF NORTH STREET AND PART OF LOT G, SOUTH SIDE OF CHAPEL STREET, PLAN 54, PART 1, PLAN 11R-10979, MUNICIPALITY OF BAYHAM being all of PIN 35332-0790 (LT) BLOCKS AND EASEMENTS TO BE TRANSFERRED BY SUBDIVIDER 1. Easements for Municipal Services and Drainage Purposes The Owner shall grant at its expense and in favour of the Municipality the following easements for municipal services: Being Parts 1 and 2 of Draft Registered Plan 11R- XXXXX, Project 24-19165E by Kim Husted Surveying Limited described as Part of Lots 4 and 5 Registered Plan 11M-XXX (Village of Vienna) Municipality of Bayham, County of Elgin CH AP EL STREET � (15.088 WIDE -REGISTEREDPLAN No. 54) w I--w w Q'.'.I--(J) II--Q'.'.0 z LL0 I-- G �o- \_0' �££' ?\..f:'--� S' p.:?£\..e,0 o'f so0,0 \ --------(J)------<(w /--0:::: 0 z 1-w w � (/) ------ ------ -------- LOT 8 ------------ LOT 7 ------------ LOT 6 P.I.N.35332 -xxxx X X X I I I --� ------I I I - . 0 z ------------------ z " z /fl <: co " co (( 0 iri I I I Ro,4,0 I I I PART 11R 1 2943 LOT 4 EAST OF NORTH LOT P.I.N. 35332 - PART LOT P.I.N.35332 - LOT 3 5 xxxx 3.750 xxxx P.I.N.35332 -xxxx LOT 2 LOT 1 STREET - 2. LOT 5 LOT 4 1 0 w 0:::: w /-- (/) C) w 0:::: 3.750 z <( _jQ ...-...-- 0 0 0 iri 0 iri 3.750 0 0 st' 0 st' I I I I 0 I w 0:::: w /--(/) C) w 0:::: /4fVo z <( _jQ I �� "l <: (( __JLLJ Q<( Iu LL0 �::> 0(J) /--0 _j "tj- 1.() 1--1..LJw fE (J) _jLLJ Q<( Iu LL0 �:) 0(J) /--0 _j � fl:: 0 z I I REQUIRE lHIS PLAN TO BE DEPOSITED UNDER THE LAND TITLESACT PLAN 11R- RECEIVED AND DEPOSITED DATE _______ _ DATE REPRESENTATIVE FOR lHE JAMIE G. DOCKX O.L.S.LAND REGISTRAR FOR lHE LAND TITLES DIVISION OF ELGN (No. 11) PART SCHEDULE PART LOT PLAN p .I.N. PERPENDICULAR PART OF 11M-XXX PART OF 35332-XXXX4 2 PART OF 11M-XXX PART OF 35332-XXXX5 PART 1 COMPRISES PART OF P.I.N. 35332-XXXX PART 2 COMPRISES PART OF P.I.N. 35332-XXXX WHOLLY COMPILED PLAN OF PART OF LOTS 4 AND 5 REGISTERED PLAN 11M-XXX (VILLAGE OF VIENNA) MUNICIPALITY OF BA YHAM COUTY OF ELGIN 0 10 20 SCALE -1: 500 WIDTH 3.750 / 4.ooo 3.750 / 5.ooo 30 METRES UETRIC DISTANCES SHOWN ON lHIS PLAN ARE IN METRES AND CANM BE CONVERTED TO FEET BY DIVIDING BY 0.3048 KIM HUSTED SURVEYING LTD. SURVEYOR'S CERTIFICATE AS TO PARTS 1 AND 2 lHIS IS TO CERTIFY lHAT (1)- THIS PLAN IS AN ACCURATE COMPILATION BASED ON DATA DERIVEDFROM REGISTERED PLAN 11 M-XXX DATE JAMIE G. DOCKX ONTARIO LAND SURVEYOR THIS PLAN OF SURVEY RELATES TO AOLS PLAN SUBMISSION FORM NUMBER -� LEGEND P.I.N. DENOTES PROPERTY IDENTIFIER NUMBER KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR 30 HARVEY STREET, 11LLSONBURG ONTARIO, N4G 3J8 PHONE:519-842-3638 FAX: 519-842-3639 PROJECT: 24-19165E JAKE REDECOP REF: DWG. RDH 1---NOR_ TH _S_lR _EET-, -VIE-NN_A_---< FF8 CKD. JGD Schedule "C" 37 SCHEDULE “D” ENGINEERED DRAWINGS LIST AND DESCRIPTIONS SUBDIVISION AGREEMENT dated the day of , 2025. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter called the “Municipality” and one of the parties) - and – WILLIAM REDECOP, HENRY REDECOP, JACOB REDECOP AND PETER WIEBE (hereinafter called the “Subdivider” and one of the parties) The following are the list of plans identified by drawing numbers and descriptions that are located in the municipal office. Drawing No. and Description Version/Date 1. Cover Page Rev 5 - 4 Dec 2024 2. Grading Plan Rev 5 - 4 Dec 2024 3. Storm Drainage System and Areas Rev 5 - 4 Dec 2024 4. Sanitary Drainage System and Areas Rev 5 - 4 Dec 2024 5. North Street – King Street to 0+200 Rev 5 - 4 Dec 2024 6. North Street – 0+200 to Chapel Street Rev 5 - 4 Dec 2024 7. Lot 4/5 Storm & King Street Rev 5 - 4 Dec 2024 8. General Notes and Misc. Details Rev 5 - 4 Dec 2024 9. Misc. Details Rev 5 - 4 Dec 2024 10. North Street Sections XS-01 Rev 5 - 4 Dec 2024 1603 Security Estimate - 24 Nov. 2023 Security Estimate (Rev 1) - 29 May 2024 Security Estimate (Rev 2) - 1 Nov. 2024 UNIT PRICE TOTAL %$%$ SANITARY SEWER 200mmø 130 m 180 23,400 70 16,380 1200mmø manholes 3 each 7,500 22,500 70 15,750 PDC's 8 each 1,500 12,000 70 8,400 Miscellaneous 2,100 0 0 $60,000 $60,000 $40,530 $0 STORM SEWER 450mmø 95.5 m 300 28,650 70 20,055 300mmø 155 m 250 38,775 70 27,143 PDC's 8 each 1,500 12,000 70 8,400 1500mmø Catchbasin Manhole 2 each 8,000 16,000 70 11,200 Ditch Inlet catchbasin 3 each 3,000 9,000 70 6,300 Ditch Inlet Double Catchbasin 1 each 5,000 5,000 70 3,500 Miscellaneous 575 0 0 $110,000 $110,000 $76,598 $0 STORMWATER MANAGEMENT AND LOT4/5 MUNICIPAL DRAIN 525mmø 47.3 m 325 15,373 70 10,761 1500mmø Catchbasin Manhole 1 each 8,000 8,000 70 5,600 Erosion Control Mat with Seed 300 m²4 1,200 70 840 Rip-Rap on Geotextile 25 m²100 2,500 70 1,750 Infiltration Basins 8 each 5,000 40,000 70 28,000 Miscellaneous 2,928 0 0 $70,000 $70,000 $46,951 $0 WATERMAIN 150mmø 320 m 150 $48,000 70 33,600 Watermain tie-in (live-tap at Chapel St)3 each 4,500 13,500 70 9,450 Hydrant incl. lead, valve and culvert 1 each 8,000 8,000 70 5,600 150mmø water valve 5 each 2,000 10,000 70 7,000 Services 8 each 1,250 10,000 70 7,000 Miscellaneous 500 0 0 $90,000 90,000 $62,650 $0 ROADWORK Remove existing asphalt 1982 m²5 9,910 70 6,937 Offiste disposal of surplus material 850 m³15 12,750 70 8,925 Excavation, grading, ditches 1 l/s 10,000 10,000 70 7,000 Granular B (300mm thick)802 m³50 40,100 70 28,070 Granular A (100mm thick)413 m³60 24,780 70 17,346 Fine grade granular 1 l/s 3,000 3,000 70 2,100 HL8 base asphalt (50mm thick)325 tonnes 120 39,000 100 39,000 HL3 surface asphalt (50mm thick)325 tonnes 130 42,250 100 42,250 Catch Basin Adjustments 1 each 200 200 100 200 Manhole Adjustments 5 each 750 3,750 100 3,750 Replace topsoil and seed ditches 760 m²7 5,320 100 5,320 Driveway Restoration 4 each 1,200 4,800 100 4,800 Milling 75 m 25 1,875 100 1,875 Street Lights 5 each 1,400 7,000 100 7,000 Miscellaneous 265 0 0 $205,000 $205,000 $174,573 $0 SUB-TOTAL CONSTRUCTION COSTS $535,000 $401,302 $0 TOTAL REQUIRED SECURITY $401,302 Supervision and contract administration (5%)27,000 Geotechnical Investigation and Testing (1.5%)9,000 Electrical Servicing - 8 Lots @ $5,000 45,000 Utility Co-ordination by CJDL 5,000 TOTAL ESTIMATED CONSTRUCTION COST $621,000 The foregoing costs exclude: • Development charges; • HST; • Legal costs; • Utility conflicts and relocation; • Driveways; • Private Well Construction; • Grading, topsoil sod around units; • Landscaping, trees; and • Electrical service rebate. SCHEDULE E1 VIENNA RIDGE SUBDIVISION, VIENNA MUNICIPALITY OF BAYHAM ESTIMATED CONSTRUCTION COSTS 100% PERFORMANCE MAINTENANCE Peter J. Penner, P. Eng. CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, TILLSONBURG, ONTARIO. QUANTITY SECURITY ESTIMATE 1603 6 January 2025 1 January 2025 2 January 2025 3 Install storm sewers, MH's & services January 2025 4 Install watermain & services February 2025 5 Watermain testing/swabbing & infiltration gallery installation 6 Watermain connections & culvert installations 7 Utilities & install road granulars to "A" 8 Fine grading, boulevard and miscellaneous restoration 9 Fine grading and paving Install sanitary sewers, MH's & services February 2025 February 2025 February 2025 April 2025 April 2025 SCHEDULE E2 IMPLEMENTATION SCHEDULE VIENNA RIDGE SUBDIVISION, VIENNA MUNICIPALITY OF BAYHAM Removals, clearing & grubbing and sediment control FROM THE COUNCIL CHAMBERS JANUARY 14, 2025 COUNCIL MEETING County Councillor Committee Appointments Every year, Elgin County’s Warden is required to recommend the appointments of Elgin County Councillors to various Committees of Council and Local Boards. During the January 14th Council Meeting, Elgin County Council approved the proposed appointments for 2025. For the complete list of 2025 appointments, please refer to Appendix 1 of the Committee Appointment Report found in the Agenda. In 2024, the County of Elgin implemented a pedestrian crossing on East Road, just north of Joseph Street in Port Stanley, to enhance pedestrian safety. To tackle the ongoing concerns regarding the unique geometry and sightlines of the intersection, County Council has decided to reduce the speed limit on Joseph Street to 30 km/h, while also keeping the all-way stop in place. East Road Pedestrian Crossing Update * Please note this photo is not an actual representation of the crossing. Elgin County Council unanimously agreed with the Elgin Federation of Agriculture's (EFA) request to keep Elgin’s Farm Class Tax Rate at 0.23% for the 2025 Budget year. This decision demonstrates Council's continued commitment to Elgin's $609M agricultural sector, and acknowledges the essential contributions of farmers in supporting our rural communities. Farm Tax Rate Remains at 0.23% The Ministry of Municipal Affairs and Housing has proposed the Municipal Accountability Act, 2024, to help strengthen Ontario's Municipal Code of Conduct. Key updates to this Act include a standard code of conduct, improved investigation processes, and provisions for removing Council members for serious violations, aiming for consistent governance across Ontario Municipalities by Fall 2026. County Council has asked staff to collect Councillor feedback for further discussion at the January 28th County Council Meeting. Council Seeks Input on Municipal Accountability Act JANUARY 28, 2025 Next Council Meeting: The full January 14th Council Meeting Agenda can be found here: Stay Connected With Us: elgincounty.ca @ElginCounty @ElginCountyTourism @ElginCounty 10:00 AM FROM THE COUNCIL CHAMBERS JANUARY 28, 2025 COUNCIL MEETING Elgin Clean Water Program: A Decade of Progress and Impact The Elgin Clean Water Association presented its 2024 Annual Report for the Elgin Clean Water Program, which offers technical expertise and financial incentives for landowners to implement environmental projects like livestock management and wetland protection. Since its inception in 2012, 340 projects have been completed in Elgin County, totaling over $3,925,000 in costs, with the program contributing $933,645 in grants. Karen Davies, the President and Chief Executive Officer (CEO) of St. Thomas Elgin General Hospital (STEGH), delivered an update to County Councillors regarding the hospital's current state. She emphasized the urgent need for a new hospital to tackle various issues, including aging infrastructure, community growth, increasing care complexities, limited space for expansion at the current location, insufficient patient accommodations, and parking shortages. This update aimed to keep the County informed and aware of the hospital's needs and challenges. STEGH CEO Highlights Urgent Need for a New Hospital to Meet Growing Demands King Bridge, located on Ron McNeil Line west of Imperial Road, is a 14 m- long concrete bridge that is nearing the end of its useful life and requires replacement. County Council directed Elgin’s Engineering Department to award the contract to Gary D. Robinson Contracting for the completion of the King Bridge Replacement Project, at a total price of $1,578,446. King Bridge in Malahide Township to be Replaced in 2025 The Aylmer Library continues to be a vital community hub, accounting for 36% of Elgin County Library’s total circulation and serving 32% of the population (2024 statistics). Program attendance is strong, but space limitations are impacting its growth. To address this, a potential relocation to the East Elgin Community Complex is being explored with the Town of Aylmer. This move would help meet the library’s expanding space needs, enhance programming, and leverage additional community and Municipal partnerships and investments. Relocation of the Aylmer Library Branch to the East Elgin Community Complex FEBRUARY 11, 2025 Next Council Meeting: The full January 28th Council Meeting Agenda can be found here: Stay Connected With Us: elgincounty.ca @ElginCounty @ElginCountyTourism @ElginCounty 9:00 AM Media Release FOR IMMEDIATE RELEASE – January 13, 2024 Western Ontario Wardens’ Caucus Announces Mayor Amy Martin as New Chair (Southwestern Ontario, January 10, 2025) – The Western Ontario Wardens’ Caucus (WOWC) is pleased to announce that Mayor Amy Martin, of Norfolk County has been elected as Chair of the WOWC for a one-year term, effective January 10, 2025. “It is an honour to serve as Chair of the Western Ontario Wardens’ Caucus for the coming year,” said Chair Martin. “As a region, we face critical challenges and opportunities that require a unified approach. By prioritizing housing, infrastructure, workforce development, and addressing mental health, addictions, and homelessness, the WOWC will continue to advocate for solutions that drive progress and improve quality of life for residents across Southwestern Ontario.” The announcement was made following the organization’s Annual General Meeting (AGM), where additional officers were also appointed. Warden Kevin Marriott of Lambton County was elected as Vice-Chair, Al Meneses, CAO of Norfolk County will serve as Secretary, and Sonya Pritchard, CAO of Dufferin County, will hold the office of Treasurer. In addition to the Board leadership, Darren White past Warden of Dufferin County was named Chair of the WOWC Economic Development Sub-Committee. The committee includes sitting and past Wardens, with support from WOWC member CAOs, regional partners, and economic development specialists. Warden Marcus Ryan from Oxford County will serve as Chair of the Western Ontario Municipal Conference for 2025. Looking ahead, the WOWC approved the 2025-27 Strategic Plan committing to advancing the key priorities of the region, including:  Housing  Infrastructure  Workforce  Mental Health, Addictions, and Homelessness 2 “Collaboration will be at the heart of our efforts this year,” added Chair Martin. “By working together with all levels of government, industry, and community partners, the WOWC will ensure that our priorities align with the needs of the region and deliver meaningful results for our communities.” WOWC’s Board of Directors (2025-2026):  Chair Amy Martin, Norfolk County  Vice Chair Kevin Marriott, County of Lambton  Andrea Matrosovs, Grey County  Basil Clarke, Simcoe County  Brian Ropp, Middlesex County  Chris White, Wellington County  Darrin Canniff, Chatham Kent  David Bailey, County of Brant  Doug Kellum, Perth County  Grant Jones, Elgin County  Hilda MacDonald, County of Essex  Jamie Heffer, Huron County  Janet Horner, Dufferin County  Luke Charbonneau, Bruce County  Marcus Ryan, Oxford County About The Western Ontario Wardens’ Caucus (WOWC) is a not-for-profit organization representing 15 upper and single-tier municipalities in Southwestern Ontario, representing more than 1.6 million residents. The WOWC aims to enhance the prosperity and overall wellbeing of rural and small urban communities across the region. Caucus members work collectively to influence federal and provincial legislation and programs through advocacy, research, analysis and education. For more information, visit www.wowc.ca. Media Contact Kate Burns Gallagher, Executive Director Western Ontario Wardens’ Caucus T: 519-495-6059 E: kate@wowc.ca - 30 - January 30, 2025 Honourable Graydon Smith Minister of Natural Resources Whitney Block, 99 Wellesley St W Toronto, ON M7A 1W3 Via Email: minister.mnrf@ontario.ca RE: Extension of Minister’s direction for conservation authorities regarding fee changes associated with planning, development, and permitting fees – December 14, 2024. Dear Minister Smith, On behalf of the Long Point Region Conservation Authority Board of Directors I am writing to express our concerns with the Extension of the Minister’s direction for conservation authorities regarding fee changes associated with planning, development and permitting fees. The Long Point Region Conservation Authority (LPRCA) is committed to supporting the Province’s goal of building more homes quickly and efficiently in Ontario. However, the LPRCA Board of Directors are concerned and strongly opposed to the extension of the direction for conservation authorities regarding fee changes associated with planning, development and permitting fees. Conservation Authority development fees are designed to cover costs of the services provided. Freezing these fees undermines this cost-recovery model and coupled with increasing operating expenses the direction is negatively impacting the municipal levy. Without the ability to increase fees the burden is falling to our municipal partners. It is important to note, that Conservation Authority permits are not limited to residential projects. A large majority of permits issued by LPRCA are for resort residential communities and rural areas. Therefore, the universal freezing of fees has negatively impacted our revenues while only a small percentage are residential projects. LPRCA’s fees have been frozen at 2022 rates, and with the extension of the direction we are entering the third year without a fee adjustment. Coming through a period of high inflation compounds the impact of not having the ability to adjust fees to offset the annual inflationary increases. We understand that the Minister’s direction is intended to support less costly approvals in order to increase the housing supply and affordability in Ontario. We respectfully request that you do not consider extending the direction into 2026 for the factors identified and the negative impact for Conservation Authorities’ operations and member municipal levies. We look forward to working with you and further discussion on how we can collectively address the challenges related to residential development while ensuring the continued ability for Conservation Authorities to recovery the costs associated with planning and permitting activities. Thank you for your consideration. Sincerely, Dave Beres, Chair Long Point Region Conservation Authority Board of Directors CC: Honourable Doug Ford, Premier of Ontario Honourable Paul Calandra, Minister of Municipal Affairs and Housing Honourable Andrea Khanjib, Minister of Environment, Conservation and Parks Angela Coleman, General Manager, Conservation Ontario LPRCA Member Municipalities: Municipality of Bayham, County of Brant, Haldimand County, Township of Malahide, Norfolk County, Township of Norwich, Township of South-West Oxford, Town of Tillsonburg County of Frontenac 2069 Battersea Rd. Glenburnie, ON K0H 1S0 T: 613.548.9400 F: 613.548.8460 Sent Via Email 15 January 2025 Hon. Rob Flack, Minister of Agriculture, Food and Rural Affairs (OMAFRA) Association of Municipalities of Ontario (AMO) Rural Ontario Municipalities of Ontario (ROMA) All Ontario Municipalities Re: Frontenac County Council Meeting – January 15, 2025 – Motion to support increasing the maximum annual Tile Drain Loan Limit to a minimum of $250,000 Please be advised that the Council of the County of Frontenac, at its regular meeting held January 15, 2025, passed the following resolution, being Motions, Notice of Which has Been Given, clause a): Motions, Notice of Which has Been Given a) Motion to support increasing the maximum annual Tile Drain Loan Limit to a minimum of $250,000 Motion #: 47-25 Moved By: Seconded By: Councillor Greenwood-Speers Councillor Gowdy Be It Resolved That the Council of the County of Frontenac hereby support the motion from the Township of Adelaide Metcalfe requesting that the Province, through the Ministry of Agriculture, Food and Rural Affairs, consider increasing the maximum annual Tile Drain Loan Limit to a minimum of $250,000; and, And Further That Council a copy of this motion be forwarded to the Honourable Rob Flack, Minister of Agriculture, Food and Rural Affairs (OMAFRA), the Association of Municipalities of Ontario (AMO), the Rural Ontario Municipal Association (ROMA), and all Ontario municipalities. Carried Should you have any questions or concerns, please do not hesitate to contact me at 613-548-9400, ext. 302 or via email at jamini@frontenaccounty.ca. Yours Truly, Jannette Amini, Dipl.M.M., M.A. CMO Manager of Legislative Services/Clerk Copy: File January 29, 2025 All Municipalities in Ontario Via Email Re: Sovereignty of Canada Please be advised that Council of the Town of Halton Hills at its meeting of Monday, January 20, 2025, adopted Resolution No. 2025-0010 regarding Sovereignty of Canada. Attached for your information is a copy of Resolution No. 2025-0010. Respectfully, Melissa Lawr, AMP Deputy Clerk – Legislation Hello Meagan We appreciate your time on this. This is a letter to request action please. We are hoping to pay honour to a very humble, local sports champion. I attached a photo just to give an idea of what we are thinking, (not the vinyl style as shown). Hopefully we could attach a banner style sign to existing Welcome to PB signs. I am guessing roughly 12x36". It should be in red and white to represent Canada, and say: Home of World Champion Arm Wrestler Mikel Gould 1994, 1999, 2024. Canadian National Champion and Hall of Famer. We need to celebrate and embrace good news stories, and this is one for our town. Thank you to all for helping to make this a reality. Google Mike and you will learn about him. Amazing legacy. Feel free to reach out with any further questions. With thanks, Jude McHugh and Tina Berdan REPORT TREASURY DEPARTMENT TO: FROM: DATE: REPORT: Mayor & Members of Council Lorne James, Treasurer February 6, 2025 TR-01/25 SUBJECT: 2024 PUBLIC SECTOR SALARY DISCLOSURE ACT (PSSDA) BACKGROUND The Public Sector Salary Disclosure Act (PSSDA) requires all organizations covered by the Act to prepare a list, each year, of the employees who were paid $100,000 or more the year before, with their names, positions, salaries and the value of their taxable benefits. Each organization must make the list available for inspection without charge between March 31 and December 31 of the year it disclosed. Employee Position Salary Paid Taxable Benefits Thayer, Thomas Chief Administrative Officer $164,481.79 $768.30 Roloson, Edward Manager of Capital ProjectslWater/ Wastewater $161,840.40 $991.12 Adams, Steve Manager of Public Works|Drainage Superintendent $156,425.55 $490.62 James, Lorne Treasurer $130,326.94 $768.30 Baranik, Harry Fire Chief $121,567.27 $768.30 Pilkey, James Roads Operations Supervisor $111,036.43 $490.62 Elliott, Meagan Clerk $109,479.04 $465.92 Swance, Adam Water/Wastewater Operations Supervisor $108,834.62 $589.68 STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not Applicable. RECOMMENDATION 1. THAT Report TR-01/25 re 2024 Public Sector Salary Disclosure Act (PSSDA) be received for information. Respectfully submitted by: Reviewed by: Lorne James, CPA, CA Thomas Thayer, CMO, AOMC Treasurer Chief Administrative Officer REPORT TREASURY DEPARTMENT TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: February 6, 2025 REPORT: TR-02/25 FILE NO. F03.03 SUBJECT: 2024 COUNCIL REMUNERATION AND EXPENSES BACKGROUND Pursuant to Section 284(1) of the Municipal Act, 2001, as amended, a Statement of Remuneration and Expenses for all the Members of Council is to be submitted by the Treasurer each year to Council. Itemized below are the remuneration and expenses for each Member of Council for the year 2024. Taxable Expenses Conference & Mileage Reimbursements Ed Ketchabaw 24,988.58 0.00 0.00 Susan Chilcott 16,073.72 0.00 0.00 Tim Emerson 16,073.72 0.00 0.00 Dan Froese 16,073.72 0.00 0.00 Rainey Weisler 19,180.11 0.00 0.00 Total $92,389.85 $0.00 $0.00 Association of Municipalities of Ontario (AMO) Taxable Expenses Conference & Mileage Reimbursements Rainey Weisler $1,947.00 $3,735.76 $0.00 STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not Applicable. RECOMMENDATION 1. THAT Report TR-02/25 re 2024 Council Remuneration and Expenses be received for information. Respectfully submitted by: Reviewed by: Lorne James, CPA, CA Thomas Thayer, CMO, AOMC Treasurer Chief Administrative Officer REPORT TREASURY DEPARTMENT TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: February 6, 2025 REPORT: TR-03/25 SUBJECT: UPDATED CEMETERIES BY-LAW BACKGROUND On November 7, 2023, Council received recommendations from Memo JCB-08/23 re Review of Cemetery By-laws and Rates and Fees, which was received by the Joint Cemetery Board. Council passed the following motion: A. Joint Cemetery Board Recommendations to Council Moved by: Councillor Emerson Seconded by: Councillor Froese THAT the Joint Cemetery Board Recommendations be received for information; AND THAT discussions on resuming the interest guarantee at a rate of 6% of the care and maintenance investments be referred to the 2024 operating budget deliberations; AND THAT staff be directed to amend the Cemetery By-law as proposed by the Joint Cemetery Board. On December 17, 2023, staff brought forward Report TR-17/23, which had the updated Cemetery Operating and Rates and Fees By-law changes from Joint Cemetery Board recommendations. Staff submitted to Bereavement Authority of Ontario for review thereafter. BAO provided feedback to staff on November 5, 2024 for changes and amendments. Staff met with BAO officials to converse on language and operational by-law changes to find the right “Bayham” fit for the cemeteries. BAO have emailed back on January 23, 2025 with an approved-in-draft by-law for council to adopt. DISCUSSION Municipal staff have brought back a revised Cemeteries By-law, which has been approved by the BAO for implementation upon passing of By-law. The changes reflect updated language, regulations, and improvements to BAO consumer guide reporting standards. The BAO advised staff that any notice provisions in accordance with general practice were waived due to the minor nature of the updates. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not applicable. RECOMMENDATION 1. THAT Report TR-03/25 re Updated Cemeteries By-Law be received for information; 2. AND THAT the appropriate updated Cemeteries By-law be brought forward for Council’s consideration; 3. AND THAT staff be directed to forward the adopted Cemeteries By-law to the Bereavement Authority of Ontario for acceptance. Respectfully submitted: Reviewed by: Lorne James, CPA, CA Thomas Thayer, CMO, AOMC Treasurer Chief Administrative Officer REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: February 6, 2025 REPORT: CAO-04/25 SUBJECT: LETTER OF SUPPORT – CANADA HOUSING INFRASTRUCTURE FUND (CHIF) BACKGROUND The Canada Housing Infrastructure Fund (CHIF) was announced in the 2024 budget. CHIF is a Federal program; it is $6 billion fund that aims to accelerate new construction, rehabilitation, and expansion of housing-enabling drinking water, wastewater, stormwater, and solid waste infrastructure. CHIF is delivered through two funding streams: Direct delivery ($1 billion available over 8 years), and provincial and territorial agreement ($5 billion available over 10 years). Municipalities and public-sector bodies are eligible to apply. Eligible capital projects are assessed based on five general categories: • Project rationale • Housing needs addressed • Infrastructure needs addressed • Benefits to environment and community • Priority and readiness Municipalities may apply for up to 40 percent of a project’s total eligible costs. A municipality(s) may qualify for up to 50 percent if its population is less than 30,000. Letters of Support from applicant municipalities are a requirement. The application deadline is March 31, 2025, and projects have to be substantially complete by September 30, 2031. DISCUSSION The Municipality of Bayham is a joint partner with the Municipality of Central Elgin and the Township of Malahide on the Port Burwell Area Secondary Water Supply System (PBASWSS). The PBASWSS is managed by the Board of Management, with Malahide being the administering municipality. The transmission main that feeds into the Bayham Water System, which services Port Burwell and Vienna, runs in from Malahide along Nova Scotia Line. Since 2019, the transmission main has been the subject of four failures affecting the water system in Bayham. The most recent was in early 2023 and has resulted in significant discussion at the municipal and Board levels regarding the condition of a 7-kilometre stretch of the transmission main, and the costs associated with its rehabilitation. In 2023, Council received Report PS-07/24 re Port Burwell Area Secondary Water Supply System - Pipeline Desktop Condition Assessment Report. The Report included a report received by the Board of Management (PBASWSS-24-06) advising that the cost to rehabilitate the identified stretch of the transmission main was approximately $21 million, with $13.2 million (2024 figures) being Bayham’s estimated portion, based upon Bayham’s usership on the system. The transmission main was added to the 2024-2033 Capital Budget as Capital Item No. W-10, which is currently slated to be a 2028 project, which means costs may inflate before then. At the time of this Report and once the Ojibwa’s debt is retired, Bayham’s total potential debt capacity is approximately $23.5 million. Should Bayham have to pay its full portion without external subsidization or support, the $13.2 million allocation represents 56 percent of Bayham’s total debt service, which would have to be recouped through higher general water rates for Bayham water system users. In December 2024, staff of the three PBASWSS municipalities commenced discussion around a CHIF application for the rehabilitation of the 7-kilometre stretch of the PBASWSS transmission main, and met in January 2025 to confirm eligibility and feasibility for a submission. The project appears to fit well within the infrastructure need category, and a Federal 40 percent contribution would bring Bayham’s portion down to roughly $7.8 million – a decrease of $5.2 million. Bayham would likely not qualify for a 50 percent contribution as the combined population of Central Elgin, Malahide, and Bayham is greater than 30,000. Malahide staff have volunteered to lead the application process as the PBASWSS administering municipality. Bayham and Central Elgin will be providing integral support to ensuring application completeness. As a key component of the application, staff from each participating municipality are seeking a Letter of Support from their respective councils for the application. It is expected the PBASWSS Board of Management will also be considering this request at a later date. Staff recommend that Council support an application to the CHIF for the rehabilitation of the 7-kilometre stretch of the PBASWSS transmission main, and that the Mayor prepare and sign a Letter of Support to that effect. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Actively seek and apply for grants to support operational and capital projects 3.3: Quality of Governance > To strategically engage in partnerships, joint ventures and other collaborative activities that leverage the Municipality’s resources and capabilities in order to achieve enhanced efficiencies and benefits for the community and its residents. Initiative(s): Not applicable RECOMMENDATION 1. THAT Report CAO-04/25 re Letter of Support – Canada Housing Infrastructure Fund (CHIF) be received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham supports Bayham’s participation in a joint application to the Canada Housing Infrastructure Fund (CHIF) for the rehabilitation of the Port Burwell Area Secondary Water Supply System’s transmission main on Nova Scotia Line; 3. AND THAT the Mayor be authorized to prepare and sign a Letter of Support from Bayham for the CHIF application. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: February 6, 2025 REPORT: CAO-05/25 SUBJECT: BAYHAM COMMUNITY STRATEGIC PLAN PROGRESS – 2024 BACKGROUND At its July 6, 2023 Special meeting, Council received Report CAO-38/23 re 2023-2026 Bayham Community Strategic Plan Adoption. The Strategic Plan was presented to Council in draft format, and included previously-adopted proposed initiatives to be included in the Community Strategic Plan. Key Initiatives included:  Improving communication  Encouraging strategic development  Encouraging a mix of housing types  Enhancing the Port Burwell East Beach  Rehabilitating the Port Burwell Lighthouse  Focusing investment on core infrastructure  Retiring the debt associated with the HMCS Ojibwa Council passed the following motion: Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report CAO-38/23 re 2023-2026 Bayham Community Strategic Plan Adoption received for information; AND THAT Council adopt the 2023-2026 Bayham Community Strategic Plan. The intent of Initiatives is that staff will be able to specifically identify in a Report to which Initiative(s) an item applies, which will give Council and residents more information regarding how the Municipality is adhering to and implementing its Strategic Plan during the current Council term. Since adoption, the Strategic Plan has been available on the Municipal website, and has been integrated into Reports to Council via a new section that identifies the specific Goal(s), Objective(s), and Initiative(s) to which the Report applies. At its July 18, 2024 meeting, Council received Report CAO-28/24 re Bayham Community Strategic Plan Progress – 2024 Mid-Year Report. The Report presented approximately twenty initiatives actioned in the first half of 2024 aligned with the 2023- 2026 Bayham Community Strategic Plan Council passed the following motion: Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report CAO-28/24 re Bayham Community Strategic Plan Progress – 2024 Mid- Year Report be received for information. This Report provides further information on 2024’s strategic plan initiatives, with a focus on the latter half of the year. DISCUSSION The goal of this Report is to provide a summary to Council of progress made in the back half of 2024 on some key Initiatives identified in the 2023-2026 Community Strategic Plan. This is intended to demonstrate staff’s alignment with Council’s priorities and execution of same as we enter the third year of the four-year Plan. Quality of Place Quality of Place Initiatives focus on key areas such as core infrastructure investment, an improved tourism experience, and strategies to attract and retain businesses to reinforce Bayham’s economy. Bayham focuses heavily on core infrastructure renewal in accordance with the Municipality’s Asset Management Plan. Ontario Regulation (O.Reg) 588/17 requires each municipality adopted an asset management plan (AMP) and ensure that certain deadlines are met for compliance. As of July 1, 2024, Bayham’s AMP was required to include service levels and costs for all core and non-core infrastructure. Staff engaged with Watson and Associates along with the Ministry of Infrastructure to confirm Bayham’s ongoing compliance with O.Reg 588/17. Staff are working with Watson on 2025 compliance. The Municipality has also formally adopted its 2024-2029 Energy Conservation and Demand Management Plan (ECDMP) in accordance with O.Reg 25/231, which will then be used as a component of this year’s facility audits. Public Works projects mentioned in Report CAO-28/24 have since been completed, including works on Tollgate; hill management in the north end due to rain events; heating, lighting, and insulation at the Public Works Yard2; and, work on the Stewart Road Bridge3. Staff and Council were advised that the first application to the Housing Enabling Water Systems Fund (HEWSF) for expansion of the Eden Pumping Station was unsuccessful4. Council 1 Report CAO-27/24 (June 20, 2024 meeting). 2 Report PS-12/24 (July 18, 2024 meeting). 3 Report PS-11/24 (July 18, 2024 meeting). 4 Report CAO-36/24 (September 5, 2024 meeting). requested that a second, smaller application be made to the program for pump expansion, while additional direction was provided to proceed with installation of a holding tank at the Eden Pumping Station to expand existing capacity by approximately 100 new dwelling units. Staff continue to work with the engineer on this file. In November, Infrastructure Canada opened the Canada Housing Infrastructure Fund (CHIF) to support new housing development. Staff have commenced discussions with Malahide and Central Elgin about a joint application to the CHIF for the seven-kilometre stretch of the Nova Scotia Line transmission main. The costs for Bayham are estimated at $13.2 million (2024 dollars). This Capital Item (Item No. W-10) is in the Capital Budget as a $15 million item in 2028. The CHIF offers up to 40 percent funding, which would have significant positive impacts on ultimate costs of rehabilitating the transmission main. Staff has continued to work diligently with Watson and Associates Economists Ltd. on the financial planning for the water systems and the wastewater system. Six total options for funding the water and wastewater systems were presented to Council in September 20245. Council provided direction for a funding option, which was integrated into the Financial Plan, adopted by Council, and submitted to the Ministry. As a partnership with Elgin County, Elgincentives continued in 2024 as a Community Improvement Program to provide opportunities for local businesses to seek out external funding for capital upgrades in support of their operations. Two Bayham businesses received Elgincentives funding in 2024. The CAO has been involved in preliminary discussions with Elgin County about improvements that could be made to the program. It is expected these discussions will extend into 2025. The Business Retention and Expansion (BR+E) program completed in 2024, and in September, Elgin County Economic Development staff presented the findings to Council6. Quality of Life Quality of Life Initiatives focus on key areas such as a diversity of passive and active services to the community, strategic growth in accordance with resident needs, and being environmentally- conscious. Bayham staff continued its non-core portfolio work in 2024. Staff made progress in regards to the canoe/kayak launch in Vienna. Delays hindered the project in mid-year due to staff turnover at commenting agencies, but the project picked up again at the end of the year. This project is scheduled to be finalized in 2025. Staff and engineer completed the engineering works and issued the tender for the accessibility upgrades at the Marine Museum. Council awarded the tender7 and those works were started before the end of the year and are progressing steadily and on budget. These works are supported by an Enabling Accessibility Fund grant, received in 2023. The Municipality was advised of the successful rescoping of the Straffordville Community Centre expansion project under the ICIP Community, Culture and Recreation program. Council entered into the amending Transfer Payment Agreement8 and staff continue to work with contractors regarding engineering and architecture for the expansion and to inform tendering. 5 Presentation by Byron Tan (September 5, 2024 meeting). 6 Presentation by Carolyn Krahn (September 19, 2024 meeting). 7 Report PS-13/24 (October 17, 2024 meeting). 8 Report CAO-40/24 (October 3, 2024 meeting), and By-law No. 2024-061 (October 17, 2024 meeting). The East Beach had a successful year. The Municipality was successful in its 2024 Blue Flag application. Staff noted an increase in overall usership, which placed further demand on our beach contractor and staff. Council and the Waterfront Advisory Committee (WAC) have been supportive of further paid parking considerations at the East Beach9. Staff worked in the back quarter of 2024 to have this information before Council, including a presentation from HONK Mobile10. The 2025 Blue Flag application was formally submitted in December. As a part of the 2025 East Beach season, staff are investigating new educational opportunities under the Blue Flag program, including agencies such as Southwestern Public Health. The WAC will be involved with staff regarding a Make-a-Pledge Campaign, and Photography Contest. More information will be provided when available. The Municipality has successfully continued with its Official Plan Conformity Review11. This is a five-year review led by Arcadis and planning staff to receive public input and update Bayham’s Official Plan in accordance with policy direction provided by Council. Works in the fall included one-on-one consultations with Arcadis and the creation of the first draft of the Official Plan. Additional public consultation and comments are being accepted into the first quarter of 2025. Comments can be provided via email to opreview@bayham.on.ca. The Municipality has also established a dedicated webpage for the Review, which undergoes regular updates as new information becomes available. Residents are encouraged to engage in the process and provide comments. Quality of Governance Quality of Governance Initiatives focus on key areas such developing and retaining knowledge within the Municipality to improve services, demonstrating financial responsibility, and taking advantage of partnership and joint ventures to the betterment of the community. Council and staff continue to seek ways to improve communication where capacity permits. Staff returned before Council with a proposed Social Media Policy12, which has since been adopted with implementation planned for Q1 2025. The Municipality’s Rates and Fees13, and Facility Rental Policies14 also received updates to clarify language and ensure recovery of staff time for service delivery. In 2024, rates and fees updates were beneficial, primarily to building and planning services, where revenues increased significantly to offset operating costs and assist the Municipality’s overall financial position. Bayham submitted applications to four grant programs in the fall. The Fire Protection Grant program was applied to for enhancements to both fire halls for cancer prevention purposes. Council is aware that this was successful. Staff also applied to the Community Sport and Recreation Infrastructure Fund (CSRIF) for ball diamond lighting enhancements. The status of this application is still outstanding. The third application was to the second intake of the HEWSF, which has since come back to staff as unsuccessful. Finally, staff applied for the Community Emergency Preparedness Grant (CEPG) for expansion of the emergency management and response capacity of Bayham. Staff have been advised that this application was successful. Staff will be working diligently with Malahide and Central Elgin on a CHIF 9 Council received WAC recommendations at the May 2, 2024 meeting and provided direction. 10 HONK Mobile presentation at the December 19, 2024 meeting. 11 Report DS-39/24. Kick-off meeting was May 23, 2024. 12 Report CL-12/24 (December 19, 2024 meeting). 13 Report CL-10/24 (December 5, 2024 meeting) 14 Report CL-13/24 (December 19, 2024 meeting). application for the Port Burwell Secondary transmission main. The intake deadline is March 31, 2025 at 3pm. Bayham continues to make significant strides towards retiring the debt associated with the HMCS Ojibwa. Council approved in-principle the 2025-2034 Capital Budget15, which includes a $1.1 million levy into the Guarantorship Loan Transfer Reserve, putting the balance at $3.5 million of the ~$4.07 million required to retire the debt. Staff expect a surplus report in front of Council later in February, and Council can direct additional reserving of funds at that time. In addition, four lots on Ann Street are listed for sale16. The proceeds of which may be directed to the debt retirement. Bayham is in a position to retire the debt in 2025. The 2025 draft Operating Budget has yet to come before Council, however Council did provide direction to staff regarding a six-percent target for the tax levy17. Staff expect a draft Operating Budget to be available to the public in March 2025, after year-end Reports are received by Council and direction is provided regarding the Ojibwa. Internally, staff continue to cross-train and seek out ways within the existing organizational structure to provide for built-in back-ups and potential for internal succession and advancement, where possible. Staff continue the process of conceptualizing succession plans for certain roles in light of potential retirements over the next two years. Bayham staff continue to work towards service efficiencies in areas of shared services. Bayham and Malahide are 18 months into a shared building and by-law service, which has won an EA Danby Award18 and continues to improve. Turnover at the Building Inspector/Deputy Chief Building Official and By-law Enforcement Officer positions were successfully handled with the onboarding of qualified candidates in support of their reciprocal shared service. Due to increased service capacities in both functions, Bayham has reaped the benefit of higher building revenues and additional capacity for paid parking implementation in 2025, which would otherwise not be possible. Staff expect an annual shared service report before Council after year-end has been completed. The Municipality also continues to use shared services in areas of legal service, human resources, and GIS through Malahide and Elgin County to complement its operational needs. Discussion has continued at the County level and within Elgin County about a centralized planning service housed at the County, which would provide service to interested lower-tier municipalities. While this venture does not affect Bayham at this time, Southwold and Dutton/Dunwich have made the transition to the County model. Discussions are expected to continue into 2025. Staff will continue to provide updates to Council on a regular basis regarding Strategic Plan matters, both through individual Reports and planned updates to Council on progress on key projects and Initiatives to ensure accountability to both Council and the public regarding Council’s strategic goals. 15 Approved at the November 13, 2024 Special Capital Budget Meeting. 16 Report CAO-43/24 (October 17, 2024 meeting). 17 Report TR-13/24 (October 17, 2024 meeting). 18 Report CAO-28/24 (July 18, 2024 meeting) STRATEGIC PLAN As this Report is a summary of Strategic Plan Initiatives and progress over 2024, the Strategic Plan is deemed to apply in general to this Report and further applies to Quality of Governance through clear communication of how Council and staff work together to execute Council’s priorities. RECOMMENDATION 1. THAT Report CAO-05/25 re Bayham Community Strategic Plan Progress – 2024 be received for information. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: February 6, 2025 REPORT: CAO-10/25 SUBJECT: TRANSFER PAYMENT AGREEMENT – COMMUNITY EMERGENCY PREPAREDNESS GRANT BACKGROUND In 2024, the Community Emergency Preparedness Grant (CEPG) opened Round 2 of its program intake. Eligible organizations in Ontario for Round 2 included municipalities with a population under 100,000. The CEPG provides funding to help communities and organizations purchase emergency supplies, equipment, and services to assist in improved emergency response, such as:  chain saws  generators  sandbag machines  training delivery and education  exercise planning and coordination The grant funds supplies, equipment, and services that range from $5,000 to a maximum of $50,000. This investment is part of the $110 million the government earmarked over three (3) years in the 2023 Budget to strengthen emergency preparedness in Ontario. DISCUSSION Upon being notified of the CEPG program, the Fire Chief and Manager of Public Works reviewed our emergency management supplies and infrastructure to determine if a need existed that could be addressed through the program. Based on the internal review, staff submitted a CEPG application through the Transfer Payment Ontario System for a trailer and associated supplies that could be used in a variety of emergency response situations. In response to climate change and associated environmental impacts, the Municipality has been receiving an increased storm frequency at a higher intensity, and with increased precipitation in higher intensities. Historically, flooding has occurred primarily due to spring melts and associated ice jams on the Big Otter; however, these higher-precipitation events are creating more hazards in the region. The trailer is designed to respond to the annual flooding which occurs regularly in Bayham, specifically Vienna. Other than sandbagging equipment, the balance can be used to respond to any sudden emergency in which roads will be closed and where hydro service may become problematic, such as overland flooding associated with high- precipitation events in warmer seasons. Receipt of the CEPG will allow Bayham to have a multi-use emergency trailer pre-filled with equipment that will respond to any applicable emergency to provide supplies and protection as needed, including support to landowners and communications tools for a coordinated response. Based on the application for a trailer and supplies, on January 31, 2025, staff received notification that the Municipality of Bayham was being awarded a maximum sum of $50,000 through the CEPG, with a project expiry date of November 28, 2025. To finalize receipt of the funds and confirm ability to proceed with the identified work in accordance with Bayham’s CEPG application, Council is required to enter into a Transfer Payment Agreement (TPA) by by-law, which will then be remitted to the granting agency once authorized. The TPA is attached for Council’s consideration, and the appropriate authorizing by- law is further included later in this Agenda package for approval. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Actively seek and apply for grants to support operational and capital projects ATTACHMENTS 1. Transfer Payment Agreement – Community Emergency Preparedness Grant RECOMMENDATION 1. THAT Report CAO-10/25 re Transfer Payment Agreement – Community Emergency Preparedness Grant be received for information; 2. AND THAT Council authorizes the Chief Administrative Officer and Mayor to execute a Transfer Payment Agreement between His Majesty the King, in Right of Ontario, as represented by the President of the Treasury Board and the Municipality of Bayham for the Community Emergency Preparedness Grant program. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer ONTARIO TRANSFER PAYMENT AGREEMENT THE AGREEMENT is effective as of the 3rd day of March, 2025. BETWEEN: His Majesty the King in right of Ontario as represented by the President of the Treasury Board (the "Province") - and - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (the "Recipient") CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules form part of the Agreement: Schedule "A" - General Terms and Conditions Schedule "B" -Project Specific Information and Additional Provisions Schedule "C" - Project Schedule "D" - Budget Schedule "E" - Payment Plan Schedule "F" - Reports. 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 2.0 CONFLICT OR INCONSISTENCY - 2 - 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule "A", the following rules will apply: (a)the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule "A"; and (b)where it is not possible to interpret the Additional Provisions in a way that is consistent with the provisions in Schedule "A", the Additional Provisions will prevail over the provisions in Schedule "A" to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 One and the Same Agreement. The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0 AMENDING THE AGREEMENT 4.1 Amending the Agreement. The Agreement may only be amended by a written agreement duly executed by the Parties. 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement. The Recipient acknowledges that: (a)by receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); (b)His Majesty the King in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c)the Funds are: (i)to assist the Recipient to carry out the Project and not to provide goods or services to the Province; - 3 - (ii)funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); (d)the Province is not responsible for carrying out the Project; (e)the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act; and (f)the Province is bound by the Financial Administration Act (Ontario) ("FAA") and, pursuant to subsection 11.3(2) of the FAA, payment by the Province of Funds under the Agreement will be subject to, (i)an appropriation, as that term is defined in subsection 1(1) of the FAA, to which that payment can be charged being available in the Funding Year in which the payment becomes due; or (ii)The payment having been charged to an appropriation for a previous fiscal year. SIGNATURE PAGE FOLLOWS - 4 - The Parties have executed the Agreement on the dates set out below. HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by the President of Treasury Board _____________________________________________________ Date Name: Nina Diaz Title: Director THE CORPORATION OF THE MUNICIPALITY OF BAYHAM _____________________________________________________ Date Name: Lorne James Title: Treasurer I have authority to bind the Recipient _____________________________________________________ Date Name: Title: I have authority to bind the Recipient January 28, 2025 - 5 - SCHEDULE "A" GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a)words in the singular include the plural and vice-versa; (b)words in one gender include all genders; (c)the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d)any reference to dollars or currency will be in Canadian dollars and currency; and (e)"include", "includes" and "including" denote that the subsequent list is not exhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: "Additional Provisions" means the terms and conditions set out in Schedule "B". "Agreement" means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1. "Budget" means the budget attached to the Agreement as Schedule "D". "Business Day" means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year's Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. "Effective Date" means the date set out at the top of the Agreement. "Event of Default" has the meaning ascribed to it in section A12.1. "Expiry Date" means the expiry date set out in Schedule "B". "Funding Year" means: (a)in the case of the first Funding Year, the period commencing on the Effective - 6 - Date and ending on the following March 31; and (b)in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31 or the Expiry Date, whichever is first. "Funds" means the money the Province provides to the Recipient pursuant to the Agreement. "Indemnified Parties" means His Majesty the King in right of Ontario, and includes His ministers, agents, appointees, and employees. "Loss" means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any other part of the Agreement. "Maximum Funds" means the maximum set out in Schedule "B". "Notice" means any communication given or required to be given pursuant to the Agreement. "Notice Period" means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A12.3(b), and includes any such period or periods of time by which the Province extends that time pursuant to section A12.4. "Parties" means the Province and the Recipient. "Party" means either the Province or the Recipient. "Proceeding" means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Project or with any other part of the Agreement. "Project" means the undertaking described in Schedule "C". "Records Review" means any assessment the Province conducts pursuant to section A7.4. "Reports" means the reports described in Schedule "F". A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient represents, warrants, and covenants that: - 7 - (a)it is, and will continue to be, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b)it has, and will continue to have, the experience and expertise necessary to carry out the Project; (c)it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the Project, the Funds, or both; and (d)unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a)the full power and capacity to enter into the Agreement; and (b)taken all necessary actions to authorize the execution of the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a)a code of conduct and ethical responsibilities for all persons at all levels of the Recipient's organization; (b)procedures to enable the Recipient's ongoing effective functioning; (c)decision-making mechanisms for the Recipient; (d)procedures to enable the Recipient to manage Funds prudently and effectively; (e)procedures to enable the Recipient to complete the Project successfully; (f)procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (g)procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (h)procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. - 8 - A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or Article A12.0. A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a)provide the Recipient with Funds up to the Maximum Funds for the purpose of carrying out the Project; (b)provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule "E"; and (c)deposit the Funds into an account the Recipient designates provided that the account: (i)resides at a Canadian financial institution; and (ii)is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1: (a)the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof required pursuant to section A10.2; (b)the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; and (c)the Province may adjust the amount of Funds it provides to the Recipient for any Funding Year based upon the Province's assessment of the information the Recipient provides to the Province pursuant to section A7.2. A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a)carry out the Project in accordance with the Agreement; (b)use the Funds only for the purpose of carrying out the Project; - 9 - (c)spend the Funds only in accordance with the Budget; (d)not use the Funds to cover any cost that has been or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario. A4.4 Interest-Bearing Account. If the Province provides Funds before the Recipient's immediate need for the Funds, the Recipient will place the Funds in an interest- bearing account in the name of the Recipient at a Canadian financial institution. A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following: (a)deduct an amount equal to the interest from any further instalments of Funds; (b)demand from the Recipient the payment of an amount equal to the interest. A4.6 Rebates, Credits, and Refunds. The Province will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENT'S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that promotes the best value for money. A5.2 Disposal. The Recipient will not, without the Province's prior consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount as set out in Schedule "B" at the time of purchase. A6.0 CONFLICT OF INTEREST A6.1 Conflict of Interest Includes. For the purposes of Article A6.0, a conflict of interest includes any circumstances where: (a)the Recipient; or (b)any person who has the capacity to influence the Recipient's decisions, has outside commitments, relationships, or financial interests that could, or could be seen by a reasonable person to, interfere with the Recipient's objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both. - 10 - A6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest unless: (a)the Recipient: (i)provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest; and (ii)requests the consent of the Province to carry out the Project with an actual, potential, or perceived conflict of interest; (b)the Province provides its consent to the Recipient carrying out the Project with an actual, potential, or perceived conflict of interest; and (c)the Recipient complies with any terms and conditions the Province may prescribe in its consent. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, "Province" includes any auditor or representative the Province may identify. A7.2 Preparation and Submission. The Recipient will: (a)submit to the Province at the address set out in Schedule "B": (i) all Reports in accordance with the timelines and content requirements set out in Schedule "F"; (ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time; (b)ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (ii)signed by an authorized signing officer of the Recipient. A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation: (a)all financial records (including invoices and evidence of payment) relating to the Funds or otherwise to the Project in a manner consistent with either - 11 - international financial reporting standards or generally accepted accounting principles or any comparable accounting standards that apply to the Recipient; and (b)all non-financial records and documents relating to the Funds or otherwise to the Project. A7.4 Records Review. The Province may, at its own expense, upon twenty-four hours' Notice to the Recipient and during normal business hours enter upon the Recipient's premises to conduct an audit or investigation of the Recipient regarding the Recipient's compliance with the Agreement, including assessing any of the following: (a)the truth of any of the Recipient's representations and warranties; (b)the progress of the Project; (c)the Recipient's allocation and expenditure of the Funds. A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or both of the following actions: (a)inspect and copy any records and documents referred to in section A7.3; (b)remove any copies the Province makes pursuant to section A7.5(a). A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7. 5, the Recipient will cooperate with the Province by: (a)ensuring that the Province has access to the records and documents wherever they are located; (b)assisting the Province to copy records and documents; (c)providing to the Province, in the form the Province specifies, any information the Province identifies; and (d)carrying out any other activities the Province requests. A7.7 No Control of Records. No provision of the Agreement will be construed to give the Province any control whatsoever over any of the Recipient's records. A7.8 Auditor General. The Province's rights under Article A7.0 are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act - 12 - (Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Project-related publications, whether written, oral, or visual: (a)acknowledge the support of the Province for the Project; (b)ensure that any acknowledgement is in a form and manner as the Province directs; and (c)indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 INDEMNITY A9.1 Indemnify. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the gross negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount set out in Schedule "B" per occurrence, which commercial general liability insurance policy will include the following: (a)the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (b)a cross-liability clause; (c)contractual liability coverage; and (d)at least 30 days' written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: - 13 - (a)provide to the Province, either: (i)certificates of insurance that confirm the insurance coverage required by section A10.1; or (ii)other proof that confirms the insurance coverage required by section A10.1; and (b)in the event of a Proceeding, and upon the Province's request, the Recipient will provide to the Province a copy of any of the Recipient's insurance policies that relate to the Project or otherwise to the Agreement, or both. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving 30 days' Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions: (a)cancel further instalments of Funds; (b)demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c)determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i)permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section A11.2(b); and (ii)subject to section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A12.1 Events of Default. Each of the following events will constitute an Event of Default: (a)in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: - 14 - (i)carry out the Project; (ii)use or spend Funds; or (iii)provide, in accordance with section A7.2, Reports or such other reports as the Province may have requested pursuant to section A7.2(a)(ii); (b)the Recipient's operations, its financial condition, its organizational structure or its control changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (c)the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; (d)the Recipient ceases to operate. A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a)initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b)provide the Recipient with an opportunity to remedy the Event of Default; (c)suspend the payment of Funds for such period as the Province determines appropriate; (d)reduce the amount of the Funds; (e)cancel further instalments of Funds; (f)demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g)demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h)demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; (i)demand from the Recipient the payment of an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Records Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and - 15 - (j)upon giving Notice to the Recipient, terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province. A12.3 Opportunity to Remedy. If, pursuant to section A12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a)the particulars of the Event of Default; and (b)the Notice Period. A12.4 Recipient not Remedying. If the Province provides the Recipient with an opportunity to remedy the Event of Default pursuant to section A12.2(b), and: (a)the Recipient does not remedy the Event of Default within the Notice Period; (b)it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c)the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A12.2(a), (c), (d), (e), (f), (g), (h), (i) and (j). A12.5 When Termination Effective. Termination under Article A12.0 will take effect as provided for in the Notice. A13.0 FUNDS AT THE END OF A FUNDING YEAR A13.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A12.0, if, by the end of a Funding Year, the Recipient has not spent all of the Funds allocated for that Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a)demand from the Recipient payment of the unspent Funds; (b)adjust the amount of any further instalments of Funds accordingly. A14.0 FUNDS UPON EXPIRY A14.1 Funds Upon Expiry. Upon expiry of the Agreement, the Recipient will pay to the Province any Funds remaining in its possession, under its control, or both. A15.0 DEBT DUE AND PAYMENT - 16 - A15.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a)deduct an amount equal to the excess Funds from any further instalments of Funds; or (b)demand that the Recipient pay to the Province an amount equal to the excess Funds. A15.2 Debt Due. If, pursuant to the Agreement: (a)the Province demands from the Recipient the payment of any Funds, an amount equal to any Funds or any other amounts owing under the Agreement; or (b)the Recipient owes to the Province any Funds, an amount equal to any Funds or any other amounts owing under the Agreement, whether or not the Province has demanded their payment, such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A15.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then current interest rate charged by the Province of Ontario on accounts receivable. A15.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the "Ontario Minister of Finance" and delivered to the Province at the address set out in Schedule "B". A15.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, His Majesty the King in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by His Majesty the King in right of Ontario. A16.0 NOTICE A16.1 Notice in Writing and Addressed. Notice will be: (a)in writing; (b)delivered by email, postage-prepaid mail, personal delivery, courier or fax; and - 17 - (c)addressed to the Province or the Recipient as set out in Schedule "B", or as either Party later designates to the other by Notice. A16.2 Notice Given. Notice will be deemed to have been given: (a)in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b)in the case of fax, one Business Day after the Notice is delivered; and (c)in the case of email, personal delivery or courier on the date on which the Notice is delivered. A16.3 Postal Disruption. Despite section A16.2(a), in the event of a postal disruption: (a)Notice by postage-prepaid mail will not be deemed to be given; and (b)the Party giving Notice will give Notice by email, personal delivery, courier or fax. A17.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A17.1 Consent. When the Province provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c)the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent. A18.0 SEVERABILITY OF PROVISIONS A18.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A19.0 WAIVER A19.1 Condonation not a waiver.Failure or delay by the either Party to exercise any of its rights,powers or remedies under the Agreement will not constitute a waiver of those rights,powers or remedies and the obligations of the Parties with respect to such rights,powers or remedies will continue in full force and effect. - 18 - A19.2 Waiver. Either Party may waive any of its rights, powers or remedies under the Agreement by providing Notice to the other Party. A waiver will apply only to the specific rights, powers or remedies identified in the Notice and the Party providing the waiver may attach terms and conditions to the waiver. A20.0 INDEPENDENT PARTIES A20.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is or take any actions that could establish or imply such a relationship. A21.0 ASSIGNMENT OF AGREEMENT OR FUNDS A21.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A21.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a)the Recipient's heirs, executors, administrators, successors, and permitted assigns; and (b)the successors to His Majesty the King in right of Ontario. A22.0 GOVERNING LAW A22.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A23.0 FURTHER ASSURANCES A23.1 Agreement into Effect. The Recipient will: (a)provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains; and (b)do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. - 19 - A24.0 JOINT AND SEVERAL LIABILITY A24.1 Joint and Several Liability. Where the Recipient comprises more than one entity, each entity will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A25.0 RIGHTS AND REMEDIES CUMULATIVE A25.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A26.1 Other Agreements. If the Recipient: (a)has failed to comply with any term, condition, or obligation under any other agreement with His Majesty the King in right of Ontario or one of His agencies (a "Failure"); (b)has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c)has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d)such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A27.0 SURVIVAL A27.1 Survival. The following Articles and sections, and all applicable cross-referenced Articles, sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.4, A4.5, A4.6, section A5.2, section A7.1, section A7.2 (to the extent that the Recipient has not provided the Reports or other reports as the Province may have requested and to the satisfaction of the Province), sections A7.3, A7.4, A7.5, A7.6, A7. 7, A7.8, Article A8.0, Article A9.0, section A11.2, section A12.1, sections A12.2(d), (e), (f), (g), (h), (i) and (j), Article A13.0, Article A14.0, Article A15.0, Article A16.0, Article A18.0, section A21.2, Article A22.0, Article A24.0, Article A25.0 and Article A27.0. - 20 - END OF GENERAL TERMS AND CONDITIONS - 21 - SCHEDULE "B" PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds $50,000.00 Project Expiry Date November 28, 2025 Amount for the purposes of section A5.2 (Disposal) of Schedule "A" $25,000 Certificate of Insurance $ 2,000,000 Contact information for the purposes of Notice to the Province Priscilla McKenzie Senior Manager Design and Implementation Unit, Emergency Management Ontario Treasury Board Secretariat Address: Emergency Management Ontario 25 Morton Shulman Avenue Toronto, Ontario, M3M 0B1 Email: EMOcommunitygrants@ontario.ca Contact information for the purposes of Notice to the Recipient Name: Lorne James Position: Treasurer Address: 56169 HERITAGE LINE, STRAFFORDVILLE, ON, N0J1Y0 Phone: 5198665521 Email: ljames@bayham.on.ca Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Name: Position: Address: Phone: Email: Additional Provisions: B1.0 ADDITIONAL COMMUNICATIONS REQUIREMENTS B1.1 Communications Details. The Recipient agrees that: (a)Any of the Province's Project-related communications shall be at the discretion of - 22 - the Province. (b)The Province may acknowledge the Project in any of its communications. (c)The Province may request that the Recipient participate in an announcement or media event with government officials. (d)The Recipient shall share any proposed public-facing Project-related communications with the Province for review prior to public release. (e)The Province may also request a summary of any of the Recipient's planned communication activities about the Project. (f)Any of the Recipient's Project-related public communications about the Project shall be made in accordance with the timing specified by the Province, including the timing of any official Project launch announcement. Visual identity and branding for any Project-related products, materials, equipment, and other assets used by the Recipient shall be in accordance with direction provided by the Province - 23 - SCHEDULE "C" PROJECT A) The trailer is designed to respond to the annual flooding which occurs within the Municipality of Bayham. However, the equipment, other than the sand bagging equipment, can also be utilized to respond to any sudden emergency in which roads will be closed, and hydro may become an issue. B) This grant will allow the Municipality to have a trailer pre-filled with equipment that will respond to protect the area, and have equipment that can be handed out to property owners that will allow them to protect their homes and reduce the effects of a flood. Other equipment intended to be purchased is for warning the people of an approaching flooded area. And communiciation equipment that will allow staff to coordinate their response. C. With the changing of the climate, the municipality has been receiving increasing numbers of storms. In the past, ice jams were the reason for the flooding. However, last year, there was little ice and it was the sheer amount of ongoing intense rain that caused the waters to flow over the Creek's banks. Project Timelines Project Start Date Effective Date of the Transfer Payment Agreement Completion Date May 31, 2025 Performance Metrics KPI Description/Calculation Target Increasing emergency preparedness in this community as a result of this project Rate of emergency preparedness increase in this community as a result of this project (scale: 1 (not prepared), 2 (minimally prepared), 3 (partially prepared), 4 (mostly prepared), 5 (fully prepared)) 4 Increase number of volunteers in the community as a result of this project Number of volunteers recruited for the organization/project 0 Increase number of people trained for emergency preparedness as a result of this project Number of people trained 10 Client Provided Performance Metrics KPI Description/Calculation Target - 24 - Increased warning of emergency Avoiding the public to enter dangerous area 5 Protection of Personal Property Offering supplies in which the public can protect their personal property. 1 - 25 - SCHEDULE "D" BUDGET Expense Category Total Supplies $19,450.00 Capital Equipment $17,500.00 Services $0.00 Training $0.00 Other $13,050.00 Total Funding Request $50,000.00 - 26 - SCHEDULE "E" PAYMENT PLAN The payment of Funds will be made by electronic fund transfer by the Province. The Recipient is required to have a profile on the Integrated Financial Information System (IFIS) system and is responsible for keeping it up to date with appropriate banking and contact information. Payment Amount Payment Date Payment $50,000.00 Up to 15 Business Days after all the following occur: ·the Agreement is signed by both parties; ·the Province receives the following from the Recipient the Certificate of Insurance - 27 - SCHEDULE "F" REPORTS The following documents will be required before completion of report back: ·Confirmation of signing authority; and ·Copy of notification to elected official/head for awareness Final Report. The Recipient shall include the following in the Final Report: (a)Final expense summary, including a reconciliation of actual payments made by the Province and actual expenses incurred by the Recipient in accordance with the Budget. (b)An explanation of variances between the Budget and actual expenses incurred by the Recipient. (c)Itemized list of all capital and operating equipment purchased. (d)Supporting documents substantiating the Recipient's completion of Project activities. (e)Summary of Project and performance measures results demonstrating how the Project has enhanced capabilities. (f)Final Report to be completed on TPON by the Recipient's Finance Contact or equivalent in accordance". A failure to meet any of the reporting requirements described above may impact the Recipient's ability to return Funds under this Agreement, as well as the Recipient's eligibility to receive funding that may be available through future iterations of the program. Unless the Province specifies otherwise, all Reports must be completed in Transfer Payment Ontario. Project reporting deadline September 12, 2025 THE CORPORATION OF MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-006 BEING A BY-LAW FOR THE MANAGEMENT, REGULATION & CONTROL OF CEMETERIES WHEREAS pursuant to the Funeral, Burial and Cremation Services Act 2002, Ontario Regulation 30/11, s.150 (1) an owner of a cemetery or crematorium may make by-laws affecting the operation of the cemetery or crematorium; AND WHEREAS the Corporation of the Municipality of Bayham is the owner of cemeteries; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS: SHORT TITLE This By-law may be cited as the Cemeteries By-law Section 1 - Definitions 1.1 For the purpose of this By-law: a) ‘Act’ shall mean the Funeral, Burial and Cremation Services Act, 2002, as amended and the Regulations thereto. b) ‘Board’ shall mean the Cemetery Board appointed by the Municipality to oversee the Cemetery in accordance with the Cemetery By-law and the Act. c) ‘Burial’ shall mean the opening and closing of an in-ground lot or plot for the disposition of human remains or cremated human remains. d) ‘Care and Maintenance Fund’ The FBCSA, O. Reg. 30/11 and O. Reg. 184/12 require that an amount of money, that is the greater of a minimum prescribed amount and a percentage of the purchase price (excluding tax) of all interment rights sold, transferred or assigned; and prescribed amounts for monuments and markers, be contributed into the operator’s care and maintenance trust fund. Interest earned from this Care and Maintenance Fund is used to cover the costs of care and maintenance of the cemetery, including markers and monuments, in perpetuity. e) ‘Cemetery’ shall mean lands set aside and approved for the interment of human remains and includes a mausoleum, columbarium, scattering garden, chapel or other similar structures. f) ‘Cemetery Operator’ shall mean the Municipality or designate. g) ‘Cemetery Services’ shall mean: i. opening and closing of a lot or plot; ii. interring or disinterring human remains; iii. construction of a foundation and installation of a marker or monument; iv. setting of corner posts v. placement of cremated remains in a columbarium. h) ‘Cemetery Supplies’ shall mean interment vaults, liners, markers, flowers, artificial wreaths, caskets, coffins, markers, monuments and other articles intended to be placed in a cemetery. i) ‘Columbarium’ shall mean a structure designed for the interment of cremated human remains in sealed compartments known as a ‘niche’. j) Contract: A written contract between the cemetery operator and the purchaser of interment or other cemetery supplies and services. Purchasers shall receive a copy of the signed contract detailing the obligations of both parties and acknowledging 1. Receipt of the cemetery by-laws, 2. A copy of the BAO’s publication A Guide to Death Care in Ontario (“Consumer Information Guide”) and 3. The operator’s current price list. k) ‘Corner Posts’ shall mean any stone or other land markers which shall be set flush with the surface of the ground and used to indicate the location of a lot or plot. l) ‘Corporation’ shall mean the Corporation of the Municipality of Bayham. m) ‘Council’ shall mean the Council of the Corporation of the Municipality of Bayham. n) ‘Cremated Remains’ Means all recoverable bone fragments of a dead human body that remain after cremation in a crematorium. Bone fragments are mechanically processed to reduce the particle size. o) ‘Foot Stones’ shall mean a stone placed at the foot of a plot. p) ‘Holiday’ known as statutory holidays as legislated either through Federal or provincial legislation. q) ‘Interment Right’ shall mean the right to require or direct the interment of human remains or cremated human remains in a lot or niche and to authorize the installation (and inscriptions) of a monument or marker. r) ‘Interment Rights Certificate’ shall mean the document issued by the Cemetery operator to the purchaser once the interment rights have been paid in full, identifying ownership of the interment rights and authority over those specific interment rights. s) ‘Interment Rights Holder’ shall mean the person(s) authorized or entitled to authorize the interment of human remains in a specified lot. They may be the person named in the Interment Rights Certificate or such other person to whom the rights have been assigned. t) ‘Lot’ shall mean an area of land containing or set aside to contain human remains and includes a tomb, crypt, a compartment in a mausoleum and a niche in a columbarium or mausoleum. u) ‘Marker’ shall mean any permanent memorial structure that is set flush and level with the ground and used to mark the location of a burial lot. v) ‘Monument’ shall mean any permanent memorial projecting above the ground installed within the designated space to mark the location of a burial or lot. w) ‘Plot’ shall mean two or more lots in which the rights to inter/bury have been sold as a unit. x) ‘Price List’ shall mean the Cemetery ‘Price List’ set forth in the appropriate by-law as approved by Council as amended from time to time. y) ‘Scattering’ shall mean the spreading of cremated remains over a designated area within a Cemetery. z) ‘Secretary-Treasurer’ shall mean the Secretary-Treasurer of the Board as outlined in the Municipality of Bayham Advisory Board and Committee Policy. Section 2 – General Provisions 2.1 All persons entering the Cemetery shall behave with due order and decorum and with due respect to the dead. 2.2 Interment Rights Holders shall not permit interments to be made in their lots or plots for remuneration. 2.3 Vehicles within the Cemetery shall be driven at a speed not exceeding 25 kilometres per hour and shall not allow wheels of any such vehicles to run on sod. Vehicle owners and drivers shall be held responsible for any damage done by them. 2.4 Recreational vehicles are not permitted within the Cemetery. 2.5 No persons under the age of sixteen years shall be admitted within the Cemetery unless attended by an adult who shall be responsible for their conduct. 2.6 No persons shall: i. place any fences, railings, or other enclosures around any lot or plot; ii. plant any flowers, plants, shrubs or trees without the permission of the Board. The Board reserves the right to enter onto the lot or plot and remove any flowers, plants, shrubs, or trees planted without permission of the Board; iii. write upon, deface, injure or damage any markers, railing, fence or other structure, or pick or cut flowers of any kind; iv. have in their possession any firearm within the Cemetery enclosure except in the case of a Military or Police Funeral; v. enter into the Cemetery between dusk and dawn; vi. allow entry into the Cemetery of any animal under their ownership and/or control, excluding guide animals. 2.7 Should any trees, shrubs, bushes, flowers or structures situated on or around any lot by any means become detrimental to adjacent lots, monuments, drains, road or walkways or to the convenience or safety of the public, or to the general appearance of the grounds, the Board may remove such trees shrubs or structures or any part thereof. 2.8 In order to preserve the appearance of the grounds, artificial wreaths must be removed off the ground before April 1st of each year. Otherwise, the cemetery authorities will remove them. 2.9 Rubbish shall not be thrown out on roads, walks, or any part of the grounds. A barrel is provided for the deposit of weeds, decayed flowers, plants, etc. 2.10 No unauthorized person shall make any walk, cut any sod or move corner posts or grave markers in the cemetery or in any other way change the surface of any burial lot in the cemetery. 2.11 The Board shall not be responsible for loss of or damage to any portable articles left upon any lot or grave. 2.12 Conveyances heavily loaded shall not be permitted to enter the Cemetery without the approval and supervision of the Board. 2.13 Any person who damages any lot or plot, marker or other structure, or otherwise does any injury in the Cemetery shall be personally responsible for such damage or injury. 2.14 Any person violating any of the provisions of this by law shall be deemed to be a trespasser and subject to immediate summary eviction from the Cemetery in addition to any and all other penalties provided by law. 2.15 The cemetery reserves the right to regulate the articles placed on lots or plots that pose a threat to the safety of all interment rights holders and visitors to the cemetery, prevents the cemetery from performing general cemetery operations, or are not in keeping with the respect and dignity of the cemetery. 2.16 Prohibited articles will be removed and disposed of without notification and may include articles made of hazardous materials such as glass (excludes glass attached to monuments), ceramics, or corrosive metals; loose stones or sharp objects; trellises or arches; chairs or benches. 2.17 Flowers placed on a grave for a funeral shall be removed by the cemetery operator, after a reasonable time, to protect the sod. 2.18 The cemetery reserves the right to remove quantities of memorial wreaths or flowers considered to be excessive and that diminishes the otherwise tidy appearance of the cemetery. 2.19 The Hours of Operation for Cemeteries shall be 8:30 a.m. until 4:30 p.m., Monday through Friday, except statutory holidays. 2.20 The hours for Cemetery Visitation shall be from dawn until dusk. 2.21 The cemetery operator will not be held liable for any loss or damage, without limitation (including damage by the elements, Acts of God, or vandals) to, any lot, plot, monument, marker, or other article that has been placed in relation to an interment right, except for loss or damage caused by gross negligence of the cemetery operator. 2.22 In case of an error made by the cemetery operator during an interment, disinterment or removal, or in the transfer of any interment rights for a lot, plot, crypt or niche, the cemetery operator reserves the right to correct the error, and will take the following action, in consultation with the interment rights holder or their authorized representative: In the case of a transfer of interment rights, cancel such transfer and substitute and grant in lieu thereof other interment rights such as lot, plot, crypt or niche of equal or greater value and similar location as far as is reasonably possible and as may be selected by the cemetery operator, in its sole and absolute discretion, or refund a portion or all the money paid on account of the purchases of said interment rights, as shall be determined by the cemetery operator. 2.23 As required by the FBCSA, all cemetery and crematorium operators must maintain a public register that is available to the public for review during regular office hours or by appointment, and without charge. 2.24 Pets or other lower animals, including cremated animal remains, are not allowed to be buried on cemetery grounds. 2.25 The Cemetery has the right at any time to re-survey, enlarge, diminish, re-plot, change or remove plantings, grade, close pathways or roads, alter in shape or size, or otherwise change all or any part of the cemetery, subject to approval of the appropriate authorities and consent from the Registrar, FBCSA, BAO, where necessary. 2.26 Bayham Cemeteries with Boards Bayham West (Richmond) Cemetery Calton Cemetery Eden Cemetery Guysboro Cemetery Smuck Cemetery Straffordville Cemetery Cemeteries Without Boards Abandoned Cemetery Amerman Cemetery Best (Corinth) Cemetery Claus Cemetery Dobbie Cemetery Edison Cemetery Estherville (Old Port Burwell) (Otter Valley Baptist) Cemetery Firby Cemetery Hemlock Creek Cemetery Hutchison Cemetery Light Cemetery Old Eden Cemetery Old Richmond (Godwin) Cemetery Otter Valley Cemetery Stanton Cemeter Section 3 - Operations FINANCIAL 3.1 All applicable fees and charges shall be payable in accordance with the fees set by the Council upon recommendation of the Board and listed on the Cemetery Price List. 3.2 Payments for all fees and charges shall be made to the office of the Secretary-Treasurer of the Board and transferred to the Treasurer as applicable. 3.3 A Secretary-Treasurer and/or Treasurer of the Municipality shall keep such books, accounts and records as are necessary for properly recording and exhibiting all financial matters pertaining to the Cemetery as may be prescribed, as applicable. 3.4 All revenue and other monies belonging or pertaining to the Cemetery shall be received by the Secretary-Treasurer or Treasurer of the Municipality as applicable. 3.5 The Treasurer of the Municipality shall maintain, invest, and administer the Care and Maintenance Fund in accordance with provisions and regulations of the Act. See section Definitions for further information. 3.6 The application and use of monies, or any part thereof, received and under the control and management of the Board may accumulate and be held or subsequently expended or invested. 3.7 The revenue derived from the Care and Maintenance Fund shall be applied at the discretion of the Board, and shall be used for general maintenance and improvement of the Cemetery. 3.8 The revenue derived from that portion of the Care and Maintenance Fund pertaining to the care of markers shall be applied at the discretion of the Board for general maintenance of markers. 3.9 Each Board shall have the authority to establish special funds for donations. The application and use of said funds shall be at the discretion of the Board. 3.10 The Board shall not be bound to expend the whole or any part of the interest or monies earned, including the compounding thereof, but may accumulate and hold or subsequently expend the same or any part thereof, or invest the same or any part thereof. 3.11 A portion of the price of interment rights is trusted into the Care and Maintenance Fund. The income generated from this fund is used to maintain, secure and preserve the cemetery grounds. 3.12 Contributions to the care and maintenance fund are not refundable except when interment rights are cancelled within the 30-day cooling off period. 3.13 Services that can be provided through the income generated from the Care and Maintenance Fund include: i. Lawn care, re-levelling and sodding or seeding of lots; ii. Maintenance of cemetery roads, sewers and water systems; iii. Maintenance of perimeter walls and fences; iv. Maintenance of cemetery landscaping; v. Repairs and general upkeep of cemetery maintenance buildings and equipment. vi. To the extent that income from the Care and Maintenance Fund permits, the cemetery operator will stabilize and secure markers and monuments within the cemetery. SALES 3.14 Lots or plots, subdivision of lots or plots or niches may be purchased by individuals upon payment of the appropriate Price List. At the time of sale, the Secretary-Treasurer or Treasurer of the Municipality of Bayham shall provide a copy of the following: i. the Cemetery Contract; ii. the Price List and iii. the Cemeteries By-Law. iv. upon payment in full, the Secretary-Treasurer or Treasurer, as applicable, shall provide an Interment Rights Certificate. v. BAO Consumer Information Guide 3.15 Purchasers of lots, plots or niches acquire only the right and privilege of interment of human remains and of erecting markers, subject to the provisions of the Cemeteries By-Law. 3.16 Each purchaser of a lot, plot or niche shall be entitled to an Interment Rights Certificate, but only when all indebtedness has been satisfied and all charges on the lot or plot have been paid. 3.17 No burial or installation of any monument, marker, inscription or memorialization is permitted until the interment rights, all fees including care and maintenance fees, have been paid in full. 3.18 The Interment Rights Certificate shall specify: i. the name of the Interment Rights Holder; ii. the Certificate number; iii. the name and address of the Cemetery; iv. the size of the lot or plot; v. the location of the lot or plot; vi. the date of purchase; vii. the amount paid; viii. the amount deposited into the Care and Maintenance Fund; and ix. a statement regarding transfer restrictions of said interment rights. 3.19 The Interment Rights Holder must designate in writing, upon the Interment Permission Form if another person is to be buried in their lot or plot. 3.20 The Board may restrict the sale of single lots to certain areas in the Cemetery. 3.21 Only licensed Cemetery sales representatives employed on behalf of the Cemetery Operator may sell Interment Rights. 3.22 The boundaries of any new lot or plot sold shall be marked with corner posts on approval by the Board. All corner posts shall be placed by the Board at the expense of the owner of the lot or plot wherein the same are placed. 3.23 All corner posts shall be placed level with the ground. CANCELLATION 3.24 A purchaser has the right to cancel an interment rights contract within thirty (30) days of signing the interment rights contract, by providing written notice of the cancellation to the cemetery operator. 3.25 The cemetery operator will refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation. 3.26 If any portion of the interment rights have been exercised, the purchaser, or the interment rights holder(s) are not entitled to cancel the contract or re-sell the interment rights. When the cemetery operator does not prohibit the resale of interment rights, the operator may repurchase the interment rights portion from the rights holder(s) by negotiating a purchase price, so long as the seller acknowledges being aware of the cemetery operator’s current price list amount for interment rights. CONTRACT 3.27 All purchasers of interment rights must sign a contract with the cemetery, detailing the obligations of both parties and acceptance of the cemetery by-laws. 3.28 The purchaser of Interment Rights shall be provided with a Contract, at the time the Contract is made, which shall indicate: i. the date Interment Rights were purchased; ii. the name and address of purchaser; iii. the purchase price including an itemized breakdown of charges and all applicable taxes; iv. the percentage or amount of the purchase price being set aside for Care and Maintenance; v. the existence of a by-law that governs the operation of the cemetery and includes restrictions on Interment Rights in the cemetery; vi. a Certificate of Interment Rights will not be issued until the Interment Rights including Care and Maintenance have been paid in full; and vii. Interment rights may be resold to a third party, through the operator. TRANSFERS, REPURCHASES & THIRD-PARTY RESALE 3.29 An Individual interment rights holder may re-sell his interment right to a third party, through the Cemetery Operator, as long as no internment rights in the original purchase have been used TRANSFERS 3.30 For the purposes of this subsection, ‘transfer’ shall mean a gift, a bequest or any other transfer made without consideration. 3.30.1 If an Interment Rights Holder wishes to transfer their interment rights, notice shall be given, on the ‘Transfer Form’, to the Board Secretary-Treasurer or Treasurer and the original certificate must be returned. 3.30.2 Upon receipt of a request on the ‘Transfer Form’, from the Interment Rights Holder specifying the name and address of the transferor and the transferee, and location of lot or plot, the Secretary-Treasurer or Treasurer, upon payment of the transfer fee in accordance with the Price List, will perform the transfer and provide the interment rights holder with the documents outlined in Section 3.14 of this By-law. 3.31 In the case of succession the following will be required in addition to the aforementioned. 3.31.1 With a Last Will and Testament: i. in case of a specific bequest of an unused lot, a copy of the will of the purchaser is to be provided to the cemetery representative; ii. if no specific bequest, a request in writing from the Executors with the written consent of all or a majority of the beneficiaries; 3.31.2 Intestate: i. A request in writing from the Executor with the consent of all or a majority of the heirs-at- law. 3.31.3 The transfer of Interment Rights is not binding upon the Board until a duly executed transfer form has been deposited with the Secretary-Treasurer or Treasurer. Repurchases: 3.32 An individual who wishes to negotiate a repurchase of his unused interment rights back to the Cemetery for a fee, being no more than the fee on the current Price List, shall return the original Certificate (deed’ or ‘Perpetual Receipt’ as appropriate), complete, sign and provide the ‘Repurchase of Interment Rights Form’, to the Cemetery Operator. 3.33 The Cemetery operator may negotiate a price, less the amount placed into the Care and Maintenance Fund. The Cemetery operator is not obligated to repurchase. 3.34 Should the individual and the Cemetery Operator agree upon the price, the transaction is completed upon approval and signing of the ‘Repurchase of Interment Rights Form’ by the Cemetery Operator and payment of the negotiated amount to the individual by the Cemetery Operator. There is no charge for a negotiated repurchase back to the cemetery. 3.35 An individual who wishes to donate his unused interment rights back to the Cemetery shall return the original Certificate (deed’ or ‘Perpetual Receipt’ as appropriate), complete, sign and provide the ‘Repurchase of Interment Rights Form’, to the Cemetery Operator. The transaction is complete upon approval and signing of the ‘Repurchase of Interment Rights Form’ by the Cemetery Operator. There is no charge for a donated repurchase back to the cemetery. Resale: RESALE OF INTERMENT RIGHTS IS PERMITTED. 3.36 An Individual interment rights holder may resell his interment right to a third party, through the Cemetery Operator, before the rights are exercised, at an amount that is no greater than the price of those rights as indicated on the cemetery’s current price list at the time of resale. Before reselling the rights, the rights holder may first inquire whether the cemetery operator is willing to repurchase the rights at a negotiated price. Any resale of interment rights shall be in accordance with the requirements of the cemetery by-laws and in keeping with the FBCSA and Ontario Regulations. Should an interment rights holder wish to resell their interment rights, they must first complete Part 1 and Part 2 of the Interment Rights Resale Endorsement Form. 3.37 The interment rights holder(s) intending to resell their rights shall provide the following documents to the cemetery operator, so that the operator can confirm the ownership of the rights and provide the third-party purchaser with the required certificate: i. the interment rights certificate endorsed by the current rights holder; ii. a written statement of the number of lots that have been used in the plot and the number of lots that remain available. However, no sale/resale of interment rights is permitted if any of the rights in the original purchase have been used. iii. any other documentation in the interment rights holder(s) possession relating to the rights. iv. an Interment Rights Resale Endorsement, signed by the rights holder(s) selling the interment rights, acknowledging the sale of the interment rights to the third party purchaser; v. confirmation that the person selling the interment rights is the person registered on the cemetery records and that they have the right to re-sell the interment rights; vi. the date of resale of the interment rights to the third party; vii. the name and address of the third-party purchaser(s); viii. a statement of any money owing to the Cemetery Operator in respect to the interment rights. ix. A copy of the current cemetery by-laws 3.38 Upon the return of the original Interment Rights Certificate (deed’ or ‘Perpetual Receipt’ as appropriate), the completed and signed Interment Rights Resale Endorsement Form, and payment of the Resale Endorsement fee, the Secretary-Treasurer or Treasurer shall sign the Form and issue a new Interment Rights Certificate in the name of the new rights holder, 3.39 Upon completion of the above listed procedures, and upon the issuance of the new interment certificate, the third-party purchaser shall be considered the current interment rights holder(s) and the purchase of the interment rights via the resale shall be considered final in accordance with the cemetery by-laws and the FBCSA. 3.40 In the case of a resale or transfer of rights, an administration fee applies for the cemetery operator to issue a new rights certificate to the third-party purchaser or transferee, as applicable. The fee, which is set out on the cemetery price list, is also charged for replacement of lost or damaged certificates. INTERMENT 3.41 No interment shall take place until such time as the lot, plot or niche has been paid for in full. 3.42 For every interment the Board must obtain a burial permit or cremation certificate, applicable fees and a completed Interment Permission form if required 3.43 No interment shall be made on Sunday, Good Friday or Christmas Day, except in accordance with the regulations of the Medical Officer of Health. 3.44 Interments shall take place between the 1st of April and the 1st of November unless otherwise authorized by the Board. 3.45 Subject to restrictions, no more than three interments may be made in a regular lot, it is recommended that the first interment be in a concrete vault, and the remaining two interments must be cremation burials for which proper authorization has been documented and approved by the cemetery representative. 3.46 Installation of a vault for all casket type burials is strongly recommended. 3.47 A full body casket in a vault and/or cremation interment must be to a depth that will ensure at least two (2) feet of earth coverage over the case at the surrounding ground level; 3.48 No more than four (4) cremation interments, if placement allows, shall be made in a regular lot. A maximum of two (2) cremation burials are permitted in a 3’ x 3’ cremation lot. 3.49 No more than two (2) appropriately sized urns shall be placed in any single columbarium niche. 3.50 Workmen shall cease work, if in the immediate vicinity of a funeral, until the conclusion of the service. 3.51 All work must be done during regular Cemetery hours, unless by special permission of the Board. 3.52 Notice of each interment shall be given to the Secretary-Treasurer or Treasurer. A minimum of 24 hours’ notice (not including Saturday, Sunday or holidays) is required unless otherwise ordered by the Medical Officer of Health. 3.53 An interment rights holder must provide authorization in writing prior to a burial taking place. Should the interment rights holder be deceased, and the interment rights holder has not designated persons to be interred, authorization must be provided in writing by the person authorized to act on behalf of the interment rights holder i.e. Estate Trustee or Executor. 3.54 A valid burial permit or equivalent document showing that the death has been registered with the Province must be provided to the cemetery operator prior to a burial taking place. 3.55 A Certificate of Cremation must be submitted to the cemetery operator prior to the burial of cremated remains taking place. 3.56 The opening and closing of lots, may only be conducted by contractors designated or authorized to do work on behalf of the cemetery with appropriate and valid WSIB and Insurance coverages. 3.57 Cremated remains are not permitted to be scattered on any lot or anywhere within the Cemetery grounds owned and operated by the Municipality of Bayham. The process of scattering cremated remains is irreversible, therefore scattered cremated remains cannot be retrieved. 3.58 Cremation urns or containers may be used for burial in designated 3’x3’ cremation burial lots and in regular lots when used for cremations only 3.59 All cremated human remains interred in a regular 4’x10’ lot on top of a full body casket in a vault shall be placed in a small flat six by six inch (6”x6”) box type container with a depth of no more than four (4) inches to ensure at least two feet (2’) of earth coverage over the cremation remains, at surrounding ground level. 3.60 For each cremation interment on top of an existing body burial with or without a vault, a permission form must be completed, signed and on file with the Municipality, in advance. DISINTERMENT 3.61 No disinterment shall be permitted in any lot, plot or niche nor any body removed therefrom unless in accordance with the Act, including: i. Consent from the Interment Rights Holder, and; ii. Prior notification to the Medical Officer of Health is made. 3.62 A certificate from the local medical officer of health must be received by the cemetery operator before the removal of casketed human remains may take place. 3.63 A certificate from the local medical officer of health is not required for the removal of cremated remains. 3.64 In special circumstances the removal of human remains may also be ordered by certain public officials without the consent of the interment rights holder and/or next of kin. 3.65 The cemetery is not responsible for damage to any casket, urn, container or vault which may occur during a disinterment. Additionally, due to the length of time that a casket, urn, container or vault has been interred and the conditions to which it has been exposed, the cemetery cannot guarantee that it can retrieve the complete casket, urn, container or vault interred in the cemetery. Should a new casket, urn or container be required at the time of disinterment, it shall be at the expense of the party authorizing the disinterment. Additionally, the cemetery operator has the right to request that a licensed funeral director be present for the disinterment at the expense of the party authorizing the disinterment. 3.66 Disinterments will be scheduled for a day and time designated by the cemetery operator. The cemetery operator reserves the right to close the cemetery or the section where the disinterment is to take place. Only those persons required or permitted by the cemetery to attend disinterment shall be allowed to enter the cemetery or the section involved during a disinterment. 3.67 If reinterment does not take place within the same lot and if existing memorialization (monument, marker, niche front or crypt front) needs to be removed, it will be at the expense of the person authorizing the disinterment. 3.68 Once a disinterment has been completed, the lot space shall be considered available to the interment rights holder for a new interment, transfer or resale in accordance with these by-laws. If the grave, niche or mausoleum space from which a disinterment has occurred, is transferred or resold, the new interment rights holder must be made aware of the previous disinterment and agree in writing to such knowledge as part of the transfer or resale agreement. MARKERS & MONUMENTS 3.69 The Board requires order forms from Monument Dealers showing monument size, base size, property location, and the fee for Marker Care and Maintenance Fund before constructing the foundation for markers and monuments. 3.70 The Board reserves the right to determine the maximum size of markers and monuments, their composition, their number and their location on each lot or plot. i. not more than one marker or monument shall be erected on any one lot; ii. the minimum thickness of an upright marker shall be 6 inches at narrowest point, and every flat marker, including foot stones, shall be a minimum thickness of 4 inches; iii. all markers, other than markers located on a single lot, shall not exceed 42 inches in height, including the base; iv. upright markers on a single lot shall not exceed 24 inches wide by 34 inches high, including the base; v. all flat markers on a single lot shall not exceed 24 inches wide 18 inches deep, and shall be installed flush with the ground level. Every flat marker shall be placed on a base of gravel or crushed stone to a minimum depth of 6 inches or set in concrete to a depth of 6 inches. The said base shall have a 4-inch border of the same material as the base; vi. where foot stones are permitted, the width shall not exceed 4 inches and the length shall not exceed 12 inches. The foot stone may be placed on a base of gravel, crushed stone or set in concrete to a minimum of 6 inches without any border. vii. all markers shall be made of natural stone (granite) or bronze; viii. no marker shall be allowed to stand on the interment space in any lot or plot 3.71 Markers to be erected shall be set upon a concrete foundation which shall be no less than five (5) feet in depth and must exceed the marker by a minimum of three inches on all sides. 3.72 All foundations shall be set one inch above the surface of the ground. Foundation must be approved by the Cemetery operator before the marker is erected thereon. 3.73 One flat marker only, at a maximum size of 24” x 14”, or less, is permitted on a cremation lot, placed flush with the ground on top of a 12” diameter post hole filled with a minimum depth of 4 feet of concrete; 3.74 No marker shall be erected without the supervision of the Board or Municipal staff. 3.75 The Board reserves the right to enter onto the lot or plot and remove any marker or other structure, or any inscription placed in or upon any lot or plot which is not in keeping with the dignity and decorum of the cemetery. 3.76 Markers may be scratched or chipped by equipment during regular maintenance of the Cemetery grounds and the operator shall not be held responsible for such damage. 3.77 Memorials – monuments, markers, plaques etc. are owned by the interment rights holder and the cemetery operator is not responsible for their loss or deterioration. Interment right holders may wish to consider adding memorials to their own insurance coverage. 3.78 Should any monument or marker present a risk to public safety because it has become unstable, the cemetery operator shall do whatever it deems necessary by way of repairing, resetting, or laying down the monument or marker or any other remedy so as to remove the risk. 3.79 No memorial or other structure shall be erected or permitted on a lot until all charges have been paid in full. 3.80 No monument, footstone, marker or memorial of any description shall be placed, moved, altered, or removed without permission from the cemetery operator. 3.81 The cemetery operator will take reasonable precautions to protect the property of interment rights holders, but it assumes no liability for the loss of, or damage to, any monument, marker, or other structure, or part thereof unless it is as a result of negligence by the cemetery. 3.82 The cemetery operator reserves the right to determine the maximum size of monuments, their number and their location on each lot or plot. They must not be of a size that would interfere with any future interments. 3.83 All foundations for monuments and markers shall be contracted to be built at the expense of the interment rights holder. 3.84 A monument or other structure shall be erected only after the location has been marked and the hole for the foundation inspected by the cemetery operator or municipal staff. 3.85 In keeping with the cemetery by law only one (1) monument shall be erected within the designated space on any lot and shall not reduce legislated burial space. 3.86 No monument shall be delivered to the cemetery for installation until the monument foundation has been completed. 3.87 Markers, monuments and footstones of bronze or granite are permitted with size and quantity restrictions according to cemetery by-laws and the placement of such memorials shall not interfere with future interments. 3.87.1 Footstones are not permitted at any inactive cemeteries or at the following cemeteries: i. Best Cemetery ii. Claus Cemetery iii. Dobbie Cemetery iv. Light Cemetery v. Smuck Cemetery 3.88 Any contract work to be performed within the cemetery requires the written pre-approval of the interment rights holder and the cemetery operator before the work may begin. 3.89 Pre-approval includes but is not limited to landscaping, delivery / installation of foundations, monuments and markers, inscriptions, designs, drawings, plans and detailed specifications relating to the work, proof of all applicable government approvals and permits and the location of the work to be performed. It is the responsibility of all contractors to report to the cemetery operator and provide the necessary approvals before commencing work at any location on the cemetery property. 3.90 Prior to the start of any work, contractors, retained by the Municipality, must provide proof of: i. WSIB coverage; and ii. Evidence of liability insurance of not less than $2 million. a. Contractors retained by Funeral Homes must provide the appropriate WSIB and insurance to the Funeral Home and be available to the Municipality upon request. 3.91 All cemetery by-laws apply to all contractors for all work carried out within the cemetery grounds. 3.92 Contractors, monument dealers and suppliers shall perform work at the cemetery during the regular visitation hours of the cemetery. 3.93 Contractors shall temporarily cease all operations if they are working within 100 metres of a funeral, until the conclusion of the service. 3.94 The cemetery reserves the right to temporarily cease contractor operations at their sole discretion if the noise of the work being performed by the contractor is deemed to be a disturbance to any funeral or public gathering within the cemetery. 3.95 Contractors, monument dealers and suppliers shall lay wooden planks on the burial lots and paths over which heavy materials are to be moved in order to protect the surface from damage. COLUMBARIUM 3.96 All By-laws of Bayham Cemeteries shall apply to the Columbaria, as far as the nature of the situation permits. 3.97 No floral tributes will be permitted except at the time of inurnment and on Decoration Day. 3.98 Flowers and wreaths placed against or near any part of the Columbarium that are liable to stain or deface the structure, will be removed. 3.99 Glass vases or other breakable items, such as statuary, shall not be placed around the Columbarium. 3.100 No ornaments of any kind will be permitted on or near the Columbaria niche units nor on the vases attached to the niche units. 3.101 The Caretaker or designate shall be in attendance at all inurnments, and only the Caretaker shall be responsible for the opening and closing of the niche. 3.102 The inurnment fee shall be at a rate as specified in the Price List and shall include the opening and closing of the niche. 3.103 An inurnment shall not take place later than 4:00 p.m., Monday to Saturday. 3.104 To maintain uniformity of the Columbaria, only the plaque included in the purchase of the niche will be permitted. 3.105 Pictures will not be allowed on any plaque. This includes sandblasted and/or etched photographic images and reproductions on the face of the niche. 3.106 The cremated remains of the lower animals will not be allowed to be placed in any niche. 3.107 The Municipality, through the Cemetery Board, shall keep the columbaria in good repair at all times but shall not be required to rebuild the columbaria in the case of destruction due to war or insurrection. Section 4 – Cemetery Caretaker 4.1 The Municipality may appoint a Cemetery Caretaker who may conduct the following duties: i. Mark plots ii. Coordinate with grave digger; iii. Be readily available at funerals held in the Cemeteries, when requested. iv. Inter cremation burials v. Cemetery services vi. Observe and carry out all the provisions of this By-law and of the F.B.C.S.A. and the regulations made thereunder. 4.2 Should a Cemetery Caretaker be appointed, the Cemetery Board shall pay the defined piece rate of $35/service performed, to the Cemetery Caretaker. 4.3 Should conflict arise, the Municipality shall determine what constitutes a service. Section 5 – Administration 5.1 GENERAL INFORMATION Inquiries may be made at: Municipality of Bayham P.O. Box 160, 56169 Heritage Line, Straffordville, ON N0J 1Y0 Telephone: 519-866-5521 Fax: 519-866-3884 website: www.bayham.on.ca Email: bayham@bayham.on.ca 5.2 References to ‘Forms’ and the ‘Price List, within this by-law, shall be as passed pursuant to the Municipal By-law of the day, all of which shall be posted and provided to the public. 5.3 The Municipality of Bayham, as Cemetery Owner and Cemetery Operator has chosen to permit resale of interment rights to a third-party purchaser provided no internment rights in the plot have been used, subject to applicable legislation and by-law requirements. 5.4 The business and affairs of Cemeteries shall be conducted under the direction of the Treasurer of the Municipality of Bayham and shall be operated by an advisory Cemetery Board as determined by Council. 5.5 The cemetery shall be governed by the cemetery bylaws, and all procedures will comply with the Funeral Burial & Cremation Services Act, 2002 and Ontario Regulation 30/11, which may be amended periodically. All by-laws and by-law amendments are subject to the approval of the Registrar, FBCSA, BAO and do not come into force until approval is received. 5.6 All cemetery by-law amendments requiring approval of the Registrar, Bereavement Authority of Ontario shall be published in accordance with the F.B.C.S.A. and the regulations made thereunder. 5.7 This By-law shall be in full force and effect upon approval of the Registrar, Bereavement Authority of Ontario. 5.8 By-law No. 2015-116 and any amendments are repealed upon approval of this by-law by the Registrar, Bereavement Authority of Ontario. 5.9 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa, where applicable. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF FEBRUARY 2025. ____________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW No. 2025-007 BEING A BY-LAW TO REQUIRE THE CONVEYANCE OF LAND FOR A PARK OR OTHER PUBLIC RECREATIONAL PURPOSES AND/OR CASH-IN-LIEU OF PARKLAND DEDICATION AS A CONDITION OF DEVELOPMENT OR REDEVELOPMENT. WHEREAS Sections 42, 51.1 and 53 of the Planning Act, RSO 1990, Chapter P.13, as amended, authorizes the enactment of by-laws respecting the conveyance to the Council of the Corporation of the Municipality of Bayham of land for park or other public recreational purposes as a condition of development or redevelopment of land within the Municipality; AND WHEREAS the Council of the Corporation of the Municipality of Bayham has established an Official Plan that contains specific policies with respect to the provision of lands for park or other public recreational purposes and this By-law is intended to be in conformity with such policies; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: Definitions 1) THAT for the purposes of this By-Law, the following definitions shall apply: “Act” shall mean the Planning Act, as amended; “Cash-in-lieu” shall mean the payment of funds equivalent to the value of the amount of land that the Municipality would otherwise have been entitled to acquire for park or other public recreational purposes as part of a development; “Consent” means the process referred to in Section 53 of the Act; “Development”, which includes redevelopment, means the construction, erection, or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, including the addition of a second or third dwelling unit or the addition of a residential dwelling unit to a commercial building accessory to the commercial use; “Mixed-Use” shall mean the use of land, buildings and structures intended and designed to contain both residential and non-residential uses within the same building or on discrete portions of the same property; “Municipality” shall mean the Corporation of the Municipality of Bayham; “Public Use” shall mean the use of lands for public purposes by a public authority including a Federal, Provincial, County or municipal government, a publicly-funded school, or a publicly-assisted college or university. “Subdivision” shall mean the process referred to in Section 51 of the Act. Geographic Applicability 2) THAT this by-law applies to Development within the geographic boundaries of the Municipality of Bayham. Official Plan Policy and Dedication Rates 3) THAT parkland dedication and/or cash-in-lieu of parkland shall be required for Development in accordance to the Municipality of Bayham Official Plan Section 8.18 Parkland Dedication policy and rates, as attached hereto as Schedule “A”, subject to the following modifications where applicable in accordance with the Act: (a) For the purpose of calculating the dedication rate in accordance to the Municipality of Bayham Official Plan Section 8.18.1, the number of units shall be determined by subtracting the number of residential units on the land immediately before the proposed Development from the number of residential units that will be on the land after the proposed Development. (b) Where the Development will include affordable residential units or attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, or residential units described in subsection 4.3(2) of that Act, the amount of land to be dedicated shall be five percent of the gross area of land proposed for Development multiplied by the ratio of A to B where, “A” is the number of residential units that are part of the Development but are not affordable residential units, attainable residential units or residential units described in subsection 4.3 (2) of the Development Charges Act, 1997; and “B” is the number of residential units that are part of the Development. Timing of Land Conveyance 4) THAT the conveyance of land for public park or other public recreational purposes pursuant to this By-law, shall be required as follows: (a) As a condition of approval of a plan of subdivision or condominium prior to the release of the plan for registration; (b) Prior to the approval of a description under Section 50 of the Condominium Act, R.S.O. 1990, Chapter c.76; (c) As a condition of approval of a consent prior to release of conditions for a consent; (d) Prior to the execution of a site plan agreement; (e) Prior to the issuance of a building permit for land proposed for Development; or (f) Otherwise in accordance with the terms of an agreement entered into between the owner of the land and the Municipality. Cash-in-Lieu of Land 5) THAT the value of land shall be determined subject to Section 42 of the Act: (a) As of the day before the day of the issuance of the building permit in respect of the Development, or, where more than one building permit is required for the Development, as of the day before the day of the issuance of the first building permit. (b) In the case of a consent for residential purposes, or in the case of a consent for commercial or industrial purposes, prior to the issuance of the building permit in respect of the Development, or, where more than one building permit is required for the Development, as of the day of the issuance of the first building permit, the owner is required to convey payment of Cash-in-lieu in accordance with the following: (i) the payment collected by the Municipality in the amount payable provided for on Schedule ”B” of this By-law, or any amending By-law; or, (ii) the owner has the option to retain an independent accredited real-estate appraiser to provide an opinion of value, conducted to the satisfaction of the municipal staff, with all costs associated with the appraisal to be borne by the owner of the property, in accordance to the rates provided for on Schedule “A” to this By-law, or any amending By-law. Timing of Payment 6) THAT for a subdivision, condominium, consent, site plan or building permit, cash-in-lieu of parkland shall be paid prior to the issuance of a building permit. 7) THAT for consents provisionally approved prior to the passing of this By-law, and where a condition has been imposed requiring the payment of Cash-in-lieu, Cash-in-lieu shall be collected by the Municipality in the amount payable provided for on Schedule “B” of this By-law, or any amending By-law, and paid in accordance with the imposed condition. Credit for Previous Conveyance or Cash-in-Lieu 8) THAT in accordance with Section 42(7) of the Act, land and/or cash-in-lieu required to be conveyed and/or paid to the Municipality for park or other public recreation purposes pursuant to this by-law shall be reduced by the amount of land or cash-in-lieu previously received by the Municipality pursuant to sections 42, 51.1 or 53 of the Act in respect of subsequent development, except where the amount of land or cash-in-lieu previously received was conveyed and/or paid in respect to the number of residential units on the land immediately before the proposed Development that shall already be reduced pursuant to Section 3 (a) of this By-law. Exemptions 9) THAT notwithstanding any other provisions of this By-law, this By-law shall not apply to any of the following: (a) Where the proposed Development, pursuant to section 41 or 51 of the Act, is for a Public Use as defined in this By-law; (b) Where the Development consists of making an addition or alteration to a residential building, provided the number of dwelling units within the residential building is not increased; (c) Where the Development is a non-profit housing development as defined in subsection 4.2 (1) of the Development Charges Act, 1997. (d) Where the Development consists of the erection or location of any of the following: (i) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (ii) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (iii) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. Force and Effect 10) THAT By-law No. 2020-053 for the Corporation of the Municipality of Bayham is hereby repealed in its entirety. 11) THAT this By-law shall come into force and take effect on the day of the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF FEBRUARY 2025. MAYOR CLERK SCHEDULE “A” TO BY-LAW 2025-007 Municipality of Bayham Official Plan, as amended, excerpt: 8.18 Parkland Dedication In order to acquire and develop parks and open space areas, the Municipality shall require parkland dedication and cash-in-lieu of parkland in accordance with the following polices: 8.18.1 A dedication of five percent of the gross area of land proposed for development or redevelopment and/or a dedication rate of one hectare per 600 units at a maximum rate of 1 hectare per 1,000 units or the equivalent cash-in-lieu, of the gross area of lands being subdivided for residential purposes. 8.18.2 A dedication of two percent of the gross area of land proposed for development or redevelopment or the equivalent cash-in-lieu, of the gross area of lands being subdivided for commercial and industrial purposes. 8.18.3 Where land in a draft plan of subdivision is to be used for any use other than residential, industrial or commercial purposes, Council may require conveyance of land for park purposes or equivalent cash-in-lieu at a rate of five percent (5%) of the gross area of the land proposed for development. 8.18.4 The monies received from cash in lieu payments may be used to purchase park and open space areas elsewhere in the Municipality or, for any other public recreational purpose. 8.18.5 The Municipality may accept cash-in-lieu of the land dedication to be paid into a special account and used as specified in the Planning Act. Council will consider cash-in-lieu of parkland dedication under the following circumstances: a) Where the required land dedication fails to provide an area of suitable shape, size or location for development as public parkland; b) Where the required dedication of land would render the remainder of the site unsuitable or impractical for development; and/or, c) Where it is preferable to have consolidated parkland of a substantial size servicing a wide area. 8.18.6 Where new development or redevelopment is proposed on a site, part of which has physical limitations or hazards, then such land shall not necessarily be acceptable as part of the land dedication under the Planning Act. All land dedicated to the Municipality shall be conveyed in a physical condition satisfactory to the Municipality, and shall meet minimum standards in terms of drainage, grading and general condition. SCHEDULE “B” TO BY-LAW 2025-007 1. Cash-in-Lieu of consents for residential purposes: In the case of a consent pursuant to Section 53 of the Planning Act, the payment of Cash-in-lieu of land shall be as follows: Amount $2,500.00 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-008 SITE PLAN CONTROL BY-LAW BEING A BY-LAW DESIGNATING THE AREA WITHIN THE TERRITORIAL LIMITS OF THE MUNICIPALITY OF BAYHAM AS SUBJECT TO SITE PLAN CONTROL AND TO DELEGATE COUNCIL’S POWERS PURSUANT TO THE PROVISIONS OF THE PLANNING ACT AND OTHERWISE ESTABLISHING REGULATIONS AND PROCEDURES FOR OBTAINING APPROVAL FOR DEVELOPMENT WITHIN THE SAID MUNICIPALITY OF BAYHAM AS AN AREA SUBJECT TO SITE PLAN CONTROL WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS, in the Official Plan for the Municipality of Bayham, the whole of the Municipality of Bayham is described as a site plan control area; AND WHEREAS Section 41 of the Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval; AND WHEREAS Section 41 of the Planning Act, as cited above, also provides that the Council of the Municipality of Bayham may define any class or classes of development that may be undertaken without approval; AND WHEREAS Section 41 of the Planning Act, as cited above, also provides that the Council of the Municipality of Bayham shall delegate its powers or authority to a delegated official of the Corporation; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1.0 Interpretation 1. The following rules apply to interpretation of this by-law: (1) Unless otherwise defined, the words, terms, and phrases used in this by-law have their normal and ordinary meaning. (2) For purposes of interpretation only, the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F, as amended, applies to this by-law. (3) Despite the tense used in a provision; (a) Every provision of this by-law is to be applied to the circumstances as they exist at the relevant time in question; and (b) Every obligation imposed by this by-law is a continuing one so long as either the use, the circumstances, the reason for the obligation, or the events which caused, precipitated, or gave rise to the obligation continue. (4) This by-law may be cited by its long title, its short title, or by its by-law name and any citation is to be taken as meaning the by-law as amended. 2.0 Definitions 2. (1) In this by-law, unless a contrary intention is expressed: (a) “Act” means the Planning Act, R.S.O. 1990, c. P.13, as amended. (b) “Corporation” means the Corporation of the Municipality of Bayham. (c) “Council” means the Municipal Council of the Corporation. (d) "Delegated Official" means any of the appointed officers of the Corporation identified herein this by-law either by name or position occupied; (e) “Development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in Subsection 164 (4) of the Municipal Act, 2001 or Subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, or of sites for the location of three or more mobile homes as defined in Subsection 46 (1) of the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in Subsection 46 (1) of the said Planning Act but provided that the said definition of “development” does not include the placement of a portable classroom on the school site of a local school board if the school site was in existence on January 1, 2007, does not include the construction, erection or placing of a building or structure for residential purposes on a parcel of land if that parcel of land will contain no more than 10 residential units, unless the parcel of land includes any land in a prescribed area as defined in O. Reg. 254/23, and does include the construction, erection or placing of a land lease community home, as defined in Subsection 46 (1) of the said Planning Act, on a parcel of land that will contain any number of residential units. (f) “Official Plan” means the Official Plan of the Municipality of Bayham, as amended from time to time. (g) “Property”, including any portion thereof, means the land upon which development is proposed and to which the provisions of this by-law apply. (h) “Tribunal” means the Ontario Land Tribunal. 2. (2) For the purposes of the definition of “Development” as set forth in section 2 (1) (e) above: (a) an addition or alteration to a building or structure which substantially increases the size thereof shall mean; (i) save and except for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By-Law Z456-2003, as amended, or any successor by-law thereto, an increase of more than 20% of existing gross floor area; and (ii) for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By-Law Z456-2003, as amended, or any successor by-law thereto, an increase of more than 30% of existing gross floor area. (b) an addition or alteration to a building or structure which increases the usability thereof shall mean any addition or alteration to a building or structure which results in a change in the use of that building, structure or property, and includes an addition or alteration which would; (i) result in a change in the volume, intensity, or nature of noise, lighting, odor, and/or vibration generated on the property; (ii) alter the ingress to or egress from the property or a portion thereof; (iii) alter the traffic flow on or around the subject property, or a portion thereof, including but not limited to construction and installation of a “drive-thru” laneway; (iv) alter parking requirements and/or facilities for the property or a portion thereof; (v) alter hours of operation for the use or uses of such property or portion thereof; (vi) alter lot grading and/or drainage patterns, including but not limited to drainage and disposition facilities and installations, for the property or a portion thereof and which interpretation specifically applies to the alteration of the surface treatment and permeability of an existing parking lot or parking area. 3.0 Area/Development Subject to Site Plan Control 3. (1) Site Plan Control Area The whole of the Municipality of Bayham, as constituted from time to time, is hereby designated as a site plan control area. (2) Exempt Classes of Development The following classes of development may be undertaken without the approval of plans and drawings otherwise required under Subsections 41 (4) or 41 (5) of the Act, and this by-law does not apply to such classes: (a) Farm buildings and structures with the exception of farm buildings and structures that house livestock and manure; (b) Notwithstanding Section 3.2(a), the establishment of grain drying operations will be subject to site plan control where Municipal Council determines that a potential land use conflict may exist. (3) Application to Residential Dwellings Any residential dwelling shall be subject to site plan control where 11 or more residential units are proposed. The application of site plan control measures for such uses is limited to such matters as controlling the location of access, parking, grading and drainage. (4) Application to Mobile Home Parks and Seasonal Travel Trailer Parks The establishment of either a mobile home park or a seasonal travel trailer park shall be subject to site plan control where 11 or more units are proposed. 4.0 Application For Approval of Development 4. (1) Every application for a permit to construct a building or structure or an addition or alteration to a building or structure shall be accompanied by the following plans, specifications, documents, information, and items: (a) The plans referred to in Section 41 (4) (1) of the Act and in accordance to any subsequent amendments to such Section of the Act, showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction with the building or structure and all the facilities, works, and matters otherwise referred to in section 41 (7) (a) of the Act; (b) The drawings referred to in Section 41 (4) (2) of the Act, and in accordance to any subsequent amendments to such section of the Act; provided at all times that the following matters need not be addressed in such drawings as they are not subject to site plan control: (i) Interior design. (ii) Exterior design, except to the extent that it is a matter relating to exterior access to a building that will contain affordable housing units or to any part of such a building or is a matter referred to in Section 41 (4)(2)(d) of the Act. (iii) Layout of interior areas, excluding interior walkways, stairs, elevators and escalators as referred to in Section 41 (4) (2) (c) of the Act. (iv) The manner of construction and standards for construction. (c) One or more agreements with the Corporation dealing with the provisions and maintenance of the development to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in Section 41 (7) of the Act in accordance to any subsequent amendments to such section of the Act, and in accordance with the plans and drawings approved pursuant to the Act and this By-law. (d) Where required under an agreement referred to in Section 4 (1) (c) of this By-law above, security, in the form of cash, certified cheque, or letter of credit, to protect the Corporation in respect of its liability for holdback and costs pursuant to section 17 (4) of the Construction Lien Act, R.S.O. 1990, c. C. 30, as amended, and to assure satisfactory provision and maintenance of the facilities and works to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in Section 41 (7) of the Act and in accordance with the plans and drawings approved pursuant to the Act and this by-law. The security will be equal to the greater of $1000.00 or the dollar value of fifty percent (50%) the costs of all site work associated with the development, including but not limited to, asphalt, curbing, surfacing, and landscaping, and one hundred percent (100%) of the costs of all works conducted on municipal property, including road allowances and municipal right-of-ways. (e) By cash or bank draft payable to the Corporation, payment of the requisite fee as specified in the Rates and Fees By-Law for the Corporation. (f) Payment of any other Site Plan Control review fees required by commenting agencies in the manner specified by each commenting agency. 5.0 Conditions to Approval of Development/Plans 5. As a condition to the approval of the development, including plans and drawings referred to in Section 41 (4) of the Act and as otherwise anticipated in Section 4.0 of this By-law above, the owner of the property, or portion thereof, shall be required to: (1) In accordance with this By-law and at no expense to the Corporation, provide the facilities, works, or other matters referred to in Section 41 (7) (a) of the Act, in accordance to any subsequent amendments to such Section of the Act and otherwise approved by Council pursuant to this By-law; and (2) In accordance with this By-law and at the sole risk and expense of the owner of the property, or portion thereof, maintain the facilities, works, and other matters as identified in items 2 to 9 (inclusive) of Section 41 (7) (a) of the Act, in accordance to any subsequent amendments to such Section of the Act and as otherwise approved by Council pursuant to this By-law, at all times including the removal of snow from access ramps and driveways, parking and loading areas, and walkways. 6.0 Exercise of Authority to Approve 6. The exercise of the Authority to approve as contemplated by this By-law is subject to the following: (1) Council’s powers under Section 41 of the Planning Act, are hereby delegated to the Chief Administrative Officer (the “Delegated Official”) or any successor to that position, or designate thereof. (2) The Delegated Official shall approve the application contemplated by Section 4.0 hereof, including plans and drawings referred to in Section 41 (4) of the Act, and in accordance to any subsequent amendments to such section of the Act, except where: (a) The proposed facilities, works or matters depicted on the plans and drawings do not comply with any applicable policy or policies of the Official Plan or the provision or provisions of any applicable Zoning By-Law regulations; or (b) The application contemplated under Section 4.0 of this by-law, including payment of applicable fees, is incomplete. (3) As a condition to the approval of plans and drawings referred to in Section 41 (4) of the Act, the Delegated Official may require that the owner of the property, or a portion thereof, enter into one or more agreements as provided for in Section 4 (1) (c) of this By-law. (4) The Authority contemplated to be exercised pursuant to Subsections 41 (7) (b) and (c) of the Act with respect to any of the facilities, works, or matters referred to in Section 41 (7) (a) of the Act shall be exercised by the Delegated Official on the advice of staff of the Corporation. (5) The provisions of the Official Plan and Zoning By-Law shall be applied in each circumstance as it arises with such variations or modifications as the circumstances may require so long as each applicable provision is given effect according to its true intent and purpose. (6) The form or wording of the agreement shall be used in satisfaction of the requirement of Sections 4 (1) (c) and 6 (2) herein, subject to such variations or modifications as circumstances may require and only so long as the substance of any provision thereto is not changed or affected and, furthermore, any variance thereto, not being in the manner or nature of substance, does not affect the regularity of the Agreement or any part or Section thereof. 7.0 Lapsing of Approval 7. Subject to the regulations under Section 41 (7.1) and (7.2) of the Act, any approval by the delegated official of an application as contemplated hereunder, including plans and drawings referred to in Section 41 (4) of the Act, lapses, (1) Where a building permit is required for the development at the expiration of three (3) years from the date of approval if, within that three (3) year period, no building permit is issued for the development. (2) Where no building permit is required for the development, the owner of the property has failed to commence construction within three (3) years of the date of site plan approval or, alternatively and although commenced within three (3) years of the date of site plan approval, construction of the development has not been completed within four (4) years of such date of site plan approval. (3) In all cases, the lapse of an approval granted pursuant to this By-law is effective only upon written notice revoking the approval by the delegated official to the owner of the property or, where an agreement has been executed and registered as against title to the property, including a portion thereof, upon registration of a notice that the approval is revoked and the agreement is terminated. 8.0 Appeal to the Ontario Land Tribunal 8. Where the delegated official does not approve the application contemplated by Section 4.0 hereunder and/or the plans and drawings referred to in Section 41 (4) of the Act within sixty (60) days after submission to the Corporation for approval or, alternatively, where the owner of the property is not satisfied with any one or more of the requirements made by the delegated official pursuant to this By-law and Section 41 (7) of the Act, including but not limited to the terms of a Site Plan Control Agreement, the owner of the property may appeal the failure to approve the plans or drawings to the Tribunal or appeal the unsatisfactory requirements, or parts thereof, including the terms of any agreement required, to the Tribunal by filing with the Clerk of the Corporation a notice of appeal in the form required by the Tribunal and accompanied by the fee charged by the Ontario Land Tribunal. The Tribunal shall hear and determine all matters in issue in respect of such development, application, plan, drawings and agreement in accordance with its jurisdiction, authority and powers, providing at all times that the decision or decisions of the Tribunal shall, at all times, be final. 9.0 Executive Acts Authorized 9. The Mayor and the Clerk of the Corporation are hereby authorized to execute on behalf of and under the seal of the Corporation any document necessary to give further effect to the provisions of this By-law. 10.0 Development Without Approval 10. Every person who, without having first obtained delegated official approval pursuant to this By-law, including as to all plans and drawings for development of the property or a portion thereof, undertakes any development, or part thereof, on the property, contravenes Section 41 of the Act and thereby commits an offence pursuant to Section 67 thereof. 11.0 The Failure to Provide or Maintain Facilities, Works, or Other Matters 11. Every person who undertakes any development on property located in the site plan control area as designated by this By-law without providing and/or maintaining any of the facilities, works, or matters mentioned in Section 41 (7) (a) of the Act and that are required by Council of the Corporation pursuant to the said Section 41 of the Act and the provisions of this by-law contravenes the said Section 41 of the Act and thereby commits an offence pursuant to Section 67 thereof. 12.0 Failure to Enter Into Agreement 12. Every person who undertakes any development on property located within the site plan control area designated by this by-law without first entering into one or more agreements with the Corporation addressing or otherwise providing for the provision or maintenance of any facilities, works, or other matters and as required by the Corporation as a condition to the approval of development, plans, and drawings in accordance with Sections 4 (1) (c) and 6 (2) hereof and Section 41 of the Act contravenes the said Section 41 of the Act and thereby commits an offence pursuant to Section 67 thereof. 13.0 Penalty Upon Conviction 13. In addition to any penalty provided for by law for commission of an offence contrary to the Act, every person who contravenes any provision of this By-law is, upon conviction, guilty of an offence and is liable to any penalty as provided for pursuant to the Act. 14.0 Facilities, Works, or Other Matters Undertaken By Municipality 14. In default of an owner of property, in the future, providing or maintaining any one or more of the facilities, works, or other matters that are to be provided in conjunction with all buildings and structures to be erected under approval of the delegated official granted hereunder or that are otherwise referenced in Section 41 (7) (a) of the Act and that are required by the Corporation as a condition to the approval of plans or drawings referred to in Section 41 (4) of the Act, the Council may by by-law direct that such facilities, works, or matters, or any part thereof, shall be provided or maintained by or on behalf of the Corporation at the sole risk and expense of the owner of the property and the expense incurred in doing so shall be recovered from the owner by any means or process available at law, including but not limited to: (1) by use of any cash or security bonds furnished by the owner of the property to the Corporation pursuant to this by-law; (2) by action in any court of competent jurisdiction in the Province of Ontario; (3) in a like manner as municipal taxes, as authorized by the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and in particular section 446 thereof; (4) in annual instalments payable by the owner of the property, with interest, not to exceed ten (10) years. 15.0 Repeal 15. By-law No. 2022-046 for The Corporation of the Municipality of Bayham, entitled Site Plan Control By-Law, is hereby repealed. 16.0 Effective 16. This by-law shall come into force and take effect on February 6, 2025. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF FEBRUARY 2025. ______________________________ _______________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-009 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SUBDIVISION AGREEMENT BETWEEN WILLIAM REDECOP, HENRY REDECOP, JACOB REDECOP, PETER WIEBE AND THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR THE DEVELOPMENT OF A PLAN OF SUBDIVISION, KNOWN AS THE VIENNA RIDGE SUBDIVISION (34T-BA2201), VILLAGE OF VIENNA, MUNICIPALITY OF BAYHAM. THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the agreement affixed hereto as Schedule “A”, being a subdivision agreement with William Redecop, Henry Redecop, Jacob Redecop and Peter Wiebe, is hereby approved and the Mayor and Chief Administrative Officer are hereby authorized and directed to execute the same. 2. THAT the agreement is to be registered on title to the lands. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF FEBRUARY 2025. ___________________________ _____________________________ MAYOR CLERK 1 SCHEDULE “A” TO BY-LAW NO. 2025-009 SUBDIVISION AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM -and - WILLIAM REDECOP, HENRY REDECOP, JACOB REDECOP AND PETER WIEBE FOR PROPERTY DESCRIBED AS: LOT D, NORTH OF KING STREET AND EAST OF NORTH STREET PART OF LOT E, EAST SIDE OF NORTH STREET AND PART OF LOT G, SOUTH SIDE OF CHAPEL STREET, PLAN 54, PART 1, PLAN 11R-10979, MUNICIPALITY OF BAYHAM 34T-BA2201 VIENNA RIDGE SUBDIVISION – NORTH STREET 2 INDEX 1. DEFINTIONS AND INTERPRETATION 1.1. DEFINITIONS 1.2. HEADINGS 1.3. SECTION REFERENCES 1.4. PLANS AND SCHEDULES 1.5. SEVERABILITY 1.6. FINAL AUTHORITY 1.7. EFFECTIVE RESPONSIBILITY 1.8. APPLICABLE PROVINCIAL STATUTES 2. REGISTRATION OR TERMINATION 2.1. FINAL CONSENT BY THE MUNICIPALITY 2.2. REGISTRATION OF AGREEMENT 2.3. EARLY TERMINATION OF AGREEMENT AND OBLIGATIONS 3. MUNICIPAL SERVICES BY THE SUBDIVIDER 3.1. CONSULTING ENGINEERS 3.2. MUNICIPAL SERVICES 3.3. STORMWATER MANAGEMENT a) EXISTING DRAINS b) STORMWATER MANAGEMENT PRIOT TO AND DURING DEVELOPMENT c) STORMWATER MANAGEMENT FACILITIES d) MAINTENANCE OF EXISTING STORMWATER MANAGEMENT FACILITIES 3.4. SANITARY SEWAGE 3.5. NECESSARY EXTERNAL SERVICES 3.6. WATER SERVICES 3.7. SERVICES REQUIRED 3.8. 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 PARKLAND CONTRIBUTION ACKNOWLEDGMENT 4.7 DEVELOPMENT CHARGES 4.8 TAXES 4.9 INTEREST PAYABLE 4.10 ADJUSTMENT OF MUNICIPALITY ENGINEERING FEE 5 LANDS AND EASEMENTS PROVIDED BY SUBDIVIDER 5.1 DEDICATION OF FUTURE STREETS 3 5.2 CONVEYANCES BY SUBDIVIDER 5.3 LEGAL OPINIONS REQUIRED 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 – CANADA POST 8.3 FUTURE SIDEWALK CONNECTIVITY 8.4 SCHOOL ASSIGNMENT – THAMES VALLEY DISTRICT SCHOOL BOARD (TVDSB) AND LONDON DISTRICT CATHOLIC SCHOOL BOARD (LDCSB) 8.5 ARCHAELOGICAL ASSESSMENT 8.6 GROUNDWATER/SOILS TESTING 9 SPECIAL PROVISIONS 9.1 STREET NAMES 9.2 OTHER 10 CONSTRUCTION AND APPLICABLE STANDARDS 10.1 CONSTRUCTION CONTRACT(S) APPROVAL 10.2 INSPECTION AND ENTRY 10.3 USE OF PUBLIC HIGHWAYS 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) TURN AROUND DESIGN e) SANITARY SEWER SYSTEM i. SEPARATION ii. INSPECTION RECORD 11 FURTHER COVENANTS 11.1 DEFAULT 4 11.2 REPAIR OF SERVICES 11.3 MUNICIPALITY PERFORMING WORKS 11.4 MAINTENANCE OF SERVICES 11.5 ALLOCATION OF SEWAGE CAPACITY 11.6 VEHICLE CLEANING OBLIGATIONS 12 MAINTENANCE SECURITIES, SUBSTANTIAL COMPLETION AND ASSUMPTION 12.1 MAINTENANCE SECURITIES 12.2 CERTIFICATE OF SUBSTANTIAL COMPLETION 12.3 WARRANTY PERIOD 12.4 CERTIFICATE OF ASSUMPTION 12.5 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 “B” - Draft ‘M’ Plan of Subdivision SCHEDULE “C” - Blocks & Easements to be Transferred by Subdivider SCHEDULE “D” - Engineered Drawings List, Descriptions and Drawings SCHEDULE “E1” - Estimated Construction Costs SCHEDULE “E2” - Implementation Schedule 5 THIS SUBDIVISION AGREEMENT made this day of 2025. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinafter called the “Municipality” OF THE FIRST PART - and – HENRY REDECOP, JACOB REDECOP, WILLIAM REDECOP, PETER WIEBE 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, as evidenced by the Decision of the County of Elgin dated March 28, 2023, File No. 34T-BA2201; AND WHEREAS the Subdivider has agreed with the Municipality to comply with the conditions contained in the Notice of Decision, File No. 34T-BA2201, dated March 28, 2023. AND WHEREAS the Plan proposed by the Subdivider includes a residential subdivision area to be developed in one phase, consisting of eight (8) lots; 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 construction of all services to be completed in one phase for the lands proposed to be subdivided and other matters as hereinafter set forth; NOW THEREFORE THIS SUBDIVISION AGREEMENT WITNESSETH that the Parties hereto in consideration of other good and valuable consideration and the sum of ONE DOLLAR ($1.00) of lawful money of Canada by each to the other paid (the receipt and sufficiency whereof is hereby by each acknowledged), covenant and agree each with the other as follows: 1. DEFINITIONS AND INTERPRETATION 1.1. DEFINITIONS For purposes of this Agreement the following words and phrases, where capitalized, shall be deemed to have the following meanings: a) “Agreement” means this Agreement made pursuant to Sections 50(3)(a), 51.1 and 51.1(25), (26) of the Planning Act, R.S.O. 1990 c. P 13 as amended including all schedules and amendments hereto; b) “Approval Authority” shall have the same meaning set out in Section 51 of the Planning Act. As the upper tier municipality within which the Lands are located, the County of Elgin is the delegated approval authority under 51(4) of the Planning Act, for purposes of Section 51 of the Planning Act; 6 c) “Assumption” and “Assumed” shall have the meaning set out in the Substantial Completion and Assumption process described in Section 12; d) “Block(s)” mean a Block as identified as such on the Plan; e) “Conservation Authority” means the Long Point Region Conservation Authority and its successors and assigns. f) “Consulting Engineer” means the Registered Professional Engineer or firm of engineers retained by the Subdivider in compliance with 3.1; g) “County” means The Corporation of the County of Elgin and its successors and assigns; h) “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; i) “Engineering Drawings” means the Engineering Drawings approved by the Municipality Engineer and attached as Schedules to this agreement; j) “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; k) “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; l) “Lands” means the Lands described in Schedule “A” to this Agreement; m) “Lot” means a Lot identified as such on the Plan; n) “Maintenance Period” means the period of time from the date of issuance of the Certificate of Substantive Completion for the Works and Services as described on Schedule “E1” to which the same relates until the date of issuance of the Certificate of Assumption for the same Works and Services during which period the Owner shall be responsible for the repair and maintenance of all such Works and Services as described in Schedule “E1”. o) “Manager” means the Municipality’s Manager of Public Works and the Manager’s assigned designates of the Municipality; p) “Municipality Engineer” means the Engineer duly authorized and appointed by the Municipality at the relevant time; q) “Municipality's Solicitor” means the solicitor duly authorized and appointed by the Municipality at the relevant time. r) "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; s) “Plan” means the “draft” Plan of Subdivision, attached hereto and identified as Schedule “B”; t) “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; 7 u) “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; v) “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). “Owner” shall be considered an alternate term for Subdivider for purposes of this Agreement; w) “Water/Wastewater Operations Manager” means the Manager of Water/Wastewater Operations and Capital Projects. x) “Works” shall mean the servicing work required of the Subdivider by this Agreement. 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 “E2” 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”, “E1”, and “E2” hereto are uninitialed, photographically reduced copies of plans initialed by the Parties on the execution of this Agreement and that such initialed plans form part of this Agreement. The Parties further agree that in the event any part or parts of the said Schedules are illegible or conflict with the initialed “original plan” from which it was made, the initialed plan shall prevail and shall be deemed to be a part of this Agreement. 1.5. SEVERABILITY If any provisions of this Agreement or the application thereof to any circumstances shall be held to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall attach only to such impugned provision and shall not affect any or all other provisions of this Agreement. The remaining provisions of this Agreement or the application thereof to other circumstances shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 1.6. FINAL AUTHORITY Where there is any conflict between the servicing requirements or other requirements and standards of the Municipality and those of any other regulatory body having jurisdiction, the more exacting requirement or standard shall prevail. In the event of any dispute as to which is more exacting, the decision of the Municipality’s Engineer shall be final as between the Subdivider and the Municipality. 1.7. EFFECTIVE RESPONSIBILITY Every provision of this Agreement by which the Subdivider is obligated in any way is deemed to include the words “at the expense of the Subdivider and to the Municipality’s satisfaction”, unless specifically stated otherwise. 1.8. APPLICABLE PROVINCIAL STATUTES a) Reference to any Statute herein shall be deemed to include past and future amendments in force at the time of this Agreement or subsequent hereto and any successor legislation that may replace such statute. b) In this Agreement, “the Act” shall mean the Planning Act, R.S.O. 1990, c. P 13, as amended. 8 2. REGISTRATION OR TERMINATION 2.1. FINAL CONSENT BY THE MUNICIPALITY Following (i) the execution of this Agreement, (ii) completion of those covenants required to be fulfilled by the Subdivider upon execution and at other times prior to registration, (iii) final Plan approval by the Approval Authority, and (iv) registration of the Plan by the Subdivider and assignment by the Land Titles office of PINs for the lots and blocks laid out in the Plan, the Municipality shall deliver this Agreement for registration on title to the Lands. Execution of this Agreement shall constitute sufficient consent by the parties for the Solicitor for the Municipality to register this Agreement against title to the Lands at the cost of the Subdivider, without further written authorization. 2.2. REGISTRATION OF AGREEMENT Despite Section 2.1, above, and in accordance with Section 53(1) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, neither the Plan nor this Agreement shall be registered against the Lands until an environmental compliance approval for sewage works has been issued by the Ontario Ministry of Environment, Conservation and Parks. 2.3. EARLY TERMINATION OF AGREEMENT AND OBLIGATIONS The Subdivider shall satisfy all preconditions for the registration of this Agreement as identified above and shall provide written notice to the Municipality of same within six (6) months of the effective date of this Agreement. If the Subdivider fails to provide such notice within this time, the Agreement may be terminated by the Municipality in the Municipality’s sole discretion, upon the provision of written notice to the Subdivider, in which case the respective obligations of the Subdivider and the Municipality shall terminate forthwith. The Subdivider hereby expressly agrees not to apply for any building permits until final approval of the Plan has been obtained and the Plan together with this Agreement are registered on title to the Lands, and furthermore agrees that this provision may be pleaded by the Municipality in any action or proceeding as an estoppel of any claim arising from a denial of any such rights and permits. 3. MUNICIPAL SERVICES BY THE SUBDIVIDER 3.1. CONSULTING ENGINEERS a) The Subdivider agrees to retain a Registered Professional Engineer as the Consulting Engineer of the Subdivider to carry out all engineering and supervise the work required to be done for the development of the Lands. The Consulting Engineer or a successor thereto, shall continue to be retained until the work 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; 9 ii. prepare plans, profiles, and specifications for the said Services and submit detailed plans, profiles and specifications to the Municipality for approval prior to the installation of the Services described therein; iii. obtain, in conjunction with the Municipality, when necessary, all the necessary approvals required prior to the construction of Services; iv. make available to the Municipality and the Municipality Engineer, where requested by the Municipality or the Municipality Engineer, any of the contracts for construction and installation of the Services; v. supervise construction of the Services and all work involved; vi. maintain all records of construction of the Services; vii. upon completion of the Services, supply to the Municipality as-constructed drawings on mylar or equivalent, as well as in digital format, of all the Services as constructed and installed by contractors under this Agreement; viii. on completion of construction of the Services to supply the Municipality and the Municipality Engineer with a certificate that the execution of all constructions of Services was in accordance with the approved plans and specifications; ix. supervise the construction of any remedial work required by the Municipality; x. design and monitor lot grading in accordance with the approved grading plan attached as a Schedule to this Agreement. The execution and maintenance of such work should address lot grading, soil conservation and erosion control to the satisfaction of the Municipality Engineer, including methods of controlling sediment during construction as well as possible downstream impacts and minimization of any environmental impacts that might be identified; xi. if applicable for the exporting of soils, the Subdivider will conform with O. Reg. 406/19 Excess Soil Management. c) The Subdivider acknowledges that the Municipality will rely on inspections, interim and final reports, and certifications performed and provided by the Consulting Engineer. This shall not restrict the Municipality and/or the Municipality Engineer’s right to investigate, inspect and review construction and installation of the Services at any stage. 3.2. MUNICIPAL SERVICES The following Services are to be provided in accordance with Engineering Drawings attached as Schedule “D” to this Agreement for the one Phase: UNDERGROUND SERVICES a) municipal water connections b) sanitary sewers and appurtenances; c) private drain connections to sanitary sewers; d) storm sewers and appurtenances; e) private drain connections to storm sewers; f) catch basins and leads; g) gravelled or recycled asphalt road base h) hydrant for fire suppression i) hydro services j) natural gas services ABOVE GROUND SERVICES k) concrete or asphalt driveway approaches from the curb to the sidewalk where sidewalks are required; 10 l) asphalt pavement of driveway approaches to the property lines where sidewalks are not required; m) asphalt pavement of the streets including top coat of asphalt and constructed in accordance with the municipality standards for streets; n) street name signs and Highway Traffic Act street signs; o) LED streetlight with overhead wiring along the frontage of the subdivision. p) sodding in the boulevard areas between the road and property lines; q) tree planting required on each lot to the satisfaction of the Manager of Public Works as to location and type of tree 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 PRIOR TO AND DURING DEVELOPMENT i. The Subdivider shall manage the storm drainage generated from the Lands in compliance with the design criteria as previously set out in the Vienna Ridge Subdivision (34T-BA2201) Storm Water Management Letter prepared by CJDL Engineers dated 24 October 2023, Rev 1. – 22 April 2024, as approved by the Municipality engineer, supplemented with letter addressed to LPRCA, titled ”Vienna Ridge Subdivision – Second Submission, Vienna, Ontario; Dated 4 Dec 2024”. 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 by CJDL Engineering Ltd. and in accordance with the Slope Stability Assessment report prepared by EXP, dated September 2022, approved by the Municipality Engineer and installed prior to any construction or the commencement of any earth moving operations. iii. 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. iv. 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. v. 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. vi. 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. 11 vii. The Subdivider shall: - Provide an erosion and siltation control plan to the satisfaction of the municipality and Long Point Region Conservation Authority for review and approval - Provide a final lot grading and drainage plan to the satisfaction of the Municipality and Long Point Region Conservation Authority for review and approval - Complete any necessary applications under the Drainage Act to provide a legal outlet for storm water use. - identify to the Conservation Authority and the Municipality the site contacts responsible for the monitoring schedule to be implemented above; - provide to the Conservation Authority and the Municipality a written update of sediment and erosion control inspections and maintenance activities following all storm events. c) STORMWATER MANAGEMENT FACILITIES The Subdivider shall construct stormwater management facilities (SWMF) in accordance with Municipality standards and the Engineering Drawings which are schedules to this agreement and in accordance with the final approved SWMF report. The Subdivider further agrees that the Municipality Engineer may direct the Subdivider to make any corrections or perform any necessary changes to comply with the Engineering Drawings. d) MAINTENANCE OF EXISTING STORMWATER MANAGEMENT FACILITIES i. The Subdivider shall manage the storm drainage generated from the Plan in compliance with the design criteria as previously set out in the Vienna Ridge Subdivision (34T-BA2201) Storm Water Management Letter prepared by CJDL Engineers dated 24 October 2023, Rev1. – 22 April 2024, as approved by the Municipality Engineer, supplemented with letter addressed to LPRCA, title “Vienna Ridge Subdivision – Second Submission, Vienna, Ontario; Dated 4 Dec. 2024” as approved by the Municipality Engineer. ii. The SWM is provided by lot level controls to be constructed and maintained by the home owners. The developer’s engineer shall confirm that the private facilities are designed to suit the individual Lot Development Plans and constructed in accordance with the approved design with the issuance of final grading certificates. Maintenance instructions shall be provided to all homeowners. 3.4. SANITARY SEWAGE The Subdivider agrees that design and installation of sanitary sewers within the Plan will be in compliance with the Municipality of Bayham Design and Construction Standards2018 and the Functional Servicing Report dated September 9, 2022, as approved by the Municipality’s Engineer and that: i) The Subdivider shall design and construct to provide adequate sanitary connections to the municipal sanitary sewer system for all eight (8) lots and that this Agreement shall make provision for the assumption and operation by the Municipality of Bayham of the sanitary sewer system within the Draft Plan, subject to the approval of the Municipality ii) Sanitary installation shall be completed in one phase as shown within the Functional Servicing Report dated September 9, 2022. 3.5. NECESSARY EXTERNAL SERVICES The Subdivider agrees that the following Necessary External Services shall be provided the Subdivider as set out in the Engineering Drawings: i) Road Surface Widening of North Street ii) Extension of Sanitary sewer along North Street 12 iii) Extension of Municipal water service along North Street iv) Installation of municipal hydrant(s) 3.6. WATER SERVICES The Subdivider shall complete water servicing in one phase as shown within the Functional Servicing Report dated September 9, 2022 showing detailed servicing plans for connection to the municipal water services including any necessary upgrades to ensure that these services or facilities including hydrants can be provided up to the appropriate standard, which complies with all regulatory requirements and protects human health and the natural environment in the event of future municipal service extensions to the area. 3.7 SERVICES REQUIRED a) CONSTRUCTION ACCESS The Subdivider agrees that all construction-related traffic shall be from North Street during the development. The Subdivider and its contractors and invitees shall use the said access for all construction vehicles and construction related purposes. The Subdivider agrees that, at all material times, the Subdivider shall be responsible for: i. the proper construction of said accesses and providing signage and supervision and such other reasonable measures as may be requested by the Municipality to require contractors, sub-contractors, homebuilders and tradespersons to use the road access designated in this Section for all construction-related vehicles accessing the Lands during development; and, ii. ensuring during the development 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 “E2” Implementation Schedule attached to and forming part of this Subdivision Agreement. 4. FINANCIAL OBLIGATIONS 4.1. SUBDIVIDER EXPENSE Where by this Agreement the Subdivider is to fulfill requirements or obligated in any way, the Subdivider shall fulfill such requirement or obligation at its expense. 4.2. FEES/DEPOSITS PAYABLE TO THE MUNICIPALITY The Subdivider shall pay to the Municipality on the execution of this Agreement: i. the reimbursement of reasonable costs incurred by the Municipality for engineering, administrative and legal in the preparation of this Agreement by the Municipality; ii. the sum of $2,500.00 (Two Thousand Five Hundred Dollars) which payment shall be accepted by the Municipality as partial payment towards legal costs and H.S.T. incurred by the Municipality in connection with the preparation and negotiation of this Agreement, and reviewing and registering documentation in relation to the same. The Subdivider further agrees to be responsible for any reasonable additional legal costs and any H.S.T. relating thereto, incurred by the Municipality associated with this Agreement over and above the aforementioned amount, and will remit any amount owing immediately upon receipt of an invoice from the Municipality; iii. the sum of $21,735.00 (Twenty-One thousand Seven Hundred and Thirty-five Dollars) 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 13 costs of the Services shown in the Schedule “E1” Estimated Construction Costs (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. 4.3. SERVICING COSTS SUMMARY, INFRASTRUCTURE i. The parties agree that Schedule “E1” represents 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”. ii. The Subdivider shall pay the total cost of the construction or installation of the Services required to be provided pursuant to the terms of this Agreement. iii. Street name signs and traffic signs on the Lands shall be approved and provided by the Municipality. The Municipality will install all such signs and will invoice the Subdivider for all the Municipality’s costs related to such purchase and installation. 4.4. SECURITY FOR PERFORMANCE a) To secure the faithful performance of all of the obligations of the Subdivider to the Municipality under this Agreement, the Subdivider shall, at the time of execution of this Agreement, deliver to the Municipality satisfactory security for the performance of the Subdivider’s obligations hereunder, in the form of one of the following security instruments: i. An irrevocable standby commercial letter of credit from a chartered bank or other financial institution approved by the Municipality, in a form and amount satisfactory to the Municipality Treasurer providing for the faithful performance of all of the obligations of the Subdivider to the Municipality Corporation under this Agreement; ii. A surety bond for purposes of guaranteeing performance of subdivision infrastructure development, issued by a Surety Company acceptable to 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 being $621,000.00; and The Subdivider agrees that the total amount of the performance security pursuant to this Section is $401,302.00 (Four Hundred and One Thousand Three 14 Hundred and Two Dollars) 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. c) 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. d) 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. e) If the Subdivider is not in default under this Agreement, the amount of any security instrument held by the Municipality, may, subject to the paragraph immediately below, be reduced from time to time to an amount, which, in the opinion of the Municipality is adequate to secure the faithful performance of the remaining obligations of the Subdivider. No reduction shall be made until the Subdivider has first filed with the Municipality a progress certificate from the Consulting Engineer as to the reasonable cost of the Services satisfactorily installed or constructed prior to the date of the certificate. In determining if a reduction in the amount of security is to be made, the Municipality may have regard for the following: i. any progress certificate filed by the Consulting Engineer and approved by the Municipality Engineer, ii. any reductions previously made, iii. any draws or claims made by the Municipality against the security. Notwithstanding the paragraph above, the amount of any security instrument provided by the Subdivider in respect of the cost of the Services shall not be reduced, as provided in the paragraph above, to less than one percent (1%) of the Estimated Servicing Cost Summary, or $15,000.00, whichever amount is greater. f) 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. g) 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. 15 4.5. INDEMNIFICATION AND INSURANCE Until the Municipality shall have finally accepted the Works by a by-law, the Subdivider shall indemnify the Municipality and its agents, employees, contractors and subcontractors from and against all expenses, actions, causes of actions, suits, claims, demands or administrative orders whatsoever which may arise, either directly or indirectly, by reason of the construction and installation of any and all of the Works to be performed pursuant to this Agreement, including all plans, specifications and contracts therefor and any and all documentation submitted by or on behalf of the Subdivider in support of the approval of such plans, specifications and contract; and the insurance coverage policy required, shall not be construed as relieving the Subdivider from responsibility for indemnity of the Municipality for liability not covered by such insurance or in excess of the policy limits of such insurance. The Subdivider agrees to file with the Municipality on registration of this Agreement, or at such earlier date as the Subdivider may commence Pre-Servicing as described in this Agreement, a certificate of insurance evidencing the issuance to the Subdivider of a comprehensive policy of public liability and property damage insurance providing for coverage limits in respect of any one incident, of at least $5,000,000.00 exclusive of interest and costs, for this purpose. Such policy shall: (i) name the Municipality as an additional insured thereunder, (ii) be in form and content satisfactory to the Municipality, and (iii) be kept in good standing until all of Services are assumed. Such insurance shall include a cross-liability clause protecting the Municipality against claims by the Subdivider as if the Municipality was separately insured. 4.6 PARKLAND CONTRIBUTION ACKNOWLEDGMENT The Subdivider agrees to provide payment in the amount of $14,500.00 (Fourteen Thousand Five Hundred Dollars) as cash in lieu of parkland dedication prior to the registration 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’s current Cash-in-lieu By-law being 5% of the appraised market value of $290,000 according to Loewen Appraisal Services Inc. - Appraisal Report valuing the property as of March 27, 2023 being the required one day prior to County of Elgin Draft Plan Approval conditionally granted on March 28, 2023. 4.7. 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 any applicable Development Charges By-law enacted by the Municipality of Bayham. 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. 16 4.8. 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. 4.9. INTEREST PAYABLE i. Whereby this Agreement any cost, fee or amount is payable by the Subdivider to the Municipality, such cost, fee or amount shall be paid at the time or times stated, or if a time is not stated, it shall be paid within fifteen days of the mailing of a statement by prepaid first class mail or by email addressed to the Subdivider as provided in this Agreement. If any such cost, fee or amount is not paid within the time provided by this Agreement, interest shall be payable at the rate of eighteen percent (18%) per annum from the stated due time, compounded monthly, or from the sixteenth day after such mailing as the case may be, until payment, and the Municipality may draw on any security instrument provided by the Subdivider for the faithful performance of its obligations. Any amount received on such draw against security shall be applied toward payment of the cost, fee or amount owing and any interest in respect thereto. ii. if any cost, fee or amount is at any time unpaid, and the Municipality does not draw upon the security provide by the Subdivider, or if any draw made is insufficient to pay the cost, fee or amount owing, or the balance thereof together with interest which may be payable, any unpaid amount may be recovered as a debt in an action in any court of competent jurisdiction together with all costs incurred therewith. 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. 4.10. 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. 17 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 at no cost to the Municipality; 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 at no cost to the Municipality; 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 at no cost to the said provider, specifically: iv. ensure that all existing easements for storm sewers, sanitary sewers, water services, third party utility services and other service providers, pedestrian access, and any and all easements, rights of way, interests or encumbrances over the Lands already subsisting at the time of Plan registration are shown on the Plan. b) Any such transfer of land to the Municipality pursuant to the above subsection shall be in fee simple and for nominal consideration (e.g. $1.00), in a form satisfactory to the Municipality's solicitor and title to the lands shall be good and free from all liens and encumbrances except as otherwise stated in this Agreement. The rights and easements granted to the Municipality pursuant to the above shall be for nominal consideration (e.g. $1.00) and title to the lands over which the rights and easements are granted shall be good and free from prior liens and prior encumbrances except as otherwise stated in this Agreement. If required by the provisions of the Act, the consent of the County Land Division Committee to such conveyance of land, rights and easements referred to above shall be obtained by the Subdivider. c) The Subdivider agrees to obtain a discharge of any lien and a postponement of any prior mortgage to the title, rights and easements granted to the Municipality pursuant to this Agreement. d) Forthwith after the registration of every grant of title, rights or easements referred to above, the Subdivider shall provide to the Municipality's solicitor a Certificate or Opinion of Title of the lands in respect of which such title, rights or easements are granted, in a form satisfactory to the Municipality's solicitor. A solicitor authorized to practice law in the Province of Ontario shall give such Certificate or Opinion. e) The Subdivider agrees to provide the Municipality within 2 months after the registration of the Plan with a mylar copy of the reference plan designating the lands in respect of which such transfers and grants of rights and easements are given to the Municipality pursuant to this Agreement. f) The lands to be transferred and the lands over which rights and easements are to be given, pursuant to this Agreement shall, on the registration of the Plan and at the time of any such transfer, be in a clean and tidy condition, graded as required by the Grading Plan which is a Schedule to this Agreement, where applicable, and if necessary, stabilized against erosion, all to the satisfaction of the Municipality and/or the Municipality Engineer. g) After such lands or such rights and easements are so transferred, the Subdivider shall not use or permit the use of such lands for the storage of top soil or any excavated material or equipment or construction materials except with the written consent of the Municipality and in the event of default in this regard, the Municipality, after giving the Subdivider such written notice as the Municipality Engineer considers reasonable in the circumstances, may remove such soil, material or equipment and the cost of such removal and clean up shall be paid by the Subdivider to the Municipality. h) The Subdivider warrants that within any lands transferred to the Municipality by the Subdivider pursuant to this Agreement, and any lands over which any easement is 18 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. i) The Subdivider agrees that should any conflict arise with existing telecommunications provider’s facilities where a current and valid easement exists within the subject area, the Subdivider shall be responsible for the relocation of any such facilities or easements at their own cost. 5.3 LEGAL OPINIONS REQUIRED Not later than thirty (30) days after the final approval of the Plan by the County, the Subdivider shall cause to be delivered to the Municipality an opinion by a solicitor authorized to practice in Ontario, substantially in the form satisfactory to the solicitor for the Municipality: a) At the date of signing of this Agreement and at the date of the registration of this Agreement upon title, the Subdivider is the owner in fee simple of the Land free of all liens and encumbrances, save and except for any interest in the Land of an owner, mortgagee, tenant, easement holder or other encumbrancer as described in Schedule “A” attached to this Agreement; b) This Agreement has been registered against the Land in a first priority position, save and except for any interest in the Land described in Schedule “A” attached to this Agreement, and that Notice of Postponement of Interest for each of those interests described in Schedule “A” have been registered postponing such interest to provide priority in favour of the Municipality for this Agreement; c) The Plan is registered in the Land Titles Office for the Land Titles Division of Elgin (No. 11); d) The conveyance of real property to the Municipality as provided in section 5 of this Agreement has been made to the Municipality in satisfaction of the provisions of this Agreement, free and clear of all liens and encumbrances, save and except this Agreement and any easements in favour of the Municipality, and with such postponements of interest as are necessary to provide a free and clear interest. The said opinion(s) shall be addressed to the Municipality in consideration of a fee of $1.00 payable to the Solicitor rendering the same. 6 GRADING OF LOTS AND STREETS 6.1 ADHERENCE TO GRADING PLANS The Subdivider has prepared and submitted to the Municipality a grading plan for the Plan, which grading plan is attached hereto as part of Schedule D 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. 19 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. Where the Subdivider has sold or transferred a lot within the Plan, or any part thereof, and in the opinion of the Municipality Engineer, any grade or elevation within the lot, or any part thereof, has not been established or has not been maintained as required by subsection 7.3 Lot Development Plan in this Agreement, the Municipality, after giving such notice to the subsequent owner as the Municipality Engineer considers appropriate in the circumstances, enter and re-enter from time to time upon such lot with such equipment, machinery, sod and fill as the Municipality Engineer may determine and do such work and remove anything from the lot as in the Municipality Engineer's opinion may be necessary to remedy such default and the cost thereof shall be paid by the subsequent owner to the Municipality and if not so paid, shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of eighteen (18%) per cent per annum commencing fifteen (15) days after the mailing of a statement to the subsequent owner at his last known address. 6.3 GRADING CERTIFICATION a) The Municipality will accept a certificate from an Ontario Land Surveyor, or a qualified Consulting Engineer certifying: i. that the surveyor took elevations on one of more lots or blocks in the subdivision (which lot(s) and/or block(s) is to be specified by number) on a stated date; and 20 ii. that on such date(s) the elevation and grades for such lot(s)/block(s) were in accordance with the requirements of this Agreement; as conclusive evidence that as of such date such elevations and grades complied with this Agreement. 7 LOT DEVELOPMENT 7.1 ZONING BY-LAW The Subdivider acknowledges that there are lands within the Plan subject to the provisions of Holding “h1” and “h4” Zones and that the “h1” and “h4” holding symbols be removed by way of Zoning By-law Amendment to ensure orderly development through this Agreement between the Subdivision and the Municipality, which addresses financial, servicing and access impacts of new development to the Municipality. The Holding Zone designations shall be removed from the lands pursuant to the requirements of the Planning Act prior to the issuance of any building permits for lots within the Plan. The Subdivider acknowledges that prior to final approval shall provide to the satisfaction of the Municipality prepared by an Ontario Land Surveyor a certificate that demonstrates the Final Plan for all lots and blocks comply with the use and regulation of the approved Zoning By-law in effect. 7.2 BUILDING PERMITS a) The Subdivider acknowledges that the Municipal Chief Building Official shall have the power to refuse to grant building permits with respect to any or all the lots shown on the Plan of Subdivision, at any time when the Subdivider is in default under this Agreement. b) The Lot Owner agrees to submit to the Municipality with every application for a building permit, a Plot Plan prepared by a Consulting Engineer or an Ontario Land Surveyor or a qualified Planner, which is approved by the Subdivider's Consulting Engineer, indicating the location of the proposed building and driveway on the site and indicating that the proposed building and lot, as finally constructed and graded will comply with said Grading Control Plan as identified in Schedule "D" to this Agreement. The said Plot Plan will also indicate the elevation of the top of the foundation wall of the proposed building, which elevation will also conform to the said Grading Control Plan, and the location of infiltration galleries/conveyance pipe and retaining walls, if applicable. No building permits shall be issued until the Municipality has approved the Plot Plan. c) That the cost of construction of driveway entrances for each lot shall be the responsibility of the Lot Owner, while lot driveway within ROW is the responsibility of the Subdivider and shall be included in the security provided 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 21 accordance with the approved Plot Plan and Grading Control Plan and to maintain the approved grading and drainage pattern and where applicable infiltration galleries/conveyance pipes and retaining walls for the life of the approved development on the residential lot in the Draft Plan, all to the satisfaction of the Municipality. The Subdivider or Lot Owner further agrees not to alter the approved grading and drainage pattern without prior written permission from the Municipality. f) Once the final grading is completed for the lot, the Subdivider or Lot Owner shall submit to the Municipality, a Certificate, prepared by the qualified Consulting Engineer or an Ontario Land Surveyor or Planner who prepared the original Plot Plan for the building permit which is approved by the Subdivider's Consulting Engineer and shall provide evidence that the final grading of the said lot conforms to the said Grading Control Plan and Plot Plan within reasonable tolerances as determined by the Municipality and that as so graded, the lot will provide for surface drainage in accordance with proper engineering practices. Upon the Municipality confirming that the lot is in compliance with the Grading Control Plan/Plot Plan, as well as the applicable regulations in the Zoning By-law. g) That all primary drainage swales shall have topsoil and grass sod to the satisfaction of the Municipality prior to the issuance of any building permit. Where the installation of sod is not possible due to winter weather conditions the Subdivider must install alternative erosion and sedimentation control features to the satisfaction of the Municipality prior to the issuance of any building permit. The installation of sod in the primary swales shall take place at the earliest possible growing season all to the satisfaction of the Municipality and Planning Services. For the purpose of this Section, a primary drainage swale is part of the overall drainage system, is generally located on public lands or undeveloped future phases within the Draft Plan and accommodates the major overland stormwater flow for each phase of the development that is directed to an approved stormwater management facility, as identified in the Engineering and Planning Drawings. h) That no building permit shall be applied for or issued for any lot(s) and no building construction shall be undertaken thereon, until the applicable phase of the Draft Plan is registered and the Subdivider's Consulting Engineer for this Plan has provided in written confirmation to the Municipality that: i. the overall primary grading and drainage for the applicable phase has been completed; ii. the installation of the primary services within all the road allowances in the applicable phase, which shall include water, sanitary and storm services/facilities, sanitary pumping station (if applicable), the road up to base coat asphalt, concrete curb and gutter and retaining walls/safety guards, has been completed, or alternatively, in the event that the underground services (water, sanitary and storm services) and sanitary pumping station (if applicable) are completed 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 22 satisfaction: i) Completion and connection of the trunk sanitary sewer and appurtenances to the satisfaction of the Municipality; ii) Completion and connection of the trunk watermain and appurtenances (if required) to the satisfaction of the Municipality; iii) Completion and operation of the stormwater management facilities and outlet; iv) Payment of the applicable development charges, as per the Municipality’s respective approved By-laws v) Blocks and/or easement to be conveyed to the Municipality; vi) The installation of street signs; vii) Satisfy any other special conditions outlined within this agreement. 7.3 LOT DEVELOPMENT PLANS The Subdivider shall demonstrate that the development, including fill or proposed structures, are in accordance with the Slope Stability Assessment Report, prepared by EXP, Dated September 2022. Any lots within Long Point Region Conservation Authority regulatory limits will require review by LPRCA. With every building permit application, the Subdivider will submit to the Municipality’s Building Department a lot development plan for the subject lot, prepared and certified by a member in good standing of the Professional Engineers of Ontario or by an Ontario Land Surveyor. The lot development plan for each Lot within the Plan shall show details of the proposed lot elevations and grades, basement and top of foundation elevations, drainage and stormwater management components, all of which shall conform to the Grading Plan and the Stormwater Management Plan. The lot development plan shall also show details of the location of all existing and proposed easements, all proposed building and structures, site services, driveway, existing trees and any other significant site features. The qualified professional consultant who prepared and certified the Grading Plan shall approve each lot development plan. Following the completion of the construction of all buildings and structures, site services, driveways and any other significant site features and completion of the fine grading on each Lot, the Lot shall be seeded or sodded and within the first sixty (60) days after the completion of the seeding or sodding, the Subdivider shall file with the Municipality, a certificate signed by the Consulting Engineer, certifying that the lot has been developed in accordance with the Lot development plan. The Subdivider agrees that it will require the purchaser of any Lot within the Plan, as a condition of purchase and sale, to fulfill these requirements. 7.4 MODEL HOME A partially-constructed building currently exists on the lands identified as Lot #4, as referenced on the proposed Plan of Subdivision, prior to the execution of this Agreement. For the purpose of this Agreement, this partially-constructed building will be considered a model home, provided that all outstanding stipulations under Section 7.4 are addressed and in compliance. Once these stipulations are satisfied, construction on the building may resume in accordance with the terms of this Agreement. The following is a summary of permits and approvals that have been issued and completed for Lot #4: • A Lot Development Plan (LDP) dated, November 2, 2022 was submitted to Municipality’s Chief Building Official on November 7, 2022. The LDP plan was subsequently revised on November 22, 2022 per LPRCA comments. • LPRCA Work Permit No. LPRCA-260/22, was Issued on November 21, 2022 • A Conditional Foundation Permit agreement dated, November 15, 2022 was signed and dated by the Municipality’s Chief Building Official and the Developer on November 28 2022, and $10,000 security was provided to Bayham until the Plan of Subdivision receives final approval. 23 •A Conditional Foundation Permit # 2022-B-148 was issued by the Municipality in November 2022. Excavation of the house foundation and the construction of the foundation was inspected and passed. The last inspection was dated January 9, 2023. a)Payment of the building permit application fee and an infrastructure deposit to theMunicipality for each model home building permit. The Municipality agrees to refund the infrastructure deposit to the Owner, without interest, upon the issuance of “AsConstructed” drawings and a follow-up site inspection; b)All financial and other matters are in good standing to date pursuant to the terms andrequirements of this Agreement; c)The Owner agrees to submit to the Municipality’s Chief Building Official a lotdevelopment plan and lot grading plan with other such drawings as the Municipalitydeems necessary for the development of the Model Home area for approval, whichapproval 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 tothe said Lot. Approval shall relate to the lot grading, drainage, and landscaping as wellas 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 berequired at the time of building permit application. The Municipality agrees to refund theconnection security deposit to the Owner without interest, upon receipt of writtenconfirmation 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 aminimum width of six (6) metres constructed of granulars and have sufficient compactionas to provide access for all emergency vehicles to the satisfaction of the Municipalityand any Emergency Services; f)Each model home shall comply with all provisions of the Municipality’s Zoning By-lawand Ontario Land Surveyor shall provide the Municipality with a building location surveyconfirming 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 exceptthat the building may be occupied for the sole purpose of an office to promote the saleof houses in the Plan of Subdivision as described in the Agreement. No occupancy ofthe model home shall be permitted until conditions set out in Section 7.5 have been met. 7.5 OCCUPANCY OF UNITS The Subdivider shall not occupy nor permit to be occupied, any dwelling unit on any part of the Lands until: i.a building permit has been obtained and compliance has been made with theprovisions of the Building Code Act, 1992. S.O. 1992, c.23 as amended andthe Building Code (Ontario Regulation 332/12); ii.a sewer permit has been obtained and the sanitary sewer for the dwellingconnected 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. municipal water services to the unit have been installed to the satisfaction ofthe Municipality; iv.electrical and gas services have been installed within the Lands and orarrangements satisfactory to the Municipality Engineer have been made for the installation of such services to the dwelling. 24 7.6 BUILDING COVENANT – NO DUPLICATION Not applicable. 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 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 this development through an existing centralized Community Mail Box (CMB) in the area on Chapel Street, Vienna. Future owners must register for mail delivery at the Port Burwell Canada Post Office. 8.3 FUTURE SIDEWALK CONNECTIVITY The Subdivider acknowledges the Municipality’s policies and objectives to promote complete streets, a walkable community, cycling and other active transportation initiatives supporting healthy lifestyle activities and agrees to promote the use of the Municipality’s Parks through community design that includes connectivity and continuity of sidewalks installed within the Plan as well as other links to support access to parks, other neighbourhoods, schools and commercial and employment areas. The Subdivider shall provide evidence to the Municipality that all marketing materials and plans prepared and used to advertise the sale of lots within the Plan clearly identify the active transportation opportunities by identifying the location of sidewalks to be installed within the Plan. 8.4 SCHOOL ASSIGNMENT – THAMES VALLEY DISTRICT SCHOOL BOARD (TVDSB) OR LONDON DISTRICT CATHOLIC SCHOOL BOARD (LDCSB) The Thames Valley District School Board and London District Catholic School Board advises that new homeowners should, at the time of purchase, verify the school designation for students with the applicable Board by using the School Locator on the TVDSB website or LDCSB or by calling the applicable Board Office. Furthermore it is recommended that the Subdivider shall recommend to all purchasers of Lots within the Plan that each Purchaser confirm school designations with either Board at the time of purchase and further advise that additional information is available through the Board web sites. 8.5 ARCHAELOGICAL ASSESSMENT An Archaeological Assessment of the Lands was conducted by Lincoln Environmental Consulting Corp. Their report entitled, “Stage 1-2 Archaeological Assessment of 1603 North Street part of Lot 15 Concession 3, Geographical Township of Bayham, Elgin County, Ontario” dated May 2022 filed with Ministry of Citizenship and Multiculturalism (MCM) Toronto Office on July 22, 2022 MCM Project Information Form Number P1289- 01950-2021, MCM File Number 0017103 and accepted the findings of the report; that no further archaeological assessment of the property is recommended. The Ministry of Citizenship and Multiculturalism (MCM), in a letter dated March 12, 2024 acknowledges the report, which was submitted as a condition of licensing in accordance 25 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 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 All Lots shall front on to an existing municipal road known as NORTH STREET. 10 CONSTRUCTION AND APPLICABLE STANDARDS 10.1. CONSTRUCTION CONTRACT(S) APPROVAL The Subdivider shall install or construct, or cause to be installed or constructed, the Underground and Above Ground Services in accordance with contract documents approved by the Consulting Engineer who shall ensure that such pertinent plans and specifications, are included in the tender and contract documents and such other documents as may be required by the Municipality and/or the Municipality Engineer. The contract documents shall at the discretion of the Consulting Engineer and/or upon any request for same by the Municipality and/or the Municipality Engineer be filed with the Municipality prior to the commencement of the construction or installation of any of the services to which they relate. 10.2. INSPECTION AND ENTRY The construction and installations by the approved contractor(s) shall be performed under the supervision of the Consulting Engineer with additional inspections to be made, at the Municipality’s discretion, by the Municipality and/or the Municipality Engineer. The Municipality, by its employees or by agents and consultants, if any, retained by the Municipality, may enter the Subdivider’s lands at all reasonable times and for all reasonable purposes including for all inspections that may be deemed by the Municipality to be necessary or advisable, without prior notice to the Subdivider. 10.3. USE OF PUBLIC HIGHWAYS The Subdivider will not do any work on, under or over or use any public highway abutting the Lands in connection with the performance of this Agreement, except with the express written approval of the Municipality. W here any such work is 26 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 i. The Subdivider shall provide detailed design plans for the required widening of the road surface along North Street to appropriate standards in accordance with the Municipality of Bayham Design and Construction Standards 2018. 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 27 such further assessments and inspections as appropriate or as the Municipality Engineer requires. The Subdivider agrees that prior to commencing any sewer construction, it will hold a meeting with representatives of its contractor and its soil consultant and shall establish, and have approved by the Municipality Engineer, the means of compacting trench backfill material. The Subdivider is to have its soil consultant and the Consulting Engineer on site when the installation of sewers is started. The approved method or methods of compacting the sewer trench backfill material shall be tested by the soils consultant to ensure that the method or methods to be used meets the road design criteria. Not more than one hundred fifty (150) metres of sewer shall be laid, unless approved otherwise by the Consulting Engineer until the soil consultant has approved the compaction method or methods. The soils consultant shall supply to the contractor, the Consulting Engineer and the Municipality Engineer, in writing, descriptions of the approved compaction method or methods and their test results within two (2) days after the initial testing. A written certificate by the Subdivider’s qualified soil consultant is to be supplied to the Municipality Engineer prior to a request by the Subdivider for the assumption of any road(s) within the Lands and is to cover all roads contained in the request for assumption. c) TREE PLANTING The Owner or Subdivider shall plant one tree per lot in the front yard and of a kind and size approved in writing by the Manager of Public Works. Should any tree die within 12 months of planting the Owner or Subdivider shall replace the tree with a new tree as prescribed in this agreement. Trees are to be planted a minimum of 1 metre (3.3 feet) behind the front property line and located so as not to interfere with services and utilities at any time. d) TURN AROUND DESIGN None e) SANITARY SEWER SYSTEM i. SEPARATION Every sanitary sewage system installed or constructed on the Lands shall be separate and distinct from every storm sewage system on such lands and within such building or buildings and shall be connected only to the Municipality's sanitary sewage system. Every storm sewage system installed or constructed on the Lands shall be separate and distinct from every sanitary sewage system on such lands and shall be connected only to the Municipality's storm sewage system. ii. INSPECTION RECORD The Certificate of Substantial Completion is to be issued and again prior to the Certificate of Assumption of Services by the Municipality, including the sanitary sewer system described in the Engineering Drawings which is a Schedule to this Agreement, the Subdivider agrees to inspect all such sewers within the Lands by a televised inspection method, or an equivalent method satisfactory to the Municipality Engineer, and to provide the Municipality with an inspection record satisfactory to the Municipality Engineer in the form of a copy of the video tape, digital record or other production generated by each such sanitary sewer inspection. 11. FURTHER COVENANTS The Parties further covenant as follows: 11.1. DEFAULT a) If the Subdivider fails: 28 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 pursue such installation or construction within agreed upon time or in order that the works may be completed within the time provided in this Agreement; or iv. is improperly performing or carelessly executing work involved in the installation or construction of any such Service; or v. has neglected or unreasonably delayed installation or construction or reconstruction or repair or replacement of such Services; or vi. has neglected or refused to reconstruct or perform remediation of such Services as may be rejected by the Municipality Engineer as defective or unsuitable; and any such default continues for ten (10) days or for another a period stated by the Municipality in the notice, after notice of the default from the Municipality Engineer has been given to the Subdivider, then the Municipality, in addition to any other remedy the Municipality may have, may take such steps as it deems necessary to remedy the said default. b) In case of emergency circumstances, as determined in the discretion of the Municipality Engineer, where remedial measures, repairs or replacements are necessary, in the Municipality Engineer’s opinion, to alleviate any default (referred to above) by the Subdivider such work may be done by the Municipality without advance notice to the Subdivider. 11.2. REPAIR OF SERVICES a) If at any time prior to Assumption of the Services, any of the Services do not function or do not function properly, the Municipality shall, subject to 11.2 b) below, give notice of such malfunction to the Subdivider and if such malfunction is not remedied within ten (10) days of the mailing of such, or a longer period if stated in the notice, then the Municipality may make whatever repairs or replacements it deems necessary. b) That if at any time prior to the Assumption of the Services, any of the Services do not function or do not function properly and in the opinion of the Municipality Engineer repairs or replacements are immediately necessary to prevent damage or hardship to persons or property, the Municipality may proceed forthwith to make whatever repairs or replacements it deems necessary and the cost, with or without notice. 11.3. MUNICIPALITY PERFORMING WORKS a) Where in the opinion of the Municipality Engineer, it is necessary or advisable to perform remedial work or to construct or install or complete the whole or any part of any of the Services, such Service or Services may be installed, constructed or completed in whole or in part by the Municipality and the cost of remedying any default or of constructing, installing or completing the whole or any part of any of the services, together with an engineering and administration fee of five percent (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. 29 c) The Subdivider will repair, at the Subdivider’s expense, in a good and workmanlike manner, to the satisfaction of the Municipality and/or the Municipality Engineer and within such time as the Municipality and/or the Municipality Engineer may provide, any damage to any of the Services and damage to any other municipal service where such damage has resulted from the installation or construction of any Services or from the construction of any building or structure on Lands or from the performance of any other work on the Lands, or from the performance of any work within the public highways abutting the Lands or the performance of any other work arising from the terms of this Agreement. 11.4. MAINTENANCE OF SERVICES a) For the purposes of this section “maintenance” includes grading, dust- laying or snow ploughing of any road, removal of mud and/or debris from internal or abutting streets, cleaning of sewers, flushing of watermains, flushing and cleaning of stormwater management facilities and replacement of street lighting bulbs and such repairs of other works as the Municipality and/or the Municipality Engineer may from time to time designate. b) The Municipality may elect to provide maintenance from time to time for any or all of the Services constructed or installed by the Subdivider. The maintenance shall be allocated as follows: i. the Subdivider shall pay to the Municipality the costs of all such maintenance performed by the Municipality prior to the Certificate of Substantial Completion under Section 12, ii. the Municipality shall be responsible for the costs of all such maintenance performed by the Municipality after the Certificate of Substantial Completion has been issued, until the services have been Assumed by the Municipality and thereafter. c) If prior to the Certificate of Substantial Completion, in the opinion of the Municipality, snow ploughing is required or where, in respect to any other maintenance, in the Municipality and/or the Municipality Engineer’s opinion an emergency exists, the Municipality may, without notice to the Subdivider, provide snow ploughing or whatever maintenance is in the Municipality and/or the Municipality Engineer’s opinion necessary to meet such emergency in respect to any or all of the Services constructed or installed by the Subdivider. d) Where no emergency exists relating to the required maintenance work and the work is to be performed by the Municipality prior to the Certificate of Substantial Completion at the cost of the Subdivider, the Municipality shall make reasonable efforts to inform the Subdivider of the maintenance required using one or more of the following methods and the contact information provided according to this Agreement: i. conversation in person or by telephone with the Subdivider or consulting Engineer; ii. telephone message left for the Subdivider; iii. e-mail using current Subdivider email. If the Subdivider declines to perform the maintenance works or fails to undertake the maintenance work within 8 hours following the forwarding of 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 AND WATER 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 and/or water capacity in the Municipality's sewage treatment and water 30 systems beyond development of the residential Lots in a one 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. MAINTENANCE SECURITIES, SUBSTANTIAL COMPLETION AND ASSUMPTION 12.1. MAINTENANCE SECURITIES a) Prior to the issuance of any Certificate of Substantive Completion and for the duration of the Maintenance Period the Owner shall provide and maintain security in the form of cash or a letter of credit in the amount equal to ten percent (10%) of the total estimated cost of the Underground Works and twenty-five percent (25%) for the Surface Works, including all labour and materials as described in Schedule “E1” b) Prior to the issuance of the Certificate of Substantive Completion and for the duration of the Maintenance Period for the storm water management facility the Owner shall provide and maintain security in the form of cash or a letter of credit in the amount equal to the total estimated cost to undertake final cleaning and dredging of the storm water management facility including all labour and materials for inspection(s) and ECA record keeping requirements. c) Towards the end of the respective Maintenance Period(s), the Owner shall make a written request to the Municipality for a final inspection to be made. Upon inspection by the municipality, or any other agency, and at its sole discretion, the Municipality shall determine whether the Services and Works are acceptable and whether a Certificate of Assumption can be issued. The respective Maintenance Period(s) shall be automatically extended without change to this Agreement where the Municipality believes the Services or Works are not complete and the said Maintenance Period(s) shall continue to be in effect, and the maintenance security retained, until a Certificate of Assumption is issued. 12.2. CERTIFICATE OF SUBSTANTIAL COMPLETION a) After the Subdivider has completed all of the Services shown in the Engineering Drawings which are Schedules to this Agreement, the Subdivider shall apply to the Municipality for a Certificate of Substantial Completion. The Subdivider’s application shall be accompanied by: i. the Consulting Engineer’s detailed report on the completed works and Services in a form satisfactory to the Municipality and/or the Municipality Engineer, ii. a final grading plan for all lands comprising the streets and Lots within the Plan with compliance certified by the Consulting Engineer or Ontario Land Surveyor, iii. prior to final approval, the Subdivider shall submit for approval, an electronic copy and two (2) paper copies of the detailed as-constructed servicing plans designed in accordance with the Municipality of Bayham Design and Construction Standards to the satisfaction of the Municipality, iv. the video sewer inspection records referred to this Agreement. 31 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. 12.3. WARRANTY PERIOD Notwithstanding such vesting of ownership, and the performance of maintenance by the Municipality, all of the municipal Services shall continue to be fully repaired, replaced and reconstructed, as needed, by the Subdivider for a further two-year warranty period, commencing on the date on which the Municipality issues the Certificate of Substantial Completion. The Municipality shall not be deemed to have assumed responsibility for such repair, reconstruction and replacement; nor shall it be presumed or deemed that the Services comply with all specifications and standards required under this Agreement. 12.4. 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. 12.5. 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 32 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: HENRY REDECOP E: voyadit@amtelecom.net JACOB REDECOP E: 4jsredecop@gmail.com WILLIAM REDECOP E:william.redecop@gmail.com PETER WIEBE E: pwiebe@wellmaster.ca 55 North Street Vienna ON N0J 1Z0 Telephone: Henry Redecop Cell 519-617-1227 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 33 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. 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 __________ 2025. ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) ) ______________________________ ) Ed Ketchabaw, Mayor ) ) ) ______________________________ ) Thomas Thayer, Chief Administrative Officer ) I/We have authority to bind the Corporation ) Executed this day of __________, 2025. ) VIENNA RIDGE SUBDIVISION ) ) ______________________________ ) Henry Redecop, Owner ) ) ) ________________________________ ) Jacob Redecop, Owner ) ) ) ________________________________ ) William Redecop, Owner ) ) ) ________________________________ ) Peter Wiebe, Owner 34 SCHEDULE “A” LEGAL DESCRIPTION SUBDIVISION AGREEMENT dated the day of 2025. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter called the “Municipality” and one of the parties) - and - WILLIAM REDECOP, HENRY REDECOP, JACOB REDECOP AND PETER WIEBE (hereinafter called the “Subdivider” and one of the parties) LEGAL DESCRIPTION LOT D, NORTH OF KING STREET AND EAST OF NORTH STREET, PART OF LOT E, EAST SIDE OF NORTH STREET AND PART OF LOT G, SOUTH SIDE OF CHAPEL STREET, PLAN 54, PART 1, PLAN 11R-10979, MUNICIPALITY OF BAYHAM being all of PIN 35332-0790 (LT) ENCUMBRANCES 1. Charge registered as Instrument No. CT195030 on March 31, 2021, from Henry Redecop, Jacob Redecop, William Redecop, and Peter Wiebe, in favour of Kindred Credit Union, in the amount of $750,000.00. The balance due date is on demand. Notice of Amending Agreement registered as Instrument No. CT196610 on May 3, 2021, from Henry Redecop, Jacob Redecop, William Redecop, and Peter Wiebe, in favour of Kindred Credit Union. This Notice relates to Instrument No. CT195030. 2. Charge registered as Instrument No. CT249293, on December 18, 2024, from Henry Redecop, Jacob Redecop, William Redecop and Peter Wiebe in favour of Kindred Credit Union Limited in the amount of $785,000.00 Schedule "B" 36 SCHEDULE “C” SUBDIVISION AGREEMENT dated the day of , 2025. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter called the “Municipality” and one of the parties) - and - WILLIAM REDECOP, HENRY REDECOP, JACOB REDECOP AND PETER WIEBE (hereinafter called the “Subdivider” and one of the parties) LEGAL DESCRIPTION LOT D, NORTH OF KING STREET AND EAST OF NORTH STREET, PART OF LOT E, EAST SIDE OF NORTH STREET AND PART OF LOT G, SOUTH SIDE OF CHAPEL STREET, PLAN 54, PART 1, PLAN 11R-10979, MUNICIPALITY OF BAYHAM being all of PIN 35332-0790 (LT) BLOCKS AND EASEMENTS TO BE TRANSFERRED BY SUBDIVIDER 1. Easements for Municipal Services and Drainage Purposes The Owner shall grant at its expense and in favour of the Municipality the following easements for municipal services: Being Parts 1 and 2 of Draft Registered Plan 11R- XXXXX, Project 24-19165E by Kim Husted Surveying Limited described as Part of Lots 4 and 5 Registered Plan 11M-XXX (Village of Vienna) Municipality of Bayham, County of Elgin CH AP EL STREET � (15.088 WIDE -REGISTEREDPLAN No. 54) w I--w w Q'.'.I--(J) II--Q'.'.0 z LL0 I-- G �o- \_0' �££' ?\..f:'--� S' p.:?£\..e,0 o'f so0,0 \ --------(J)------<(w /--0:::: 0 z 1-w w � (/) ------ ------ -------- LOT 8 ------------ LOT 7 ------------ LOT 6 P.I.N.35332 -xxxx X X X I I I --� ------I I I - . 0 z ------------------ z " z /fl <: co " co (( 0 iri I I I Ro,4,0 I I I PART 11R 1 2943 LOT 4 EAST OF NORTH LOT P.I.N. 35332 - PART LOT P.I.N.35332 - LOT 3 5 xxxx 3.750 xxxx P.I.N.35332 -xxxx LOT 2 LOT 1 STREET - 2. LOT 5 LOT 4 1 0 w 0:::: w /-- (/) C) w 0:::: 3.750 z <( _jQ ...-...-- 0 0 0 iri 0 iri 3.750 0 0 st' 0 st' I I I I 0 I w 0:::: w /--(/) C) w 0:::: /4fVo z <( _jQ I �� "l <: (( __JLLJ Q<( Iu LL0 �::> 0(J) /--0 _j "tj- 1.() 1--1..LJw fE (J) _jLLJ Q<( Iu LL0 �:) 0(J) /--0 _j � fl:: 0 z I I REQUIRE lHIS PLAN TO BE DEPOSITED UNDER THE LAND TITLESACT PLAN 11R- RECEIVED AND DEPOSITED DATE _______ _ DATE REPRESENTATIVE FOR lHE JAMIE G. DOCKX O.L.S.LAND REGISTRAR FOR lHE LAND TITLES DIVISION OF ELGN (No. 11) PART SCHEDULE PART LOT PLAN p .I.N. PERPENDICULAR PART OF 11M-XXX PART OF 35332-XXXX4 2 PART OF 11M-XXX PART OF 35332-XXXX5 PART 1 COMPRISES PART OF P.I.N. 35332-XXXX PART 2 COMPRISES PART OF P.I.N. 35332-XXXX WHOLLY COMPILED PLAN OF PART OF LOTS 4 AND 5 REGISTERED PLAN 11M-XXX (VILLAGE OF VIENNA) MUNICIPALITY OF BA YHAM COUTY OF ELGIN 0 10 20 SCALE -1: 500 WIDTH 3.750 / 4.ooo 3.750 / 5.ooo 30 METRES UETRIC DISTANCES SHOWN ON lHIS PLAN ARE IN METRES AND CANM BE CONVERTED TO FEET BY DIVIDING BY 0.3048 KIM HUSTED SURVEYING LTD. SURVEYOR'S CERTIFICATE AS TO PARTS 1 AND 2 lHIS IS TO CERTIFY lHAT (1)- THIS PLAN IS AN ACCURATE COMPILATION BASED ON DATA DERIVEDFROM REGISTERED PLAN 11 M-XXX DATE JAMIE G. DOCKX ONTARIO LAND SURVEYOR THIS PLAN OF SURVEY RELATES TO AOLS PLAN SUBMISSION FORM NUMBER -� LEGEND P.I.N. DENOTES PROPERTY IDENTIFIER NUMBER KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR 30 HARVEY STREET, 11LLSONBURG ONTARIO, N4G 3J8 PHONE:519-842-3638 FAX: 519-842-3639 PROJECT: 24-19165E JAKE REDECOP REF: DWG. RDH 1---NOR_ TH _S_lR _EET-, -VIE-NN_A_---< FF8 CKD. JGD Schedule "C" 37 SCHEDULE “D” ENGINEERED DRAWINGS LIST AND DESCRIPTIONS SUBDIVISION AGREEMENT dated the day of , 2025. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter called the “Municipality” and one of the parties) - and – WILLIAM REDECOP, HENRY REDECOP, JACOB REDECOP AND PETER WIEBE (hereinafter called the “Subdivider” and one of the parties) The following are the list of plans identified by drawing numbers and descriptions that are located in the municipal office. Drawing No. and Description Version/Date 1. Cover Page Rev 5 - 4 Dec 2024 2. Grading Plan Rev 5 - 4 Dec 2024 3. Storm Drainage System and Areas Rev 5 - 4 Dec 2024 4. Sanitary Drainage System and Areas Rev 5 - 4 Dec 2024 5. North Street – King Street to 0+200 Rev 5 - 4 Dec 2024 6. North Street – 0+200 to Chapel Street Rev 5 - 4 Dec 2024 7. Lot 4/5 Storm & King Street Rev 5 - 4 Dec 2024 8. General Notes and Misc. Details Rev 5 - 4 Dec 2024 9. Misc. Details Rev 5 - 4 Dec 2024 10. North Street Sections XS-01 Rev 5 - 4 Dec 2024 1603 Security Estimate - 24 Nov. 2023 Security Estimate (Rev 1) - 29 May 2024 Security Estimate (Rev 2) - 1 Nov. 2024 UNIT PRICE TOTAL %$%$ SANITARY SEWER 200mmø 130 m 180 23,400 70 16,380 1200mmø manholes 3 each 7,500 22,500 70 15,750 PDC's 8 each 1,500 12,000 70 8,400 Miscellaneous 2,100 0 0 $60,000 $60,000 $40,530 $0 STORM SEWER 450mmø 95.5 m 300 28,650 70 20,055 300mmø 155 m 250 38,775 70 27,143 PDC's 8 each 1,500 12,000 70 8,400 1500mmø Catchbasin Manhole 2 each 8,000 16,000 70 11,200 Ditch Inlet catchbasin 3 each 3,000 9,000 70 6,300 Ditch Inlet Double Catchbasin 1 each 5,000 5,000 70 3,500 Miscellaneous 575 0 0 $110,000 $110,000 $76,598 $0 STORMWATER MANAGEMENT AND LOT4/5 MUNICIPAL DRAIN 525mmø 47.3 m 325 15,373 70 10,761 1500mmø Catchbasin Manhole 1 each 8,000 8,000 70 5,600 Erosion Control Mat with Seed 300 m²4 1,200 70 840 Rip-Rap on Geotextile 25 m²100 2,500 70 1,750 Infiltration Basins 8 each 5,000 40,000 70 28,000 Miscellaneous 2,928 0 0 $70,000 $70,000 $46,951 $0 WATERMAIN 150mmø 320 m 150 $48,000 70 33,600 Watermain tie-in (live-tap at Chapel St)3 each 4,500 13,500 70 9,450 Hydrant incl. lead, valve and culvert 1 each 8,000 8,000 70 5,600 150mmø water valve 5 each 2,000 10,000 70 7,000 Services 8 each 1,250 10,000 70 7,000 Miscellaneous 500 0 0 $90,000 90,000 $62,650 $0 ROADWORK Remove existing asphalt 1982 m²5 9,910 70 6,937 Offiste disposal of surplus material 850 m³15 12,750 70 8,925 Excavation, grading, ditches 1 l/s 10,000 10,000 70 7,000 Granular B (300mm thick)802 m³50 40,100 70 28,070 Granular A (100mm thick)413 m³60 24,780 70 17,346 Fine grade granular 1 l/s 3,000 3,000 70 2,100 HL8 base asphalt (50mm thick)325 tonnes 120 39,000 100 39,000 HL3 surface asphalt (50mm thick)325 tonnes 130 42,250 100 42,250 Catch Basin Adjustments 1 each 200 200 100 200 Manhole Adjustments 5 each 750 3,750 100 3,750 Replace topsoil and seed ditches 760 m²7 5,320 100 5,320 Driveway Restoration 4 each 1,200 4,800 100 4,800 Milling 75 m 25 1,875 100 1,875 Street Lights 5 each 1,400 7,000 100 7,000 Miscellaneous 265 0 0 $205,000 $205,000 $174,573 $0 SUB-TOTAL CONSTRUCTION COSTS $535,000 $401,302 $0 TOTAL REQUIRED SECURITY $401,302 Supervision and contract administration (5%)27,000 Geotechnical Investigation and Testing (1.5%)9,000 Electrical Servicing - 8 Lots @ $5,000 45,000 Utility Co-ordination by CJDL 5,000 TOTAL ESTIMATED CONSTRUCTION COST $621,000 The foregoing costs exclude: • Development charges; • HST; • Legal costs; • Utility conflicts and relocation; • Driveways; • Private Well Construction; • Grading, topsoil sod around units; • Landscaping, trees; and • Electrical service rebate. SCHEDULE E1 VIENNA RIDGE SUBDIVISION, VIENNA MUNICIPALITY OF BAYHAM ESTIMATED CONSTRUCTION COSTS 100% PERFORMANCE MAINTENANCE Peter J. Penner, P. Eng. CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, TILLSONBURG, ONTARIO. QUANTITY SECURITY ESTIMATE 1603 6 January 2025 1 January 2025 2 January 2025 3 Install storm sewers, MH's & services January 2025 4 Install watermain & services February 2025 5 Watermain testing/swabbing & infiltration gallery installation 6 Watermain connections & culvert installations 7 Utilities & install road granulars to "A" 8 Fine grading, boulevard and miscellaneous restoration 9 Fine grading and paving Install sanitary sewers, MH's & services February 2025 February 2025 February 2025 April 2025 April 2025 SCHEDULE E2 IMPLEMENTATION SCHEDULE VIENNA RIDGE SUBDIVISION, VIENNA MUNICIPALITY OF BAYHAM Removals, clearing & grubbing and sediment control THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-010 A BY-LAW TO AUTHORIZE THE EXECUTION OF A TRANSFER PAYMENT AGREEMENT BETWEEN HIS MAJESTY THE KING IN RIGHT OF ONTARIO AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COMMUNITY EMERGENCY PREPAREDNESS GRANT WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a broad scope of powers to municipalities to govern their affairs as they consider appropriate; AND WHEREAS the Municipality of Bayham was notified on January 31, 2025 that its application was successful in the amount of $50,000; AND WHEREAS Council of the Municipality of Bayham is desirous of entering into a Transfer Payment Agreement for receipt of the funds and confirm ability to proceed with the identified work within the grant application; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Chief Administrative Officer be and are hereby authorized to execute the Transfer Payment Agreement attached hereto as Schedule “A” and forming part of this by-law; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF FEBRUARY, 2025. ___________________________ _____________________________ MAYOR CLERK ONTARIO TRANSFER PAYMENT AGREEMENT THE AGREEMENT is effective as of the day of , 2025. BETWEEN: His Majesty the King in right of Ontario as represented by the President of the Treasury Board (the "Province") - and - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (the "Recipient") CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules form part of the Agreement: Schedule "A" - General Terms and Conditions Schedule "B" - Project Specific Information and Additional Provisions Schedule "C" - Project Schedule "D" - Budget Schedule "E" - Payment Plan Schedule "F" - Reports. 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 2.0 CONFLICT OR INCONSISTENCY - 2 - 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule "A", the following rules will apply: (a)the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule "A"; and (b)where it is not possible to interpret the Additional Provisions in a way that is consistent with the provisions in Schedule "A", the Additional Provisions will prevail over the provisions in Schedule "A" to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 One and the Same Agreement. The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0 AMENDING THE AGREEMENT 4.1 Amending the Agreement. The Agreement may only be amended by a written agreement duly executed by the Parties. 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement. The Recipient acknowledges that: (a)by receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); (b)His Majesty the King in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c)the Funds are: (i)to assist the Recipient to carry out the Project and not to provide goods or services to the Province; - 3 - (ii)funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); (d)the Province is not responsible for carrying out the Project; (e)the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act; and (f)the Province is bound by the Financial Administration Act (Ontario) ("FAA") and, pursuant to subsection 11.3(2) of the FAA, payment by the Province of Funds under the Agreement will be subject to, (i)an appropriation, as that term is defined in subsection 1(1) of the FAA, to which that payment can be charged being available in the Funding Year in which the payment becomes due; or (ii)The payment having been charged to an appropriation for a previous fiscal year. SIGNATURE PAGE FOLLOWS - 4 - The Parties have executed the Agreement on the dates set out below. HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by the President of Treasury Board _________________ Date BAYHAM _________________ Date _________________ Date ____________________________________ Name: Nina Diaz Title: Director THE CORPORATION OF THE MUNICIPALITY OF ____________________________________ Name: Title: I have authority to bind the Recipient ____________________________________ Name: Title: I have authority to bind the Recipient January 28, 2025 - 5 - SCHEDULE "A" GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a)words in the singular include the plural and vice-versa; (b)words in one gender include all genders; (c)the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d)any reference to dollars or currency will be in Canadian dollars and currency; and (e)"include", "includes" and "including" denote that the subsequent list is not exhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: "Additional Provisions" means the terms and conditions set out in Schedule "B". "Agreement" means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1. "Budget" means the budget attached to the Agreement as Schedule "D". "Business Day" means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year's Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. "Effective Date" means the date set out at the top of the Agreement. "Event of Default" has the meaning ascribed to it in section A12.1. "Expiry Date" means the expiry date set out in Schedule "B". "Funding Year" means: (a)in the case of the first Funding Year, the period commencing on the Effective - 6 - Date and ending on the following March 31; and (b)in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31 or the Expiry Date, whichever is first. "Funds" means the money the Province provides to the Recipient pursuant to the Agreement. "Indemnified Parties" means His Majesty the King in right of Ontario, and includes His ministers, agents, appointees, and employees. "Loss" means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any other part of the Agreement. "Maximum Funds" means the maximum set out in Schedule "B". "Notice" means any communication given or required to be given pursuant to the Agreement. "Notice Period" means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A12.3(b), and includes any such period or periods of time by which the Province extends that time pursuant to section A12.4. "Parties" means the Province and the Recipient. "Party" means either the Province or the Recipient. "Proceeding" means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Project or with any other part of the Agreement. "Project" means the undertaking described in Schedule "C". "Records Review" means any assessment the Province conducts pursuant to section A7.4. "Reports" means the reports described in Schedule "F". A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient represents, warrants, and covenants that: - 7 - (a)it is, and will continue to be, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b)it has, and will continue to have, the experience and expertise necessary to carry out the Project; (c)it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the Project, the Funds, or both; and (d)unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a)the full power and capacity to enter into the Agreement; and (b)taken all necessary actions to authorize the execution of the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a)a code of conduct and ethical responsibilities for all persons at all levels of the Recipient's organization; (b)procedures to enable the Recipient's ongoing effective functioning; (c)decision-making mechanisms for the Recipient; (d)procedures to enable the Recipient to manage Funds prudently and effectively; (e)procedures to enable the Recipient to complete the Project successfully; (f)procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (g)procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (h)procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. - 8 - A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or Article A12.0. A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a)provide the Recipient with Funds up to the Maximum Funds for the purpose of carrying out the Project; (b)provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule "E"; and (c)deposit the Funds into an account the Recipient designates provided that the account: (i)resides at a Canadian financial institution; and (ii)is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1: (a)the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof required pursuant to section A10.2; (b)the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; and (c)the Province may adjust the amount of Funds it provides to the Recipient for any Funding Year based upon the Province's assessment of the information the Recipient provides to the Province pursuant to section A7.2. A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a)carry out the Project in accordance with the Agreement; (b)use the Funds only for the purpose of carrying out the Project; - 9 - (c)spend the Funds only in accordance with the Budget; (d)not use the Funds to cover any cost that has been or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario. A4.4 Interest-Bearing Account. If the Province provides Funds before the Recipient's immediate need for the Funds, the Recipient will place the Funds in an interest- bearing account in the name of the Recipient at a Canadian financial institution. A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following: (a)deduct an amount equal to the interest from any further instalments of Funds; (b)demand from the Recipient the payment of an amount equal to the interest. A4.6 Rebates, Credits, and Refunds. The Province will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENT'S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that promotes the best value for money. A5.2 Disposal. The Recipient will not, without the Province's prior consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount as set out in Schedule "B" at the time of purchase. A6.0 CONFLICT OF INTEREST A6.1 Conflict of Interest Includes. For the purposes of Article A6.0, a conflict of interest includes any circumstances where: (a)the Recipient; or (b)any person who has the capacity to influence the Recipient's decisions, has outside commitments, relationships, or financial interests that could, or could be seen by a reasonable person to, interfere with the Recipient's objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both. - 10 - A6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest unless: (a)the Recipient: (i)provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest; and (ii)requests the consent of the Province to carry out the Project with an actual, potential, or perceived conflict of interest; (b)the Province provides its consent to the Recipient carrying out the Project with an actual, potential, or perceived conflict of interest; and (c)the Recipient complies with any terms and conditions the Province may prescribe in its consent. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, "Province" includes any auditor or representative the Province may identify. A7.2 Preparation and Submission. The Recipient will: (a)submit to the Province at the address set out in Schedule "B": (i) all Reports in accordance with the timelines and content requirements set out in Schedule "F"; (ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time; (b)ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (ii)signed by an authorized signing officer of the Recipient. A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation: (a)all financial records (including invoices and evidence of payment) relating to the Funds or otherwise to the Project in a manner consistent with either - 11 - international financial reporting standards or generally accepted accounting principles or any comparable accounting standards that apply to the Recipient; and (b)all non-financial records and documents relating to the Funds or otherwise to the Project. A7.4 Records Review. The Province may, at its own expense, upon twenty-four hours' Notice to the Recipient and during normal business hours enter upon the Recipient's premises to conduct an audit or investigation of the Recipient regarding the Recipient's compliance with the Agreement, including assessing any of the following: (a)the truth of any of the Recipient's representations and warranties; (b)the progress of the Project; (c)the Recipient's allocation and expenditure of the Funds. A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or both of the following actions: (a)inspect and copy any records and documents referred to in section A7.3; (b)remove any copies the Province makes pursuant to section A7.5(a). A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7. 5, the Recipient will cooperate with the Province by: (a)ensuring that the Province has access to the records and documents wherever they are located; (b)assisting the Province to copy records and documents; (c)providing to the Province, in the form the Province specifies, any information the Province identifies; and (d)carrying out any other activities the Province requests. A7.7 No Control of Records. No provision of the Agreement will be construed to give the Province any control whatsoever over any of the Recipient's records. A7.8 Auditor General. The Province's rights under Article A7.0 are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act - 12 - (Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Project-related publications, whether written, oral, or visual: (a)acknowledge the support of the Province for the Project; (b)ensure that any acknowledgement is in a form and manner as the Province directs; and (c)indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 INDEMNITY A9.1 Indemnify. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the gross negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount set out in Schedule "B" per occurrence, which commercial general liability insurance policy will include the following: (a)the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (b)a cross-liability clause; (c)contractual liability coverage; and (d)at least 30 days' written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: - 13 - (a)provide to the Province, either: (i)certificates of insurance that confirm the insurance coverage required by section A10.1; or (ii)other proof that confirms the insurance coverage required by section A10.1; and (b)in the event of a Proceeding, and upon the Province's request, the Recipient will provide to the Province a copy of any of the Recipient's insurance policies that relate to the Project or otherwise to the Agreement, or both. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving 30 days' Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions: (a)cancel further instalments of Funds; (b)demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c)determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i)permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section A11.2(b); and (ii)subject to section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A12.1 Events of Default. Each of the following events will constitute an Event of Default: (a)in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: - 14 - (i)carry out the Project; (ii)use or spend Funds; or (iii)provide, in accordance with section A7.2, Reports or such other reports as the Province may have requested pursuant to section A7.2(a)(ii); (b)the Recipient's operations, its financial condition, its organizational structure or its control changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (c)the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; (d)the Recipient ceases to operate. A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a)initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b)provide the Recipient with an opportunity to remedy the Event of Default; (c)suspend the payment of Funds for such period as the Province determines appropriate; (d)reduce the amount of the Funds; (e)cancel further instalments of Funds; (f)demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g)demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h)demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; (i)demand from the Recipient the payment of an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Records Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and - 15 - (j)upon giving Notice to the Recipient, terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province. A12.3 Opportunity to Remedy. If, pursuant to section A12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a)the particulars of the Event of Default; and (b)the Notice Period. A12.4 Recipient not Remedying. If the Province provides the Recipient with an opportunity to remedy the Event of Default pursuant to section A12.2(b), and: (a)the Recipient does not remedy the Event of Default within the Notice Period; (b)it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c)the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A12.2(a), (c), (d), (e), (f), (g), (h), (i) and (j). A12.5 When Termination Effective. Termination under Article A12.0 will take effect as provided for in the Notice. A13.0 FUNDS AT THE END OF A FUNDING YEAR A13.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A12.0, if, by the end of a Funding Year, the Recipient has not spent all of the Funds allocated for that Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a)demand from the Recipient payment of the unspent Funds; (b)adjust the amount of any further instalments of Funds accordingly. A14.0 FUNDS UPON EXPIRY A14.1 Funds Upon Expiry. Upon expiry of the Agreement, the Recipient will pay to the Province any Funds remaining in its possession, under its control, or both. A15.0 DEBT DUE AND PAYMENT - 16 - A15.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a)deduct an amount equal to the excess Funds from any further instalments of Funds; or (b)demand that the Recipient pay to the Province an amount equal to the excess Funds. A15.2 Debt Due. If, pursuant to the Agreement: (a)the Province demands from the Recipient the payment of any Funds, an amount equal to any Funds or any other amounts owing under the Agreement; or (b)the Recipient owes to the Province any Funds, an amount equal to any Funds or any other amounts owing under the Agreement, whether or not the Province has demanded their payment, such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A15.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then current interest rate charged by the Province of Ontario on accounts receivable. A15.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the "Ontario Minister of Finance" and delivered to the Province at the address set out in Schedule "B". A15.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, His Majesty the King in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by His Majesty the King in right of Ontario. A16.0 NOTICE A16.1 Notice in Writing and Addressed. Notice will be: (a)in writing; (b)delivered by email, postage-prepaid mail, personal delivery, courier or fax; and - 17 - (c)addressed to the Province or the Recipient as set out in Schedule "B", or as either Party later designates to the other by Notice. A16.2 Notice Given. Notice will be deemed to have been given: (a)in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b)in the case of fax, one Business Day after the Notice is delivered; and (c)in the case of email, personal delivery or courier on the date on which the Notice is delivered. A16.3 Postal Disruption. Despite section A16.2(a), in the event of a postal disruption: (a)Notice by postage-prepaid mail will not be deemed to be given; and (b)the Party giving Notice will give Notice by email, personal delivery, courier or fax. A17.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A17.1 Consent. When the Province provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c)the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent. A18.0 SEVERABILITY OF PROVISIONS A18.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A19.0 WAIVER A19.1 Condonation not a waiver.Failure or delay by the either Party to exercise any of its rights,powers or remedies under the Agreement will not constitute a waiver of those rights,powers or remedies and the obligations of the Parties with respect to such rights,powers or remedies will continue in full force and effect. - 18 - A19.2 Waiver. Either Party may waive any of its rights, powers or remedies under the Agreement by providing Notice to the other Party. A waiver will apply only to the specific rights, powers or remedies identified in the Notice and the Party providing the waiver may attach terms and conditions to the waiver. A20.0 INDEPENDENT PARTIES A20.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is or take any actions that could establish or imply such a relationship. A21.0 ASSIGNMENT OF AGREEMENT OR FUNDS A21.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A21.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a)the Recipient's heirs, executors, administrators, successors, and permitted assigns; and (b)the successors to His Majesty the King in right of Ontario. A22.0 GOVERNING LAW A22.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A23.0 FURTHER ASSURANCES A23.1 Agreement into Effect. The Recipient will: (a)provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains; and (b)do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. - 19 - A24.0 JOINT AND SEVERAL LIABILITY A24.1 Joint and Several Liability. Where the Recipient comprises more than one entity, each entity will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A25.0 RIGHTS AND REMEDIES CUMULATIVE A25.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A26.1 Other Agreements. If the Recipient: (a)has failed to comply with any term, condition, or obligation under any other agreement with His Majesty the King in right of Ontario or one of His agencies (a "Failure"); (b)has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c)has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d)such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A27.0 SURVIVAL A27.1 Survival. The following Articles and sections, and all applicable cross-referenced Articles, sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.4, A4.5, A4.6, section A5.2, section A7.1, section A7.2 (to the extent that the Recipient has not provided the Reports or other reports as the Province may have requested and to the satisfaction of the Province), sections A7.3, A7.4, A7.5, A7.6, A7. 7, A7.8, Article A8.0, Article A9.0, section A11.2, section A12.1, sections A12.2(d), (e), (f), (g), (h), (i) and (j), Article A13.0, Article A14.0, Article A15.0, Article A16.0, Article A18.0, section A21.2, Article A22.0, Article A24.0, Article A25.0 and Article A27.0. - 20 - END OF GENERAL TERMS AND CONDITIONS - 21 - SCHEDULE "B" PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds $50,000.00 Project Expiry Date November 28, 2025 Amount for the purposes of section A5.2 (Disposal) of Schedule "A" $25,000 Certificate of Insurance $ 2,000,000 Contact information for the purposes of Notice to the Province Priscilla McKenzie Senior Manager Design and Implementation Unit, Emergency Management Ontario Treasury Board Secretariat Address: Emergency Management Ontario 25 Morton Shulman Avenue Toronto, Ontario, M3M 0B1 Email: EMOcommunitygrants@ontario.ca Contact information for the purposes of Notice to the Recipient Name: Lorne James Position: Treasurer Address: 56169 HERITAGE LINE, STRAFFORDVILLE, ON, N0J1Y0 Phone: 5198665521 Email: ljames@bayham.on.ca Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Name: Position: Address: Phone: Email: Additional Provisions: B1.0 ADDITIONAL COMMUNICATIONS REQUIREMENTS B1.1 Communications Details. The Recipient agrees that: (a)Any of the Province's Project-related communications shall be at the discretion of - 22 - the Province. (b)The Province may acknowledge the Project in any of its communications. (c)The Province may request that the Recipient participate in an announcement or media event with government officials. (d)The Recipient shall share any proposed public-facing Project-related communications with the Province for review prior to public release. (e)The Province may also request a summary of any of the Recipient's planned communication activities about the Project. (f)Any of the Recipient's Project-related public communications about the Project shall be made in accordance with the timing specified by the Province, including the timing of any official Project launch announcement. Visual identity and branding for any Project-related products, materials, equipment, and other assets used by the Recipient shall be in accordance with direction provided by the Province - 23 - SCHEDULE "C" PROJECT A) The trailer is designed to respond to the annual flooding which occurs within the Municipality of Bayham. However, the equipment, other than the sand bagging equipment, can also be utilized to respond to any sudden emergency in which roads will be closed, and hydro may become an issue. B) This grant will allow the Municipality to have a trailer pre-filled with equipment that will respond to protect the area, and have equipment that can be handed out to property owners that will allow them to protect their homes and reduce the effects of a flood. Other equipment intended to be purchased is for warning the people of an approaching flooded area. And communiciation equipment that will allow staff to coordinate their response. C. With the changing of the climate, the municipality has been receiving increasing numbers of storms. In the past, ice jams were the reason for the flooding. However, last year, there was little ice and it was the sheer amount of ongoing intense rain that caused the waters to flow over the Creek's banks. Project Timelines Project Start Date Effective Date of the Transfer Payment Agreement Completion Date May 31, 2025 Performance Metrics KPI Description/Calculation Target Increasing emergency preparedness in this community as a result of this project Rate of emergency preparedness increase in this community as a result of this project (scale: 1 (not prepared), 2 (minimally prepared), 3 (partially prepared), 4 (mostly prepared), 5 (fully prepared)) 4 Increase number of volunteers in the community as a result of this project Number of volunteers recruited for the organization/project 0 Increase number of people trained for emergency preparedness as a result of this project Number of people trained 10 Client Provided Performance Metrics KPI Description/Calculation Target - 24 - Increased warning of emergency Avoiding the public to enter dangerous area 5 Protection of Personal Property Offering supplies in which the public can protect their personal property. 1 - 25 - SCHEDULE "D" BUDGET Expense Category Total Supplies $19,450.00 Capital Equipment $17,500.00 Services $0.00 Training $0.00 Other $13,050.00 Total Funding Request $50,000.00 - 26 - SCHEDULE "E" PAYMENT PLAN The payment of Funds will be made by electronic fund transfer by the Province. The Recipient is required to have a profile on the Integrated Financial Information System (IFIS) system and is responsible for keeping it up to date with appropriate banking and contact information. Payment Amount Payment Date Payment $50,000.00 Up to 15 Business Days after all the following occur: ·the Agreement is signed by both parties; ·the Province receives the following from the Recipient the Certificate of Insurance - 27 - SCHEDULE "F" REPORTS The following documents will be required before completion of report back: ·Confirmation of signing authority; and ·Copy of notification to elected official/head for awareness Final Report. The Recipient shall include the following in the Final Report: (a)Final expense summary, including a reconciliation of actual payments made by the Province and actual expenses incurred by the Recipient in accordance with the Budget. (b)An explanation of variances between the Budget and actual expenses incurred by the Recipient. (c)Itemized list of all capital and operating equipment purchased. (d)Supporting documents substantiating the Recipient's completion of Project activities. (e)Summary of Project and performance measures results demonstrating how the Project has enhanced capabilities. (f)Final Report to be completed on TPON by the Recipient's Finance Contact or equivalent in accordance". A failure to meet any of the reporting requirements described above may impact the Recipient's ability to return Funds under this Agreement, as well as the Recipient's eligibility to receive funding that may be available through future iterations of the program. Unless the Province specifies otherwise, all Reports must be completed in Transfer Payment Ontario. Project reporting deadline September 12, 2025 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WATERFRONT ADVISORY COMMITTEE MINUTES TRACKLESS LOUNGE 56169 Heritage Line, Straffordville, ON Monday, January 20, 2025 5:00 p.m. PRESENT: COMMITTEE MEMBERS SERGE PIETERS MARNI WOLFE ASHLEY CARDINAL VAL DONNELL *Acting Chair ABSENT: CHAIR RAINEY WEISLER STAFF ATTENDANCE: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS 1. CALL TO ORDER Chief Administrative Officer Thomas Thayer assumed the Chair and called the meeting to order at 5:00 p.m. Chair Thayer requested that in the absence of Committee Chair Weisler, the present members of the Waterfront Advisory Committee appoint from themselves a Member to chair the January 20, 2025 Meeting. Committee Member Donnell nominated herself. Moved by: Committee Member Wolfe Seconded by: Committee Member Cardinal THAT Committee Member Donnell be appointed as the Chair of the January 20, 2025 Waterfront Advisory Committee meeting. CARRIED Chief Administrative Officer Thomas Thayer vacated the Chair. Committee Member Donnell assumed the Chair. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. DELEGATIONS 4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) 2 A. Minutes of the Waterfront Advisory Committee Meeting held October 21, 2024 Moved by: Committee Member Pieters Seconded by: Committee Member Cardinal THAT the minutes of the Waterfront Advisory Committee Meeting held October 21, 2024 be approved as presented. CARRIED 5. MATTERS OF BUSINESS A. Memo WAC-01/25 re 2025 Operating Budget Input The Meeting recessed at 5:03 pm and resumed at 5:16 pm. Moved by: Committee Member Wolfe Seconded by: Committee Member Pieters THAT Memo WAC-01/25 re 2025 Operating Budget Input be received for information; AND THAT the Waterfront Advisory Committee recommends to Council to consider an additional accessible portable washroom and enclosure near the pier in the 2025 Operating Budget. CARRIED B. Memo WAC-02/25 re East Beach / Pier Capital Projects Update Moved by: Committee Member Wolfe Seconded by: Committee Member Cardinal THAT Memo WAC-02/25 re East Beach / Pier Capital Projects Update be received for information. CARRIED C. Memo WAC-03/25 re Waterfront Advisory Committee-Led Education Events for 2025 Moved by: Committee Member Cardinal Seconded by: Committee Member Pieters THAT Memo WAC-03/25 re Waterfront Advisory Committee-Led Education Events for 2025 be received for information; AND THAT the Waterfront Advisory Committee appoint the following:  Committee Members Pieters and Cardinal to work with staff for the photography challenge  Committee Members Wolfe and Donnell to work with staff for the make a pledge campaign. CARRIED 3 D. Memo WAC-04/25 re Waterfront Advisory Committee Schedule for Annual Committee Memos Moved by: Committee Member Wolfe Seconded by: Committee Member Pieters THAT Memo WAC-04/25 re Waterfront Advisory Committee Schedule for Annual Committee Memos be received for information; AND THAT the Waterfront Advisory Committee recommends to Council to amend the Procedural By-law for an earlier date to post the agendas for Committee Meetings. CARRIED E. Memo WAC-05/25 re Waterfront Advisory Committee 2025 Meeting Schedule Moved by: Committee Member Cardinal Seconded by: Committee Member Pieters THAT Memo WAC-05/25 re Waterfront Advisory Committee 2025 Meeting Schedule be received for information; AND THAT the following meeting dates be the Regular Meetings for the Waterfront Advisory Committee for 2025:  Monday, April 28, 2025 at 5:00 pm (Trackless)  Monday, July 21, 2025 at 5:00 pm (Beach, weather-dependent)  Monday, October 20, 2025 at 5:00 pm (Trackless) AND THAT the first meeting of 2026 be scheduled at the October 20, 2025 meeting. CARRIED 6. ADJOURNMENT Moved by: Committee Member Wolfe Seconded by: Committee Member Cardinal THAT the Waterfront Advisory Committee Meeting be adjourned at 6:01 p.m. CARRIED CHAIR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MUSEUM ADVISORY COMMITTEE MINUTES TRACKLESS LOUNGE 56169 Heritage Line, Straffordville Wednesday, January 22, 2025 5:00 p.m. PRESENT: CHAIR SUSAN CHILCOTT COMMITTEE MEMBERS ROY SULLIVAN RON BRADFIELD ROBERT PONZIO DIANE SOPER STAFF ATTENDANCE: PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL CURATOR JENNIFER BEAUCHAMP CLERK MEAGAN ELLIOTT 1. CALL TO ORDER Chair Chilcott called the meeting to order at 5:00 pm. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. DELEGATIONS 4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) A. Minutes of the Museum Advisory Committee Meeting held October 23, 2024 Moved by: Committee Member Sullivan Seconded by: Committee Member Ponzio THAT the minutes from the Museum Advisory Committee Meeting held October 23, 2024 be approved as presented. CARRIED 5. MATTERS OF BUSINESS A. Curator Monthly Reports: October and November 2024 Moved by: Committee Member Bradfield Seconded by: Committee Member Sullivan THAT the October and November 2024 Curator Reports be received for information. CARRIED 2 B. Memo MAC-01/25 Museum Summer Students Moved by: Committee Member Ponzio Seconded by: Committee Member Sullivan THAT Memo MAC-01/25 re Museum Summer Students be received for information. CARRIED C. Memo MAC-02/25 Museum Accessibility Project Update Moved by: Committee Member Soper Seconded by: Committee Member Bradfield THAT Memo MAC-02/25 re Museum Accessibility Project Update be received for information. CARRIED D. Memo MAC-03/25 Museum Advisory Committee 2025 Meeting Schedule Moved by: Committee Member Sullivan Seconded by: Committee Member Soper THAT Memo MAC-03/25 re Museum Advisory Committee 2025 Meeting Schedule be received for information; AND THAT the following meeting dates be the Regular Meetings for the Museum Advisory Committee for 2025:  Wednesday, April 30, 2025 at 5:00 pm (Trackless Lounge)  Wednesday, July 23, 2025 at 5:00 pm (Museum)  Wednesday, October 22, 2025 at 5:00 pm (Trackless Lounge) AND THAT the first meeting of 2026 be scheduled at the October 22, 2025 meeting. CARRIED 6. ADJOURNMENT Moved by: Committee Member Bradfield Seconded by: Committee Member Ponzio THAT the Museum Advisory Committee Meeting be adjourned at 5:27 p.m. CARRIED CHAIR CLERK ADVISORY BOARD & COMMITTEE RESOLUTION Date: February 6, 2025 To: Mayor & Members of Council From: Waterfront Advisory Committee Subject: Recommendations from January 20, 2025 WAC Meeting The Waterfront Advisory Committee respectfully requests the following motions to be considered by the Council of the Municipality of Bayham at the Regular Meeting of Council of February 6, 2025: Moved by: Committee Member Wolfe Seconded by: Committee Member Pieters THAT Memo WAC-01/25 re 2025 Operating Budget Input be received for information; AND THAT the Waterfront Advisory Committee recommends to Council to consider an additional accessible portable washroom and enclosure near the pier in the 2025 Operating Budget. CARRIED Moved by: Committee Member Wolfe Seconded by: Committee Member Pieters THAT Memo WAC-04/25 re Waterfront Advisory Committee Schedule for Annual Committee Memos be received for information; AND THAT the Waterfront Advisory Committee recommends to Council to amend the Procedural By-law for an earlier date to post the agendas for Committee Meetings. CARRIED THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-011 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD FEBRUARY 6, 2025 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of The Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the Council meeting held February 6, 2025 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF FEBRUARY, 2025. ____________________________ _____________________________ MAYOR CLERK