HomeMy WebLinkAboutBy-law No. 2005-131 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2005-131
BEING A BY-LAW TO AUTHORIZE THE
EXECUTION OF A SITE PLAN AGREEMENT
WITH JOHN SZAKAL
WHEREAS subsection 41(2) of the Planning Act, R.S.O. 1990 Chapter P.13 provides in
part that where in an official plan an area is shown or described as a proposed site plan
control area, the council of the local municipality in which the proposed area is situate
may,by by-law, designate the whole or any part of such area as a site plan control area.
AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-
law pursuant to Section 41 of the said Planning Act.
AND WHEREAS subsection 41 (4) of the said Planning Act provides in part that no
person shall undertake any development in an area designated under subsection (2)unless
the council of the municipality or, where a referral has been made under subsection (12),
the Municipal Board has approved one or both, as the council may determine, of the
following:
1. Plans showing the location of all buildings and structures to be erected and showing
the location of all facilities and works to be provided in conjunction therewith and of all
facilities and works required under clause (7) (a).
AND WHEREAS Erie Shores Wind Farm Limited Partnership, acting as agent for John
Szakal, has applied to the Municipality of Bayham for site plan approval under the
Planning Act,R.S.O. 1990, Chapter P.13, as amended.
AND WHEREAS the Council of the Corporation of the Municipality of Bayham now
deems it necessary to enter into a site plan agreement with John Szakal.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and they are hereby authorized and directed to
execute the site plan agreement between the Corporation of the Municipality of
Bayham and John Szakal, attached hereto as Schedule "A" and forming part of
this by-law.
2. THAT this By-law and executed agreement shall be registered in the Land
Registry Office for the Registry Division of Elgin(No. 11).
READ A FIRST AND SECOND TIME this 15th day of December,2005.
READ A THIRD TIME AM) FINALLY PASSED this 20th day of December,2005.
I
M O� C 'ERK
LRO# 11 Notice Under S.71 Of The Land Titles Act Receipted as CT15542 on 2007 07 19 at 13:35
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 9
Properties
PIN 35330 - 0160 LT
Description PT LT 21 CON 1 BAYHAM AS IN E359940 EXCEPT E370077; SIT E447958; BAYHAM
Address 04972 STAFFORD RD
BAYHAM
Consideration
Consideration $2.00
Applicant(s)
The notice is based on or.affects a valid and existing estate, right, interest or equity in land
Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Address for Service P.O. Box 160, 9344 Plank Road
Straffordville, Ontario
NOJ 1Y0
I, Lynn Acre, Mayor,and Lynda Millard, Clerk, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
Statements
This notice is for an indeterminate period
Schedule: See Schedules
Signed By
Scott Keith Campbell 36 Broadway, Box 5 acting for Signed 2007 07 19
Tillsonburg Applicants}
N4G 4H3
Tel 519-842-3658
Fax 5198425001
Submitted By
GIBSON, LINTON,TOTH,CAMPBELL& BENNETT 36 Broadway, Box 5 2007 07 19
Tillsonburg
N4G 4H3
Tel 519-842-3658
Fax 5198425001
Fees/Taxes/Payment
--
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Applica t Client File Number: BAYHAM-001
THIS AGREEMENT made this 24th day of January 2006.
BETWEEN:
JOHN BILL SZAKAL AND IRENE SZAKAL, AND ERIE SHORES WIND FARM
GENERAL PARTNER INC.,AS TRUSTEE FOR ERIE SHORES WIND FARM
GENERAL PARTNER TRUST AS GENERAL PARTNER OF THE ERIE
SHORES WIND FARM LIMITED PARTNERSHIP
Hereinafter called the"OWNER"
OF THE FTRST PART
-AND-
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Hereinafter called the "MUNICIPALITY"
OF THE SECOND PART
WHEREAS the Owner is the owner in fee simple and the owner of an easement in gross of the
lands situate in the Municipality of Bayham, in the County of Elgin being Part of Lot 21,
Concession 1,more particularly described in S$ ag ' attached hereto(and hereafter referred
to as the"Lands"); Exhibit "A"
AND WHEREAS the Official Plan of the Municipality of Bayham in effect, designates the
entirety of the Municipality as a site plan control area;
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto, as Schedule"A" (and hereafter referred to as the"Plan");
AND WHEREAS the Municipality, as a condition of development of the lands requires the
Owner to enter into a Development Agreement;
NOW THEREFORE in consideration of other good and valuable consideration and the sum of
Two Dollars ($2.00)of lawful money of Canada by each to the other paid(the receipt whereof is
acknowledged by each), the Owner hereby covenants and agrees with the Municipality as
follows:
1. The Owner agrees that no building permit will be available until the Plan has been
approved by the Municipality, and further agrees that work will not commence prior to
the issuance of the building permit.
2. The following Schedules, which are identified by the signatures of the parties to this
Agreement, and which are attached hereto, are hereby made a part of this Agreement, as
fully and to all intents and purposes as though recited in full herein:
EXHIBIT"A" and"A-1"-SITE PLAN
EXHIBIT"B"-CERTIFICATE OF COMPLIANCE
3. Schedule"A"hereto describes the lands affected by this Agreement.
4. Exhibit"A"and"A-1" -Site Plan,shows:
a) the location and height of all buildings and structures to be erected;
b) the location of vehicular entrances and exits;
c) the Iocation and provision of off-street vehicular loading and parking facilities,
including driveways for emergency vehicles;
d) walkways and all other means of pedestrian access;
e) the location and provision of fences, trees and all ground cover or facilities for
landscaping the lands and protecting the adjoining lands and shows the lighting
including flood lighting,of the land or any building or structure thereon;
f) the location and provision for the collection and storage of garbage and other
waste material;
g) lot grading information, indicating overland flow to and from adjacent properties,
collection and disposal of surface water and storm water management(if deemed
necessary by the Municipality)
5. The Owner agrees that the building or buildings will be erected in accordance with the
plan(s)approved,subject only to such changes as have received advance approval.
6. The Owner agrees that the site development and servicing will be in accordance with the
plan(s)as approved,subject only to such changes as have received advance approval.
7. The Owner further agrees that:
a) final grades and elevations, and any culvert installations, will be established to
the satisfaction of'the Municipality. The Owner will provide proof of final grades
and elevations certified by a professional land surveyor or civil engineer,prior to
the final release of the Letter of Credit.
b) all necessary provisions for service connections on site will be made to the
satisfaction of the Municipality.
c) construction work will be carried forward expeditiously in good and
workmanlike manner, in accordance with good trade practice and so to cause a
minimum of nuisance.
d) all necessary precautions to avoid dust, noise and other nuisance and to provide
for the public safety will,so far as possible,be taken and which comply with The
Construction Safety Act.
e) all necessary care will be taken to see that mud and soil is not tracked or spilled
onto any public street, and where such tracking occurs,the street shall be cleaned
at the end of each working day_
f) garbage disposal facilities will be an enclosed type located as shown on the Site
Plan designed in a manner satisfactory to the Municipality.
g) unless otherwise provided, all parking lots and walkways will be finished with
hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality
and have permanent bumper curbing along all parking areas that abut the
property limits.
It) no topsoil shall be stockpiled on any other portion of the Owner's lands except
those lands identified in Schedule "A" to this agreement; and all topsoil shall be
stockpiled and maintained in a manner which allows for the maintenance of
weeds; and the Municipality may go in and do the same at the Owner's expense,
and collect the cost in like manner either as municipal taxes or from the Letter of
Credit deposited as performance security.
i) stock-piling of snow will not be allowed on the site where it will constitute a
hazard in the opinion of the Municipality.
j) the electrical servicing of the property shall be subject to the approval of Hydro
One.
k) upon failure by the Owner to do any act during the development period herein,
that the public safety or convenience requires, in accordance with this
Agreement, upon seven (7) days written notice, the Municipality, in addition to
any other remedy,may go in and do same at the Owner's expense, and collect the
cost in like manner either as municipal taxes or from the Letter of Credit
deposited as performance security.
1) the Municipality may treat any breach of this Agreement as a breach of the
Building By-Law, and upon twenty-four(24) hours written notice to the Owner,
stop work until the breach is rectified.
m) nothing in this Agreement constitutes waiver of the owner's duty to comply with
any by-law of the Municipality or any other law.
8. The Owner shall:
a) be responsible for consulting with Hydro One regarding any matters that relate to
services provided by Hydro One.
9. The Owner shall be responsible for consulting with and obtaining any necessary approval
from all regulatory bodies such as, but not limited to, the Long Point Region
Conservation Authority and the Ministry of the Environment.
10. The Owner shall satisfy all the requirements in relation to the fire protection for the
building(s)to the satisfaction of the Municipality's Fire Chief.
11. The Owner agrees to pay for damages to public property including but not limited to
municipal drain, ditches, street surfaces, storm and sanitary sewer systems, which may
occur during the period of construction. Any such repair may be undertaken by the
Municipality at the expense of the Owner,within thirty(30)days notice.
12. Any and all lighting shall be installed and maintained so as to not, in the opinion of the
Municipality, interfere with the use or enjoyment of adjacent properties, or with the safe
flow of traffic on abutting or adjacent streets.
13. The Owner shall landscape and maintain plants and ground cover acceptable to the
Municipality,on those lands so indicated on the Site Plan.
14. If the Ontario Building Code requires that an Architect or Professional Engineer or both,
shall be responsible for the field review of any new building or extension, provided for in
this Agreement,the Owner shall not occupy or use or permit to be occupied or used, any
said new building or extension, until after an Architect or Professional Engineer has
given to the Municipality, a letter addressed to the Municipality, and signed by the said
Architect or Professional Engineer,certifying that all construction and/or services on or
in the said lands, required for this development or redevelopment, newly installed by the
Owner in connection with this development or redevelopment,have been installed and/or
constructed in a manner satisfactory to the Architect or Professional Engineer.
15. The Municipality, through its servants, officers and agents, including it's Chief Building
Official, Fire Chief, and Municipal Engineer, may, from time to time, and at any time,
enter on the premises of the Owner to inspect:
a) the progress of development;
b) the state of maintenance as provided for in this Agreement.
16. In the event of any servant, officer or agent of the Municipality, determining, upon
inspection, that the development is not proceeding in the strict accord with the plans and
specifications filed, such servant, officer or agent shall forthwith, place a notice requiring
all work to be stopped upon the premises and forward a copy, by registered mail, to the
Owner at the last known address, on the last revised assessment roll, and the Owner shall
forthwith correct the deficiency or deviation.
17 In the event of any servant, officer or agent of the Municipality, upon inspection, be of
the opinion that the state of maintenance is not satisfactory, such servant, officer or agent
shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the
last known address, and the Owner shall forthwith correct the deficiency or appeal to the
Council of the Municipality of Bayham,as hereinafter provided.
18.In the event that the Owner should disagree with the opinion of the servant, officer or
agent of the Municipality, as to the state of maintenance, such Owner shall appear before
the Council of the Municipality of Bayham, which after hearing the Owner, shall express
its opinion as to whether the maintenance is satisfactory, by resolution, which shall
constitute a final determination of the matter.
19. In the event that the Owner shall fail to obey a stop work order issued under Section 17
hereof, the Owner recognizes the right of the Municipality to apply to the Courts for a
restraining order.
20. In the event that an Owner shall fail to correct a deviation or deficiency after notice
pursuant to Section 17 or after notice of an opinion, which the Council of the
Municipality of Bayham determines is correct, under Section 17, the.Council of the
Municipality of Bayham, may by by-law, direct, on default of the matter or thing being
done by the Owner, after two (2) week's notice,to it by registered mail, at the last known
address of the Owner, pursuant to the last revised assessment roll of passage of such By-
Law, that such matter or thing be done by the Municipality, at the expense of the Owner,
which expense may be recoverable by action as municipal taxes, or from the Letter of
Credit deposited as performance security.
21. Unless otherwise authorized, in the event of the Owner wishing to change at any time, the
buildings, structures or facilities described n Exhibit "A" and "B", it shall make
application to the Council of the Municipality of Bayham, for approval, and shall not
proceed with such change until approval is given by such Council, or in default by The
Ontario Municipal Board, under the procedure set out in Section 41 of The Planning Act,
1990,hereinbefore referred to.
22. The Owner agrees to pay to the Municipality all administration costs incurred in
connection with this Agreement, and the fulfillment of this Agreement, including legal,
engineering and inspection costs.
23. CAPITAL CHARGES
The following capital charges are to be paid at the time that this Agreement is signed.
24. SITE PLAN REVIEW FEE
The Owner shall pay to the Municipality, in cash or by certified cheque, an amount of
One Thousand($1,000)Dollars,per application,for Site Plan Review.
25. LIABILITY INSURANCE
Before commencing any of the work provided for herein, the Owner shall supply the
Municipality with a Liability Insurance policy in the amount of $3,000,000 per
occurrence, and in a form satisfactory to the Municipality, indemnifying the Municipality
from any loss arising from claims for damages injury or otherwise, in connection with the
work done by or on behalf of the owner of the development. The said policy shall be
provided at the time of the signing of the Agreement and remain in force, until the
development is complete and all required documentation as per Article 15 has been filed
with the Municipality.
26. PERFORMANCE GUARANTEE
The Owner hereby defines the completion date of this Agreement and project to be on or
before October 20, 2006. It will be the Owner's responsibility to require, in writing, an
extension to this agreement/project, within sixty (60) days of the above stated completion
date,should an extension be required.
As security for the performance and completion of all works required by this agreement,
the Owner shall supply the Municipality with a Letter of Credit, equal to $ Nil. The
Letter of Credit will be based on the estimated•cost of alterations to public property,
roadway, curbs and gutters and drains, and any repairs for damages to public property,
roadway, curbs and gutters and drains, plus all site specific components as defined by the
Site Plan, "Exhibit A" and "A-1"which are approved under this Agreement. The amount
of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of
Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to
the Municipality at any time or in part, from time to time, upon written notice from the
Municipality,shall be provided at the time of signing of this Agreement,and shall remain
in force, until Twelve(12)months following the completion of this project.
27. This Agreement and the provisions thereof, do not give to the Owner or any person
acquiring any interest in the said lands any rights against the Municipality with respect to
the failure of the Owner to perform or fully perform any of its obligations under this
Agreement or any negligence of the Owner in its performance of the said obligations.
28. In the event that no construction on the said lands has commenced within one (1) year
from the date of registration of this Agreement the Municipality may, at its option, on one
month's notice to the owner, declare this Agreement to be subject to re-negotiation,
whereupon the Owner agrees that it will not undertake any construction on the said lands
until this Agreement has been re-negotiated.
29. The Owner agrees that it will not call into question, directly or indirectly in any
proceeding whatsoever in law or in equity or before any administrative tribunal the right
of the Municipality to enter into this Agreement and to enforce each and every term,
covenant and condition herein contained and this Agreement may be pleaded as an
estoppels against the Owner in any case.
30. The Owner agrees on behalf of themselves, their heirs, executors, administrators and
assigns, to save harmless and indemnify the Municipality, from all losses, damages,
costs, charges and expenses which may be claimed or recovered against the Municipality
by any person or persons arising either directly or indirectly as a result of any action
taken by the Owner,pursuant to this Agreement.
31. All facilities and matters required by this Agreement shall be provided and maintained by
the Owner at its sole risk and expense to the satisfaction of the Municipality and in
accordance with the standards determined by the Municipality and in default thereof, and
without limiting other remedies available to the Municipality, the provisions of Section
326 of The Municipal Act,R.S.O. 1990,shall apply.
32. This Agreement shall be registered at the expense of the Owner, against the land to which
it applies, and the Municipality shall be entitled, subject to the provisions of The Registry
Act, to enforce its provisions against the Owner, named herein, and any and all
subsequent Owners of the land.
33. A Certification of Compliance attached hereto as Exhibit "B", shall be filed by the
Owner, following completion of the development to ensure all details of the Site Plan
Agreement have been complied with. /) O , C /
r6;ii AN-id Zr-e`+tc.5z4.LetI ! �/ .
34. In the event that John Wi444am-Szakalhas any liability imposed up/t pursuant to the
terms of this Agreement in connection with the development of the Erie Shores Wind a
d,
Farm as set out in the plan, then Erie Shores Wind Farm General Partner Inc. as trustee
for Erie Shores Wind Farm General Partner in Trust as general partner of the Erie Shores (//01.
Wind Farm Limited Partnership 8 itss�successors anted assigns covenants and agrees to save
4td �2Y1Q � .ua I
harmless and indemnify John Wim.Szakal its successors an assigns, from any and
all claims, expenses, and costs which it might in the future become obligated to pay as a
result of having entered into this Agreement.
IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, duly
attested to by their authorized signing officers in that behalf.
OWNER: /
(,. --'2‘t-144-4--4-5bY-4
.."-- -:;'Ict,..047qf
Jo :ill Szakal
foef,c1+1'Cke 1
Irene Szakal
ERIE SHORES WIND FARM
GENERAL PARTNER INC., AS
TRUSTEE FOR ERIE SHORES WIND
FARM GENERAL PARTNER TRUST
AS GENERAL PARTNER OF THE
ERIE SHORES WIND FARM
LIMITED PARTNERSHIP
Ail
2,2z.e./.......d,.3.----v-e... ....e.,' .11S-_-‘11M
11 tichael Kaslandc Per: A.Stephen �,Z
VICEPRES1DENT I have atbind`th-. orporation
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
/
ifi
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I� .41. .� 1 0
MAYO' 0 ynn Acre
CLERK Lynda Millard
EXHIBIT"B"
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
CERTIFICATE OF COMPLIANCE
PROPERTY IDENTIFICATION:
Municipal Address:
Owner:
This document serves to certify that the development project on the above noted lands has been
completed in accordance with the terms and conditions of The Site Plan Agreement By-law No.
DATED:
I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT.
Witness Signature:
Name of Owner:
Address:
Phone Number:
Pof Schedule rovince Do Process Software Ltd. (416)372-6111
Ontario Form 5—Land Registration Reform Act :3-a9e 9
Additional Property Identifier(s)and/or Other information
SCHEDULE "A"
Legal.Description:
In the Township of Bayham, in the County of Elgin,being composed of the North half of Lot Number 21 in the
First Concession of the Township of Bayham,containing one hundred acres more or less, SAVE AND EXCEPT a
small strip at the North West corner thereof,conveyed off to The Corporation of the Township'of Bayham.
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Document prepared using Form't'Ware tandForms
04/25/2007 09:47 FAX 4167771190 PROBYN & CO INC lj002
U4/25/2007 WED 9:58 FAX 519 866 3884 Municipality of Bayhan V02/002
31. All facilities and matters required by this Agreement shall be provided and maintained by
the Owner at its sole risk and expense to the satisfaction of the Municipality and in
accordance with the standards determined by the Municipality and in default thereof and
without limiting other remedies available to the Municipality, the provisions of Section
326 of The.Municipal Act,R.S.O. 1990,shall apply.
32. This Agreement shall be registered at the expense of the Owner, against the land to which
it applies, and the Municipality shall be entitled, subject to the provisions of The Registry
Act, to enforce its provisions against the Owner, named herein, and any and all
subsequent Owners of the land.
33. A Certification of Compliance attached hereto as Exhibit "B", shall be filed by the
Owner, following completion of the development to ensure all details of the Site Plan
Agreement have been complied with.
gi// e41 „xr.ene SZ tka I
34. In the event that John Wielieel Szakal has any liability imposed upon it pursuant to the
rk/S terms of this Agreement in connection with the development of the Erie Shores Wind
Cee eig,I6' Farm as set out in the plan, then Erie Shores Wind Farm General Partner Inc. as trustee
for Erie Shores Wind Farm General Partner in Trust as general partner of the Erie Shores
/ cz-e..P 1 4Z Wind Farm Limited Partnership, i �Cccessors and a signs, covenants fold agrees to save
22.-4.62./ harmless and indemnify John Szakaltits success and assigns, from any and
- - all claims, expenses, and costs which it might in the future become obligated to pay as a
result of having entered into this Agreement.
IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, duly
attested to by their authorized signing officers in that behalf.
OWNER:
John Bill Szakal
Irene Szakal
ERIE SHORES WIND FARM
GENERAL PARTNER INC., AS
TRUSTEE FOR ERIE SHORES WIND
FARM GENERAL PARTNER TRUST
AS GENERAL PARTNER OF THE
ERIE SHORES WIND FARM
LIMITED PARS •,. .
_.?azi.___. 41ili_eoe„..
Michael Kasiancio
VlCC PRESIDENT .44.011Coi
Per: A.Stephen Pro' n
I have a$$�a bind a e Corporation
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
MAYOR
CLERK