HomeMy WebLinkAboutBy-law No. 2008-027 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY—LAW NO. 2008 — 027
A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AGREEMENT
FOR THE EXTENSION OF THE WATER MAIN
AND INSTALLATION OF A STORM SEWER SYSTEM
ON UNION STREET IN THE VILLAGE OF VIENNA,
WITH BERNHARD AND SARA HARMS
WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a
lower tier municipality may pass by-laws respecting public utilities, including water distribution and .
storm water;
AND WHEREAS the Municipality of Bayham has by By-law No. 2004-015 as amended,
established rules and regulations for the operation and maintenance of a system of waterworks in the
Municipality including the connection thereto;
AND WHEREAS the said owners,Bernhard and Sara Harms,have made application for consent to
create two Village Residential building lots (County of Elgin Land Division Committee Application
E52107)of which a condition requires a storm sewer system along Union Street;
AND WHEREAS the lands are zoned Village Residential — Holding (Rl-h) requiring that the
owner execute a development agreement for the extension of the municipal water main along Union
Street from Fulton Street north to Ann Street to service the proposed lots;
AND WHEREAS the Council of the Municipality of Bayham deems it necessary to approve an
Agreement to permit such extension and street upgrades by by-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the
Agreement with Bernhard and Sara Harms affixed hereto and forming part of this By-law
and marked as Schedule "A", being an agreement to extend the Municipal water system and
install a storm sewer system within the Municipal street known as Union Street in the
Village of Vienna.
2. THAT the executed agreement shall be registered under the Land Titles Act for the Registry
Division of Elgin(No. 11).
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY
OF FEBRUARY 2008.
Ali Add• ILIIL!
MAYO 4 CLERK
THIS DEVELOPMENT AGREEMENT FOR WATER EXTENSION & STORM SEWER SYSTEM
made in duplicate thisAlsf day of F912.'Jr y 2008.
BETWEEN :
BERNHARD AND SARA HARMS of the Municipality of Bayham,
in the County of Elgin,
Hereinafter called the"Owners"
OF THE FIRST PART
and-
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Hereinafter called the"Municipality"
OF THE SECOND PART
WHEREAS the Owners represent that they are the registered owners of the lands and premises in Part
Lot 6 and Lot 7, Registered Plan 54, west side Union Street, Village of Vienna, in the Municipality of
Bayham, in the County of Elgin, being more particularly described in Attachment "A" attached hereto
(hereinafter called the"said Lands");
AND WHEREAS the Owners are desirous of subdividing a portion of the said Lands as more
particularly set out on a plot plan marked as Attachment "B" attached hereto showing the lots to be
created;
AND WHEREAS the proposed lots are required to connect to the municipal water system,the Owner is
required to extend the water main to service the said Lands as more particularly set out on a drawing
marked as Attachment"C" attached hereto;
AND WHEREAS the Municipality has determined that a storm sewer system along the road allowance
identified as Union Street, between Fulton Street and Ann Street, requires a storm sewer system as
more particularly set out on a drawing marked as Attachment"C" attached hereto;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of TWO
DOLLARS ($2.00) of lawful money of Canada now paid by the Municipality to the Owners,the receipt
and sufficiency whereof is hereby acknowledged, the Owners covenant and agree with the Municipality
to do and perform at their own expense the following matters and things:
Municipal Engineer
I. Wherever the phrase"Municipal Engineer" is used throughout this Agreement, it shall mean the
Municipality's Chief Building Official, the Municipality's Water/Wastewater Superintendent,
or the Municipality's Public Works Superintendent or such other person as the Council of the
Municipality may from time to time appoint to deal with the administration of this Agreement.
List of Attachments
2. The following Attachments are hereby declared to form part of the Agreement between the
parties:
Attachment Description
"A" Legal description of the said Lands.
"B" Drawing showing the proposed lotting pattern.
"C" Plan showing the water main services and storm sewer system to be provided on
the said Lands.
"D" Grading Plan
Zoning
3. The Zoning designation being Village Residential-Holding(R1-h)Zone on the said lands
permits the development as residential lots once full municipal servicing and storm sewer
system has been confirmed through a Development Agreement and the Holding provision
removed.
Access
4. Access to the lots to be created shall be at the location approved by the Municipal Engineer.
The maximum driveway width for any property shall be 20 feet.
As-Constructed Drawings
5. The Owners shall provide for the Municipality records"as-constructed" drawings to the
satisfaction of the Municipality for municipal services installed by the Owners. These drawings
shall be submitted in a satisfactory form prior to the release of any performance bond or security
required by this Agreement.
Plans and Specifications
6. Plans and specifications for all works and services herein required to be done by the Owners
shall be first submitted to the Municipal Engineer in a form satisfactory to him and such work
shall not be commenced until the Municipal Engineer has received such plans and specifications
and has expressly authorized, in writing, such work to commence. All works and services shall
be constructed and installed strictly in accordance with the said plans and specifications, all to
the satisfaction of the Municipal Engineer. The Owners agree to construct all services and
provide other requirements,which will be known only after the details of the engineering
design, are submitted to the Municipality. The Municipal Engineer may require, in writing,
such variance from such plans and specifications as may be required by conditions which may
be disclosed as the work progresses, and by sound engineering practice. The works and services
required to be done by the Owners,including but not limited to engineering and restoration
works, shall be wholly at the expense of the Owners except as may be otherwise herein
expressly provided.
Water Main Extension and Storm Sewer System
7.
a. Water Main Extension and Storm Sewer System shall be constructed of such size,type,
position and extent as are shown on the plans and specifications provided in Attachment"C",
which have been approved by the Municipal Engineer. Any material changes to be made to
these plans and specifications shall require approval by the Municipal Engineer in writing,
such approval not to be unreasonably withheld.
b. The Owners agree to notify their consulting engineer in the event that any existing sewer or
drain is encountered during the progress of construction. The Owners further agree to have
its consulting engineer investigate the matter and comply with the recommendations of its
consulting engineer as approved by the Municipal Engineer's Department with respect to the
sewer or drain encountered. The Owners shall also ensure that there is no interruption to any
subsurface drainage flow because of construction on the site that would have an adverse
affect on neighbouring properties. Should such an interruption occur,the Owners shall carry
out any necessary remedial work to correct the problem as recommended by its consulting
engineer and to the satisfaction of the Municipal Engineer, at no cost to the Municipality.
c. Connection charges are payable before any dwelling unit is connected to the public water
system. Such charges are payable prior to issuance of a building permit,in accordance with
the fees and charges in force and effect at the time of application for such building permit.
-3-
Water Main Ownership
8. The Owner acknowledges and agrees that the Municipality will not accept ownership nor allow
connections of any type until the works are completed to its full satisfaction, and such
determination is at the sole discretion of the Municipality.
Grading and Drainage Plans
9. The Owners shall prepare and deposit with the Municipality a grading and drainage plan
approved by the Municipal Engineer showing the final grades of all roadways. Any lands
designated for drainage works and all drainage facilities shall be indicated on such plan to the
satisfaction of the Municipal Engineer. The Owners shall agree to carry out or cause to be
carried out the recommendations of the grading and drainage plans,which shall form part of this
Agreement as included in Attachment"D".
Roads
10.
a. The Owners, or their consulting engineer, shall ensure that any proposed excavation,
construction, entrance or exit installation,demolition, etc. will not interfere with or be in
conflict with location and/or depth of any existing underground facilities, including sewers,
pipelines,mains on street allowances or private rights-of-way, services,meter and regulator
installations,valve boxes, cathodic protection test points, etc. In instances of apparent
conflict, the Owners, or their consultant, shall obtain field locates from the appropriate
commission, utility or agency.
b. All streets and walkways, if any, shall be graded,including fill or excavation as required by
the Municipal Engineer to their full width of the allowance before any building permit will
be issued and the approved road allowance grades from street line to street line shall be
maintained at all times to the grades and levels and to the specifications and requirements
and to the satisfaction of the Municipal Engineer until the date of passing of the by-law
assuming the said streets and walkways.
Inspection and Completion of Works
11. Upon the completion of required off-site works, the Owners shall cause a Certificate of
Completion to be delivered to the Municipality in the following form:
Certificate of Completion of Works
To: The Corporation of the Municipality of Bayham
For good and valuable consideration now paid by the Corporation of the Municipality of
Bayham (hereinafter called the "Municipality"), the receipt and sufficiency of which I/we
hereby acknowledge, I/we hereby certift that the municipal water services and storm sewer
works constructed pursuant to the Agreement between the Municipality and Bernhard and Sara
Harms Registered as Instrument No. and pertaining to the property known
municipally as — have been:
inspected during construction in accordance with standard engineering practice; and
constructed in accordance with plans and specifications approved by the Municipal
Engineer.
Dated and sealed at , Ontario, this day of , 200
Registered Professional Engineer(Ontario)
Building Permits
12. No applications shall be made for building permits and no building permit will be issued until
the following materials have been received by the Municipality's Engineer:
Harms Development Agreement -4-
a. A survey prepared by a qualified Ontario Land Surveyor showing all necessary setbacks in
compliance with Zoning By-laws;
b. a grading and drainage plan approved by the Municipal Engineer showing the final grades
of all lands and roadways.
c. all permits and authorizations have been obtained by the Owner at its expense;
d. the Security has been lodged with the Municipality;
e. other conditions to be considered by the Council and listed here.
Security
13. Before applying for any building permit,or commencing any works on Municipal lands
including road allowances, the Owners shall provide the Municipality with performance security
as follows to be held by the Municipality until all of the obligations of the Owners have been
discharged:
a) In relation to water main extension and road reconstruction/restoration,in the amount of
Thirty-six Thousand Dollars ($36,000)
b) In relation to storm sewer system and road reconstruction/restoration, in the amount of
Twenty-One Thousand Seven Hundred Dollars ($21,700)
The security may be in the form of cash,performance bond or an irrevocable letter of credit
from a chartered bank.
Default
14. In the event of Owners' default(as determined by the Municipal Engineer), it is specifically
anticipated by the parties that the Municipality will, at its sole discretion, contract for
completion of all required works, services and other obligations,such that all expenses
including administration shall be conducted without cost to the Municipality. In the event that
the funds available by means of the security are insufficient to permit the completion of all
remaining works and services,these shall be completed according to priorities identified by the
Municipality. In the event that the Municipality determines that all works and services cannot
be completed with available funds, the Municipality may,in the alternative, defer completion at
its discretion,pending more favourable proposals, tenders or completion arrangements. The
Municipality has no obligation to complete works for which funds are not available and the
Owners on their behalf and on behalf of their heirs, successors and assigns, releases the
Municipality from any liability in connection with arrangements for completion.
Workplace Safety and Insurance Board Coverage
15. The Owners agree that they shall at their own expense procure and carry or cause to be procured
and carried and paid for, full Workplace Safety and Insurance Board coverage for all workers,
employees, servants and others engaged in or upon any work undertaken pursuant to this
Agreement for which such coverage is required by law.
Insurance
16.
(a) The Owners agree to maintain insurance or require their contractors to maintain insurance in
sufficient amount and description as will protect the Owners and the Municipality from
claims for damages, personal injury including death, and for claims from property damage
which may arise from the Owners' operations pursuant to this Agreement, including any act
or omission of the Owners' agents or employees while engaged in any activity pursuant to
this Agreement and such coverage shall include all costs, charges and expenses reasonably
incurred for any injury or damage.
(b) In addition to the foregoing,the Owners covenant and agree that:
(i) The limits of liability for Personal Injury, Bodily Injury and Property Damage
combined shall be for not less than Two Million ($2,000,000.00) Dollars for each
occurrence.
(ii) All policies shall provide that they cannot be cancelled, allowed to lapse or be
materially changed (to the detriment of the Municipality) without at least thirty (30)
Harms Development Agreement _5_
day's notice to the Municipality by registered mail.
(iii) The Municipality shall be named as an added insured and the policy shall include a
provision for cross liability. (a copy of the policy to be provided to the municipality)
Construction Liens
17.
(a) The Owners shall comply with all of the provisions of the Construction Lien Act, R.S.O.
1990, c. C.30, as amended from time to time and without limiting the generality of the
foregoing, shall hold in its possession all the statutory holdbacks and any additional
funds required to be held by the said Act. These holdbacks and funds shall not be
disbursed except in accordance with the Act.
(b) The Owners shall, at their own expense, within ten (10) 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 pursuant to the Construction Lien Act, R.S.O. 1990, c. C.30, which affect any
lands of the Municipality, including public highways and road allowances, and which
arise out of the performance of this Agreement by the Owners and their servants,
employees, agents, contractors and subcontractors.
(c) The Owners 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 any failure,neglect
or refusal by the Owners to comply with the Construction Lien Act, R.S.O. 1990, c.
C.30, and arising out of the performance of this Agreement by the Owners and their
servants, employees, agents, contractors and subcontractors.
(d) The Public Works Superintendent for the Municipality may at any time, authorize the
use of all or part of the securities required pursuant to this Agreement, including cash
deposit or letters of credit:
(i) 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 pursuant to
the Construction Lien Act, R.S.O. 1990, c. C.30, which affect any lands, including
public highways and road allowances of the Municipality in the event the Owners
default on the performance of this section; and
(ii) to pay to the Municipality any amounts owing to it pursuant to this section.
Indemnification
18. The Owners shall indemnify and save harmless the Municipality against all losses,damages,
claims, actions, demands, suits, costs and interest incurred which arise directly or indirectly
from anything done in connection with this Agreement,whether in performance of, outside of or
contrary to this Agreement.
Other
19. Entry into this Agreement with the Owner shall in no way fetter legislative or administrative
discretion of the Municipality or of any of its officers or staff with regard to the approval or
administration of any matters in connection with any development on the said Lands.
20. The Owner understands and agrees that there shall be no work performed except in conformity
with all applicable by-laws and Provincial and Federal legislation and regulations, and this
Agreement does not exempt the Owner from any applicable statute,regulation,or code of any
legislative, administrative, or governmental authority, and the owner shall obtain and pay for all
permits.
Notice to Subsequent Owners
21. The owner agrees that any payments made or works installed pursuant to this agreement shall
not be deemed to be development charges of any sort whether under the provisions of the
Harms Development Agreement -6-
Development Charges Act or a by-law thereunder, or pursuant to any front-ending provisions of
that Act. It is further agreed that the Owner shall not make any claims whatsoever against the
Municipality or any other land owner of any lands for a contribution or reimbursement in any
way for any monies expended by the Owner to effect the works.
Registration
22. This Agreement shall be registered on title to the Lands, by the Owner, at his expense. The
Owner shall cause a duplicate registered copy and a Solicitor's Certificate to be delivered to the
Municipality in the following form:
Certificate of Solicitor
TO: The Corporation of the Municipality
FROM: "Company Name"
RE: street address
type of agreement(site plan, condominium, subdivision)Agreement between
owners and The Corporation of the Municipality
For the sum of TWO DOLLARS($2.00)and other good and valuable consideration, I
hereby certify that Bernhard and Sara Harms are the registered owners of the lands
described in the type of agreement between Ben and Sara Harms and The Corporation
of the Municipality ofBayham which was registered on "date" as Instrument Number
with the Land Registry/Land Titles Number at
I further certify that the lands described in the said agreement are the lands intended to
be subject to the agreement and that the agreement binds the owner and its successors
in title.
I further certify that at the time of registration, the owner's title was subject to a
mortgage in favour of(list any mortgages, liens and assignments -if none, leave
paragraph out).
Dated at County of , this day of
2008.
"Company"
By its solicitor
Name:-Firm:
Binding
23. The covenants, agreements, conditions and undertakings herein contained on the part of the
Owners shall run with the Land and shall be binding upon the Owners and upon the Owners'
heirs, executors, administrators, successors and assigns, as owners and occupiers of the Land
from time to time and shall be appurtenant to the adjoining highways in the ownership of the
Municipality and this Agreement shall enure to the benefit of and be binding upon the
appropriate authority and its successors and assigns.
Assignment
24. Neither party is permitted to assign rights and obligations under the Agreement without the
permission from the other,which shall not be unreasonably withheld.
Harms Development Agreement _7_
Expiry
25. In the event that no construction of the agreed upon works has commenced within five
(5)years 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.
Separate Covenants
25. All of the provisions of this Agreement are intended to be construed as covenants and
agreements as though the words importing such covenants and agreements were used in each
separate clause hereof. Should any provision of this Agreement be adjudged unlawful or not
enforceable, it shall be considered separate and severable from the Agreement and its remaining
provisions as though the unlawful or unenforceable provision had not been included.
Municipality's Expense
26. The Owners shall reimburse the Municipality for expenses incurred in the preparation of the
Development Agreement,on or before March 21,2008.
IN WITNESS WHEREOF the Parties have hereunto affixed their signatures and corporate seal
attested to by the hands of their proper officers, duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) 4 ,4/
) Bernhard Harms, Owner
in ,esem. a of )
)
OM' 43-zek1 ':.-�.l Sara Harms, Owner
itn :s ) r
) Date
)
)
) THE CORPORATION OF THE
) MUNICIPALITY OF BAYHAM
) Per: (1_' }
Lynn AJ-e,Mayor
Per: ez-
) Lynda Millard, Clerk
Date
Harms Development Agreement _8_
Attachment"A"
DESCRIPTION OF LANDS
Lands in the Village of Vienna, Municipality of Bayham, County of Elgin more particularly described
as:
Part Lot 6, Plan 54, more specifically PARTS 4 and 5 of Registered Plan 11R-8847 and Lot 7, west
side Union Street, Registered Plan 54, in the Municipality of Bayham, formerly Village of Vienna,
County of Elgin
i‘ !f
nA
aChnien'r Y3
.
I REQUIRE RES PLAN TO 111 PIAN 11R—48 -1
1-- WOWED U CER 11 LAND
LEY 1111131 ACT MUMS N10 0003Tm
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we NOVEMBER 1 2007 DATE td%we:
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MAY-27-2008 15:45 FROM:DOYLE & PRENDERGAST 5197651728 T0:519 866 3884 P.2/3
0. • —
LRO# 11 Notice Under S.71 Of The Land Titles Act Receipted as CT25870 on 2008 03 07 at 14:1$
The applicant(s)hereby applies to the Land Registrar yyyy mm dd Page 1 of 2
'Properties
PIN 35332- 0622 LT J Affects Part of Prop
Description PART OF LOT 6 W/S UNION ST.N/S FULTON ST.PLAN 54 DESIGNATED AS PARTS
4&5, 11 R-8847;BAYHAM
Address BAYHAM
Consideration , , 1
Consideration $2.00
Applicants)
The notice 1s based on or affects a valid and existing estate, right,interest or equity in land
Name HARMS,BERNHARD NEUFELD
Address for Service 54591 Eden Line, R.R.#4,Aylemr,Ontario N5H 2R3
This document is not authorized under Power of Attorney by this Pally,
Name HARMS,SARA NEUFELD
Address for Service 54591 Eden Line, R.R.#4,Aylmer, Ontario N5H 2R3
This document is not authorized under Power of Attorney by this party.
Parry TO(s) Capacity Share
Nene THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Address for Service P.O.Box 160,Straffordville,Ontario NOJ 1YO
I,Lynn Acre,Mayor and I, 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 may be deleted by the Land Registrar after 2013/03/07
Schedule: I,Michael Doyle,am the solicitor for Bernhard Neufeld Harms&Sara Neufeld Harms. I confirm that the applicants are the
registered owners of the lands described as PART OF LOT 6,W/S UNION ST. N/S FULTON ST.PLAN 54 DESIGNATED AS PARTS 4
&5, 11R8847; BAYHAM,and that the Notice being registered relates to an interest in land and I hereby apply under Section 71 of the
Land Titles Act for the entry of a Notice in the register for the said parcel. The address of service for the applicants Is:54591 Eden Line,
R.R.#4,Aylmer,Ontario N5H 2R3
Signed By
James William Michael Doyle 10 Sydenham Street East acting for Signed 2008 03 07
Aylmer Applicant(s)
N5H 1L2
Tel 519-773-3105
Fax 5197851728
Submitted By
DOYLE&PRENDERGAST 10 Sydenham Street East 200$03 Q7
Aylmer
N5H 1L2
Tel 519-773-3105
Fax 5197651728
Fees/Taxes/Payment .
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Statutory Registration Fee $60.00
Total Paid $60.00
MAY-2?-2008 15:45 FROM:DOYLE 8, PRENDERGAST 5197651728 TO:519 866 3884 P.3/3
LRO# 11 Notice Under 5.71 Of The Land Titles Act Receipted as CT25870 on 2008 03 07 at 14:18
The applicant(s)hereby applies to the Land Registrar yyyy mm dd Page 2 of 2
File Number
Applicant Client File Number: R 23431/07
Party To Client File Number: R 23431107