HomeMy WebLinkAboutBy-law No. 2010-090 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2010 -090
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A
SUBDIVISION AGREEMENT BETWEEN
ABRAHAM AND EMMA PETERS AND THE CORPORATION
OF THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR THE DEVELOPMENT
OF A PLAN OF SUBDIVISION,KNOWN AS THE COUNTRY VIEW ESTATES,
HAMLET OF NORTH HALL, 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 Abraham and Emma Peters, is hereby approved and the Mayor and Clerk are
hereby authorized and directed to execute the same.
2. THAT the agreement is to be registered at the Land Registry Office.
READ A First and Second time this?tk day ofA4$61,2010.
READ A Third time and finally passed this 7 ' day of 4L, 2010.
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Schedule"A"to By-Law No. 2010-y✓ a
THIS SUBDIVISION AGREEMENT made in triplicate this 71k day of 2010.
BETWEEN:
ABRAHAM AND EMMA PETERS
Hereinafter called the"OWNER OR SUBDIVIDER"
OF THE FIRST PART
AND:
THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM
Hereinafter called the "CORPORATION"
OF THE SECOND PART
WHEREAS, the Owner or Subdivider proposes to subdivide and register a Plan of Subdivision
on property described as Part of Lot 7 Concession 8 and Part 1 on RP 11R7900, Municipality of
Bayham, County of Elgin; the said proposed Plan of Subdivision, being appended as Schedule
"A"to this Agreement;
AND WHEREAS, this Agreement has been made as a condition of approval by the Ministry of
Municipal Affairs and Housing of the Owner's or Subdivider's proposed Plan of Subdivision,
MMAH File# 34-T-03001, named Country View Estates;
AND WHEREAS, the Owner or Subdivider, has agreed with the Corporation to comply with
their requirements with respect to the providing of services for the lands proposed to be
subdivided and other matters hereinafter set forth;
NOW THEREFORE, The Parties herein, in consideration of other good and valuable
consideration and the sum of Two ($2.00) Dollars, of lawful money of Canada, by each to the
other paid (the receipt whereof is hereby by each acknowledged), covenant and agree with the
other as follows:
1. DEFINITIONS:
(a) "Owner or Subdivider" shall include the applicant for the approval of a Plan of
Subdivision, and the registered owner or owners in fee simple of the land for
which the subdivision is proposed and/or their respective heirs, executors,
administrators and assigns, and in addition to its accepted meaning, shall mean
and include an individual, an association, a partnership, or an incorporated
company, and wherever the singular is used herein, it shall be construed as
including the plural.
(b) "Council" shall mean the Municipal Council of the Corporation.
(c) "Engineer" shall mean the Engineer of the Corporation and/or any such
Engineer(s) as may be duly authorized and appointed by the Corporation.
2. SCOPE OF AGREEMENT
The Owner or Subdivider agrees to complete at his own expense and in a good and
workmanlike manner, for the Corporation, all the municipal services as hereinafter set
forth to the satisfaction of the Corporation and to complete, perform, or make payment for
such other matter as may be provided for herein.
Country View Estates Subd. Agmt. -2
3. CONSULTING ENGINEERS
(a) The Owner or Subdivider agrees to retain a Professional Engineer as the
Consulting Engineer of the Owner or Subdivider, to carry out all the necessary
engineering and supervise the work required to be done for the development of the
subdivision. Such Consulting Engineer or a successor thereto, shall continue to be
retained until the work provided for in this agreement is completed and formally
accepted by the Corporation.
(b) The Owner or Subdivider agrees that in the preparation of contract plans and
specifications, the following procedure will be followed by the Consulting
Engineer:
(i) Design all the works covered by this Agreement.
(ii) Prepare plans, profiles and specifications for the said works and to submit
detailed plans, profiles and specifications to the Corporation for approval
prior to the installation of such works.
(iii) Obtain, in conjunction with the Corporation, all the necessary approvals
required prior to the construction of such works.
(iv) Obtain the approval of the Corporation, for the Contractor(s) for the said
works.
(v) Provide full time inspections during the construction of underground
services and part time inspections as necessary for the surface work.
(vi) Maintain all records of construction of the said works.
(vii) Supply to the Corporation mylar reproductions of all the works as
constructed by the Contractor. The drawings shall be to the scale or scales
established by the Corporation's Engineer.
(viii) On completion of construction of the said works, to supply the Corporation
with a certificate that the execution of the said works was in accordance
with the approved plans and specifications. This certificate will not be
valid until signed by the Corporation, and the Corporation's Engineer.
(ix) Supervise the construction of any remedial work required by the
Corporation.
(c) The Owner or Subdivider agrees with the Corporation that no public services will
be installed prior to receiving, in writing, approval of the detailed plans and
specifications by the Corporation.
4. LIENS
The Owner or Subdivider shall cause to be discharged any lien registered and/or filed
with the Corporation, pursuant to the Construction Lien Act, R.S.O. 1990, (Ontario) as
amended, in respect to any of the works undertaken by the Owner or Subdivider. The
Owner or Subdivider shall pay any legal costs, fees and disbursements howsoever
incurred by the Corporation, in connection with any such lien, whether or not there are
reasonable grounds for registration of the lien by the lien claimant. In the event the
Owner or Subdivider fails to discharge any such lien or fails to pay any such cost, fees
and disbursements, incurred by the Corporation in connection with such lien, the
Corporation may make arrangements to discharge the lien by taking such actions as it see
fits, acting in its sole discretion. If the Owner or Subdivider fails to reimburse the
Corporation in connection with any costs incurred, pursuant to this paragraph, the
Corporation shall have the right to realize on the Performance Guarantee provided by the
Owner or Subdivider under paragraph 17 of this Agreement.
Country View Estates Subd. Agmt. -3-
5. EASEMENTS
Upon completion and acceptance of the Plan of Subdivision, the Owner or Subdivider
shall:
(i) dedicate the road allowance shown as Part 1, Reference Plan 11R-7900 on the
draft Plan, as a Public Highway connecting to an open public road known as Eden
Line (County Road 44);
(ii) provide the Corporation with such rights and easements as it may require for
storm sewers, storm drainage and other utility purposes;
(iii) provide Hydro One, EastLink Inc. or Bell Canada, Union Gas and/or Natural
Resource Gas with such easements as each of them may require for hydro,
telephone, and television cable and natural gas utility purposes.
Any such transfer, pursuant to (i) above, shall be in fee simple and for nominal
consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Corporation's
Solicitor, and title to such lands shall be good and free from all liens and encumbrances.
The rights and easements granted pursuant to (ii) and (iii) above, shall be for nominal
consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Grantee's Solicitor,
and the title to lands over which the rights and easements are granted, shall be good and
free from liens and encumbrances and if required by the Grantee's Solicitor, the consent
of the Committee of Adjustment, to such rights and easements shall be obtained by the
Owner or Subdivider.
The Owner or Subdivider, agrees that forthwith, after registration of any transfers of title,
pursuant to (i) above, and any grant of rights and easements, pursuant to (ii) and (iii)
above, it shall provide to the Transferee's Solicitor or Grantee's Solicitor, a Certificate of
Opinion of Title of the lands in respect of which such transfer and rights and easements
are granted, in a form satisfactory to the Transferee's or Grantee's Solicitor, such
Certificate or Opinion to be given by a Solicitor authorized to practice Law in the
Province of Ontario.
The Owner or Subdivider agrees to provide the Corporation with a mylar copy of the
reference or survey plan designating the lands in respect of which such transfers of title
and grants or rights and easements are given.
The lands to be transferred and the lands over which rights and easements are to be given,
pursuant to Section 5 and (i) (ii) and iii) above, shall, on the registration of the Plan, be in
a clean and tidy condition, graded as required, and if necessary, stabilized against erosion.
After such lands or such rights and easements are so transferred, the Owner or Subdivider
shall not use or permit the use of such lands for the storing of topsoil or any excavated
material or equipment except with the written consent of the Corporation, and in the event
of default, the Corporation, after giving the Owner or Subdivider such notice as it
considers reasonable, may remove such soil, material or equipment and the cost thereof
shall be paid by the Owner or Subdivider to the Corporation.
6. PRIVATE SEPTIC SYSTEM PERMITS
Prior to issuance of a building permit on a lot within the plan of subdivision,the Lot
Owner shall provide to the Municipality,to the satisfaction of the Municipality,the
following:
1. a sewage disposal report,prepared by a qualified engineer, indicating that specific
recommendations regarding the specific sewage disposal system for the lot,
2. confirmation that the system to be installed will be capable of reducing the nitrate
levels to 24mgll,
3. a 2-year service contract with a qualified contractor to ensure the long term
operation and maintenance of the system.
Country View Estates Subd. Agmt. -4
7. STORM SEWERS
(a) The Owner or Subdivider agrees to construct a complete storm sewer system or
systems, including storm connections to the street line where required, in the
opinion of the Corporation, and catchbasins and leads to service all the lands in
the said Plan of Subdivision, and adjacent road allowances, according to designs
approved by the Corporation, and according to the specifications of the
Corporation, in effect at the date hereof, and the Owner or Subdivider shall
maintain them, including clearing any blockages until they are formally accepted
by the Corporation. Such sewers shall be constructed to an outlet or outlets
according to designs approved by the Corporation and shall be of sufficient size,
depth and at locations within the limits of the subdivision or on adjacent road
allowances, to service the subdivision, and any lands adjacent to the subdivision,
which, in the opinion of the Corporation will require their use as trunk outlets.
(b) The Owner or Subdivider agrees, at its expense, to construct and the Corporation
to maintain a stormwater management system regulated through the Drainage Act
which is approved by all regulating agencies and which provides an adequate
stormwater management system for all lands within the Plan.
8. ROADS—PAVED
The Owner or Subdivider agrees to construct all the roads as shown, on the said Plan of
Subdivision, according to the proposed servicing schedule and specifications for paved
roads of the Corporation in effect at the date hereof and to maintain them until the
Corporation formally accepts them. The specifications for boulevard grading shall apply
to existing streets adjacent to the said Plan of Subdivision.
9. ROAD GRADES,ETC.
(a) Before actual construction begins proof must be tixrnished by the Owner or
Subdivider or his/her agents that the road grades have been approved by a certified
Ontario Land Surveyor or Engineer in order that the road bed, storm sewers and
appurtenances will be laid to the proper grade.
(b) When, in the written opinion of the Corporation, it is necessary to change the said
road grades the Owner or Subdivider agrees to grade the road to sub-grade in the
manner and at the time stipulated by the Corporation in accordance with the
specifications of the Corporation, and to restore the streets to their original
condition prior to the change in the grade.
(c) GRADE
The Owner or Subdivider agrees to grade, to the Corporation's specifications, to
the full width, all road allowances as shown on the said Plan of Subdivision, prior
to the installation or construction of the relevant municipal services provided for
herein. The Owner or Subdivider further agrees to keep the boulevards clear and
free of all materials and obstructions that might interfere with the installation of
electric, telephone, gas or other utilities. The Owner or Subdivider will be
responsible for any change in grade of any street up to 150 feet from the proposed
Plan of Subdivision where the change is reasonably necessary to service a street
within the subdivision.
10. CURBS AND GUTTERS
The Owner or Subdivider agrees to construct rollover curbs and gutters on all the streets
as shown on the said Plan of Subdivision and on all existing streets adjacent to the said
Plan of Subdivision, subject to Section 9 (a) of this agreement, according to the
specifications of the Corporation in effect at the date hereof, and to maintain them until
they are formally accepted by the Corporation. If any curb depressions are not located
correctly with respect to a driveway, the Owner or Subdivider shall construct a curb
Country View Estates Subd. Agmt. -5-
depression in the correct location and replace the original according to the said
specifications.
11. SIDEWALKS
Not required.
12. PRIVATE WELLS
The Owner or Subdivider shall advise all perspective purchasers in all offers of purchase
and sale that individual wells are to be constructed and developed to ensure that ground
water supplies are protected from contamination by septic systems, surface pollutants and
meet the turbidity levels complying with the Ministry of the Environment's drinking
water objectives.
13. LOT GRADING, SODDING, LANDSCAPING
(a) The Owner or Subdivider agrees to grade, provide top soil and sod the portion of
the street allowances lying between the front property line of lots and the curb
save and except any portion of the street allowance within the driveway.
The Lot Owner shall sod or seed the front yard of each of the lot except for paved
or planted areas, upon the completion of the construction of dwelling thereon.
The Manager of Public Works must approve any exception to this requirement in
writing. Said sodding must be in conformity with the grading control plan as set
out on Schedule `D' attached hereto.
(b) Before house construction proceeds beyond the basement level, the Consulting
Engineer or an Ontario Land Surveyor shall provide the Corporation with a
certificate confirming the foundations are:
(i) in conformity with the footing and top of foundation wall elevations,
shown on the approved Grading Plan;
(ii) sited entirely on the correct lot and conforms to the applicable Zoning By-
Law. Site surveys are to be attached to the certificate. (Field notes in lieu
of a siting survey will be accepted at this time to allow construction to
proceed.)
Certification of foundation elevations by the Consulting Engineer or Ontario Land
Surveyor shall be taken to mean conformity with the approved Grading Plan with
a tolerance of 150 mm., and will include verification of top of foundation wall,
any steps in the foundation(if applicable) and the garage sill.
Non-conformance to either siting or foundation elevations shall be brought to the
Corporation's attention for further direction, prior to proceeding with any further
construction.
The Consulting Engineer or Ontario Land Surveyor shall then provide the
Corporation with preliminary lot certificates advising that the lot grading
conforms to the approved Grading Plan and is approved for sodding or seeding.
Prior to the release of any lot grading conditions of this Subdivision Agreement,
the Consulting Engineer or Ontario Land Surveyor, shall provide final
certification to the Corporation in the form of as-built elevations on the Grading
Plan in accordance with the approved Plan of Subdivision.
(c) Upon the elevations and grades being established in accordance with this
Agreement, the Owner or Subdivider, shall thereafter, maintain the same for so
long as the Owner or Subdivider is the registered owner of the lot.
Country View Estates Subd. Agmt. -6-
The Parties agree that the Lot Grading Plan, attached hereto, and marked as
Schedule "D" is a photographically reduced and un-initialled copy of the Lot
Grading Plan, initialled by the parties on the execution of this Agreement and that
such initialled Plan forms part of this Agreement.
The Parties further agree that in the event that any part or parts of Schedule "D",
are illegible or conflict with the initialled Plan from which it was made, the
initialled Plan shall prevail.
(d) If, in the opinion of the Corporation, the Owner or Subdivider has at any time
during which the Owner or Subdivider is the registeredowner of any lot within the
Plan of Subdivision failed to establish or maintain any such grade or elevation as
required by Paragraph 13 (c), the Corporation, may, after giving such notice to
the Owner or Subdivider, as the case may be, enter and re-enter from time to time
upon such lot with equipment, machinery, sod and fill, and do such works and
remove anything from the lot as in the Corporation's opinion, may be necessary to
remedy such default, and the costs thereof, shall be paid by the Owner or
Subdivider,to the Corporation.
(e) Where the Owner or Subdivider has sold a lot within the Plan of Subdivision, and
in the opinion of the Corporation, the Owner or Subdivider, or the subsequent
owner has, at any time, failed to establish or maintain any grade or elevation
required to be established or maintained by paragraph 13 (c),the Corporation may,
after giving such notice to the subsequent Owner or Subdivider, as the case may
be, enter and re-enter from time to time upon such lot with equipment, machinery,
sod and fill and do such works and remove anything from the lot as in the
Corporation's opinion may be necessary to remedy such default and the costs
thereof, shall be paid by the subsequent Owner or Subdivider, to the Corporation,
and if no lots are sold, it shall constitute a lien on the lot and interest shall be
payable on the amount thereof at the rate of Fifteen percent (15%) per annum,
commencing Fifteen(15) days after the mailing of the statement to the subsequent
Owner or Subdivider, at his/her last known address.
14. STORM WATER MANAGEMENT
A fmal Stormwater Management report is to be submitted to the Municipality. The
affected lands shall be incorporated in to and regulated by the Bartley Municipal Drain
system under the Drainage Act. Physical components of the Bartley Municipal Drain
shall remain unaltered including,but not limited to, remain clear of fencing, structures
and plantings.
15. ADMINISTRATION AND INSPECTION COSTS
(a) The Owner or Subdivider agrees to pay to the Corporation all administrative costs
incurred in connection with this Agreement,including legal and engineering costs.
(b) All of the underground works installed shall be constructed and installed under the
supervision of inspectors approved by the Corporation. The Owner or Subdivider
hereby agrees to pay all accounts of the Corporation in connection with the
services of the said Inspectors. No work specified in the Agreement or in the
specifications shall be carried out unless there is an inspector to ensure that all
work is being completed in accordance with specifications approved by the
Corporation.
16. FINANCIAL PAYMENTS—CAPITAL CHARGES
Except as expressly provided in this Agreement, the charges payable pursuant to this
Paragraph 16 shall be payable by the Owner or Subdivider as specified.
(a) PARKLAND DEDICATION FEE
Country View Estates Subd. Agmt. 7-
The Owner or Subdivider shall provide parkland dedication in the form of cash-in-
lieu $500.00 per lot. This value is to be $2500.00 for 5 lots and shall be collected
prior to the registration of the plan of subdivision.
(b) STREET LIGHTING
No street lighting required.
(c) ELECTRICAL DISTRIBUTION SYSTEM
The Owner or Subdivider hereby agrees to construct a complete electrical system
at his/her expense including all switches,junction boxes,transformers,wire,hydro
service connections, and appurtenances, to the street line to service all lands in the
said Plan of Subdivision, according to designs approved by Hydro One and
according to its specifications which are in effect at the time of the installation of
the system and not necessarily those in effect at the time of this Agreement, and to
maintain them until they are formally accepted by Hydro One. Hydro One reserves
the right to do the work and the Owner or Subdivider shall pay the total cost. The
electrical system within the subdivision, shall be of sufficient size, depth and at a
location to adequately service, in the opinion of Hydro One,the subdivision of any
lands serviced through it and where it is necessary to extend the system within the
subdivision, to the existing system, outside the subdivision, and any adjacent
subdivisions, the size, depth and location of the extension must be acceptable to
Hydro One.
Hydro One may connect or authorize the connection of the electrical system but
the connection shall not constitute acceptance of the electrical system by Hydro
One.
All plans relating to the installation of the electrical system, appurtenances and
services must be submitted to Hydro One for approval along with evidence that
any variances from their standards are acceptable by the Municipal Electric
Association.
(d) LOT FRONTAGE AND CONNECTION CHARGES
Frontage and connection charges do not apply.
17_ LIABILITY INSURANCE
Before commencing any of the work provided for herein, the Owner or Subdivider, shall
supply the Corporation with a Liability Insurance Policy in the amount of Five Million
($5,000,000) Dollars, and in a form satisfactory to the Corporation, indemnifying the
Corporation, and their agents from any loss arising from claims for damages, injury or
otherwise in connection with the work done by or on behalf of the Owner or Subdivider.
In the event any renewal premium is not paid, the Corporation, in order to prevent the
lapse of such liability insurance policy, may pay the renewal premium or premiums and
the Owner or Subdivider, agrees to pay the cost of such renewal or renewals within
Fourteen(14) days of the account therefore being rendered by the Corporation.
The Owner or Subdivider shall provide written notice to the Corporation of the
cancellation of the liability insurance policy, Twenty-One (21) days before the
cancellation is to come into effect.
18. PERFORMANCE GUARANTEE
(a) As security for the construction and installation of services required by this
Agreement, and prior to the release of the Plan of Subdivision, for registration, the
Owner or Subdivider, shall supply the Corporation with security for performance
and completion of all works required by this Agreement, in an amount which is
Seventy-Five per cent (75%) of the estimated cost of the works, as set out in
Schedule "C", in the form of an Irrevocable Letter of Credit, from a chartered
Country View Estates Subd. Agmt. -8-
bank or other financial institution, satisfactory to the Corporation, expressed to be
pursuant to this Agreement, and payable to the Corporation at any time or in part,
from time to time, upon written notice from the Corporation, that the Owner or
Subdivider, is in default under this Agreement.
The said security shall be for the period of time set forth in Schedule "B" for the
completion of the works.
(b) The Owner or Subdivider agrees with the Corporation that after Fifty percent
(50%) of the said works are completed, to the satisfaction of the Corporation, the
amount of the security will be progressively reduced to the amount equal to the
estimated cost of the uncompleted work, plus Twenty per cent (20%) as
determined by the Corporation's Engineer. The reduction will be made after the
receipt of the progress certificate from the Consulting Engineer, proof that the
contractor has been paid, and approval by the Corporation. However, the said
security will not be allowed to be reduced below Twenty-Five per cent (25%) of
the estimated cost of all works until all of the work has been completed to the
satisfaction of the Corporation's Engineer and the Corporation and the Owner or
Subdivider, has provided a Letter of Credit for the Maintenance Guarantee. If
staging is approved by Council,the above shall be applicable per stage.
19. MAINTENANCE GUARANTEE
The Owner or Subdivider agrees with the Corporation that, upon completion of the
various parts of the works and prior to acceptance by the Corporation, the Owner or
Subdivider, will provide at his/her own expense, a Letter of Credit for the sum of Twenty-
Five per cent (25%) of the actual cost of all the works still subject to the guarantee, to
guarantee the workmanship and materials for a period of Two (2) years from the date of
satisfactory completion of the work.
20. OCCUPANCY OF BUILDING
The Owner or Subdivider agrees that no building shall be occupied or used for any
purpose in the subdivision until storm sewer and electricity are in operation, and in the
opinion of the Corporation, capable of providing adequate service. The Owner or
Subdivider further agrees that no building shall be occupied or used for any purpose in the
subdivision until a base coat of asphalt has been installed on the road immediately in front
of the building and extending to an existing municipal road, and to maintain vehicular
access to the said building until the roads are formally accepted by the Corporation.
21. TIME LIMIT FOR WORK AND GUARANTEE FOR WORKMANSHIP AND
MATERIAL
Save as herein otherwise provided the Owner or Subdivider agrees to complete the work
required under this Agreement within the Time Limitsspecified in the Schedule attached
hereto as Schedule "B", and to guarantee the workmanship and materials for a period of
Two (2) years from the date that the said works are approved, in writing, by the
Corporation. Any work other than that specifically provided for in Schedule "B" shall be
completed within the time limit provided for herein, for sidewalks, curbs and gutters and
roads.
The Owner or Subdivider shall, in the period prior to final acceptance of the services or
utilities to be constructed under this Agreement as soon as it is practicable after receiving
written notice from the Corporation repair any damage caused to existing services or
utilities by the implementation or performance of this Agreement or caused during the
construction of dwelling units or other buildings on any part of the development.
Should the Owner or Subdivider fail or neglect to carry out repairs or any other work
required of this Agreement the Corporation may, in addition to any other rights or
remedies it may have at law or in equity, assert and exercise the rights provided for in
Clause 22.
Country View Estates Subd. Agmt. -9-
22. UNCOMPLETED OR FAULTY WORK
If in the opinion of the Corporation the Owner or Subdivider is not completing or causing
to be completed the work required in connection with this Agreement, within the
specified time, or is improperly performing the work, or shall the Owner or Subdivider
neglect or abandon it before the completion or unreasonably delay the same so that the
conditions of this Agreement are being violated, or carelessly executed, or in bad faith, or
shall the Owner or Subdivider neglect or refuse to renew or again perform such work as
may be rejected by the Corporation, as defective or unsuitable, or shell the Owner or
Subdivider, in any other default in performance of the terms of this Agreement, then, in
any such case, the said Corporation shall promptly notify the Owner or Subdivider and
his/her surety in writing of such default or neglect and if such notification be without
effect within Seven (7) clear days, after such notice, then in that case, the Corporation
shall have full authority and power to immediately purchase such materials, tools and
machinery and to employ such workmen as in their opinion, shall be required for the
proper completion of the said work, at the cost and expense of the Owner or Subdivider,
or his/her surety or both. In cases of emergency, in the opinion of the Corporation, such
work may be done without prior notice but the Owner or Subdivider shall forthwith be
notified. The cost of such work shall be calculated by the Corporation whose decision
shall be final. It is understood and agreed that the total costs shall include a management
fee of Twenty per cent(20%) of all labour, material and machine time charges incurred to
complete the work and further, a fee of thirty per cent (30%) of the charges incurred for
the dislocation and inconvenience caused to the Corporation as a result of such default on
the part of the Owner or Subdivider, it being hereby declared and agreed that the
assuming by the Owner or Subdivider of the obligations imposed by this paragraph is one
of the considerations without which the Corporation would not have executed this
Agreement.
It is further understood and agreed between the parties hereto that such entry upon the
lands shall be as an agent for the Owner or Subdivider, and shall not be deemed for any
purpose whatsoever as an acceptance of the said services by the Corporation.
23. GENERAL PROVISIONS
The Owner or Subdivider agrees with the Corporation:
(a) REGISTRATION OF AGREEMENT
The Owner or Subdivider agrees that this Agreement shall be registered by the
Corporation's Solicitor upon the title to the lands within the plan of subdivision,
and agrees to pay all solicitor's fees and disbursements incurred by the
Corporation in respect to registration of this Agreement, forthwith,upon demand.
(b) CONTINUATION OF EXISTING SERVICES
Where the construction of services herein involves a continuation of existing
services to join into the same including adjustment of grades where necessary,
such work to be completed in a good workmanlike manner and at the expense of
the Owner or Subdivider.
(c) PUBLIC LANDS--FILL AND DEBRIS
To neither dump nor permit to be dumped any fill or debris on, nor to remove or
permit to be removed any fill from any public lands, other than the actual
construction of roads in the subdivision without the written consent of the
authority responsible for such lands. The Owner or Subdivider shall, on request,
supply the Corporation with an acknowledgement from such authority of the
Owner or Subdivider's compliance with the terms of this clause.
(d) QUALITATIVE OR QUANTITATIVE TESTS
Country View Estates Subd. Agmt. - 10-
The Corporation may have qualitative or quantitative tests made of any materials
which have been or are proposed to be used in the construction of any services
required by this Agreement and the cost of such tests shall be paid by the Owner
or Subdivider within Fourteen (14) days of the account being rendered by the
Corporation.
(e) RELOCATION OF SERVICES
To pay the cost of relocating any existing services and utilities caused by the
development work within Fourteen (14) days of the account for same being
rendered by the Corporation. The Owner or Subdivider further agrees to similarly
pay the cost of moving any services or utilities installed under this Agreement in
driveways or so close thereto, in the opinion of the Corporation, as to interfere
with the use of the driveway.
(f) TAXES
That prior to the release of the plan for registration the Owner or Subdivider shall
pay the taxes in full for all the lands included in the said Plan of Subdivision
according to the last revised assessment roll,until the lands are assessed and billed
as a registered plan.
(g) LOCAL IMPROVEMENTS
Prior to the release of the plan for registration, to prepay any outstanding local
improvement charges which are levied against any of the lands in the said plan of
subdivision.
(h) SPECIFICATIONS
Unless otherwise specified, any work required under this Agreement shall be
according to the specifications of the Corporation.
Any and all approval of plans and specifications by the Corporation does not
relieve the Owner or Subdivider of responsibility for errors and omissions in the
plans and specifications.
It shall be the responsibility of the Owner or Subdivider to supply any third party
contractor with all necessary information to compete the works contemplated
under this Agreement.
(i) STREETS
During the construction of the services and utilities required to be
constructed under this Agreement and during the construction of any
dwelling units to be constructed within the subdivision all streets within
the development site,being Peters Court, shall be maintained in good
repair and clean by the Owner or Subdivider but this obligation and
liability of the Owner or Subdivider does not extend beyond the time of
final acceptance. Until final acceptance the Owner or Subdivider shall be
responsible to maintain the entrances to the site on the existing county
road to ensure the roads are kept clean and free from dust and debris.
(j) STREET SIGNS
Street signs and traffic control signs will be installed by the Municipality at the
Owner's expense.
(k) LICENCE TO ENTER
To retain a licence from any subsequent purchaser of the aforesaid lands to enter
upon such lands in order to comply with the provisions of this Agreement.
Country View Estates Subd. Agmt. - 11 -
(1) SANDING, DUST CONTROL, SNOW/ICE REMOVAL FROM ROADS
Prior to the Corporation assuming the services, the Owner or Subdivider agrees to
provide, at their expense, dust and weed control.
The Owner or Subdivider shall snowplow and sand any unpaved roads when
required to provide and maintain safe and adequate vehicular access to all
occupied buildings.
The Corporation agrees to snowplow and sand all paved roads in the subdivision
upon completion by the owner of the base coat of asphalt and when all frames and
covers for catchbasins and manholes have been set at the same elevation as the
base coat of asphalt so they will not interfere with snowplowing operations. The
Owner or Subdivision agrees that any service provided by the Municipality prior
to formal acceptance of the roads by the Municipality shall not be deemed
acceptance of the roads.
(m) SURVEY MONUMENTS AND MARKERS
Prior to the formal acceptance of the services and roadwork by the Corporation, to
supply a statement by an Ontario Land Surveyor that, after the completion of the
subdivision work, he has found all standard iron bars and survey monuments as
they pertain to only vacant lots remaining on the date of the acceptance of the
subdivision.
(n) INTEREST
Interest at the per annum rate of Three per cent (3%) points above the prime rate
of the Corporation's bank shall be payable by the Owner or Subdivider, to the
Corporation, on all sums of money payable herein, which are not paid on the due
dates calculated from such due dates. The due dates of any sum of money shall be
Fourteen(14) days after the date of the invoice.
(o) CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered within one year from the date
hereof, the Corporation may, at its option, on one month's notice to the Owner or
Subdivider, declare this Agreement to be null and void.
(p) NOTICES
Any notices required to be given hereunder may be given by registered mail,
addressed to the other party at its address according to the most recent assessment
roll and shall be effective as of the date of the deposit thereof, in the Post Office.
(q) UNSOLD LOTS
The Owner or Subdivider is to provide suitable weed control on any unsold lots.
Failure to do so will result in the Corporation performing the work and assessing a
charge or lien to the property.
(r) STAGING
The Owner or Subdivider covenants and agrees that the construction of the
subdivision will be completed in one phase with all of the required services
provided by the Owner or Subdivider and the Owner or Subdivider may complete
such services in accordance with Schedule"B".
(s) BUILDING PERMITS
The Owner or Subdivider covenants and agrees not to apply for any building
permit for any building on the lands until the following pre-requisites have been
satisfied:
Country View Estates Subd. Agmt. - 12-
1. The Owner or Sudivider has provided confirmation of the engineered
septic system plans and maintenance agreement as per Paragraph 6.
2. The Manager of Public Works has advised in writing that rough grading
has been carried out to his/her satisfaction and that building permits may
be issued in accordance with the grading control plan attached hereto as
Schedule `D'; curb and gutter, storm water sewer systems and base coat of
asphalt has been installed; all traffic and street signs have been installed.
Exceptions to this condition may be permitted where, in the opinion of the
Manager of Public Works, there are extenuating circumstances. In these
cases, the Owner or Subdivider shall undertake protective and remedial
measures to the satisfaction of the said Manager. All costs of such
protective and remedial measures shall be borne by the Owner or
Subdivider.
3. Hydro One has advised the Corporation in writing that the complete
electrical system has been installed in accordance with this agreement and
is capable of servicing the lands. Exceptions to this condition may be
permitted in writing at the discretion of the Corporation.
4. The Owner or Subdivider has satisfied all the financial requirements under
this agreement.
(t) SIGNAGE FOR PROJECT
The Owner or Subdivider is entitled to erect one sign at the property entrance to
advertise the project. Any sign erected must conform to any municipal or county
Sign By-laws. The sign must be kept in good repair at all times.
(u) TREE PLANTING
The Owner or Subdivider shall plant one tree per lot in a location 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 property line and located so as not to
interfere with services and utilities at any time.
(v) SURFACE WATER MANAGEMENT DURING CONSTRUCTION
The Owner or Subdivider agrees to require the contractor to provide means to
avoid ponding, erosion and/or flooding onto adjacent properties during
construction and will continue until lots have been developed by means of erosion
provisions such as silt fencing, straw bales and rough grading of undeveloped lots
to maintain all surface water on developed property.
(w) DRIVEWAY APPROACHES
The Owner or Subdivider shall pave all driveway approaches to the satisfaction of
the Manager of Public Works upon the construction of the building serviced by
any such driveway. If any dropped curb is not located correctly with respect to
any driveway, the Owner shall construct a dropped curb in the correct location and
shall fill in the original dropped curb in accordance with specifications.
(x) CENTRALIZED MAIL BOX
i. The Owner or Subdivider shall make adequate provision for a centralized mail
box to the satisfaction of Canada Post and further agrees to:
1. work with Canada Post to determine and provide a temporary
suitable Centralized Mail box location which may be utilized by
Canada Post until the curbs and boulevards are in place in the
subdivision;
Country View Estates Subd. Agmt. - 13 -
2. install a concrete pad in accordance with the requirements of, and
in a location approved by Canada Post to facilitate the placement
of a community mail box;
3. identify the pad above on the engineering drawings. Said pad is
to be poured at the time of the curb installation within the
subdivision.
ii. The Owner or Subdivider shall include in all offers of purchase and sale a
statement advising the prospective purchaser:
1. that the home mail delivery will be from a designated Centralized
Mail Box
2. that the developers/owners are responsible for officially notifying
the purchasers of the exact Centralized Mail box location prior to
the closing of any home sales.
(y) FIRE PROTECTION
The Owner or Subdivider agrees to provide for adequate fire protection
approved by the municipal fire services.
24. The Owner or Subdivider agrees with the Corporation:
(a) EXTENT OF WORK
The extent of work shall be construed to consist of the labour and materials
necessary for the construction in a good substantial, workmanlike manner of all
the items required for the completion of the entire work consisting of all the items
shown on the drawings which have been approved by the Corporation, and which
shall be installed according to these specifications; also, of all excavations, drains,
sheathing, shoring, false-work, forms, tools, appliances, and materials necessary
for the safe expeditious and effective execution of all temporary and permanent
work.
The Owner or Subdivider shall be responsible for obtaining the location of all
other Utilities such as Electric Underground Cables, Telephone Conduits, Storm
Sewer Catchbasins, Farm Drainage Tiles, Gas Mains and Services, etc., from the
utility concerned, and must protect and/or repair same subject to the regulations of
the particular service involved
Excavations, backfilling and all work on Municipal Streets must have the approval
of the Engineer and/or Corporation.
Pavements, driveways, entrance to property, lawns, etc., must be replaced in as
good condition as found.
Barricades and lanterns must be installed on all works for the protection of
vehicles and pedestrians and all precautions taken to minimize the risk of damage
and inconvenience to others.
All work shall be carried out so that it conforms to the regulations of the Trench
Excavators Act, and the Worker's Compensation Board, as it pertains to the safe
working conditions of the workers employed on the job.
The Owner or Subdivider shall take full responsibility for pavement breaks, which
must be approved by the Engineer and restored to the regulations applicable. The
closing of roads due to the installation of services must have the approval of the
Corporation's Engineer and the Owner or Subdivider, must observe all applicable
regulations.
In the absence of the Owner or Subdivider from the job (whether permanent or
temporary), he/she shall provide and leave a competent and reliable agent or
foreman in charge and all notices communications, instructions, or orders given,
Country View Estates Subd. Agmt. 14-
foreman in charge and all notices communications, instructions, or orders given,
sent, or served upon this person, shall be taken as served upon the Owner or
Subdivider.
(b) LIENS OR CLAIMS
The Owner or Subdivider agrees that, upon applying tor final acceptance of the
waterworks system in the said subdivision, to supply the Corporation with a
Statutory Declaration that all accounts for work and materials have been paid or
provided or that there are no claims for liens or otherwise in connection with such
work done or materials supplied on behalf of the Owner or Subdivider, in
connection with the subdivision.
25. Schedules "A"through"D" as listed are attached hereto:
1. Schedule"A"Plan of Subdivision
2. Schedule "B"Time Limits
3. Schedule "C"Estimated Costs of Works
4. Schedule "D" Lot Grading Plan
All shall form part of this Agreement and time shall be of the essence with respect to
items contained herein.
26. The Corporation shall be entitled to enforce the provisions of this agreement against the
owner of the lands to which it applies, and subject to the provisions of the Land Titles Act
against any and all subsequent owners of the lands.
27. The Owner or Subdivider may assign this Agreement only with the consent of the
Corporation.
28. All parties hereto shall execute and deliver (or cause to be done, executed and delivered)
all such further acts, documents and other assurances that may be reasonably required by
the parties for the completion of the work contemplated by this Agreement.
29. The Owner or Subdivider shall advise all perspective purchasers of Items 6, 12 and 13 of
this Agreement and/or provide copy of this Agreement in all offers of purchase and sale.
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, attested
to by the hands of their proper officers in that behalf fully authorized.
COUNTRY IEW//X
ESTATES
ne Abraham Peters
1.-Y-7.74 ` J14.1
Emma Peters
THE CORPORATION OF THE
MUNICIP• ITY OF BAYHAM
ii
Lynn tr•, Mayor
Lynda Millard, Clerk
Country View Estates Subd. Agmt. - 15-
SCHEDULE "B"
COUNTRY VIEW ESTATES
MUNICIPALITY OF BAYHAM
PROPOSED SERVICING SCHEDULE
Earth Grading Summer 2010
Underground Servicing—Storm Sewer Fall 2010
Granular Roadbase Fall 2010
Electrical and Utility Fall 2010
Municipal Drain Relocation Fall 2010
Curbs and Base Asphalt Spring 2011
Surface Asphalt Summer 2012
DRAFT PLAN OF SUBDIVISION
ROAD ALL "�-_ .r.w PART OF LOT 7
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SURVEYOR'S CERTIFICATE
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SCHEDULE"B"
COUNTRY VIEW ESTATES
MUNICIPALITY OF BAYHAM
PROPOSED SERVICING SCHEDULE
Earth Grading Summer 2010
Underground Servicing—Storm Sewer Fall 2010
Granular Roadbase Fall 2010
Electrical and Utility Fall 2010
Municipal Drain Relocation Fall 2010
Curbs and Base Asphalt Spring 2011
Surface Asphalt Summer 2012
CYRIL J.DEMEYERE LIMITED
5 C E(y Q L&L- L C. 0924
22 September 2010
ESTIMATED INTERNAL SF1WIC1NG COSTS
COUNTRY yaw ESTATES SUBDIVISION
WJNICIPALITY OF BAY$AM
5 SINGLE FAMILY LOTS
FOR MUNICIPAL SECURITY
SANITARY SEWER-private septic systems on each lot by builders
WATERMAIN-private wells on each lot by builders
STORMWATER MANAGEMENT&SWALE
Excavation and Grading $4,500
750m'replace topsoil and seed @$2.00 1,500
6.1m of 500mm a CMP,concrete headwall and rip-rap 6,000
22m of 150mm a pond subdrain @$20 440
Outlet including ditch inlet CB,5.7m-150mm a STM
connection to Municipal Drain 3,200
Miscellaneous 360
- $16,000 $16,000
STORM SEWER
79 m of 375 mm a@$135 $10,665
78 m of 300 mm a@$105 8,190
3 single catchbasins @$1,600 4,800
2 double calchbasins @$2,600 5,200
22 m of catchbasin leads @$90 1,980
3- 1200 e manholes Qa $3,500 10,500
Miscellaneous 665
$42,000 42,000
ROADWORK(265 in-Street'A',9.2 m back to back curb and gutter)
�NITI�L ROADBASE
255 m excavation and grading,axe],lot grading @$55/m incl.topsoil stripping $14,025
275 m of subgrade subdrains $18 4,950
905 m'Granular'B'(300 mm)@$29 26,245
310 ms Granular'A'(100 mm)@$32 9,920
Miscellaneous 860
$56,000 56,000
SURFACE ROADWORK,
545 m curb&gutter @$32 $17,440
Fine grading 2,500
3291 HL 8(50 mm)@$115 37,835
241tHL3(35mm)@$125 30,125
6 catchbasin adjustments @$250 1,500
Miscellaneous 600
$90,000 90.000
TOTAL ESTIMATED INTERNAL SERVICING COSTS $204,000
The foregoing costs exclude:
•relocation of municipal drain
•legal and survey costs
•Engineering costs
•Electrical Servicing&Utilities;and
•HST,
PETER I.PENNER,P.ENG.
CYRIL I.DBMAYERE LIMITED
CONSULTING ENGINEERS
TILLSONBURG,ONTARIO.
C.1 DL
Consulting Engineers
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- 7
LRO# 11 Notice Of Subdivision Agreement Receipted as CT63719 on 2010 11 22 at 16:34
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 21
i
Properties
PIN 35337- 0299 LT
Description PART N 1/2 LOT 7 CON 8 BAYHAM AS IN E335201 (FIRSTLY);SAVE&EXCEPT PART
1, 11R6483,PARTS i TO 4 11R7851, PARTS 1,2,3, 11R8569, PART 2, 11R-8593&
PART 1, 11 R-9088; BAYHAM
Address ELGIN
Applicants)
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 PO BOX 160
9344 PLANK ROAD
STRAFFORDVILLE, ON
NOJ 1Y0
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation LYNN ACRE, MAYOR AND LYNDA MILLARD,CLERK.
Party To(s) Capacity Share
Name PETERS,ABRAHAM
Address for Service 54571 OTTERGATE LINE
RR#1 EDEN
NOJ 1H0
Name PETERS,EMMA
Address for Service 54571 OTTERGATE LINE
RR#1 EDEN
NOJ 1H0
Statements
This notice is for an indeterminate period
Schedule: See Schedules
Signed By
Michael George Charles Szorenyi 36 Broadway, Box 5 acting for Signed 2010 11 22
Tillsonburg Applicant(s)
N4G 4H3
Tel 5198423658
Fax 5198425001
I have the authority to sign and register the document on behalf of all parties to the document,
• Michael George Charles Szorenyi 36 Broadway, Box 5 acting for Signed 2010 11 22
Tillsonburg Party To(s)
N4G 4H3
Tel 5198423658
Fax 5198425001
I have the authority to sign and register the document on behalf of all parties to the document.
O# 11 Notice Of Subdivision Agreement Receipted as CT63719 on 2010. 11 22 at 16:34
The applicant(s)hereby applies to the Land Registrar, yyyy mm dd Page 2 of 21
Submitted By
GIBSON BENNETT GROOM&SZORENYI 36 Broadway, Box 5 2010 11 22
Tillsonburg
N4G 4H3
Tel 5198423658
Fax 5198425001
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Applicant Client File Number: 510-1029
Party To Client File Number: S10-1029