HomeMy WebLinkAboutBy-law No. 2012-074 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO.2012-074
BEING A BY-LAW TO AUTHORIZE THE
EXECUTION OF A SITE PLAN AGREEMENT
BETWEEN 1457199 ONTARIO INC. (VAN MOERKERKE)
AND THE MUNICIPALITY OF BAYHAM
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 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 the Council of the Corporation of the Municipality of Bayham now deems it
necessary to enter into a site plan agreement with 1457199 Ontario Inc. (Van Moerkerke)
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
1457199 Ontario Inc. (Van Moerkerke) affixed hereto and forming part of this By-law as
Schedule "A".
2. THAT the executed agreement shall be registered at the owner's expense under the
proper Land Titles Registry.
READ A FIRST AND SECOND TIME this 21st day of June 2012.
READ A THIRD TIME AND FINALLY PASSED this 215t day of June 2012.
�,0�
YOR CLERK
SCHEDULE 'A'
SITE PLAN AGREEMENT
BETWEEN
1457199 Ontario Inc. (Eric VanMoerkerke)
56957 Carson Line
Concession 10 Part Lots 16 & 17
Roll #34-01-000-006-14801
AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
THIS AGREEMENT made in duplicate this 21st day of June 2012.
BETWEEN:
1457199 ONTARIO INC.
(ERIC VAN MOERKERKE)
Hereinafter called the "OWNER"
OF THE FIRST 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 of the lands situate in the Municipality of
Bayham, in the County of Elgin being Concession 10 Part Lots 16 & 17, more particularly
described in Attachment "A" attached hereto (and hereafter referred to as the "Lands");
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 lands in accordance with the Site Plan attached
hereto, as Attachment"C"(and hereafter referred to as the "Plan");
AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it
necessary to enter into a site plan agreement with 1457199 Ontario Inc. (Eric VanMoerkerke)
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 Attachments, 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:
ATTACHMENT"A"—LEGAL DESCRIPTION OF SUBJECT LANDS
ATTACHMENT"B" - CERTIFICATE OF COMPLIANCE
ATTACHMENT"C" - SITE PLAN
3. Attachment"A"hereto describes the lands affected by this Agreement.
4. Attachment "C"- Site Plan and Site Servicing Plan, shows:
a) the location and height of all buildings and structures existing and/or to be erected;
b) the location of vehicular entrances and exits;
c) the location and provision of off-street vehicular loading and parking spaces,
including driveways for emergency vehicles;
d) building finished floor elevations (if deemed necessary by the Municipality);
e) all proposed structures showing setback measurements and dimensions
5. The Owner agrees that the building or buildings will be erected or developed 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 (as applicable):
a) final grades and elevations 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. (not applicable)
b) all necessary provisions for service connections on site will be made to the
satisfaction of the Municipality. (not applicable)
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) unless otherwise provided, all parking lots and walkways will be finished with
hot-mix asphalt, concrete, gravel or paving stones to the satisfaction of the
Municipality and have permanent bumper curbing along all parking areas that abut
the property limits. (not applicable)
g) no topsoil shall be stockpiled on any other portion of the Owner's lands except
those lands identified in Attachment "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.
h) stock-piling of snow will not be allowed on the site where it will constitute a
hazard to public right-of-ways.
i) the electrical servicing of the property shall be subject to the approval of Hydro
One.
j) 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.
k) 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.
I) 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, the Ministry of the Environment and the County of Elgin, as deemed
necessary.
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, sidewalks, 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. 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.
14. 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.
15. 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.
16. 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
Iast known address, and the Owner shall forthwith correct the deficiency or appeal to the
Council of the Municipality of Bayham, as hereinafter provided.
17. 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.
18. 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.
19. 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.
20. Unless otherwise authorized, in the event of the Owner wishing to change at any time, the
buildings, structures or facilities described in Attachment"C", 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, herein before
referred to.
21. 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.
22. 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 $2,000,000 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.
23. PERFORMANCE GUARANTEE
The Owner hereby defines the completion date of this Agreement and project to be
completed in four Phases (Phase 1 - 2012, Phase 2 - 2013, Phase 3 - 2014 and Phase 4 -
2015) on or before July 1, 2015. 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, sidewalks, curbs and gutters and drains, plus all
site specific components as defined by the Site Plan and Site Servicing Plan, Attachment
"C", 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. A Certification of Compliance attached hereto as Attachment "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.
IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and
duly attested to by their authorized signing officers in that behalf.
I have the authority to bind the Corpor. ..11.
/./Z/La/ . ..wit OP "
fitness Eric Van Moerkerkeent
1457199 Ontario Inc.
THE CORPORATION OF THE MUNICIPALITY
OF BA HAM
Paul Ens, Mayor
y-».>Lg: )
Lynda Millard, Clerk
ATTACHMENT 'A'
Property Assessment Roll No.: 34-01-000-006-14801
Municipal Address: 56957 Carson Line
Legal Property Description: Concession 10 Part South Lots 16 & 17, Registered Plan
11R-1477 Part 1, Municipality of Bayham, County of Elgin
PIN#
ATTACHMENT 'B'
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
CERTIFICATE OF COMPLIANCE
PROPERTY IDENTIFICATION:
Municipal Address: 56957 Carson Line
Property Roll#: 34-01-000-006-14801
Owner(s): 1457199 Ontario Inc. (Eric VanMoerkerke)
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.
I have the authority to bind the Corporation.
Witness 1457199 Ontario Inc.
Eric Van Moerkerke, President
Print name
Address;
Phone Number
iii
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LRO#11 Notice Racetoted as CT83985 on 2012 07 18 at 09:29
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 at 2
1Propertles
PIN 35341 -0121 LT
Description PT S1/2 LT 18 CON 10 BAYHAM;PT LT 17 CON 10 BAYHAM PT 1 11R1477:BAYHAM
Address 58957 CARSON UNE.R#8,TILLSONBURG
ELGIN
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 1457199 ONTARIO INC.
Address for Service 243781 Airport Rd.,RR7
Tilisonburg,Ontario
N4G 4111
1,ERIC VAN MOERKERKE,PRESIDENT,have The authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
!Party To(s) Capacity Share
Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Address for Service PO Box 180
l3tratfordvllie,Ontario
NOJ 1Y0
This document la being authorized by a municipal corporation BY PAUL ENS.MAYOR,AND LYNDA MILLARD,CLERK.
This document is not authorized under Power of Attorney by this party.
Statements
This notice is pursuant to Section 71 of the Land Titles Act.
The land registrar is authorized to delete the notice an the consent of the following party(les)THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Schedule; See Schedules
1 Signed By
Joanne Marie Casey 107 Broadway Street.PO Box 280 acting for Signed 2012 0718
Tlllsonbury Appilcant(s)
N4G 4H5
Tel 5198429017
Fax 5198423394
I have the authority to sign and register the document on behalf of the Appilcant(s).
Submitted By
JENKINS&GILVESY 107 Broadway Street.PO Box 280 2012 0718
Tillaonbarg
N4G 4H5
Tel 5198429017
Fax 5198423394
Fees/Taxes/Payment
Statutory Reglslretion Fee $80.00
LRO#11 Notice Receipted as CT53965 on 2012 0718 at 09:29
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2
Fees/Taxes/Payment I
Provincial Land Transfer Tax $0.00
Total Paid $50.00
File Number
Applicant Client File Number: 10147
Party To Client File Number: 10147
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of: 35341-0121 PT S1/2 LT 16 CON 10 BAYHAM;PT LT 17 CON 10 BAYHAM PT 1 11R1477;
BAYHAM
BY: 1457199 ONTARIO INC.
TO: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM %(all PINS)
1. LISA CHRISTINE GILVESY
I am
❑(a)A person in trust for whom the land conveyed in the above-described conveyance Is being conveyed;
❑(b)A trustee named in the above-described conveyance to whom the land is being conveyed;
❑(c)A transferee named In the above-described conveyance;
(d)The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM described In paragraph(s)(C)above.
❑ (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for
described In paragraph(s)U above.
❑ (f)A transferee described In paragraph()and am making these statements on my own behalf and on behalf of
who is my spouse described in paragraph(}and as such,I have personal knowledge of the facts herein
deposed to.
3. The total consideration for this transaction Is allocated sa follows:
(a)Monies paid or to be paid in cash 2.00
(b)Mortgages (i)assumed(show principal and interest to be credited against purchase price) 0.00
(II)Given Back to Vender 0.00
(c)Property transferred in exchange(detail below) 0.00
(d)Fair market value of the land(s) 0.00
(e)liens,legacies,annuities and maintenance charges to which transfer is subject 0.00
(f)Other valuable consideration subject to land transfer tax(detail below) 0.00
(g)Value of land,building,fixtures and goodwill subject to land transfer tax(total of(a)to(f)) 2.00
(h)VALUE OF ALL CHATTELS-Items of tangible personal property 0.00
(I)Other considerations for transaction not Included In(g)or(h)above 0.00
Q)Total consideration 2.00
4,
Explanation for nominal considerations;
s)other:SITE PLAN AGREEMENT
5. The lend Is not subject to an encumbrance
PROPERTY Infartnatlon.Record
A.Nature of Instrument Notice
LRO 11 Registration No. CT83965 Date: 2012/07/18
B.Property(s): PIN 36341-0121 Address 68957 CARSON LINE. Assessment 3401000-00814801
R#8,TILLSONBURG Roll No
ELGIN
C.Address for Service: PO Box 160
Straffordvtlle,Ontario
N0J 1Y0
D.(i)Last Conveyance(s): PIN 35341 -0121 Registration No. CT41899
(ii)Legal Description for Property Conveyed: Same as In lest conveyance? Yes 0 No ❑ Not known ❑
E.Tax Statements Prepared By: Joanne Marie Casey
107 Broadway Street.PO
Box 280
Tillsonbura N40 4H5