HomeMy WebLinkAboutBy-law No. 2014-004 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2014-004 I
A BY-LAW TO AUTHORIZE THE EXECUTION OF A SEWER
SERVICES INSTALLATION AND CONNECTION AGREEMENT
BETWEEN
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS
REPRESENTED BY THE MINISTER OF NATURAL RESOURCES
("Owner")
AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
("Municipality")
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 sanitary sewage
collection.
AND WHEREAS the Queen in right of Ontario as represented by the Minister of Natural
Resources is the owner of the lands in Concession 1, South Part Lots 8, 9, 10, Plan 12, Part
Unsubdiv Lot 10 RP11R2446, Part 5 RP 11R3199, known as the Port Burwell Provincial Park in
the Municipality of Bayham (Assessment Roll#34-01-002-002-01300);
AND WHEREAS the said Owner has made a request to rebuild the trailer sanitary dumping
station at the property as described above and to connect to the municipal sanitary sewer system at
manhole#73 located along Addison Street in Port Burwell;
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 the Owner, affixed hereto and forming part of this By-law and marked as
Schedule "A".
2. AND THAT the Agreement attached hereto shall be registered at the Land Registry
Office against the title of the Owner and shall come into effect upon such registration.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS Ael—rNDAY
OF (Y1 c,Q,, 2014.
MAYO CLERK
te-
A-4- c. +0 /C. ao/cc -O0
Provincial Park Sewer Services Installation &Connection Agreement Page 1
THIS SEWER SERVICES INSTALLATION AND CONNECTION AGREEMENT
(hereinafter called the "Agreement") made in triplicate this 1014 day of
CA-r• 2014.
B E T W E E N: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
AS REPRESENTED BY THE MINISTER OF NATURAL
RESOURCES
(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 represents that it is the registered owner of the lands and premises in
Concession 1, South Part Lots 8, 9, 10, Plan 12, Part Unsubdiv Lot 10 RP11R2446, Part 5 RP
11R3199, in the Municipality of Bayham, in the County of Elgin, being more particularly
described in Appendix"A"attached hereto (hereinafter called the "said Lands");
AND WHEREAS the Owner is desirous of developing the said Lands conditional upon (inter alia)
the entering into this agreement for the property as more particularly set out as described in
Appendix"B" attached hereto;
AND WHEREAS the Owner hereby represents that it has followed its own internal
requirements and will be bound by this Agreement;
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 Owner to the
Municipality, and other good and valuable consideration, the receipt and sufficiency whereof we
hereby acknowledge. The parties intending to be legally bound agree as follows:
Municipal Engineer
1. Wherever the phrase "Municipal Engineer" is used throughout this Agreement, it shall
mean the Municipality's Water/Wastewater Operations Manager, or Public Works
Manager or such other person as the Council of the Municipality may from time to time
appoint to deal with the administration of this Agreement.
Provincial Park Sewer Services Installation & Connection Agreement Page 2
List of Attachments
2. The following Attachments form part of the Agreement:
Appendix Description
"A" A description of the Lands.
"B," Engineered Site Plan showing the proposed trailer sanitary dumping station •
location, a pumping station with a flow meter (Owner owned, operated and
maintained) to eject effluent to the sanitary sewers, grading, access and the
sanitary sewer works location within the street allowances from the manhole#73
on Addison Street to the property line of the said Lands.
"C" Contractor's estimated total construction cost for sanitary sewer installation and
connection.
As-Constructed Drawings
3. The Owner shall provide for the Municipality records "as-constructed" drawings to the
satisfaction of the Municipality of municipal services installed by the Owner that serve as
the connection to the Municipal sanitary sewer. These drawings shall be submitted in a
satisfactory form prior to the release of any security required by this Agreement. The
Owner shall submit theses drawings to the Water/Wastewater Superintendent of the
Municipality.
Plans and Specifications
4. The Engineered Site Plan, attached hereto as Appendix "B", for all works and services
herein required to be done by the Owner, has been submitted to the Municipal Engineer
in a form satisfactory to the Owner. Such works and services shall not commence until
this Agreement has been registered at the Land Registry Office against the title of the
Owner and the Municipal Engineer has expressly authorized, in writing, such works and
services to commence.
All works and services shall be constructed and installed strictly in accordance with the
Engineered Site PIan, all to the satisfaction of the Municipal Engineer. The proposed
sanitary dumping station will utilize a pumping station with a flow meter(owned,
operated and maintained by the Owner) to eject effluent to the existing sanitary sewers.
The Owner agrees to construct all services and provide other requirements according to
the Engineered Site Plan, as approved by the Municipal Engineer.
The Municipal Engineer may require, in writing, such variance from the Engineered Site
Plan 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
Owner, including but not limited to engineering and restoration works, shall be wholly at
the expense of the Owner except as may be otherwise herein expressly provided.
Provincial Park Sewer Services Installation & Connection Agreement Page 3
Sewer Maintenance
5. Upon completion of the project, and subject to the approval of the Municipal Engineer,
the Municipality shall assume ownership of the sanitary sewer system installed between
the said Lands and the discharge point on Addison Street, Port Burwell, and all ongoing
required maintenance shall be done by the Municipality, at the expense of the
Municipality. All maintenance of the sanitary sewer system within the boundary of the
said Lands shall be at the expense of the Owner.
Grading and Drainage
6. The Owner shall ensure that finished drainage and grading, including final grades for all
road allowances meet the requirements of the Engineered Site Plan and are approved by
the Municipal Engineer.
Roads
7. a. The Owner, or its consulting engineer, shall ensure that any proposed excavation,
construction, entrance or exit installation, demolition, etc. will not interfere with or be in
conflict with the location and/or depth of any existing underground facilities, including
sewers,pipelines, or 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 Owner, or its Engineer, shall obtain field locates from the
appropriate 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. The approved road
allowance grades from street line to street line shall be maintained at all times to the
grades, levels, specifications, requirements and satisfaction of the Municipal Engineer.
Inspection and Completion of Works
8. Upon the completion of required off-site works, which are located within the boundary of
the said Lands, the Owner shall cause a Certificate of Completion to be delivered to the
Municipality in the following form:
[remainder of page intentionally left blank]
Provincial Park Sewer Services Installation & Connection Agreement Page 4
Certificate of Completion of Works
To: The Corporation of the Municipality of Bayham
For good and valuable consideration now paid by the Owner, the receipt and sufficiency
of which I/we hereby acknowledge, I/we hereby certify that the municipal sewer services
and connection constructed pursuant to the Agreement between the Municipality and Her
Majesty the Queen as represented by the Minister of Natural Resources,
Registered as Instrument No. and pertaining to the property known
municipally as 9 Wilson Lane have been:
6 inspected during construction in accordance with standard engineering practice; and
• constructed in accordance with the Engineered Site Plan and specifications
approved by the Municipal Engineer.
Dated, signed and sealed at , Ontario, this day of
20
Registered Professional Engineer (Ontario)
Provincial Park Sewer Services Installation & Connection Agreement Page 5
Sewer Services Permit
9. The following documents are to be provided by or for the Owner to the Municipality prior
to any commencement of construction:
a. Engineered Site Plan including grading and drainage approved by the Municipal
Engineer showing the final grades of all lands and roadways.
b. all permits including a sewer services permit and authorizations (including utility
locates) which have been obtained by the Owner at its expense;
Security, Capital Charges and Operating Fees
10.
10.1 Security
Upon application for any Water/Sewer Services permit, and before commencing any
works on Municipal lands including road allowances, the Owner shall provide the
Municipality with any required performance security as follows, to be held by the
Municipality until all of the obligations of the Owner have been discharged:
a) In relation to sewer line installation, connection and road
reconstruction/restoration, documentation is required in the form of an email from
the Port Burwell Provincial Park Superintendent to the Municipality that
acknowledges that the Owner is responsible for a $5,000 performance security
obligation, in the event the Owner does not complete the work and services herein
required by this Agreement in accordance with the Engineered Site Plan or in
accordance with an approved variance from the Engineered Site Plan_
The aforementioned performance security obligation, should it be required, may be in the
form of cash, cheque or an irrevocable letter of credit from a chartered bank.
10.2 Capital Charges
Upon execution of this Agreement, the Municipality will invoice the Owner for the
municipal sewer services constructed pursuant to this Agreement and the Owner shall pay
a sanitary sewer connection charge, including the maximum frontage charge, in the
amount of$33,120.00.
10.3 Operating Fees
The full septage receiving disposal fee applied to the said Lands, at half the regular rate, will
be indexed annually, as applicable.
The full septage receiving disposal fee would apply in the event that both liquid effluent
combined with solids are discharged.
Municipal water/wastewater staff will have weekly access to the Provincial Park meter
chamber on the said Lands to confirm weekly volumes and effluent quality.
In the event that the weekly volume of 18m3 per week, applied at half the septage receiving
disposal fee, during the months of May, June, September and October are exceeded, an
Provincial Park Sewer Services Installation & Connection Agreement Page 6
additional rate of 1.5x half the septage receiving disposal fee, will be applied on the total
excess amount up to a maximum of 20m3 per week only.
In the event that the monthly volume of 72m3 per month, applied at half the septage
receiving disposal fee, during the months of July and August are exceeded, an additional
rate of 1.5x half the septage receiving disposal fee will be applied on the total excess
amount to a maximum of 80m3 per month only.
Should the septage disposed at the Park exceed the excess amounts of 20m3 per week and/
or 80m3 per month, as applicable, service maybe terminated by the Municipality upon 30
days written notice to the Owner, or, upon agreement of both parties,may be re-negotiated.
Default
11. In the event of Owner default of any of its material obligations under the Agreement
which the Operator fails to remedy within 60 days following written notice from the
Municipality to remedy without justification„ it is specifically anticipated by the parties
that the Municipality will, at its sole discretion, contract for completion of all remaining
works and services affected by such default, 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
such remaining works and services, these shall be completed according to priorities
identified by the Municipality. In the event that the Municipality determines that all such
remaining 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 Owner on its behalf and on
behalf of its heirs, successors and assigns, releases the Municipality from any liability in
connection with arrangements for completion.
Workplace Safety and Insurance Board Coverage
12. The Owner agrees, at its own expense, to 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 works or services undertaken
pursuant to this Agreement for which such coverage is required by law.
Insurance
13.
(a) The Owner agrees to maintain insurance or require her contractors to maintain
insurance in sufficient amount and description as will protect the Owner and the
Municipality from claims for damages, personal injury including death, and for
claims from property damage which may arise from the Owner's operations pursuant
to this Agreement, including any act or omission of the Owner's contractors, 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 Owner covenants and agrees that:
Provincial Park Sewer Services Installation & Connection Agreement Page 7
(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) 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
14.
(a) The Owner shall comply with all of the applicable 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, if
these holdbacks and funds apply to the actions subject to this Agreement. Further,
any applicable holdbacks and funds shall not be disbursed except in accordance
with the said Act.
(b) The Owner shall, at its' 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
Owner and their servants, employees, agents, contractors and subcontractors.
(c) The Public Works Manager 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 as a
result of the Owner default of its obligation under Section 14(b) of this
agreement.; and
(ii) to pay to the Municipality any amounts owing to it pursuant to this Section.
15. [Intentionally left blank]
Provincial Park Sewer Services Installation & Connection Agreement Page 8
Other
16. 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.
17. 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.
18. No effluent shall be discharged into the sewer system until such time as the Owner
Certificate of Completion of Works, referred to in Section 8 above, has been filed with
the Municipality.
Notice to Subsequent Owners
19. 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 Development Charges Act, 1997, S.O. 1997, c. 27, 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
20. This Agreement shall be registered by the Owner at the expense of the Owner, against the
said Lands, 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 said Lands. The Owner shall cause a duplicate registered copy
and a Solicitor's Certificate to be delivered to the Municipality in the following form:
[remainder of page intentionally left blank]
Provincial Park Sewer Services Installation& Connection Agreement Page 9
Certificate of Solicitor
TO: The Corporation of the Municipality of Bayham
FROM: "Company Name"
street address
RE: The Sewer Services Installation and Connection Agreement between the
Owner and The Corporation of the Municipality
For the sum of TWO DOLLARS($2.00) and other good and valuable
consideration, I hereby certify that Minister ofNatural Resources is the registered
owner of the lands described in the Sewer Services Installation and Connection
agreement between Her Majesty the Queen in right on Ontario as represented by
the Minister of Natural Resources and The Corporation of the Municipality of
Bayham 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.
Dated in the of , County of
this day of _ 20
"Company"
By its solicitor
Name:
Firm:
Provincial Park Sewer Services Installation & Connection Agreement Page 10
Binding
21. The covenants, agreements, conditions and undertakings herein contained on the part of
the Owner shall run with the said Lands and shall be binding upon the Owner and upon
the Owner's administrators, successors and assigns, as owners and occupiers of the said
Lands from time to time and shall be appurtenant to the adjoining highways in the
ownership of the Municipality. This Agreement shall enure to the benefit of and be
binding upon the parties and their successors and permitted assigns.
Assignment
22. Neither party is permitted to assign rights and obligations under the Agreement without
the prior written permission from the other, which shall not be unreasonably withheld.
Expiry
23. In the event that no construction of the sewer line connection has commenced within five
(5) years from the date of registration of this Agreement, the Municipality may, at its
option, on one month's prior written 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
24. 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.
Termination on Notice
25. The Owner reserves the right to terminate this Agreement, without cause, upon thirty(30)
calendar days prior notice to the Municipality.
Termination for Non-Appropriation
26. If this Agreement extends into a Fiscal Year subsequent to its execution, continuation of
this Agreement is conditional upon an appropriation of moneys by the Legislature of
Ontario (the "Legislature") sufficient to satisfy payments due under this Agreement. In the
event that such moneys are not available as a result of: (i) non-appropriation by the
Legislature for the Fiscal Year in which payment becomes due; and (ii) the payment being
neither charged nor chargeable to an appropriation of the Legislature for a previous Fiscal
Year, the Owner may terminate the Agreement upon giving notice to the Municipality.
Termination shall become effective on the date of the beginning of the first Fiscal Year
for which funds have not been appropriated.
Provincial Park Sewer Services Installation & Connection Agreement Page 11
Notices
27. Unless otherwise stated in this Agreement, all Notices required to be provided pursuant to
this Agreement must be delivered as follows:
Notices to the Owner must be delivered to:
Rhonda Card, Park Superintendent
Port Burwell Provincial Park
9 Wilson Lane, Box 9, Port Burwell ON NOJ 1 TO
Phone: 519-874-4691 x221
Fax: 519-874-4104
Email: rhonda.card@ontario.ca
Notices to the Municipality must be delivered to:
Lynda Millard, Clerk
Municipality of Bayham
Box 160, 9344 Plank Road
Straffordville, ON NOJ 1YO
Phone: 519-866-5521
Fax: 519-866-3884
Email: lmillard@bayham.on.ca
28. Each Party may change their designated representative and contact information for the
purpose of this section provided that it promptly notifies the other Party in writing of the
new representative and contact information.
29. Notices shall be deemed to have been effectively received on the date of personal delivery
or delivery by courier service, or in the case of an e-mail transmission, on the day that the
Party sending the message receives a message issued by the e-mail system of the intended
recipient of the message confirming that the intended recipient has opened or read the
message, or in the case of service by registered mail five (5) days after the date of
mailing.
FIPPA/MFIPPA
30. The Owner acknowledges that it is bound by the Freedom of Information and Protection
of Privacy Act(Ontario) and that any information provided to the Owner in connection
with the Agreement is subject to disclosure in accordance with that Act.
31. The Municipality acknowledges that it is bound by the Municipal Freedom of
Information and Protection of Privacy Act(Ontario) and that any information provided to
the Municipality in connection with the Agreement is subject to disclosure in accordance
with that Act.
Provincial Park Sewer Services Installation& Connection Agreement Page 12
Governing Law
32. This Agreement and the rights, obligations and relations of the Parties shall be governed
by and construed in accordance with the laws of the Province of Ontario and the
applicable federal laws of Canada. Any actions or proceedings arising in connection with
this Agreement shall be conducted in Ontario.
Entire Agreement
33. This Agreement constitutes the entire agreement between the Parties with respect to the
subject matter contained herein and supersedes all prior oral or written representations
and agreements.
Modification of Agreement
34. The Agreement may only be amended by a written agreement duly executed by the
Parties.
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 1 HER MAJESTY THE QUEEN IN
) RIGHT OF ONTARIO AS
REPRESENTED BY THE MINIST '
) OF NATURAL RESOURCES
1
) Py •
) Name: ITAM 7',
Title .<
in the presence of )
t,_/�� ,� _ ) ''/.4
Witness y Date
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Per:
/d/U,/
'C' LL;tit)
Paul ns, Mayor
}
Per: 01
Lynda Millard, Clerk
Date: .? Li, 2_0 I 1.74
Provincial Park Sewer Services Installation & Connection Agreement Page 13
Appendix "A"
DESCRIPTION OF LANDS
Lands are more particularly described as:
Assessment Roll#34-01-002-002-01300
Municipal Address: 9 Wilson Lane (Priv), Port Burwell Provincial Park, Municipality of Bayham
Legal Description: Concession 1, South Part Lots 8, 9, 10, Plan 12, Part Unsubdiv Lot 10
RP11R2446, Part 5 RP 11R3199, former Village of Port Burwell,
Municipality of Bayham, County of Elgin
Provincial Park Sewer Services Installation & Connection Agreement Page 14
Appendix "B" (Attached)
Engineered Site Plan showing the proposed trailer sanitary dumping station location, a pumping
station with a flow meter(Park owned and maintained) to eject effluent to the sanitary sewers,
grading, access and the sanitary sewer works location within the street allowances from the
manhole#73 on Addison Street to the property line of the said Lands.
Provincial Park Sewer Services Installation & Connection Agreement Page 15
Appendix "C"
The Contractor's estimated total construction cost for the sanitary sewer installation and
connection is $100,000 with $10,000 of that within the Municipal road allowance.
I
RECONSTRUCTION OF TRAILER SANITARY DUMPING STATION PORT BURWELL PROJECT NO.212 002 I OF 7
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