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HomeMy WebLinkAboutBy-law No. 2014-070 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2014 - 070 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN DANIEL AND MARGARITHA TOBLER 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 existing buildings and structures 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). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a site plan agreement with Daniel and Margaritha Tobler. 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 Daniel and Margaritha Tobler 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 against the land to which it applies under the Elgin# 11 Land Titles Registry. READ A FIRST AND SECOND TIME this 19th day of June 2014. READ A THIRD TIME AND FINALLY PASSED this 19th day of June 2014. 19AdflO MAYOR CLERK Site Plan Agreement— Tobler SITE PLAN AGREEMENT BETWEEN DANIEL AND MARGARITHA TOBLER Concession 10 Part Lot 15 Roll # 34-01-000-005-16110 AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Site Plan Agreement—Tobler THIS AGREEMENT made in duplicate this 19th day of June 2014. BETWEEN: DANIEL AND MARGARITHA TOBLER 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 Lot 15, 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 Committee of Adjustment for the Municipality of Bayham granted Minor Variance A-08/13 on October 17, 2013 with the condition to enter into a site plan agreement with Daniel and Margaritha Tobler; 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"); 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 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 Site Plan Agreement—Tobler 2. Attachment"A"hereto describes the lands affected by this Agreement. 3. Attachment"B"hereto filed by the Owner confirming all works are complete. 4. Attachment "C" - Site Plan and Site Servicing Plan, shows: a) the location and height of all existing buildings and structures; b) the location of vehicular entrances and exits; c) the location and provision of off-street vehicular loading and parking area, including driveways for emergency vehicles; d) building finished floor elevations; e) all structures showing dimensions and setback measurements f) all existing and proposed surface water drainage [see 7(a)] g) all existing and proposed property lighting and fencing 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: a) A proposed surface water drainage plan shall be provided for the area of the property from the road allowance to twenty-five (25) feet behind the workshop. The plan will include all existing drainage from all buildings and any proposed surface water drainage including the installation of eavestroughs to the south side of the existing workshop. Final grades and elevations will be established to the satisfaction of the municipality. The Owner shall provide an "as-constructed" grading plan as proof of final grades and elevations, certified by a professional land surveyor or civil engineer. b) The eight (8) foot wooden privacy fence shall be extended to continue westerly to a measurement of 25' west of the workshop's southwest corner matching the existing fence line approximately one (1) foot north of the lot line. At the Owners' discretion proposes to extend fencing easterly to front lot line. c) 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. The existing wall sconce light on front of workshop shall be lowered to 3.66m above ground. Site Plan Agreement—Tobler d) For the purpose of noise abatement the Owner shall install insulation throughout the workshop ceiling to complement the existing R-12 batten wall insulation. e) The hours of operation for the Agricultural Home Occupation shall be limited to the hours of 8:00am— 5:00pm from Monday to Friday. f) To reduce vehicle emissions the Owner shall restrict business related vehicles to maximum 10 minutes idling time. g) 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. h) the Owner shall be responsible for consulting with Hydro One regarding any matters that relate to the electrical servicing of the property and it shall be subject to the approval of Hydro One. i) 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 as municipal taxes. j) 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. k) 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 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. 9. 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. 10. 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 Site Plan Agreement—Tobler 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. 11. In the event of any servant, officer or agent of the Municipality,upon inspection,be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided. 12. 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. 13. 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. 14. 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. 15. 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. 16. The Owner agrees to pay to the Municipality all administration costs incurred in connection with this Agreement averaging $350.00. The fulfillment of this Agreement, including legal, engineering and inspection costs are at the Owner's expense. 17. PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be completed on or before June 19, 2015. It will be the Owner's responsibility to require, in Site Plan Agreement—Tobler writing, an extension to this agreement/project, within thirty (30) days of the above stated completion date, should an extension be required. 18. 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. 19. In the event that no construction on the said lands has commenced within two months from the date of municipal approval 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. Site Plan Agreement---Tobler IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and duly attested to by their authorized signing officers in that behalf. • % k. -� + i s,ess Daniel Tobler, Property Owner Ill". 7 + Witn. s Margaritha Tobler, Property • , er THE CORPORATION OF THE MUNICIPALITY OF BAYHAM itiafj Paul Ens, Mayor Lynda Millard, Clerk Site Plan Agreement—Tobler ATTACHMENT 'A' Property Assessment Roll No.: 34-01-000-005-16110 Municipal Address: 11887 Elliott Road Legal Property Description: Concession 10 Part Lot 15, Municipality of Bayham, County of Elgin PIN# Site Plan Agreement Tobler ATTACHMENT `B' THE CORPORATION OF THE MUNICIPALITY OF BAYHAM CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: 11887 Elliott Road Property Roll#: 34-01-000-005-16110 Owner(s): Daniel and Margaritha Tobler This document serves to certify that the development project on the above noted lands has been completed in accordance with the terms and conditions of The Site Plan Agreement By-law No. DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. Witness Daniel Tobler Margaritha Tobler Print name Address: Phone Number Sl7E PLAN SOME 1:700 ''••�N FOR: DANIEL TESLER METRIC °u „...4. we LIN PART OF LOT 15 CONCESSION 10 GEOGRAPHIC TOMNMIiP OF BAMAN LOT 8 °AI 'Y OF 15 PAE 35310M„ S COUNTY OF ELGIN CONCESS1O19 = (PART 7, PLAN HR-2580) PART 2 I 10 1-R 7994 / , QECEIVEfl ..1 , An,. 1 q7.011 �+ / �� e� • . '! _r� MUNICIPALITY OF R4111•iAM PART y <' ,;; �� �� � off''.a 3 `` 4 r RIR. mw mw 112 - r' 2580 .5 1 ', �1° # , 40: 1S)-----1/ '\ -4.-41104 -i''**."''''.''. C+ 8 li / 1 . ter~ 11,. (1 i--` 'N /1 "'IF 1 ="-„/J J ; 11/ •+� W.s.+ I k a L--- r /a >i m waPFir sac°°'°*,�,,,N°a, ', b �R mom '0 #� 1Na ''"'(DIT r-,Iw) Yom- ,o oee r 61 .�' , r $ to VfAN , cmc=ems•sx3"`� ! . 't r wNrm c0•.-L �� 1010 / _ �+' I X 7 IT. x. r , 73 eau 4 F ▪ s -- Zr _—_ -+,-.-s. A as N m? L �A 1rt / OEDGRAP1-11C 1 ` TOWNSHIP oa PART 2 OF HAYI-1AM R DIR 2580 PAR 36510 CAUTION�y� NOTES ©COMMIT 2015 KY Mullin MEMO LTD CAU 110N CO-NWWOflO MEN90NE.V6 IS MOM M N:1EWE1WI RAN 11N�a0 .AM w IRK.PEWEE*W MGM WM1ETI O KITRODICIKIK OLIERATIOE OR SSE(R"DK REPORT RI KKK WI N 01-Wit IE$QWAR COERCE MON Cl DOOR WI?AT K CAST,NIA Or tA,w EINEM P1kNN1wD INE CIA 5108 mama A ROK=RE}MTQI 0'2IAN,RDR An V651aL MY - 5 Her.KW EP:.mel m AAS an'Koff 4o SD..NPT KIM I"BUSTED SURVEYING LTD. K KED inn 1R.u1EAcnali 61 maw " U)-it a DE IR 12 n1 Tr W 11e AS IS 0111 m rle0A NDN ONTARIO LAND SURVEYOR -fn KIT aNCT KW KR RAR WWII DE m KKK WM Nem m EKKAla mu• 70 WWI 61FFE7.AlSgE1N4 ONTARIO.MIO 5J6 140-EISRY610510 RIMMED 510M1 d WOE KAMM d IMO NI-ElS'.SOS FAIN 1116-042-36361116-042-3636u me.fro New,cm2 J.M6 6,2014 PRO,ECT: 12-106175 REFERENCE:FILE --So LRD#11 Notice Receipted as CT105691 on 2014 07 29 at 10:07 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 13 Properties PIN 35340-0140 LT Description PT LT 15 CON 10 BAYHAM PT 1 11R2580;BAYHAM Address 11887 ELLIOTT ROAD EDEN Consideration Consideration $0.00 Applicant(s) The notice is based on or affects a valid and existing estate,right,interest or equity in land Name TOBLF�2.DANIEL Address for Service 11887 Elliott Road Tillsonburg,Ontario N4G 408 This document is not authorized under Power of Attorney by this party. Name TOBLER,MARGARET Address for Service 11887 Elliott Road Tillsonburg,Ontario N4G 4G8 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 Box 160 Straffordville,Ontario NOJ 1Y0 I,PAUL ENS,MAYOR AND LYNDA MILLARD,CLERK,have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. Statements This notice is pursuant to Section 71 of the Land Titles Act This notice is for an indeterminate period Schedule: See Schedules Signed By Michael George Charles Szorenyl 36 Broadway,Box 5 acting for Signed 2014 07 29 Tilisonburg Applicant(s) N4G 4H3 Tel 519-842-3658 Fax 519-842-5001 1 have the authority to sign and register the document on behalf of the Appticant(s). 'S LRO#11 Notice Receipted as CT105691 on 2014 07 29 _i 10:07 The appiicent(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 13 Submitted By GIBSON BENNETT GROOM&SZORENYI 38 Broadway,Box 5 2014 07 29 Tillsonburg N4G 4113 Tel 519-842-3658 Fax 519-842,5001 Fees/Tares/Payment Statutory Registration Fee $60.00 Total Paid $80.00 File Number Applicant Client File Number: 514..438 Party To Client File Number: 314.438 Site Plan Agreement—Toblcr SITE PLAN AGREEMENT BETWEEN DANIEL AND MARGARITHA TOBLER Concession 10 Part Lot 15 Roll#34-01-000-005-15110 AND THE CORPORATION OF THE MUNICIPALITY OF BAYRAM Site Plan Agreement—Tobler TINS AGREEMENT made ire duplicate this 192 dayof3une 2014. BETWEEN: DANIEL AND MARGARITRA TOBLER Hereinafter called the"OWNER" OF THE MST PART -AND- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hemmer called the"MUNICIPALITY"' OF THE SECOND PART WHEREAS The Owner is the owner in fee simple of the lands sib in the Municipality of Bayham,in the County ofBigim being Concession 10 Part Lot 15,more particularly described in Attachment'W'attached hereto(and hereafter referred to as the"Lands"); AND WHEREAS the Mill Plan of the Municipality of Bayham iter effect, deagonates the entirety of the Municipality as a site plan co of area; AND WHEREAS the Committee of Adjustment fox the Municipality of Bayham granted Minor Variance A-08/13 on October 17,2013 with the condition to enter into a site plan agreement with Daniel and Margaritha Tobler, 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"); NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars(S2A0)of lawful money of Canada by each to the other paid(the receipt whereof is acknowledged by each), the Owner hereby coves and agrees with the Municipality as Mows: 1. 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 fall herein: ATTACHMENT"A"—LEGAL DESCRIPTION OF SUBJECT LANDS ATTACHMENT"B"-CERTIFICATE OF COMPLIANCE ATTACHMENT"C"-SITE PLAN Site Plan Agreement—Tobler 2. Attachment"A"hereto describes the lands affected by this Agreement 3. Attachment"B"hereto filed by the Owner confirming all works are complete. 4. Attachment°`O"-Site Plan and Site Servicing Plan,shows: a) the location and height of all existing buildings and structures b) the location,ofvehicular entrances and exits c) the location and provision of off-street vehicular loading and parking area, including driveways for emergency vehicles; d) briding finished floor elevations; e) all strictures showing dimensions send setback measurements f) all existing and proposed surfitce water drainage[see 7(a)] 8} all existing and proposed property lighting and fencing 5. The Owner,agrees that the building or baridiugs 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 plans)as approved,subject only to such changes as have received advance approval. 7. The Owner further agrees that; a) A proposed surface water drainage plan shall be provided for the area of the property from the road allowance to twenty-five(25)feet behind the workshop. The include all existing drainage from all buildings and any propostad-' sudax water drainage including the installation of eavestrougbs to the south side of the existing work hop. Final grades and elevations will be established to the �on of the ranoicipality. The Owner shall provide an"as-constructed" grading plan as proof of final grades and elevations, certified by a professional land=wryer or civil engineer. b) The eight(8)foot wooden privacy fence shall be extended to cont ine westerly to a mammalant of 25' west of the workshop's southwest corner matching the existing fence line approximately one(1)foot north of the lotline.At the Owners' discretion proposes to extend fencing easterly to front lot line. c) 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 abating or adjacent streets. The existing wail sconce light on front of workshop shall be lowered to 3.66m above ground. Site Plan Agreement--Tobler d) For the purpose of noise abatement the Owner shall install insulation throughout the workshop ceiling to complement the existing R-I2 batten wall insulation. e) The hours of operation for the Agricultural Home Occupation shall be limited to the hours of 8:00am—5:00pm from Monday to Friday. f) To reduce vehicle emissions the Owner shall restrict business related vehicles to maximum 10 minutes idling time. g) construction work will be carded forward expeditiously in good and workmanhica manner,in accordance with good trade practice and so to cause a minimum of nuisance h) the Owner shall be responsible for consulting with Hydro One regarding any matters that relate to the electrical servicing of the property and it shall be subject to the approval of Hydro One. • i} upon fail=by the Owner to do any act daring 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 as municipal taxes. j) the Municipality may treat any breach of this Agreement as a brew of the ceding By-Law,and upon twenty-four(24)hours written notice to the Owner, stop work=Ltd the breach is rectified. k) nothing in this Agreement constitutes waiver of the owner's duty to comply with any'frv_lava of the Municipality or any other law. 8. The Owner agrees to pay for damages to public property including but not limited to municipal drain, ditches, street maces, sidewalks; stem 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. 9. The Muni,through its servants,officers and agents,including it's thief Binding Official,Fire fief,and Mrmicipal 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 ofmaintenaace as provided for in this Agreement 10.1n the avant of any servant, outer or agent of the Municipality,ipality, detering, upon inspection,that the development is not proceeding in the strict accord with the plans and specificatioas filed,such serrvant,officer or agent shall forthwith,place a notice requiring ' Site Plan Areemene—Tobler all work to be stopped upon the premises and forward a copy,by registered mail,to the Owner at the last!mown address,on the last revised assessment roll,and the Owner shall forthwith correct the deficiency or deviation. IL In the event of any servant,officer or agent ofthe Municipality,upon inspection,be of the opinion that the state of maintenance is not satisfactory, such servant,officer or agent shall thrthwith,forward notice of such opinion,by registered mail,to the Owner,at the last known address,and the Owner shall forthwith correst the deficiency or appeal to the Council of the MimicipalityofBaylram,ashereinafter provided. 12.In fie 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, whis& shall constitute a final determination of the matter. 13.In the event that the Owner shall fall to obey a stop work.order issued under Section 17 here;cr4 the Owner recograizes the right of the Municipality to apply to the Courts for a restraining order. 14.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 Baybaur determines is correct, under Section 17, the Council of the Municipality of Baybam,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 thelast revised assessment roll of passage of such By- Law,that such matter or thing be done by the Municipality, expense oftlee Owner, which expense maybe recoverable by action as municipal taxes. 15.Unless otherwise authorized,in the event of the Owner wishing to change at any time,the buildings;stractures or theffities described in Attachment"C°,it shall make application to the Conned of the Monicipality of Bayha i,for approval,and shall not proceed with such change until approval is given by sach Council,or is default by The Ontario Municipal Board,under the procedure set out in Section 41 of The Plowing Act,1990,herein before referred to. 16.The Owner agrees in pay to the Municipality all s strat ion• costs incurred in connection with this Agreement averaging$350.00. The fulfillment of this Agreement, including legal,engineering and inspection costs are at the Owner's expense. 17.PERFORMANCE GUARANTEE The Owner hely defines the completion date of this Agreement and project to be completed on or before dune 19,2015. It will be the Owner's responsibility to require,in Site Plan Agreemnt—Tabler writing an extension to this agreement/project,within thirty(30)days of the above stated completion date,should an e, tension be required. 18.This Agreement and the provisions theneoo do not give to the Owner or any person acquiring any interest in the said lands any rigs against the Municipality with respect to the fame of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its per£ourmance of the said obligations. ' 19.In the event that no construction on the said lauds has commenced within two months from the date of municipal approval 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,whe enpon the Owner agrees that it will not undertake any construction on the said lands ung this Agreement has been re-negotiated. 20.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 tnib cal the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant aid condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 21.The Owner agrees on behalf of themselves, their heirs, esecators, administrators and assigns,to save harmless and indemnify the Municipality,from all losses,damages,costs, charges and expenses which maybe claimed or recovered against the Municipality by any person or peter arising either directly or indirectly as a result of any action taken by the Owner,pursuant to this Agreement. 22.All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfctien f the Municipality and in accordance with the standards determined by the Muoicipality and in default thereo4 and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Muiidpeal Act,R.S.O.1990,shall apply. 23.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. 24.A Certification of Compliance attached hereto as Attachment 13*,,squall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. Site Plan A.gne tent—Tobler 3N WITNESS WHEREOF,the Parties hereto have hereupon, affixed their Corporate Seal,axtd duly attested to by their authorized signing offs in that brho if • If i Daniel Tobier,Property Owner / 11, / MArgaritba Tobler,Property er TSE CORPORATION OF THE MUNiC1PALITY OF BAYSAM Paul Ens,Mayor Lynda Millard,Clerk Site PIau Agreement—Tobler ATTA IIMJ NI< Property Assessment Rolf Noy 34-01-000-005-16110 Municipal Address: 11887 Elliott Road Legal Property Description Concessaon 10 Part Lot 15,Municipality of Bayltam, County of Elgin Pyr# 25340-- 0140 Site Plan Agreement—Tablet ATIrACI 'B' ON F Mt1 acIPALITY OF BAYHA CEITIFICATE'OF COMPLIANCE PROPERTY IDENTI>ICATiON: Municipal Address: 11887 Elliott Road Property UN: 34411-000-005-16110 Owns s): Daniel and Mgargatitba Tobler This document serves to certify that the development project as the-above'noted Lends has been completed IQ accordance with,the teams and conditions of The Site Plan Agreement By-law No. gooq 07Q DATED: J, 2(0) 24414• i$EItEBYCERTIFY THAT TF ABOVE DE IN + • - : ; "fie r_ � `.L. te,44,77r„' 4 • Witness Margaiiffia o€ier A:rive/ —7c:571/e."---- Addres / -57 r 8041009 6.-.1 r ---F 1 - "��'^' me DN 7G8C8 METHra rampmmAS1.` '°..... PART OF LOT 1S atcMcoggr ir r;i 41,ow 0 BAMlAl1 607 Auk ,a, i vs. COUNTY OF MIN PART '� coricgs810N 1 r MO/,FMN mamma11R 10 . 4" y 4 RECEIVED w JUN 1 0 2214 ti " - it.. , ,�fn DOWPAL1iYOFBAUM - to4:, PAR,. / — ."., ,V arm f ow u1r to. '!'JR . 82U0 ./ `... /r F.. 4 .� N nn .� ,r, agartee s M /11, f lYtii iii i all „..a... „ p ■r . a f� �11dk .. a .. \ YlYWIYk .._....•,.____---....i......— .�,..�-, ' r �,.. .a . � ,,z ; y 4, ' _ ...,,_ - il...e T;�_.,,! .. E.]-5 . _ .0 No. It rowUsmp .F'ART 2 OF BAYfL4M lin ' $Sect taw nn. - .. NOTES Fa I, .few Mu as utma MAW*am ChU110N .w-no mmom.k,..e.a.......... ... [I^.'afT�S5l6 r' a.a .w.uw.aS�.'.pn1`ae�:t4.13•,2•00••••Amt. .a-� aaa .o ;MD 511' '` 650. aetas.n. aa.nn..r.� p ,In 1.A1 -Mil Watt Ow/w..w �r i �V� 1: 1...•Fy'MI�'} � u CANADA ) IN THE MATTER OF THE TITLE ) ) REGISTRATION OF SITE PLAN ) DANIEL AND MARGARITHA TOBLER & THE ) CORPORATION OF THE MUNICIPALITY OF BAYHAM PROVINCE OF ONTARIO ) 11887 ELLIOTT ROAD, BAYHAM ) I, MARGARET TOBLER of the Mun. Of Bayham in the County of Elgin DO SOLEMNLY DECLARE: 1. THAT I am the owners/mortgagors herein and as such have knowledge of the matters hereinafter deposed to. 2 THAT I am a resident of Canada within the meaning of the Income Tax Act. 3. THAT 1,Margaret Tobler am one and the same person as Margaritha Tobler. 4. THAT I am the spouse of Daniel Tobler. ' AND I make this solemn declaration conscientiously believing itto be true and knowing that it is of the same force and effect as if made under oath and by virtue of the"Canada Evidence Act". DECLARED before me at at the Town of Tillsonburg,in the ) Marga o r County of Oxford this 09rNot day of 111 •14 A Cornmi- loner,etc. E-. i