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By-law No. 2007-009 2 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2007-009 A BY-LAW TO AUTHORIZE THE EXECUTION OF A SEWER SERVICES DEVELOPMENT AGREEMENT BETWEEN 598013 ONTARIO LTD. (BEAUSOLEIL)AND THE MUNICIPALITY OF BAYHAM 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 598013 Ontario Ltd. (Brad Beausoleil) is the owner of lands in Part Lot 123, Concession North of Talbot Road, being PART 1 on Plan 11R-8413, Village of Straffordville in the Municipality of Bayham. AND WHEREAS the said owner has made applications for consent to create four village residential building lots (County of Elgin Land Division Committee Applications E35/06, E36/06, E37/06 and E38/06). AND WHEREAS the County of Elgin Land Division Committee has granted the subject applications, subject to conditions including the condition that the owner execute a sewer services development agreement for the lots. AND WHEREAS prior to development occurring on the subject lands, certain services, namely installation of sanitary sewers and the completion of satisfactory plans, are required. 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 598013 Ontario Ltd. (Beausoleil), affixed hereto and forming part of this By-law and marked as Schedule"A". READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF JANUARY 2007. • lr 1 MAY " -- d~xs+ AC'e- CLERK -(.,.d o.-hr-N SCHEDULE"A"TO BY-LAW 2007-009 THIS AGREEMENT made in triplicate this/g"11flay of January 2007. BETWEEN : 598013 ONTARIO LTD. of the Municipality of Bayham, in the County of Elgin, Hereinafter called the"Owners" OF THE FIRST PART and- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the"Municipality" OF THE SECOND PART WHEREAS the Owners represent that they are the registered owners of the lands and premises in Part Lot 123 Concession NTR, Village of Straffordville, in the Municipality of Bayham, in the County of Elgin, being more particularly described in Schedule "A" attached hereto (hereinafter called the "said Lands"); AND WHEREAS the Owner is desirous of subdividing a portion of the said Lands as more particularly set out on a plot plan marked as Schedule"B"attached hereto showing the lots to be created; AND WHEREAS a Consent to Sever was granted by the County of Elgin Land Division Committee on June 28, 2006 for applications E35/06, E36/06, E37/06 and E38/06 conditional upon (inter alia) the entering into of an agreement dealing with services for the lots to be created; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Municipality to the Owners,the receipt and sufficiency whereof is hereby acknowledged, the Owners covenant and agree with the Municipality to do and perform at their own expense the following matters and things: Municipal Engineer 1. Wherever the phrase"Municipal Engineer"is used throughout this Agreement,it shall mean the Municipality's Chief Building Official,the Municipality's Water/Wastewater Superintendent, or the Municipality's Public Works Superintendent or such other person as the Council of the Municipality may from time to time appoint to deal with the administration of this Agreement. List of Schedules 2. The following Schedules are hereby declared to form part of the Agreement between the parties: Schedule Description "A" Legal description of the said Lands. "B" Drawing showing the proposed lotting pattern. "C" Plan showing the facilities,works and services to be provided on the said Lands. Zoning 3. The Owners' shall immediately apply for a Zoning By-law amendment(removal of holding symbol) as required by the Consent to Sever decision. The arrangements contemplated in this Agreement are conditional upon removal of the holding provision. The Municipality agrees to consider the proposed application in the context of these arrangements. -2- Access 4. Access to the lots to be created shall be at the location approved by the Municipal Engineer. The maximum driveway width for any property shall be 20 feet. As-Constructed Drawings S. The Owners shall provide for the Municipality records "as-constructed"drawings to the satisfaction of the Municipality for municipal services installed by the Owners. These drawings shall be submitted in a satisfactory form prior to the release of any performance bond or security required by this Agreement. Plans and Specifications 6. Plans and specifications tor all works and services herein required to be done by the Owners shall be first submitted to the Municipal Engineer in a form satisfactory to him and such work shall not be commenced until the Municipal Engineer has received such plans and specifications and has expressly authorized, in writing, such work to commence. All works and services shall be constructed and installed strictly in accordance with the said plans and specifications, all to the satisfaction of the Municipal Engineer. The Owners agree to construct all services and provide other requirements which will be known only after the details of the engineering design are submitted to the Municipality. The Municipal Engineer may require, in writing, such variance from such plans and specifications as may be required by conditions which may be disclosed as the work progresses, and by sound engineering practice. The works and services required to be done by the Owners, including but not limited to engineering and restoration works, shall be wholly at the expense of the Owners except as may be otherwise herein expressly provided. Water Supply and Sewers 7. a. Sanitary sewers shall be constructed of such size,type,position and extent as are shown on the plans and specifications provided in Schedule C which have been approved by the Municipal Engineer. Any material changes to be made to these plans and specifications shall require approval by the Municipal Engineer in writing, such approval not to be unreasonably withheld. Storm sewers,if required by the Municipality shall be constructed of such size, type,position and extent as are shown on the plans and specifications approved by the Municipal Engineer or otherwise required by him in writing. The Municipal Engineer may require this work to be done by a contractor whose competence is approved jointly by the Municipal Engineer and the Owners, at the expense of the Owners. It shall be the responsibility of the Owners to provide a satisfactory outlet for said storm sewers, if required, and sanitary sewers (which for the purpose of this Agreement, shall mean the nearest approved Municipal sewer outlet). b. Sanitary sewers,with sanitary private drain connections shall be constructed to the lot line of the subject lands. c. Storm sewers including catch basins and connections, if required by the Municipality, shall be provided and connected as shown on the approved plans and specifications. d. If the works lead to the installation of storm or sanitary sewers,to be assumed by the Municipality,located on easements over private property(including land owned by the Municipality that is not a road allowance), all sanitary sewer manholes shall be located in a location acceptable to the Municipal Engineer in order to facilitate maintenance of the sanitary sewer system by the owners, and all storm sewer manholes shall be placed in easily accessible areas if not placed in paved parking lots or driveways. • e. The Owners agree to notify their consulting engineer in the event that any existing sewer or drain is encountered during the progress of construction. The Owners further agree to have its consulting engineer investigate the matter and comply with the recommendations of its consulting engineer as approved by the Municipal Engineer's Department with respect to the sewer or drain encountered, such as connecting the existing sewer to a new sewer being constructed or into another existing sewer, at no cost to the Municipality. Adequate sewer easements are to be provided to the Municipality if necessary. The Owners shall also ensure that there is no interruption to any subsurface drainage flow because of construction on the site which would have an adverse affect on neighbouring properties. Should such an -3- interruption occur,the Owners shall carry out any necessary remedial work to correct the problem as recommended by its consulting engineer and to the satisfaction of the Municipal Engineer, at no cost to the Municipality. f. Connection charges are payable before any dwelling unit is connected to the public(sanitary) sewer system. Such charges are payable prior to issuance of a building permit,in accordance with the fees and charges in force and effect at the time of application for such building • permit. Sewer Ownership 8. The Owner acknowledges and agrees that the Municipality will not accept ownership nor allow connections of any type until the works are completed to its full satisfaction, and such determination is at the sole discretion of the Municipality. Grading and Drainage Plans 9. The Owners shall prepare and deposit with the Municipality a grading and drainage plan approved by the Municipal Engineer showing the final grades of all roadways. Any lands designated for drainage works and all drainage facilities shall be indicated on such plan to the satisfaction of the Municipal Engineer. The Owners shall agree to carry out or cause to be carried out the recommendations of the grading and drainage plans,which shall form part of this Agreement as Schedule"C". Roads 10. a. The Owners, or their consulting engineer, shall ensure that any proposed excavation, construction, entrance or exit installation, demolition, etc. will not interfere with or be in conflict with location and/or depth of any existing underground facilities,including sewers, pipelines,mains on street allowances or private rights-of-way, services,meter and regulator installations,valve boxes, cathodic protection test points, etc. In instances of apparent conflict, the Owners, or their consultant, shall obtain field locates from the appropriate commission,utility or agency. b. All streets and walkways, if any, shall be graded, including fill or excavation as required by the Municipal Engineer to their full width of the allowance before any building permit will be issued and the approved road allowance grades from street line to street line shall be maintained at all times to the grades and levels and to the specifications and requirements and to the satisfaction of the Municipal Engineer until the date of passing of the by-law assuming the said streets and walkways. Inspection and Completion of Works 11. Upon the completion of required off-site works, the Owners shall cause a Certificate of Completion to be delivered to the Municipality in the following form: Certificate of Completion of Works To: The Corporation of the Municipality of Bayham For good and valuable consideration now paid by the Corporation of the Municipality of Bayham (hereinafter called the "Municipality'), the receipt and sufficiency of which I/we hereby acknowledge, I/we hereby certify that the municipal services constructed pursuant to the Agreement between the Municipality and 598013 Ontario Ltd., Registered as Instrument No. and pertaining to the property known municipally as _ have been: inspected during construction in accordance with standard engineering practice; and constructed in accordance with plans and specifications approved by the Municipal Engineer. Dated and sealed at , Ontario, this day of , 200 Registered Professional Engineer(Ontario) -4- Building Permits 12. No applications shall be made for building permits and no building permit will be issued until the following materials have been received by the Municipality's Engineer: a. A survey prepared by a qualified Ontario Land Surveyor showing all necessary setbacks in compliance with Zoning By-laws; b. a grading and drainage plan approved by the Municipal Engineer showing the final grades of all lands and roadways. c. all permits and authorizations have been obtained by the Owner at its expense; d. the Security has been lodged with the Municipality; e. other conditions to be considered by the Council and listed here. Security 13. Before applying for any building permit, or commencing any works on Municipal lands including road allowances,the Owners shall provide the Municipality with performance security as follows to be held by the Municipality until all of the obligations of the Owners have been discharged: a) In relation to sanitary sewer services and road reconstruction/restoration,in the amount of Thirty-two Thousand dollars($32,000) The security may be in the form of cash or an irrevocable letter of credit from a chartered bank. In the case of cash,the Municipality shall hold funds in an interest bearing account,with interest accruing to the Owners. In the case of a letter of credit, the form and content of same shall be satisfactory to the Municipality. Default 14. In the event of Owners' default(as determined by the Municipal Engineer), it is specifically anticipated by the parties that the Municipality will, at its sole discretion, contract for completion of all required works, services and other obligations, such that all expenses including administration shall be conducted without cost to the Municipality. In the event that the funds available by means of the security are insufficient to permit the completion of all remaining works and services, these shall be completed according to priorities identified by the Municipality. In the event that the Municipality determines that all works and services cannot be completed with available funds,the Municipality may, in the alternative,defer completion at its discretion,pending more favourable proposals, tenders or completion arrangements. The Municipality has no obligation to complete works for which funds are not available and the Owners on their behalf and on behalf of their heirs, successors and assigns,releases the Municipality from any liability in connection with arrangements for completion. Workplace Safety and Insurance Board Coverage 15. The Owners agree that they shall at their own expense procure and carry or cause to be procured and carried and paid for, full Workplace Safety and Insurance Board coverage for all workers, employees, servants and others engaged in or upon any work undertaken pursuant to this Agreement for which such coverage is required by law. Insurance 16. (a) The Owners agree to maintain insurance or require their contractors to maintain insurance in sufficient amount and description as will protect the Owners and the Municipality from claims for damages, personal injury including death, and for claims from property damage which may arise from the Owners' operations pursuant to this Agreement, including any act or omission of the Owners' agents or employees while engaged in any activity pursuant to this Agreement and such coverage shall include all costs, charges and expenses reasonably incurred for any injury or damage. (b) In addition to the foregoing,the Owners covenant and agree that: Beausoleil Development Agmt -5- (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. Construction Liens 17. (a) The Owners shall comply with all of the provisions of the Construction Lien Act, R.S.O. 1990, c. C.30, as amended from time to time and without limiting the generality of the foregoing, shall hold in its possession all the statutory holdbacks and any additional funds required to be held by the said Act. These holdbacks and funds shall not be disbursed except in accordance with the Act. (b) The Owners shall, at their own expense, within ten (10) days of receiving written notice from the Municipality to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens and all preserved or perfected liens, made, brought or registered pursuant to the Construction Lien Act, R.S.O. 1990, c. C.30, which affect any lands of the Municipality, including public highways and road allowances, and which arise out of the performance of this Agreement by the Owners and their servants, employees, agents, contractors and subcontractors. (c) The Owners shall indemnify and hold harmless the Municipality from all losses, damages, expenses, actions, causes of actions, suits, claims, demands and costs whatsoever which may arise either directly or indirectly by reason of any failure, neglect or refusal by the Owners to comply with the Construction Lien Act, R.S.O. 1990, c. C.30, and arising out of the performance of this Agreement by the Owners and their servants, employees, agents, contractors and subcontractors. (d) The Public Works Superintendent for the Municipality may at any time, authorize the use of all or part of the securities required pursuant to this Agreement, including cash deposit or letters of credit: (i) to pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought or registered pursuant to the Construction Lien Act, R.S.O. 1990, c. C.30, which affect any lands, including public highways and road allowances of the Municipality in the event the Owners default on the performance of this section; and (ii) to pay to the Municipality any amounts owing to it pursuant to this section. Indemnification 18. The Owners shall indemnify and save harmless the Municipality against all losses, damages, claims, actions,demands, suits, costs and interest incurred which arise directly or indirectly from anything done in connection with this Agreement,whether in performance of, outside of or contrary to this Agreement. Other 19. Entry into this Agreement with the Owner shall in no way fetter legislative or administrative discretion of the Municipality or of any of its officers or staff with regard to the approval or administration of any matters in connection with any development on the said Lands. 20. The Owner understands and agrees that there shall be no work performed except in conformity with all applicable by-laws and Provincial and Federal legislation and regulations, and this Agreement does not exempt the Owner from any applicable statute,regulation, or code of any legislative, administrative, or governmental authority, and the owner shall obtain and pay for all permits. Beausoleil Development Agmt -6- Notice to Subsequent Owners 21. The owner agrees that any payments made or works installed pursuant to this agreement shall not be deemed to be development charges of any sort whether under the provisions of the Development Charges Act or a by-law thereunder, or pursuant to any front-ending provisions of that Act. It is further agreed that the Owner shall not make any claims whatsoever against the Municipality or any other land owner of any lands for a contribution or reimbursement in any way for any monies expended by the Owner to effect the works. Registration 22. This Agreement shall be registered on title to the Lands,by the Owner, at his expense. The Owner shall cause a duplicate registered copy and a Solicitor's Certificate to be delivered to the Municipality in the following form: Certificate of Solicitor TO: The Corporation of the Municipality FROM: "Company Name" RE: street address type of agreement(site plan, condominium, subdivision)Agreement between company name and The Corporation of the Municipality For the sum of TWO DOLLARS($2.00) and other good and valuable consideration, I hereby certify that "company"is the registered owner of the lands described in the type of agreement between company and The Corporation of the Municipality which was registered on date as Instrument Number at the Land Registry/Land Titles Office Number at I further cert fy that the lands described in the said agreement are the lands intended to be subject to the agreement and that the agreement binds the owner and its successors in title. I further certify that at the time of registration, the owner's title was subject to a mortgage in favour of(list any mortgages, liens and assignments-if none, leave paragraph out). Dated in the City of , County of , this day of , 200 . "Company" By its solicitor Name: Finn: Binding 23. The covenants, agreements, conditions and undertakings herein contained on the part of the Owners shall run with the Land and shall be binding upon the Owners and upon the Owners' heirs, executors, administrators, successors and assigns, as owners and occupiers of the Land from time to time and shall be appurtenant to the adjoining highways in the ownership of the Municipality and this Agreement shall enure to the benefit of and be binding upon the appropriate authority and its successors and assigns. Beausoleil Development Agmt -7- Assignment 24. Neither party is permitted to assign rights and obligations under the Agreement without the permission from the other,which shall not be unreasonably withheld. Expiry 25. In the event that no construction of the sanitary sewer 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 notice to the owner, declare this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re-negotiated. Separate Covenants 25. All of the provisions of this Agreement are intended to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate clause hereof. Should any provision of this Agreement be adjudged unlawful or not enforceable,it shall be considered separate and severable from the Agreement and its remaining provisions as though the unlawful or unenforceable provision had not been included. Municipality's Expense 26. The Owners shall reimburse the Municipality for expenses incurred in the preparation of the Development Agreement, on or before January 31, 2007. 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 ) I am authorized to bind the Corporation in the presence of /de ) 5 0 ONTARIO LTD. ) BRADLEY BEAUSOLEIL, CEO ) ) M 1-2- '7 ) Date ) ) ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) Per: } Per: a. ', A ,• ,, ) Cl' ,-an.s)ar, ) e lL) Beausoleil Development Agmt -$- Schedule"A" DESCRIPTION OF LANDS Lands in the Village of Straffordville, Municipality of Bayham, County of Elgin more particularly described as: Part Lot 123, Concession North of Talbot Road, being PART 1 of Registered Plan 11R-8413, specifically PARTS 1 to 5 of Registered Plan 11R-8705, Municipality of Bayham, formerly Township of Bayham, County of Elgin CAUTION: SKETCH - LAND DIVISION APPLICATION I THIS IS NOT A PLAN OF SURVEY Plan OF PART OF =—�,-�"` roR TRANSACTION SHALL OR r TGAGT BE EE URPO ,ES. LOT 123, CONCESSION NORTH OF TALBOT ROAD IN THE GEOGRAPHIC TOWNSHIP OF BAYNAM MUNICIPALITY OF THE ,, TOWNSHIP OF BAYHAM t 210 6 - 58/06 ®-.1 COUNTY OF ELGIN :_. _____ R 1 SCALE.- 1 : 1000 metric 1; 1 e �� 0 5 tO 25 50 100 metres mat mmonnommus THIS SKETCH IS PROTECTED BY COPYRIGHT 4 4 NOTE THIS SKETCH IS PREPARED FROM COMPILED AND CALCULATED INFORMATION, _ NOT FROM AN ACTUAL SURVEY. DISTANCES SHOWN HAVE NOT BEEN VERIFIED. °t NOO'28'20'E 129.924(42&2 ) • 27.432 —4.— 27.432 —4.—20.196—1— 27.432 --.— 27.432 ' ill.":"..1.7'-'14' R -4 T , X - i ,.3 OS ill Z 1:1f3C 04 o o $ o O o TO : ''5; .I` ® 1 Z � PR 11 to ..c X .4 �. � y 13 . � GII ^a4 2. i t . M N 20 - s 47' ,= I .327 03 2 ) t 27.432 --.{.---- 2W) � 2 --.�.—20.1996--•I•— 27,432 —.}._ 27.43,)2 --4. 57.043 N00'28 20"E 186.967 - ROAD ROAD ALLOWANCE BETWEEN LOTS 123 AND 124 % BYLAW 99-16) BAKER & BENED/CT SURVE 17NG INC. Ontario Land Surveyors WOODSTOCK - ONTARIO TEL (519) 537 6212 S PLAN ARE ngxr MR. BRAD BEAUSOLEIL INVERTED TO o �n+► u Rr MET t or t 0.3048 crwFac n a r a I)RAVIPG IC. 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NN-EN MMOPAE NOLL NIMES 1MM POSSIBLE RCM EGAD aMOE Urn"-SCALE NOMI. T:700.uEm. TIBC MUNICIPALITY OF BAYHAM-STRAFFOROVIRLE e EPO=ar.TACT SEM ala NOME , p EWIaATMN Elslna MOW SEM co.. . . SCSI.Cam Ps -- PRIMED SWAM DNNAM.MONO w - .T.._. BEAUSOLEL SEVERANCES a o PROPOSED rNNOpc CAST O --"r C -a a AEE wE1 Q CJ D LCATOM9A ` ----- 12124,2 A PaCPG�a •p..1.PENNER SANDYTOWN ROAD Di - •- GASMAN P' Emma MEMNa_CM A OOE=MIEN F 'NNWPWaDaEMT ConsiWwewloNes SANITARY SEWER EXTENSOR -aP--ao- I11sED NTONG �. E.TIN nawNEE.GoAB Sas TREE aMD MMITS Aa taara a PM a __ NEEP 1M14194 a —— ICOM 7 DE MMT a EAR41/IMIEa AREA • "•�a4a•T• •T"•d n rm.P O DOMaY: ■r cars GT: C14O®Oml.P STAMEN 0+680 TO 57A1i0N 0+842 1.N MMPAL Na at FOCIO 8 RIMED ELEVATIONS Ma M.Sai OAR or PROJECT NO.asa Srn IT:Mo ME an SID DAI M it ' _ of Province Document General D '� ' l or.. Form 4-Land Registration Reform Act (1) Registry © Land Titles ❑ (2) Page 1 of 12 pages J (3) Prodenttflrer(s) Block Property Additional: See Com-- tires Schedule ❑ _i (4) Nature of Document ti`" el? I,p.u/ C C `' ., (5) Consideration a. z c� - Two dollars Dollars$ 2.00 D CD (6) Description o e. Part Lot 123, Concession North Talbot Road, " : J '- Parts 1 to 5 on 11R-8705 - Former Township of Bayham L; w Municipality of Bayham, County of Elgin Registry Division of Elgin (No. 11) New Property identifiers Additional: See Schedule ❑ Executions (7) This (a) Redescription 3(b)Schedule fon Additional: Document New Easement Additional Seeheadula ❑ Contains Plan/Sketch ❑ 1 Description 111 Parties ❑ Other❑K (8) This Document provides as follows: See Agreement attached between 598013 Ontario Ltd. and The Corporation of the Municipality of Bayham which is authorized by and is attached as Schedule "A"to By-law No. 2007-009 Continued on Schedule ❑X (9) This Document relates to instrument number(s) (10) Party(les) (Set out Status or interest) Name(s) Signature(s) Date of Signatu :.:_i______ r P IGI E 598Q1.S ONIARIQ_LTII._ Per.-2: � /" �� 2007 02 ;26 • By their Solicitors Murray R. Borndahl .NESBITI_.CQLILTER i l (11) Address . for Service 183 Thames Street South, P. O. Box 55, Ingersoll, Ontario N5C 2T6 (12) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D I � I i I f E I € ; (13) Address for Service i (14) Municipal Address of Property (15) Document Prepared by: r Fees and Tax J Sandy Town Road Murray R. Borndahl 07-068 O Registration Fee Straffordville, Ontario Nesbitt Coulter LLP n 183 Thames Street South D w Ingersoll, Ontario n N5C 2T6 0 O cc Total Certificate of Solicitor TO: The Corporation of the Municipality of Bayham FROM: Nesbitt Coulter LLP RE: Sandytown Road, Straffordville, On Part of 123, Concession North Talbot Road Pts 1 to 5 on 11R-8705 In the Geographic Township of Bayham, Municipality of Bayham Sewer Services Development Agreement between 598013 Ontario Ltd and The Corporation of the Municipality of Bayham For the sum of TWO DOLLARS ($2.00) and other good and valuable consideration, I hereby certify that 598013 Ontario Ltd. Is the registered owner of the lands described in the Sewer Services Development Agreement between 598013 Ontario Ltd and The Corporation of the Municipality of Bayham which was registered one-no-€-0-'101°, as Instrument No. Lr Ce co 7, at the Land Registry Office for Elgin No. 11. 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 successor in title. Dated in the Town of Ingersoll, County of Oxford, this day of April ,2007 598013 Ontario Ltd. By its solicitor Murray R. Borndahl Nesbitt Coulter LLP