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HomeMy WebLinkAboutBy-law No. 2008-027 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY—LAW NO. 2008 — 027 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT FOR THE EXTENSION OF THE WATER MAIN AND INSTALLATION OF A STORM SEWER SYSTEM ON UNION STREET IN THE VILLAGE OF VIENNA, WITH BERNHARD AND SARA HARMS 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 water distribution and . storm water; AND WHEREAS the Municipality of Bayham has by By-law No. 2004-015 as amended, established rules and regulations for the operation and maintenance of a system of waterworks in the Municipality including the connection thereto; AND WHEREAS the said owners,Bernhard and Sara Harms,have made application for consent to create two Village Residential building lots (County of Elgin Land Division Committee Application E52107)of which a condition requires a storm sewer system along Union Street; AND WHEREAS the lands are zoned Village Residential — Holding (Rl-h) requiring that the owner execute a development agreement for the extension of the municipal water main along Union Street from Fulton Street north to Ann Street to service the proposed lots; AND WHEREAS the Council of the Municipality of Bayham deems it necessary to approve an Agreement to permit such extension and street upgrades by by-law; 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 Bernhard and Sara Harms affixed hereto and forming part of this By-law and marked as Schedule "A", being an agreement to extend the Municipal water system and install a storm sewer system within the Municipal street known as Union Street in the Village of Vienna. 2. THAT the executed agreement shall be registered under the Land Titles Act for the Registry Division of Elgin(No. 11). READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF FEBRUARY 2008. Ali Add• ILIIL! MAYO 4 CLERK THIS DEVELOPMENT AGREEMENT FOR WATER EXTENSION & STORM SEWER SYSTEM made in duplicate thisAlsf day of F912.'Jr y 2008. BETWEEN : BERNHARD AND SARA HARMS 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 6 and Lot 7, Registered Plan 54, west side Union Street, Village of Vienna, in the Municipality of Bayham, in the County of Elgin, being more particularly described in Attachment "A" attached hereto (hereinafter called the"said Lands"); AND WHEREAS the Owners are desirous of subdividing a portion of the said Lands as more particularly set out on a plot plan marked as Attachment "B" attached hereto showing the lots to be created; AND WHEREAS the proposed lots are required to connect to the municipal water system,the Owner is required to extend the water main to service the said Lands as more particularly set out on a drawing marked as Attachment"C" attached hereto; AND WHEREAS the Municipality has determined that a storm sewer system along the road allowance identified as Union Street, between Fulton Street and Ann Street, requires a storm sewer system as more particularly set out on a drawing marked as Attachment"C" attached hereto; 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 I. 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 Attachments 2. The following Attachments are hereby declared to form part of the Agreement between the parties: Attachment Description "A" Legal description of the said Lands. "B" Drawing showing the proposed lotting pattern. "C" Plan showing the water main services and storm sewer system to be provided on the said Lands. "D" Grading Plan Zoning 3. The Zoning designation being Village Residential-Holding(R1-h)Zone on the said lands permits the development as residential lots once full municipal servicing and storm sewer system has been confirmed through a Development Agreement and the Holding provision removed. 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 5. 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 for 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 Main Extension and Storm Sewer System 7. a. Water Main Extension and Storm Sewer System shall be constructed of such size,type, position and extent as are shown on the plans and specifications provided in Attachment"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. b. 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. The Owners shall also ensure that there is no interruption to any subsurface drainage flow because of construction on the site that would have an adverse affect on neighbouring properties. Should such an 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. c. Connection charges are payable before any dwelling unit is connected to the public water 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. -3- Water Main 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 included in Attachment"D". 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 certift that the municipal water services and storm sewer works constructed pursuant to the Agreement between the Municipality and Bernhard and Sara Harms 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) 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: Harms Development Agreement -4- 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 water main extension and road reconstruction/restoration,in the amount of Thirty-six Thousand Dollars ($36,000) b) In relation to storm sewer system and road reconstruction/restoration, in the amount of Twenty-One Thousand Seven Hundred Dollars ($21,700) The security may be in the form of cash,performance bond or an irrevocable letter of credit from a chartered bank. 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: (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) Harms Development Agreement _5_ 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 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. 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 Harms Development Agreement -6- 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 owners and The Corporation of the Municipality For the sum of TWO DOLLARS($2.00)and other good and valuable consideration, I hereby certify that Bernhard and Sara Harms are the registered owners of the lands described in the type of agreement between Ben and Sara Harms and The Corporation of the Municipality ofBayham 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. 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 at County of , this day of 2008. "Company" By its solicitor Name:-Firm: 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. 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. Harms Development Agreement _7_ Expiry 25. In the event that no construction of the agreed upon works 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 March 21,2008. 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 ) 4 ,4/ ) Bernhard Harms, Owner in ,esem. a of ) ) OM' 43-zek1 ':.-�.l Sara Harms, Owner itn :s ) r ) Date ) ) ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) Per: (1_' } Lynn AJ-e,Mayor Per: ez- ) Lynda Millard, Clerk Date Harms Development Agreement _8_ Attachment"A" DESCRIPTION OF LANDS Lands in the Village of Vienna, Municipality of Bayham, County of Elgin more particularly described as: Part Lot 6, Plan 54, more specifically PARTS 4 and 5 of Registered Plan 11R-8847 and Lot 7, west side Union Street, Registered Plan 54, in the Municipality of Bayham, formerly Village of Vienna, County of Elgin i‘ !f nA aChnien'r Y3 . I REQUIRE RES PLAN TO 111 PIAN 11R—48 -1 1-- WOWED U CER 11 LAND LEY 1111131 ACT MUMS N10 0003Tm ,90,1, it TT we NOVEMBER 1 2007 DATE td%we: '- A if DwW�'ir71TiCS°DPAAW K 1qN,"" w LOT w a g .s } PART SCHEDULE a y_ _PART LOT PLAN P.I.N. AREA - ;y,h a I 11460 9., SQUARE FEET 0 V. 11 i PNET of . 2 LOM nae 8 s Ate a SQUARE FEET y HEST OF PART Of —_ _ ___ _ __ _ __ 1 3 111ROX 51 30J]a ` SQUAT y� TM c -OSt4 LOT 7 ed°ry 4 S SQUARE FEET 2 ' 15 FEET 2 Z KS MARE Z V.• PARTS 7,;3,S AND 0 COMPRISE PART DF.P.M 36332 i-0012 ° _ j S. - z x PLAN OF SURVEY OF "c'' ' PART OF LOTS 5 AND 6 q WEST OF UNION STREET 3CFEWE vi9.•9 ON(�.�'' ■'I r' a .i NORTH OF FULTON STREET 1P2 le 9T) / --6 341A9• (P9 a En � REGISTERED PLAN 5 4 NDRINEA07 COMER OF MUN1pPALlTY OF L LOT 6 REST OF UNION `� 0 STREET,MASTERED PLAN 61 h BAYH AM `` `` s COUNTY OF ELGIN ° u PART 5 I°I 7 d 30% ti Q1,, 13 SCALE— 1 INCH .. 30 FEET AEE7 S CD 0� IMPERIAL CATS BE 2Tm ro 11lETwRm s emir M1PI."�°"`9a RY aw+e° r Z O 8 21� [� ROS SF'10•M 241.91 0 4. E1J 1^ H n le o `1 PART 4 z i r , N OE'46'60.• (11) 211.91 r 0 •'� 9196 19' a_10 73.33 . 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I I Ai__II, z ' '"1411? fA I P arummoo FIRST ALLEY /0 i ' .44: " i_ 1 1 1-1 7L____________:_________;,1 ,s llil II 11 • .1011 III fiu'i14-1 1 1 4 (a,' 0 1 1!.4 la . 1 I 1 �I''� I 1 �\ I I t" A. i �i01 . • A PIE P # it' Ill' i f1,,„[.$1 I I _�/ / ii„ 1 _, IES Off ° i r ice , , ri istiiiiiiiiii 1 G ovt .t1P I ,y iiii m ��r!! irk i� i 1 Ili s. 71 ii i 14 qui_ . ii p ,I ga ,e ii" II 0 e 1,11 !! i1 i! 1 0 , �+ a I 1 II lid 1 I IP • I ,r hci�� jr_,--.L- 'vivo iaj MAY-27-2008 15:45 FROM:DOYLE & PRENDERGAST 5197651728 T0:519 866 3884 P.2/3 0. • — LRO# 11 Notice Under S.71 Of The Land Titles Act Receipted as CT25870 on 2008 03 07 at 14:1$ The applicant(s)hereby applies to the Land Registrar yyyy mm dd Page 1 of 2 'Properties PIN 35332- 0622 LT J Affects Part of Prop Description PART OF LOT 6 W/S UNION ST.N/S FULTON ST.PLAN 54 DESIGNATED AS PARTS 4&5, 11 R-8847;BAYHAM Address BAYHAM Consideration , , 1 Consideration $2.00 Applicants) The notice 1s based on or affects a valid and existing estate, right,interest or equity in land Name HARMS,BERNHARD NEUFELD Address for Service 54591 Eden Line, R.R.#4,Aylemr,Ontario N5H 2R3 This document is not authorized under Power of Attorney by this Pally, Name HARMS,SARA NEUFELD Address for Service 54591 Eden Line, R.R.#4,Aylmer, Ontario N5H 2R3 This document is not authorized under Power of Attorney by this party. Parry TO(s) Capacity Share Nene THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service P.O.Box 160,Straffordville,Ontario NOJ 1YO I,Lynn Acre,Mayor and I, 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 may be deleted by the Land Registrar after 2013/03/07 Schedule: I,Michael Doyle,am the solicitor for Bernhard Neufeld Harms&Sara Neufeld Harms. I confirm that the applicants are the registered owners of the lands described as PART OF LOT 6,W/S UNION ST. N/S FULTON ST.PLAN 54 DESIGNATED AS PARTS 4 &5, 11R8847; BAYHAM,and that the Notice being registered relates to an interest in land and I hereby apply under Section 71 of the Land Titles Act for the entry of a Notice in the register for the said parcel. The address of service for the applicants Is:54591 Eden Line, R.R.#4,Aylmer,Ontario N5H 2R3 Signed By James William Michael Doyle 10 Sydenham Street East acting for Signed 2008 03 07 Aylmer Applicant(s) N5H 1L2 Tel 519-773-3105 Fax 5197851728 Submitted By DOYLE&PRENDERGAST 10 Sydenham Street East 200$03 Q7 Aylmer N5H 1L2 Tel 519-773-3105 Fax 5197651728 Fees/Taxes/Payment . • , u,i ■ i i i . .inn,....��n.,��w,.rr�.r.r.�-rr.��..�m Statutory Registration Fee $60.00 Total Paid $60.00 MAY-2?-2008 15:45 FROM:DOYLE 8, PRENDERGAST 5197651728 TO:519 866 3884 P.3/3 LRO# 11 Notice Under 5.71 Of The Land Titles Act Receipted as CT25870 on 2008 03 07 at 14:18 The applicant(s)hereby applies to the Land Registrar yyyy mm dd Page 2 of 2 File Number Applicant Client File Number: R 23431/07 Party To Client File Number: R 23431107