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By-law No. 2010-046 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2010- 046 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN CLIFFORD AND MARLENE NOELS AND THE MUNICIPALITY OF BAYHAM WHEREAS subsection 41(2) of the Planning Act, R.S.O. 1990 Chapter P.13 provides in part that where in an official plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area. AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law pursuant to Section 41 of the said Planning Act. AND WHEREAS subsection 41 (4) of the said Planning Act provides in part that no person shall undertake any development in an area designated under subsection (2) unless the council of the municipality or, where a referral has been made under subsection (12), the Municipal Board has approved one or both, as the council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the execution of a site plan agreement is a condition of Elgin County Land Division Consent Application E39/09. AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary enter into a site plan agreement with Clifford and Marlene Noels. 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 Clifford and Marlene Noels affixed hereto and forming part of this By-law as Schedule tA, 2. THAT the executed agreement shall be registered at the owner's expense under the proper Land Titles Registry. By-law 2010-046 Page 2 READ A FIRST AND SECOND TIME this 6 79 day of 2010. READ A THIRD TIME AND FINALLY PASSED this CSL day of 2010. fap_ AA _AA A AM\ _ dI ��M ' CL 'RK SCHEDULE 'A' SITE PLAN AGREEMENT BETWEEN CLIFFORD AND MARLENE NOELS (NOELS CONSTRUCTION) 8525 Sandytown Road Con 7 NTR Part Lot 123 Roll # 34-01-000-004-09201 AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM THIS AGREEMENT made this 6th day of May , 2010. BETWEEN: CLIFFORD AND MARLENE NOELS (NOELS CONSTRUCTION) 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 Part of Lot 123, Concession 7 NTR, more particularly described in Attachment"A" attached hereto (and hereafter referred to as the "Lands"); AND WHEREAS the Official Plan of the Municipality of Bayham in effect, designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to obtain lands through Consent E39109 from the adjacent owners and develop the lands in accordance with the Site Plan attached hereto, as Attachment "C" (and hereafter referred to as the "Plan"); AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a site plan agreement with Clifford and Marlene Noels of Noels Construction. NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows: 1. The Owner agrees that no building permit will be available until the Plan has been approved by the Municipality, and further agrees that work will not commence prior to the issuance of the building permit. 2. The following Attachments, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, are hereby made a part of this Agreement, as fully and to all intents and purposes as though recited in full herein: ATTACHMENT "A"—LEGAL DESCRIPTION OF SUBJECT LANDS ATTACHMENT "B" - CERTIFICATE OF COMPLIANCE ATTACHMENT "C" - SITE PLAN AND SITE SERVICING PLAN 3. Attachment"A"hereto describes the lands affected by this Agreement. 4. Attachment"C"- Site Plan and Site Servicing Plan, shows: a) the location and height of all buildings and structures existing and/or to be erected; b) the location of vehicular entrances and exits; c) the location and provision of off-street vehicular loading and parking facilities, including driveways for emergency vehicles; d) walkways and all other means of pedestrian access; e) the location and provision of fences, trees and all ground cover or facilities for landscaping the lands and protecting the adjoining lands and shows the lighting including flood lighting, of the land or any building or structure thereon; f) the location and provision for the collection and storage of garbage and other waste material g) lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); h) location of utilities within the road allowance and site connections to these utilities; i) building finished floor elevations (if deemed necessary by the Municipality); j) other information as required by the Municipality 5. The Owner agrees that the building or buildings will be erected (if applicable) 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) final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer, prior to the final release of the Letter of Credit. b) all necessary provisions for service connections on site will be made to the satisfaction of the Municipality. c) construction work will be carried forward expeditiously in good and workmanlike manner, in accordance with good trade practice and so to cause a minimum of nuisance. d) all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible, be taken and which comply with The Construction Safety Act. e) all necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street, and where such tracking occurs, the street shall be cleaned at the end of each working day. f) garbage disposal facilities will be an enclosed type located as shown on the Site Plan designed in a manner satisfactory to the Municipality. g) unless otherwise provided, all parking lots and walkways will be fmished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the property limits. h) no topsoil shall be stockpiled on any other portion of the Owner's lands except those lands identified in Attachment"A" to this agreement; and all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds; and the Municipality may go in and do the same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. i) stock-piling of snow will not be allowed on the site where it will constitute a hazard in the opinion of the Municipality. j) the electrical servicing of the property shall be subject to the approval of Hydro One. k) upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. 1) 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. m) nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-law of the Municipality or any other law. 8. The Owner shall: a) be responsible for consulting with Hydro One regarding any matters that relate to services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatory bodies such as, but not limited to, the Long Point Region Conservation Authority, the Ministry of the Environment and the County of Elgin, as deemed necessary. 10. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s)to the satisfaction of the Municipality's Fire Chief. 1.1. The Owner agrees to pay for damages to public property including but not limited to municipal drain, ditches, street surfaces, sidewalks, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undertaken by the Municipality at the expense of the Owner, within thirty(30)days notice. 12. Any and all lighting shall be installed and maintained so as to not, in the opinion of the Municipality, interfere with the use or enjoyment of adjacent properties, or with the safe flow of traffic on abutting or adjacent streets. 13. The Owner shall landscape and maintain plants and ground cover acceptable to the Municipality, on those lands so indicated on the Site Plan,Attachment"C". 14. If the Ontario Building Code requires that an Architect or Professional Engineer or both, shall be responsible for the field review of any new building or extension, provided for in this Agreement, the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension, until after an Architect or Professional Engineer has given to the Municipality, a letter addressed to the Municipality, and signed by the said Architect or Professional Engineer, certifying that all construction and/or services on or in the said lands, required for this development or redevelopment, newly installed by the Owner in connection with this development or redevelopment, have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. 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. 16. In the event of any servant, officer or agent of the Municipality, determining, upon inspection, that the development is not proceeding in the strict accord with the plans and specifications filed, such servant, officer or agent shall forthwith, place a notice requiring all work to be stopped upon the premises and forward a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 17. 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. 18. 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. 19. 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. 20. In the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section 17 or after notice of an opinion, which the Council of the Municipality of Bayham determines is correct, under Section 17, the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner, after two (2) week's notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll of passage of such By- Law, that such matter or thing be done by the Municipality, at the expense of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit deposited as performance security. 21. 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. 22. The Owner agrees to pay to the Municipality all administration costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 23. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Municipality with a Liability Insurance policy in the amount of $2,000,000 per occurrence, and in a form satisfactory to the Municipality, indemnifying the Municipality from any loss arising from claims for damages injury or otherwise, in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force, until the development is complete and all required documentation as per Article 15 has been filed with the Municipality. 24. PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be on or before May 6, 2011. It will be the Owner's responsibility to require, in writing, an extension to this agreement/project, within sixty (60) days of the above stated completion date, should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Municipality with a Letter of Credit, equal to $ nil . The Letter of Credit will be based on the estimated cost of alterations to public property, roadway, curbs and gutters and drains, and any repairs for damages to public property, roadway, sidewalks, curbs and gutters and drains, plus all site specific components as defined by the Site Plan and Site Servicing Plan, "Attachment "C", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Municipality at any time or in part, from time to time, upon written notice from the Municipality, shall be provided at the time of signing of this Agreement, and shall remain in force, until Twelve (12)months following the completion of this project. 25. 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. 26. In the event that no construction on the said lands has commenced within one (1) year from the date of registration of this Agreement the Municipality may, at its option, on one month's notice to the owner, declare this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re- negotiated. 27. 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. 28. 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. 29. 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. 30. 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. 31. A Certification of Compliance attached hereto as Attachment "B", shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and duly attested to by their authorized signing officers in that behalf. / r 1 An s weer ifford Noels 71(07epe )1(Y1 )/GoL) Owner—Marlene Noels THE CORPORATION OF THE MUNICIPALITY OF BAYHAM I� AA Lynn ;re, Mayor 4-)zio\Y6'\ Lynda Millard, Clerk ATTACHMENT 'A' Property Assessment Roll No.: 34-01-000-004-09201 Municipal Address: 8525 Sandytown Road Legal Property Description: Concession 7 NTR Part Lot 123,RP 11R4205 Part 1 and 11R8944 Part 1, Municipality of Bayham, County of Elgin ATTACHMENT "B" THE CORPORATION OF THE MUNICIPALITY OF BAYHAM CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: 8525 Sandytown Road Owner(s): Clifford and Marlene Noels 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. 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LRO#11 Notice Receipted as CT79629 on 2012 0319 at 10:19 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 13 Properties P!N 35337- 0328 LT Description PT LT 123 CON NTR BAYHAM PT 1 11R4205 AND PT 1 1188944;MUNICIPALITY OF BAYHAM Address 8525 SANDYTOWN ROAD,R.R.#1 STRAFFORDVILLE 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 NOELS,CLIFFORD ARCHIE Address for Service 8525 SANDYTOWN ROAD, R.R.#1 STRAFFORDVILLE,ONTARIO NOJ 1Y0 This document is not authorized under Power of Attorney by this party. Name NOELS,MARLENE ELEANOR Address for Service 8525 SANDYTOWN ROAD, R.R.#1 STRAFFORDVILLE,ONTARIO NOJ 1Y0 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 ENNS,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 David Bradley Bennett 38 Broadway,Box 5 acting for Signed 2012 03 19 Tillsonburg Applicant(s) N4G 4H3 Tel 5198423658 Fax 5198425001 I have the authority to sign and register the document on behalf of the Applicant(s). .<O#11 Notice Receipted as CT79629 on 2012 03 19 at 10:19 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 13 Submitted By GIBSON BENNETT GROOM&SZORENYI 36 Broadway,Box 5 2012 03 19 Tillsonburg N4G 4H3 Tel 5198423658 Fax 5198425001 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Applicant Client File Number: B10-284 Party To Client File Number: B10-284