Loading...
By-law No. 2010-090 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2010 -090 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SUBDIVISION AGREEMENT BETWEEN ABRAHAM AND EMMA PETERS AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR THE DEVELOPMENT OF A PLAN OF SUBDIVISION,KNOWN AS THE COUNTRY VIEW ESTATES, HAMLET OF NORTH HALL, MUNICIPALITY OF BAYHAM. THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the agreement affixed hereto as Schedule "A", being a subdivision agreement with Abraham and Emma Peters, is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the agreement is to be registered at the Land Registry Office. READ A First and Second time this?tk day ofA4$61,2010. READ A Third time and finally passed this 7 ' day of 4L, 2010. E IA PA . A 0 MAY f drJ.- .J Country View Estates Subd. Agmt. - .1 - Schedule"A"to By-Law No. 2010-y✓ a THIS SUBDIVISION AGREEMENT made in triplicate this 71k day of 2010. BETWEEN: ABRAHAM AND EMMA PETERS Hereinafter called the"OWNER OR SUBDIVIDER" OF THE FIRST PART AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "CORPORATION" OF THE SECOND PART WHEREAS, the Owner or Subdivider proposes to subdivide and register a Plan of Subdivision on property described as Part of Lot 7 Concession 8 and Part 1 on RP 11R7900, Municipality of Bayham, County of Elgin; the said proposed Plan of Subdivision, being appended as Schedule "A"to this Agreement; AND WHEREAS, this Agreement has been made as a condition of approval by the Ministry of Municipal Affairs and Housing of the Owner's or Subdivider's proposed Plan of Subdivision, MMAH File# 34-T-03001, named Country View Estates; AND WHEREAS, the Owner or Subdivider, has agreed with the Corporation to comply with their requirements with respect to the providing of services for the lands proposed to be subdivided and other matters hereinafter set forth; NOW THEREFORE, The Parties herein, in consideration of other good and valuable consideration and the sum of Two ($2.00) Dollars, of lawful money of Canada, by each to the other paid (the receipt whereof is hereby by each acknowledged), covenant and agree with the other as follows: 1. DEFINITIONS: (a) "Owner or Subdivider" shall include the applicant for the approval of a Plan of Subdivision, and the registered owner or owners in fee simple of the land for which the subdivision is proposed and/or their respective heirs, executors, administrators and assigns, and in addition to its accepted meaning, shall mean and include an individual, an association, a partnership, or an incorporated company, and wherever the singular is used herein, it shall be construed as including the plural. (b) "Council" shall mean the Municipal Council of the Corporation. (c) "Engineer" shall mean the Engineer of the Corporation and/or any such Engineer(s) as may be duly authorized and appointed by the Corporation. 2. SCOPE OF AGREEMENT The Owner or Subdivider agrees to complete at his own expense and in a good and workmanlike manner, for the Corporation, all the municipal services as hereinafter set forth to the satisfaction of the Corporation and to complete, perform, or make payment for such other matter as may be provided for herein. Country View Estates Subd. Agmt. -2 3. CONSULTING ENGINEERS (a) The Owner or Subdivider agrees to retain a Professional Engineer as the Consulting Engineer of the Owner or Subdivider, to carry out all the necessary engineering and supervise the work required to be done for the development of the subdivision. Such Consulting Engineer or a successor thereto, shall continue to be retained until the work provided for in this agreement is completed and formally accepted by the Corporation. (b) The Owner or Subdivider agrees that in the preparation of contract plans and specifications, the following procedure will be followed by the Consulting Engineer: (i) Design all the works covered by this Agreement. (ii) Prepare plans, profiles and specifications for the said works and to submit detailed plans, profiles and specifications to the Corporation for approval prior to the installation of such works. (iii) Obtain, in conjunction with the Corporation, all the necessary approvals required prior to the construction of such works. (iv) Obtain the approval of the Corporation, for the Contractor(s) for the said works. (v) Provide full time inspections during the construction of underground services and part time inspections as necessary for the surface work. (vi) Maintain all records of construction of the said works. (vii) Supply to the Corporation mylar reproductions of all the works as constructed by the Contractor. The drawings shall be to the scale or scales established by the Corporation's Engineer. (viii) On completion of construction of the said works, to supply the Corporation with a certificate that the execution of the said works was in accordance with the approved plans and specifications. This certificate will not be valid until signed by the Corporation, and the Corporation's Engineer. (ix) Supervise the construction of any remedial work required by the Corporation. (c) The Owner or Subdivider agrees with the Corporation that no public services will be installed prior to receiving, in writing, approval of the detailed plans and specifications by the Corporation. 4. LIENS The Owner or Subdivider shall cause to be discharged any lien registered and/or filed with the Corporation, pursuant to the Construction Lien Act, R.S.O. 1990, (Ontario) as amended, in respect to any of the works undertaken by the Owner or Subdivider. The Owner or Subdivider shall pay any legal costs, fees and disbursements howsoever incurred by the Corporation, in connection with any such lien, whether or not there are reasonable grounds for registration of the lien by the lien claimant. In the event the Owner or Subdivider fails to discharge any such lien or fails to pay any such cost, fees and disbursements, incurred by the Corporation in connection with such lien, the Corporation may make arrangements to discharge the lien by taking such actions as it see fits, acting in its sole discretion. If the Owner or Subdivider fails to reimburse the Corporation in connection with any costs incurred, pursuant to this paragraph, the Corporation shall have the right to realize on the Performance Guarantee provided by the Owner or Subdivider under paragraph 17 of this Agreement. Country View Estates Subd. Agmt. -3- 5. EASEMENTS Upon completion and acceptance of the Plan of Subdivision, the Owner or Subdivider shall: (i) dedicate the road allowance shown as Part 1, Reference Plan 11R-7900 on the draft Plan, as a Public Highway connecting to an open public road known as Eden Line (County Road 44); (ii) provide the Corporation with such rights and easements as it may require for storm sewers, storm drainage and other utility purposes; (iii) provide Hydro One, EastLink Inc. or Bell Canada, Union Gas and/or Natural Resource Gas with such easements as each of them may require for hydro, telephone, and television cable and natural gas utility purposes. Any such transfer, pursuant to (i) above, shall be in fee simple and for nominal consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Corporation's Solicitor, and title to such lands shall be good and free from all liens and encumbrances. The rights and easements granted pursuant to (ii) and (iii) above, shall be for nominal consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Grantee's Solicitor, and the title to lands over which the rights and easements are granted, shall be good and free from liens and encumbrances and if required by the Grantee's Solicitor, the consent of the Committee of Adjustment, to such rights and easements shall be obtained by the Owner or Subdivider. The Owner or Subdivider, agrees that forthwith, after registration of any transfers of title, pursuant to (i) above, and any grant of rights and easements, pursuant to (ii) and (iii) above, it shall provide to the Transferee's Solicitor or Grantee's Solicitor, a Certificate of Opinion of Title of the lands in respect of which such transfer and rights and easements are granted, in a form satisfactory to the Transferee's or Grantee's Solicitor, such Certificate or Opinion to be given by a Solicitor authorized to practice Law in the Province of Ontario. The Owner or Subdivider agrees to provide the Corporation with a mylar copy of the reference or survey plan designating the lands in respect of which such transfers of title and grants or rights and easements are given. The lands to be transferred and the lands over which rights and easements are to be given, pursuant to Section 5 and (i) (ii) and iii) above, shall, on the registration of the Plan, be in a clean and tidy condition, graded as required, and if necessary, stabilized against erosion. After such lands or such rights and easements are so transferred, the Owner or Subdivider shall not use or permit the use of such lands for the storing of topsoil or any excavated material or equipment except with the written consent of the Corporation, and in the event of default, the Corporation, after giving the Owner or Subdivider such notice as it considers reasonable, may remove such soil, material or equipment and the cost thereof shall be paid by the Owner or Subdivider to the Corporation. 6. PRIVATE SEPTIC SYSTEM PERMITS Prior to issuance of a building permit on a lot within the plan of subdivision,the Lot Owner shall provide to the Municipality,to the satisfaction of the Municipality,the following: 1. a sewage disposal report,prepared by a qualified engineer, indicating that specific recommendations regarding the specific sewage disposal system for the lot, 2. confirmation that the system to be installed will be capable of reducing the nitrate levels to 24mgll, 3. a 2-year service contract with a qualified contractor to ensure the long term operation and maintenance of the system. Country View Estates Subd. Agmt. -4 7. STORM SEWERS (a) The Owner or Subdivider agrees to construct a complete storm sewer system or systems, including storm connections to the street line where required, in the opinion of the Corporation, and catchbasins and leads to service all the lands in the said Plan of Subdivision, and adjacent road allowances, according to designs approved by the Corporation, and according to the specifications of the Corporation, in effect at the date hereof, and the Owner or Subdivider shall maintain them, including clearing any blockages until they are formally accepted by the Corporation. Such sewers shall be constructed to an outlet or outlets according to designs approved by the Corporation and shall be of sufficient size, depth and at locations within the limits of the subdivision or on adjacent road allowances, to service the subdivision, and any lands adjacent to the subdivision, which, in the opinion of the Corporation will require their use as trunk outlets. (b) The Owner or Subdivider agrees, at its expense, to construct and the Corporation to maintain a stormwater management system regulated through the Drainage Act which is approved by all regulating agencies and which provides an adequate stormwater management system for all lands within the Plan. 8. ROADS—PAVED The Owner or Subdivider agrees to construct all the roads as shown, on the said Plan of Subdivision, according to the proposed servicing schedule and specifications for paved roads of the Corporation in effect at the date hereof and to maintain them until the Corporation formally accepts them. The specifications for boulevard grading shall apply to existing streets adjacent to the said Plan of Subdivision. 9. ROAD GRADES,ETC. (a) Before actual construction begins proof must be tixrnished by the Owner or Subdivider or his/her agents that the road grades have been approved by a certified Ontario Land Surveyor or Engineer in order that the road bed, storm sewers and appurtenances will be laid to the proper grade. (b) When, in the written opinion of the Corporation, it is necessary to change the said road grades the Owner or Subdivider agrees to grade the road to sub-grade in the manner and at the time stipulated by the Corporation in accordance with the specifications of the Corporation, and to restore the streets to their original condition prior to the change in the grade. (c) GRADE The Owner or Subdivider agrees to grade, to the Corporation's specifications, to the full width, all road allowances as shown on the said Plan of Subdivision, prior to the installation or construction of the relevant municipal services provided for herein. The Owner or Subdivider further agrees to keep the boulevards clear and free of all materials and obstructions that might interfere with the installation of electric, telephone, gas or other utilities. The Owner or Subdivider will be responsible for any change in grade of any street up to 150 feet from the proposed Plan of Subdivision where the change is reasonably necessary to service a street within the subdivision. 10. CURBS AND GUTTERS The Owner or Subdivider agrees to construct rollover curbs and gutters on all the streets as shown on the said Plan of Subdivision and on all existing streets adjacent to the said Plan of Subdivision, subject to Section 9 (a) of this agreement, according to the specifications of the Corporation in effect at the date hereof, and to maintain them until they are formally accepted by the Corporation. If any curb depressions are not located correctly with respect to a driveway, the Owner or Subdivider shall construct a curb Country View Estates Subd. Agmt. -5- depression in the correct location and replace the original according to the said specifications. 11. SIDEWALKS Not required. 12. PRIVATE WELLS The Owner or Subdivider shall advise all perspective purchasers in all offers of purchase and sale that individual wells are to be constructed and developed to ensure that ground water supplies are protected from contamination by septic systems, surface pollutants and meet the turbidity levels complying with the Ministry of the Environment's drinking water objectives. 13. LOT GRADING, SODDING, LANDSCAPING (a) The Owner or Subdivider agrees to grade, provide top soil and sod the portion of the street allowances lying between the front property line of lots and the curb save and except any portion of the street allowance within the driveway. The Lot Owner shall sod or seed the front yard of each of the lot except for paved or planted areas, upon the completion of the construction of dwelling thereon. The Manager of Public Works must approve any exception to this requirement in writing. Said sodding must be in conformity with the grading control plan as set out on Schedule `D' attached hereto. (b) Before house construction proceeds beyond the basement level, the Consulting Engineer or an Ontario Land Surveyor shall provide the Corporation with a certificate confirming the foundations are: (i) in conformity with the footing and top of foundation wall elevations, shown on the approved Grading Plan; (ii) sited entirely on the correct lot and conforms to the applicable Zoning By- Law. Site surveys are to be attached to the certificate. (Field notes in lieu of a siting survey will be accepted at this time to allow construction to proceed.) Certification of foundation elevations by the Consulting Engineer or Ontario Land Surveyor shall be taken to mean conformity with the approved Grading Plan with a tolerance of 150 mm., and will include verification of top of foundation wall, any steps in the foundation(if applicable) and the garage sill. Non-conformance to either siting or foundation elevations shall be brought to the Corporation's attention for further direction, prior to proceeding with any further construction. The Consulting Engineer or Ontario Land Surveyor shall then provide the Corporation with preliminary lot certificates advising that the lot grading conforms to the approved Grading Plan and is approved for sodding or seeding. Prior to the release of any lot grading conditions of this Subdivision Agreement, the Consulting Engineer or Ontario Land Surveyor, shall provide final certification to the Corporation in the form of as-built elevations on the Grading Plan in accordance with the approved Plan of Subdivision. (c) Upon the elevations and grades being established in accordance with this Agreement, the Owner or Subdivider, shall thereafter, maintain the same for so long as the Owner or Subdivider is the registered owner of the lot. Country View Estates Subd. Agmt. -6- The Parties agree that the Lot Grading Plan, attached hereto, and marked as Schedule "D" is a photographically reduced and un-initialled copy of the Lot Grading Plan, initialled by the parties on the execution of this Agreement and that such initialled Plan forms part of this Agreement. The Parties further agree that in the event that any part or parts of Schedule "D", are illegible or conflict with the initialled Plan from which it was made, the initialled Plan shall prevail. (d) If, in the opinion of the Corporation, the Owner or Subdivider has at any time during which the Owner or Subdivider is the registeredowner of any lot within the Plan of Subdivision failed to establish or maintain any such grade or elevation as required by Paragraph 13 (c), the Corporation, may, after giving such notice to the Owner or Subdivider, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill, and do such works and remove anything from the lot as in the Corporation's opinion, may be necessary to remedy such default, and the costs thereof, shall be paid by the Owner or Subdivider,to the Corporation. (e) Where the Owner or Subdivider has sold a lot within the Plan of Subdivision, and in the opinion of the Corporation, the Owner or Subdivider, or the subsequent owner has, at any time, failed to establish or maintain any grade or elevation required to be established or maintained by paragraph 13 (c),the Corporation may, after giving such notice to the subsequent Owner or Subdivider, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill and do such works and remove anything from the lot as in the Corporation's opinion may be necessary to remedy such default and the costs thereof, shall be paid by the subsequent Owner or Subdivider, to the Corporation, and if no lots are sold, it shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of Fifteen percent (15%) per annum, commencing Fifteen(15) days after the mailing of the statement to the subsequent Owner or Subdivider, at his/her last known address. 14. STORM WATER MANAGEMENT A fmal Stormwater Management report is to be submitted to the Municipality. The affected lands shall be incorporated in to and regulated by the Bartley Municipal Drain system under the Drainage Act. Physical components of the Bartley Municipal Drain shall remain unaltered including,but not limited to, remain clear of fencing, structures and plantings. 15. ADMINISTRATION AND INSPECTION COSTS (a) The Owner or Subdivider agrees to pay to the Corporation all administrative costs incurred in connection with this Agreement,including legal and engineering costs. (b) All of the underground works installed shall be constructed and installed under the supervision of inspectors approved by the Corporation. The Owner or Subdivider hereby agrees to pay all accounts of the Corporation in connection with the services of the said Inspectors. No work specified in the Agreement or in the specifications shall be carried out unless there is an inspector to ensure that all work is being completed in accordance with specifications approved by the Corporation. 16. FINANCIAL PAYMENTS—CAPITAL CHARGES Except as expressly provided in this Agreement, the charges payable pursuant to this Paragraph 16 shall be payable by the Owner or Subdivider as specified. (a) PARKLAND DEDICATION FEE Country View Estates Subd. Agmt. 7- The Owner or Subdivider shall provide parkland dedication in the form of cash-in- lieu $500.00 per lot. This value is to be $2500.00 for 5 lots and shall be collected prior to the registration of the plan of subdivision. (b) STREET LIGHTING No street lighting required. (c) ELECTRICAL DISTRIBUTION SYSTEM The Owner or Subdivider hereby agrees to construct a complete electrical system at his/her expense including all switches,junction boxes,transformers,wire,hydro service connections, and appurtenances, to the street line to service all lands in the said Plan of Subdivision, according to designs approved by Hydro One and according to its specifications which are in effect at the time of the installation of the system and not necessarily those in effect at the time of this Agreement, and to maintain them until they are formally accepted by Hydro One. Hydro One reserves the right to do the work and the Owner or Subdivider shall pay the total cost. The electrical system within the subdivision, shall be of sufficient size, depth and at a location to adequately service, in the opinion of Hydro One,the subdivision of any lands serviced through it and where it is necessary to extend the system within the subdivision, to the existing system, outside the subdivision, and any adjacent subdivisions, the size, depth and location of the extension must be acceptable to Hydro One. Hydro One may connect or authorize the connection of the electrical system but the connection shall not constitute acceptance of the electrical system by Hydro One. All plans relating to the installation of the electrical system, appurtenances and services must be submitted to Hydro One for approval along with evidence that any variances from their standards are acceptable by the Municipal Electric Association. (d) LOT FRONTAGE AND CONNECTION CHARGES Frontage and connection charges do not apply. 17_ LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner or Subdivider, shall supply the Corporation with a Liability Insurance Policy in the amount of Five Million ($5,000,000) Dollars, and in a form satisfactory to the Corporation, indemnifying the Corporation, and their agents from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner or Subdivider. In the event any renewal premium is not paid, the Corporation, in order to prevent the lapse of such liability insurance policy, may pay the renewal premium or premiums and the Owner or Subdivider, agrees to pay the cost of such renewal or renewals within Fourteen(14) days of the account therefore being rendered by the Corporation. The Owner or Subdivider shall provide written notice to the Corporation of the cancellation of the liability insurance policy, Twenty-One (21) days before the cancellation is to come into effect. 18. PERFORMANCE GUARANTEE (a) As security for the construction and installation of services required by this Agreement, and prior to the release of the Plan of Subdivision, for registration, the Owner or Subdivider, shall supply the Corporation with security for performance and completion of all works required by this Agreement, in an amount which is Seventy-Five per cent (75%) of the estimated cost of the works, as set out in Schedule "C", in the form of an Irrevocable Letter of Credit, from a chartered Country View Estates Subd. Agmt. -8- bank or other financial institution, satisfactory to the Corporation, expressed to be pursuant to this Agreement, and payable to the Corporation at any time or in part, from time to time, upon written notice from the Corporation, that the Owner or Subdivider, is in default under this Agreement. The said security shall be for the period of time set forth in Schedule "B" for the completion of the works. (b) The Owner or Subdivider agrees with the Corporation that after Fifty percent (50%) of the said works are completed, to the satisfaction of the Corporation, the amount of the security will be progressively reduced to the amount equal to the estimated cost of the uncompleted work, plus Twenty per cent (20%) as determined by the Corporation's Engineer. The reduction will be made after the receipt of the progress certificate from the Consulting Engineer, proof that the contractor has been paid, and approval by the Corporation. However, the said security will not be allowed to be reduced below Twenty-Five per cent (25%) of the estimated cost of all works until all of the work has been completed to the satisfaction of the Corporation's Engineer and the Corporation and the Owner or Subdivider, has provided a Letter of Credit for the Maintenance Guarantee. If staging is approved by Council,the above shall be applicable per stage. 19. MAINTENANCE GUARANTEE The Owner or Subdivider agrees with the Corporation that, upon completion of the various parts of the works and prior to acceptance by the Corporation, the Owner or Subdivider, will provide at his/her own expense, a Letter of Credit for the sum of Twenty- Five per cent (25%) of the actual cost of all the works still subject to the guarantee, to guarantee the workmanship and materials for a period of Two (2) years from the date of satisfactory completion of the work. 20. OCCUPANCY OF BUILDING The Owner or Subdivider agrees that no building shall be occupied or used for any purpose in the subdivision until storm sewer and electricity are in operation, and in the opinion of the Corporation, capable of providing adequate service. The Owner or Subdivider further agrees that no building shall be occupied or used for any purpose in the subdivision until a base coat of asphalt has been installed on the road immediately in front of the building and extending to an existing municipal road, and to maintain vehicular access to the said building until the roads are formally accepted by the Corporation. 21. TIME LIMIT FOR WORK AND GUARANTEE FOR WORKMANSHIP AND MATERIAL Save as herein otherwise provided the Owner or Subdivider agrees to complete the work required under this Agreement within the Time Limitsspecified in the Schedule attached hereto as Schedule "B", and to guarantee the workmanship and materials for a period of Two (2) years from the date that the said works are approved, in writing, by the Corporation. Any work other than that specifically provided for in Schedule "B" shall be completed within the time limit provided for herein, for sidewalks, curbs and gutters and roads. The Owner or Subdivider shall, in the period prior to final acceptance of the services or utilities to be constructed under this Agreement as soon as it is practicable after receiving written notice from the Corporation repair any damage caused to existing services or utilities by the implementation or performance of this Agreement or caused during the construction of dwelling units or other buildings on any part of the development. Should the Owner or Subdivider fail or neglect to carry out repairs or any other work required of this Agreement the Corporation may, in addition to any other rights or remedies it may have at law or in equity, assert and exercise the rights provided for in Clause 22. Country View Estates Subd. Agmt. -9- 22. UNCOMPLETED OR FAULTY WORK If in the opinion of the Corporation the Owner or Subdivider is not completing or causing to be completed the work required in connection with this Agreement, within the specified time, or is improperly performing the work, or shall the Owner or Subdivider neglect or abandon it before the completion or unreasonably delay the same so that the conditions of this Agreement are being violated, or carelessly executed, or in bad faith, or shall the Owner or Subdivider neglect or refuse to renew or again perform such work as may be rejected by the Corporation, as defective or unsuitable, or shell the Owner or Subdivider, in any other default in performance of the terms of this Agreement, then, in any such case, the said Corporation shall promptly notify the Owner or Subdivider and his/her surety in writing of such default or neglect and if such notification be without effect within Seven (7) clear days, after such notice, then in that case, the Corporation shall have full authority and power to immediately purchase such materials, tools and machinery and to employ such workmen as in their opinion, shall be required for the proper completion of the said work, at the cost and expense of the Owner or Subdivider, or his/her surety or both. In cases of emergency, in the opinion of the Corporation, such work may be done without prior notice but the Owner or Subdivider shall forthwith be notified. The cost of such work shall be calculated by the Corporation whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of Twenty per cent(20%) of all labour, material and machine time charges incurred to complete the work and further, a fee of thirty per cent (30%) of the charges incurred for the dislocation and inconvenience caused to the Corporation as a result of such default on the part of the Owner or Subdivider, it being hereby declared and agreed that the assuming by the Owner or Subdivider of the obligations imposed by this paragraph is one of the considerations without which the Corporation would not have executed this Agreement. It is further understood and agreed between the parties hereto that such entry upon the lands shall be as an agent for the Owner or Subdivider, and shall not be deemed for any purpose whatsoever as an acceptance of the said services by the Corporation. 23. GENERAL PROVISIONS The Owner or Subdivider agrees with the Corporation: (a) REGISTRATION OF AGREEMENT The Owner or Subdivider agrees that this Agreement shall be registered by the Corporation's Solicitor upon the title to the lands within the plan of subdivision, and agrees to pay all solicitor's fees and disbursements incurred by the Corporation in respect to registration of this Agreement, forthwith,upon demand. (b) CONTINUATION OF EXISTING SERVICES Where the construction of services herein involves a continuation of existing services to join into the same including adjustment of grades where necessary, such work to be completed in a good workmanlike manner and at the expense of the Owner or Subdivider. (c) PUBLIC LANDS--FILL AND DEBRIS To neither dump nor permit to be dumped any fill or debris on, nor to remove or permit to be removed any fill from any public lands, other than the actual construction of roads in the subdivision without the written consent of the authority responsible for such lands. The Owner or Subdivider shall, on request, supply the Corporation with an acknowledgement from such authority of the Owner or Subdivider's compliance with the terms of this clause. (d) QUALITATIVE OR QUANTITATIVE TESTS Country View Estates Subd. Agmt. - 10- The Corporation may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement and the cost of such tests shall be paid by the Owner or Subdivider within Fourteen (14) days of the account being rendered by the Corporation. (e) RELOCATION OF SERVICES To pay the cost of relocating any existing services and utilities caused by the development work within Fourteen (14) days of the account for same being rendered by the Corporation. The Owner or Subdivider further agrees to similarly pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Corporation, as to interfere with the use of the driveway. (f) TAXES That prior to the release of the plan for registration the Owner or Subdivider shall pay the taxes in full for all the lands included in the said Plan of Subdivision according to the last revised assessment roll,until the lands are assessed and billed as a registered plan. (g) LOCAL IMPROVEMENTS Prior to the release of the plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the said plan of subdivision. (h) SPECIFICATIONS Unless otherwise specified, any work required under this Agreement shall be according to the specifications of the Corporation. Any and all approval of plans and specifications by the Corporation does not relieve the Owner or Subdivider of responsibility for errors and omissions in the plans and specifications. It shall be the responsibility of the Owner or Subdivider to supply any third party contractor with all necessary information to compete the works contemplated under this Agreement. (i) STREETS During the construction of the services and utilities required to be constructed under this Agreement and during the construction of any dwelling units to be constructed within the subdivision all streets within the development site,being Peters Court, shall be maintained in good repair and clean by the Owner or Subdivider but this obligation and liability of the Owner or Subdivider does not extend beyond the time of final acceptance. Until final acceptance the Owner or Subdivider shall be responsible to maintain the entrances to the site on the existing county road to ensure the roads are kept clean and free from dust and debris. (j) STREET SIGNS Street signs and traffic control signs will be installed by the Municipality at the Owner's expense. (k) LICENCE TO ENTER To retain a licence from any subsequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. Country View Estates Subd. Agmt. - 11 - (1) SANDING, DUST CONTROL, SNOW/ICE REMOVAL FROM ROADS Prior to the Corporation assuming the services, the Owner or Subdivider agrees to provide, at their expense, dust and weed control. The Owner or Subdivider shall snowplow and sand any unpaved roads when required to provide and maintain safe and adequate vehicular access to all occupied buildings. The Corporation agrees to snowplow and sand all paved roads in the subdivision upon completion by the owner of the base coat of asphalt and when all frames and covers for catchbasins and manholes have been set at the same elevation as the base coat of asphalt so they will not interfere with snowplowing operations. The Owner or Subdivision agrees that any service provided by the Municipality prior to formal acceptance of the roads by the Municipality shall not be deemed acceptance of the roads. (m) SURVEY MONUMENTS AND MARKERS Prior to the formal acceptance of the services and roadwork by the Corporation, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found all standard iron bars and survey monuments as they pertain to only vacant lots remaining on the date of the acceptance of the subdivision. (n) INTEREST Interest at the per annum rate of Three per cent (3%) points above the prime rate of the Corporation's bank shall be payable by the Owner or Subdivider, to the Corporation, on all sums of money payable herein, which are not paid on the due dates calculated from such due dates. The due dates of any sum of money shall be Fourteen(14) days after the date of the invoice. (o) CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered within one year from the date hereof, the Corporation may, at its option, on one month's notice to the Owner or Subdivider, declare this Agreement to be null and void. (p) NOTICES Any notices required to be given hereunder may be given by registered mail, addressed to the other party at its address according to the most recent assessment roll and shall be effective as of the date of the deposit thereof, in the Post Office. (q) UNSOLD LOTS The Owner or Subdivider is to provide suitable weed control on any unsold lots. Failure to do so will result in the Corporation performing the work and assessing a charge or lien to the property. (r) STAGING The Owner or Subdivider covenants and agrees that the construction of the subdivision will be completed in one phase with all of the required services provided by the Owner or Subdivider and the Owner or Subdivider may complete such services in accordance with Schedule"B". (s) BUILDING PERMITS The Owner or Subdivider covenants and agrees not to apply for any building permit for any building on the lands until the following pre-requisites have been satisfied: Country View Estates Subd. Agmt. - 12- 1. The Owner or Sudivider has provided confirmation of the engineered septic system plans and maintenance agreement as per Paragraph 6. 2. The Manager of Public Works has advised in writing that rough grading has been carried out to his/her satisfaction and that building permits may be issued in accordance with the grading control plan attached hereto as Schedule `D'; curb and gutter, storm water sewer systems and base coat of asphalt has been installed; all traffic and street signs have been installed. Exceptions to this condition may be permitted where, in the opinion of the Manager of Public Works, there are extenuating circumstances. In these cases, the Owner or Subdivider shall undertake protective and remedial measures to the satisfaction of the said Manager. All costs of such protective and remedial measures shall be borne by the Owner or Subdivider. 3. Hydro One has advised the Corporation in writing that the complete electrical system has been installed in accordance with this agreement and is capable of servicing the lands. Exceptions to this condition may be permitted in writing at the discretion of the Corporation. 4. The Owner or Subdivider has satisfied all the financial requirements under this agreement. (t) SIGNAGE FOR PROJECT The Owner or Subdivider is entitled to erect one sign at the property entrance to advertise the project. Any sign erected must conform to any municipal or county Sign By-laws. The sign must be kept in good repair at all times. (u) TREE PLANTING The Owner or Subdivider shall plant one tree per lot in a location and of a kind and size approved in writing by the Manager of Public Works. Should any tree die within 12 months of planting the Owner or Subdivider shall replace the tree with a new tree as prescribed in this agreement. Trees are to be planted a minimum of 1 metre (3.3 feet) behind the property line and located so as not to interfere with services and utilities at any time. (v) SURFACE WATER MANAGEMENT DURING CONSTRUCTION The Owner or Subdivider agrees to require the contractor to provide means to avoid ponding, erosion and/or flooding onto adjacent properties during construction and will continue until lots have been developed by means of erosion provisions such as silt fencing, straw bales and rough grading of undeveloped lots to maintain all surface water on developed property. (w) DRIVEWAY APPROACHES The Owner or Subdivider shall pave all driveway approaches to the satisfaction of the Manager of Public Works upon the construction of the building serviced by any such driveway. If any dropped curb is not located correctly with respect to any driveway, the Owner shall construct a dropped curb in the correct location and shall fill in the original dropped curb in accordance with specifications. (x) CENTRALIZED MAIL BOX i. The Owner or Subdivider shall make adequate provision for a centralized mail box to the satisfaction of Canada Post and further agrees to: 1. work with Canada Post to determine and provide a temporary suitable Centralized Mail box location which may be utilized by Canada Post until the curbs and boulevards are in place in the subdivision; Country View Estates Subd. Agmt. - 13 - 2. install a concrete pad in accordance with the requirements of, and in a location approved by Canada Post to facilitate the placement of a community mail box; 3. identify the pad above on the engineering drawings. Said pad is to be poured at the time of the curb installation within the subdivision. ii. The Owner or Subdivider shall include in all offers of purchase and sale a statement advising the prospective purchaser: 1. that the home mail delivery will be from a designated Centralized Mail Box 2. that the developers/owners are responsible for officially notifying the purchasers of the exact Centralized Mail box location prior to the closing of any home sales. (y) FIRE PROTECTION The Owner or Subdivider agrees to provide for adequate fire protection approved by the municipal fire services. 24. The Owner or Subdivider agrees with the Corporation: (a) EXTENT OF WORK The extent of work shall be construed to consist of the labour and materials necessary for the construction in a good substantial, workmanlike manner of all the items required for the completion of the entire work consisting of all the items shown on the drawings which have been approved by the Corporation, and which shall be installed according to these specifications; also, of all excavations, drains, sheathing, shoring, false-work, forms, tools, appliances, and materials necessary for the safe expeditious and effective execution of all temporary and permanent work. The Owner or Subdivider shall be responsible for obtaining the location of all other Utilities such as Electric Underground Cables, Telephone Conduits, Storm Sewer Catchbasins, Farm Drainage Tiles, Gas Mains and Services, etc., from the utility concerned, and must protect and/or repair same subject to the regulations of the particular service involved Excavations, backfilling and all work on Municipal Streets must have the approval of the Engineer and/or Corporation. Pavements, driveways, entrance to property, lawns, etc., must be replaced in as good condition as found. Barricades and lanterns must be installed on all works for the protection of vehicles and pedestrians and all precautions taken to minimize the risk of damage and inconvenience to others. All work shall be carried out so that it conforms to the regulations of the Trench Excavators Act, and the Worker's Compensation Board, as it pertains to the safe working conditions of the workers employed on the job. The Owner or Subdivider shall take full responsibility for pavement breaks, which must be approved by the Engineer and restored to the regulations applicable. The closing of roads due to the installation of services must have the approval of the Corporation's Engineer and the Owner or Subdivider, must observe all applicable regulations. In the absence of the Owner or Subdivider from the job (whether permanent or temporary), he/she shall provide and leave a competent and reliable agent or foreman in charge and all notices communications, instructions, or orders given, Country View Estates Subd. Agmt. 14- foreman in charge and all notices communications, instructions, or orders given, sent, or served upon this person, shall be taken as served upon the Owner or Subdivider. (b) LIENS OR CLAIMS The Owner or Subdivider agrees that, upon applying tor final acceptance of the waterworks system in the said subdivision, to supply the Corporation with a Statutory Declaration that all accounts for work and materials have been paid or provided or that there are no claims for liens or otherwise in connection with such work done or materials supplied on behalf of the Owner or Subdivider, in connection with the subdivision. 25. Schedules "A"through"D" as listed are attached hereto: 1. Schedule"A"Plan of Subdivision 2. Schedule "B"Time Limits 3. Schedule "C"Estimated Costs of Works 4. Schedule "D" Lot Grading Plan All shall form part of this Agreement and time shall be of the essence with respect to items contained herein. 26. The Corporation shall be entitled to enforce the provisions of this agreement against the owner of the lands to which it applies, and subject to the provisions of the Land Titles Act against any and all subsequent owners of the lands. 27. The Owner or Subdivider may assign this Agreement only with the consent of the Corporation. 28. All parties hereto shall execute and deliver (or cause to be done, executed and delivered) all such further acts, documents and other assurances that may be reasonably required by the parties for the completion of the work contemplated by this Agreement. 29. The Owner or Subdivider shall advise all perspective purchasers of Items 6, 12 and 13 of this Agreement and/or provide copy of this Agreement in all offers of purchase and sale. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, attested to by the hands of their proper officers in that behalf fully authorized. COUNTRY IEW//X ESTATES ne Abraham Peters 1.-Y-7.74 ` J14.1 Emma Peters THE CORPORATION OF THE MUNICIP• ITY OF BAYHAM ii Lynn tr•, Mayor Lynda Millard, Clerk Country View Estates Subd. Agmt. - 15- SCHEDULE "B" COUNTRY VIEW ESTATES MUNICIPALITY OF BAYHAM PROPOSED SERVICING SCHEDULE Earth Grading Summer 2010 Underground Servicing—Storm Sewer Fall 2010 Granular Roadbase Fall 2010 Electrical and Utility Fall 2010 Municipal Drain Relocation Fall 2010 Curbs and Base Asphalt Spring 2011 Surface Asphalt Summer 2012 DRAFT PLAN OF SUBDIVISION ROAD ALL "�-_ .r.w PART OF LOT 7 — -�. a e" "'� ee, °WAhcE 7v,�EE _.�--�---�� CONCISION B err;!_-__._ _` eIEDEN LINE Ct7NCES51oNS �`� ceoaewvc rD�vsrm°ofaimw AYHAM .1 . —."..'-•-•.-:-` _ _ � '..4 4-p, a AND 9 �� B/n.1Maw OF ........4k �' 4't�pw '.� . '44.-4.-- qta r '•�,,4, NTY �'� COUNTY OF ELGIN ■a�,yi-r-�. S'i i 3 $; "1"..- ft.,. ++�.e'°. - .� �t•4v D Ng 44J ' r- "�" . .. fl C m �--- ms9 r n V ... E »rte tldYf..i:MO .4se =� 4,!!', 1 4 A S �' ee,1m �"e n 1p•Rr& METRIC MM.'''.•ti'm,i:o"m.s j .max. • r 4' �''� P 4 w'tea... ... `�� haw MISTED sVRVEre+c Lm. A2V '"v . u � PART y t'�4� Naoolvud a• PART $ Il OCT O W q r 4u.. ass 4 J n r earxysre e.mT �� • SURVEYOR'S CERTIFICATE o 1.4 . "7..gark ,J N i "" 0 yh - WA Mt iwo'0are�em'�'iaa�wiss�a.'�dodomI. PARA , rem.; w : !!R-S. •><i •1 . it �„ f, a y.... .t:_.._.... i t 51, M r e $ 1 y 14. M ,M 0.,(3.„ y. k a 4 y 3 *S"' c..0 9 �a a kl. OwIVER'S CERTIFICATE I5e F y et wen w.imis aw.m 4� usu.-®. ji eoe.r...euw,.wre.r. h ik h4 [ .rsm' {�JJ Al 4 //// .1.14,.......e.4.../a.: f Uy /may • ' .4�rJ.Ri��f 4e t.: r t 440 a. i T4oJdg f� bm., w bad f '%rf/ An�rra a D�cr s.UNDER oena+51(» • ��9y°, s -..,..... � 2.11 a .;' i..'e• 4. W A' / '�// - rt. n.er.ed.r IP -1.pkallt•14.11 -0441114•11p mil PM*1141114=WY u..1 1 ,,,yo ': ��o ,�Ji � "rrown4�i 41........ .1.0°wm4.r,•�w �, � / hip;' / /,ci-�/ ..•or ..q>'.., / r: $ < ' e4-, / qaiitP4. a. ea 4a, Ile ;,4"/,y, -- 6. /� eu.Q .. d.C�' /J ;f // �� wrf �yyp.pwnww�prw{ r 4f", /// .t .1.1*eW 1 r // . , ale w ,/// Ye.4 • 4 -,f714F 7,/,..1' ,�/ ��f' .f01m1. �. ��/// . �� NOTES r/ .�. / e \\\\. II N-.r.IFe5PK�0�.+1e,�..m,e Me NIL 4=1144•143 le Y.,..♦,me,a / /// Vee f 171 41`Y'are. .....lMh�4.m1e.e6/m.eee ,4,..?... ��// 9 a 44tyy 'd ml. '1111 yy e *7 /,/ �d�„� 11.41. jf /i// /i/// �"+re.w., 1 KIM HUSIED SURVEYING LTD. GNTAIDD(NW SURVEYOR /i// i / /ry �0r aceiww-aa r+�a -n-ae001.1111.1.0111,011,MBa 1, rt..e -....._.....: / ._•%# MRCP:os-aus-abai rum ICii�et�'mil ,u Country View Estates Subd.Agmt. SCHEDULE"B" COUNTRY VIEW ESTATES MUNICIPALITY OF BAYHAM PROPOSED SERVICING SCHEDULE Earth Grading Summer 2010 Underground Servicing—Storm Sewer Fall 2010 Granular Roadbase Fall 2010 Electrical and Utility Fall 2010 Municipal Drain Relocation Fall 2010 Curbs and Base Asphalt Spring 2011 Surface Asphalt Summer 2012 CYRIL J.DEMEYERE LIMITED 5 C E(y Q L&L- L C. 0924 22 September 2010 ESTIMATED INTERNAL SF1WIC1NG COSTS COUNTRY yaw ESTATES SUBDIVISION WJNICIPALITY OF BAY$AM 5 SINGLE FAMILY LOTS FOR MUNICIPAL SECURITY SANITARY SEWER-private septic systems on each lot by builders WATERMAIN-private wells on each lot by builders STORMWATER MANAGEMENT&SWALE Excavation and Grading $4,500 750m'replace topsoil and seed @$2.00 1,500 6.1m of 500mm a CMP,concrete headwall and rip-rap 6,000 22m of 150mm a pond subdrain @$20 440 Outlet including ditch inlet CB,5.7m-150mm a STM connection to Municipal Drain 3,200 Miscellaneous 360 - $16,000 $16,000 STORM SEWER 79 m of 375 mm a@$135 $10,665 78 m of 300 mm a@$105 8,190 3 single catchbasins @$1,600 4,800 2 double calchbasins @$2,600 5,200 22 m of catchbasin leads @$90 1,980 3- 1200 e manholes Qa $3,500 10,500 Miscellaneous 665 $42,000 42,000 ROADWORK(265 in-Street'A',9.2 m back to back curb and gutter) �NITI�L ROADBASE 255 m excavation and grading,axe],lot grading @$55/m incl.topsoil stripping $14,025 275 m of subgrade subdrains $18 4,950 905 m'Granular'B'(300 mm)@$29 26,245 310 ms Granular'A'(100 mm)@$32 9,920 Miscellaneous 860 $56,000 56,000 SURFACE ROADWORK, 545 m curb&gutter @$32 $17,440 Fine grading 2,500 3291 HL 8(50 mm)@$115 37,835 241tHL3(35mm)@$125 30,125 6 catchbasin adjustments @$250 1,500 Miscellaneous 600 $90,000 90.000 TOTAL ESTIMATED INTERNAL SERVICING COSTS $204,000 The foregoing costs exclude: •relocation of municipal drain •legal and survey costs •Engineering costs •Electrical Servicing&Utilities;and •HST, PETER I.PENNER,P.ENG. CYRIL I.DBMAYERE LIMITED CONSULTING ENGINEERS TILLSONBURG,ONTARIO. C.1 DL Consulting Engineers e ---------n",tit- fat • illigillIF‘ 44, 4 gl P.LOirl' LX:: [ ! 44 ih, • 4 ill 4 4 14, % 't• N. N. 1 L t t 'y ; I 71 ."--.14:4": _.,\:\ IN%., r .04 :.... ...,u... 4; 1 t i 1 114/1:148;: ti-�: { L t« b +.i �. 4 4s .L 4 O O %. t 4 -017,017..,t./.://-: t: \ , %,, MOM ... NI-- .1 FMK - gyp—' , �, '# 1 -:f.: � �1 --_=..-- ..---- i '� ra L `t Lc , \\. 4 ; • R�fti-'7.. / 5F 5 '�`3 0 �' '4 1F,t . ell CA 71,..Atiti. s''...... ` y[[[•NR. .. •.•IIe.e M�e11 .`\F ! F[ L _ j+^�, ` err,. E.;:„..4...., vk x2. tot �/ `•` `� L ♦ FETE-B :- #! L ,4 r I 'L '41`€ \ 1ICY.ifs OeA@ "'[ +*..- '•f, 5 Vil SF N1Yrt �, s L 1• ' _,...L...40„_ �^-^_ �, ■ �^ [' ji=17, al ru irlri" r r ._�r �ii� :,,fIR IVO`�J1 IIN I" --- milk l'l 4 .....---.7.7----- \ ( ..‘baNW . „al 11111 IP'' 1 II < L L L 4 *.1 �,1� a v oma' '° 4 ;L o "` w } d ,._ ___‘._ �. i� +• ;�0 \� ' .' ; # il; I / 1 .1 sees flb 40, 7 . ., L , ': 4 L L :.%\s„%r 4 '1 L L a orrmrswa awwwwrr wr.wwa7 / 6 r : _ `moi['1.':"IMW""ra..u''"• L d i 4 , n. A f L i41: ! i.„ ... N[aw ... .,_ �,.,,,,_,.,.,,, .,�'' L 4 R �•w Mme' ..� />-`,. , ...... o T�� `� -4.`�'` '�\ ..-'` I ifil‘f ...-, a •Ld'�rL..S.i"sisry.wT..:.oi.•�'..oar. IX °" WIC SCALE 1[500 MUNICIPALITY OF BAYHAM wv ee®e[�m Nr•.® - [vim.MU N ' wvv Ire NatUNw —�.� Mee aweN•••I.v1wN ,[ Ire Nae[.wN••R.ae .a[,rn•w.e MOOStriii ' N"N°" � �a' CJ D L @ '°' NORTH A,� B N•w•.Ne OP Nine NevPww ew w[R WO ewe �' a""" s�s�l•-Neo ^ �-y P.J.lGNINe A eJ.[eS1' Ne'' 'nnsOne WPM n �. a[wwaa roe w[.•wa.� 1. .t.f a[re wias r[[m fm s uroNEa[wA[two xigLt a1+■ Ie rwo aw� •,N Merem[nNwi,rrAl[ 'mae.. [••eeMMNIww.. ,/ •-VVe Q s naucrw "Ilea AO [NR �P, w,.[ GRADING PLAN/ .--� name en,owulNC . • Wen•MatPIROW Qaw[mF.e _ 1 oeis Pm maim sa.n. VMS N '0mc MOON el JN NMea*a[C 'o s..o-GENERAL PLAN OF SERVICES -..a.• nand/ m e•e Mena[era[w ww.Nwwa Ar 4 •�••� " 111119011 OM Nr ROW[a NM SUMO'Nr.1PN ee1N WA NOM Men NS. - 7 LRO# 11 Notice Of Subdivision Agreement Receipted as CT63719 on 2010 11 22 at 16:34 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 21 i Properties PIN 35337- 0299 LT Description PART N 1/2 LOT 7 CON 8 BAYHAM AS IN E335201 (FIRSTLY);SAVE&EXCEPT PART 1, 11R6483,PARTS i TO 4 11R7851, PARTS 1,2,3, 11R8569, PART 2, 11R-8593& PART 1, 11 R-9088; BAYHAM Address ELGIN Applicants) The notice is based on or affects a valid and existing estate,right,interest or equity in land. Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Address for Service PO BOX 160 9344 PLANK ROAD STRAFFORDVILLE, ON NOJ 1Y0 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation LYNN ACRE, MAYOR AND LYNDA MILLARD,CLERK. Party To(s) Capacity Share Name PETERS,ABRAHAM Address for Service 54571 OTTERGATE LINE RR#1 EDEN NOJ 1H0 Name PETERS,EMMA Address for Service 54571 OTTERGATE LINE RR#1 EDEN NOJ 1H0 Statements This notice is for an indeterminate period Schedule: See Schedules Signed By Michael George Charles Szorenyi 36 Broadway, Box 5 acting for Signed 2010 11 22 Tillsonburg Applicant(s) N4G 4H3 Tel 5198423658 Fax 5198425001 I have the authority to sign and register the document on behalf of all parties to the document, • Michael George Charles Szorenyi 36 Broadway, Box 5 acting for Signed 2010 11 22 Tillsonburg Party To(s) N4G 4H3 Tel 5198423658 Fax 5198425001 I have the authority to sign and register the document on behalf of all parties to the document. O# 11 Notice Of Subdivision Agreement Receipted as CT63719 on 2010. 11 22 at 16:34 The applicant(s)hereby applies to the Land Registrar, yyyy mm dd Page 2 of 21 Submitted By GIBSON BENNETT GROOM&SZORENYI 36 Broadway, Box 5 2010 11 22 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: 510-1029 Party To Client File Number: S10-1029