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3320 To authorize a subdivision agreement with 2143677 Ontario Inc.THE C"ORPORATION OF "rHE TOWN OF TILLSONBURG BY-LAW NUMBER 3320 A BY-LAW to authorize a subdivision agreement with 2143677 Ontario Inc. WHEREAS The Town olt'Tillsonburg is desirous of entering into an agreement with 2143677 Ontario Inc. for the purpose of" subdividing land legally described as Part of Block A, Plan 518; THEREFORE the (I ouncil of the Town of Tillsonburg enacts as follows: 1. T1­ly\T Schedule ".A" attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule ``A" on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 12"' DAY OF June, 2008. I READ A THIRD AND FINAL TIME AND PASSED THIS 12"' DAY OF June, 2008. AYOR-Stephen N,I()Inai- CLQ RK -Michael Grmes THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3320 A BY-LANNI to authorize a subdivision agreement with 2143677 Ontario Inc. WHEREAS The Town of Tillsonburg is desirous of entering into an agreement with 2143677 Ontario Inc. for the purpose of subdividing land legally described as Part of Block A, Plan 518; -,I THEREFORE the (__,ounc',11 ofthe Town of Tillsonburg enacts as follows: I T[JAT Schedule attached hereto forms part of this by-law; 2. T11ATtlic M.ayorand Clerk be hereby authorized to execute the attached agreement marked as Sc.hcdulc "A" on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 12"' DAY OF June, 2008. READ A rruitgb AND FINAL TIME AND PASSED THIS 12"' DAY OF June, 2008. tkF MAYOR -Stephen N/kfl-iiar. CLERK -Michael Gi-La-ves THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3320 A BY-LAW to -authorize a subdivision agreement with 2143677 Ontario Inc. W14EREAS The Town ofTillsonburg is desirous of entering into an agreement with 2143677 Ontario Inc. -for the purpose of subdividing land legally described as Part of Block A, Plan 518; THEREFORE the Council of the Town of illsonburg enacts as follows: 1 TIJAT Schedule 4. "A" attached hereto forms part of this by-law; 2. THAT the Mayer and Clerk be hereby authorized to execute the attached agreement marked as S(-hcdul,c'-A" on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 12th DAY OF June, 2008. -11 READ A THIWANI) FINAL TIME AND PASSED THIS 12t" DAY OF June, 2008. 4 MAYOR -Stephen Molnar fF Cl-,ERK-Michael Grax,,i.,.,,.,s Town of T111sonburg Subdivision Agreement Page I of 22 Schedule "A" TOWN OF TILLSONBURG SUBDIVISION AGREEMENT THIS AGREEMENT made the day of 12008. BETWEEN: 2-143677 ONTARIO INC. hereinafter called the "Owners OF THE FIRST PART -and- THE and - THE CORPORATION OF THE TOWN OFTILI-,SONBURG hereinafter called the "Town" OFTHF SECOND PART -and- THE and - THE CORPORA TION OF THE COUNTY OF OXFORD licreinaftci- called the "County" OFT[IETHIRD PART WHEREAS the Owner proposes to subdivide and register a Plan of Subdivision on lands described as Part of Block A, Plan 518 in the Town of Tillsonburg, and described in box 6 of the Document General, as shown on a proposed Plan of Subdivision, dated May 6, 2004 as prepared by Kim Husted Surveying Ltd., and appended as Schedule "A" to this Agreement; AND WHEREAS the land to be subdivided was draft approved by the County on September 22, 20041 under file 32T-9 )'1004, an-icndcd May 12 1 2008, and consists of 51 residential lots and I block for stori-nwater i-nan(,Agenient; AND WHEREAS prl()r to the signing of the plan for registration by the County of Oxford, certain conditions as sct out. in the draft plan conditions of approval dated on the 22n i day of September, 2004, must be fulfilled to the satisfaction of the Town; AND WHEREAS fl-iis Agreement has been made a condition of approval by the County ofOxford and contains all the i-cqwi-cmcnts, financial and otherwise of the Town regarding the construction of roads installation of scrvices, aiI id drainage facilities and any other matters pertaining to the development ofthe subdivision; NOW THEREFORE THIS AGREEMENT, WITNESSETH THAT in consideration of the "Town and tl,,ie (­'Ounty approving the said proposed Plan of Subdivision and the covenants hereinafter expressed, the parties hereto covenant and agree one with the other as follows: Town of T111sonburg Subdivision Agreement Page 2 of 22 1. DEFINITIONS (a) ",Owner"' shall include the registered owner or owners in fee simple of the land for which the subdivision is proposed and/or their respective heirs, executors, adniiiiistrator,s, and assigns, and in addition to its accepted meaning, shall mean and include an individual, an association, a partnership, or an incorporated company and wherevcr the singular is used herein it shall be construed as including the plural. (b) "Council"" 'shall mean the Municipal Council of the Town of Tillsonburg. (c) '"Hydro ('oi-ripany" shall mean Tillsonburg Hydro Inc. (d) "County,"' shall mean the Corporation of the County ofOxford. (c) "Lot" shall include a "block". (f) "Registered Prolessional Engineer" shall mean a licensed Professional Engineer who carries current Professional Liability Insurance and holds a current certificate of authorization issued by the Association of Professional Engineers of the Province of Ontario or is employed by'a partnership or corporation authorized by the Association of - ProfessionalProfessionalEngineersccrs of Ontario to offer professional engineering sci vices to the public. ( ;) 4.(.1Fhis Plan"" shall rnean the Plan of Subdivision annexed to this Agreement and niarkc(i Schedule ("A". (h) "-Rcsldcj-itl*,,Ltl Design Criteria" are the design criteria approved for residential subdivisions by the Council of the Town of Tillsonburg under By-law No. 2759 on June 24, 1996, aiid any amendments thereto. .11 2. INCONTESTABILirry The Owner will not call into question directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative or other tribunal the right of the Town and the County to enter into this Agreement and to enforce each and every term, covenant and condition thereof. This provision may be pleaded by the Town or the County in any such action or proceeding as a complete and conclusive estoppel of any denial or such rigillt. 3. CONSULTING ENGINEERS (a) The Owner agrees to retain a Registered Professional Engineer as the Consulting Engineer ()f the Owner 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 /�grccnicnt is completed and formally accepted by the Town and the County. The Owner Shall notify the Town of Tillsonburg in writing, regarding who the F',11gincer of Rccord is for the completion of the entire project. (b) The Owncr agrees that in the preparation of contract plans and specifications, the Consulting` Engineer will follow the following procedures all at the cost of the Owner: Design all the works covered by this Agreement, (excluding underground electric plant and street lighting which will be designed by the Town of Tillsonburg; (ll) Prepare plans, profiles, and specifications for the said works and to submit detailed plans, profiles and specifications to the Town and/or the County Town of"rillsonburg Subdivision Agreement Page 3 of 22 for approval prior to the installation of such works; Obtain, in conjunction with the Town and/or the County, all the necessary approvals required prior to the construction of the said works; (IV) Obtain the approval of the Town and/or the County of the Contractor of thc said works, (v) Supervise construction of the said works; Maintain all records of construction of the said works; (vii) Supply to the Town and/or the County, drawings on linen, mylar or equivalent, as well as in digital format as described in Section 29 to this Agreement, of all the works as constructed by the Contractor; L_ (viii) On completion of construction of the said works, to supply the Town and/or the County with a certificate that the execution of the said works was in accordance with the approved plans and specifications; (ix) Supci-vise the construction of any remedial work required by the Town and/or the County. (x) Design and carry out lot grading in accordance with the Residential Design Criteria. Such plan should address lot grading, soil conservation and erosion control plan to the satisfaction of the Long Point Region Conservation Authority, the 'Town and the County. The plan should detail methods of controlling sediment during construction as well as identifying possible downstream impacts and ways of minimizing thein. Additionally 1'C,Vicw any environmental impacts that might be identified in such plan. (XI) Submit a plan for the mitigation or removal of any contaminants identified in the Environmental Site Assessn-ient. Reports prepared for the subject property, such work being the responsibility of the Owner. (c) The Owner a.(Yt-ccs with the Town and County that no public services will be installed and no work shall be commenced until the Town and/or County has received and approved such plans, specifications, security and insurance and has expressly authorized 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 Town and/or the County. The Owner agrees to construct all services and provide other requircnicrits, which will be known only after the details of the engineering design are submitted to the Town and/or the County. The Town and/or the County may require, in writing, such a 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. 4. SCOPE OF AGREEMENT The Owner agrees to construct and complete at his own expense and in a good workmanlike manner, for th(.-,.'Fow-n and the County, all the municipal services as hereinafter set forth to the satisfaction of the Town and County, and to complete, perform or make payment for such other matters as may be provided for herein. The Owner, at his option, may request the Town and/or the County to construct the municipal services as hereinafter set forth. Where such option is exercised, the Town and/or the County shall undertake to call tenders and arrange for the construction of the services as provided herein and the Town or the County shall have sole discretion in matters pertaining thereto. The subdivision shall be developed in phases and each phase may be developed stages and Town ofTillsonburg Subdivision Agreement. Page 4 of '2 each stage of the subdivision will have the necessary services in relation to that stage and in the event that thesubdivisionis developed in stages the Consulting Engineer shall establish the amount of security I -(.)r each stage as provided herein to be approved by the Town. ]'his agreement cov(.1.1's the area and lots identified on Schedule "A" or Schedule "A" as amended. Ai-ncndl:,ng, Agreci-ncnt(s) will be required to develop subsequent phases and stages, approval ofwh1cfi will be subject to receipt of all approvals, studies, and requirements of the Town includino, engineering drawings, and amendments to Schcdules"A", ("B", 6cC Il and `(-D". n 5. LIST OF SCHEDULES The following schedules form part of this agreement and it shall be the responsibility of the Owner to ensure complete compliance to all matters related to these schedules. Schedule "A" A plan showing proposed lots, road allowances, casements, and parkland Schedule "I" IQU111111'ai -y of Estimated Servicing Costs '5 Schedule "C" Security and Cash Payment Schedule "D" linplei-ncntatl(.)n Schedule The f6flowing plans shall be submitted to the Town for approval and it shall be the responsibility of thc Owner to ensure complete compliance to all matters related to their impicnientatioli'l: A plan 0 Siowng the pi I- -oposed storm and sanitary sewer systems * A plan showing the proposed water distribution system I A plan Showing lot Brading 6. IN/IUNICIPAL St"A'VICES TO BE PROVIDED BY OWNER The Owner agrccs to construct and complete services as set out below as required by the Town. The Owner shall within twelve (12) i-nonths of the execution of this Agreement commence, and within twenty-l'ouir (24) months complete the installation of the Municipal Services listed in Section 6 of this Agi-cci-ricnt. In the case of staging, this time frame shall be applicable to the commencement (,ind completion of each stage. (a) Sanita!-3� and !-Storni Sewers, Water Mains, Services and Appurtenances Distribution System — The Owner hereby agrees to construct, at her/his own expense, sanitary sewers and a water distribution sysici-n to be connected to the existing distribution system and to be sized in accordance with the County's requirements. The syst.ci-n will, include all house services and other services from the main to the street line and all ,Appui1-.cnanccs and fire hydrants, including private service connections to the property 111111e of' every lot on the plan. The distribution system shall be designed in accordance with the County's specifications, which are in effect at the time of the installation. of this system and not necessarily those in effect at the time of this agreement, and to maintain them until the County formally accepts them. L) (ii) Size -- All sanitary and ston,ii sewers and water mains shall be of a size as determined by the Town and the County and installed at depth and on a location as determined by the Town. (111) Connection to 'Fown system — Prior to the acceptance of the water distribution system construcItcd by the Owner, the Town may connect or authorize connection into the said system, buy Such connection shall not constitute acceptance of the system, or systems, by the Tov.(-11. (1v) Approval of(,-I'ontractor --- The Town shall require all work to be done by a contractor whose C01T1pctcncc is approved jointly by the Town and the Owner, at the expense of the 0 \,k, n c r. (V) outlet -- it shall be the responsibility of the Owner to provide a satisfactory outlet for the Town ot"Fillsonburg Subdivision Agreement Page 5 of 22 sanitary sewers from the limits of this subdivision to the point of Junction with the nearest approved Towii sewer outlet. (vi) Timing --- I'lic, Owner agrees that installation will be made within the time limits speer fi. as hereinafter Inaftcr set forth and that upon completion of the works, to supply the icd Town with cuff iciciit cash or bond to guarantee the works and material for a period of two years from the date that the said works are completed and approved in writing by the 'l -own as provided for in Paragraphs 18 and 20 of this agreement. (vii) Where a plan of subdivision or portion thereof fronts or abuts on an existing street and upon which w.atcr mains have been installed or may be installed, and not paid for in full, a payment shall be i-nadc to the Town for the use of the said main or mains as the Owner's share of the water system abutting the subdivision. (Vlll) Ministry of the Environment approval — All plans relating to the installation of water mains, appurtenances and sci-viccs must be submitted to the Town and County for i approval' by the Town Director of Operations and the County Director of Public Works along with copies of the application to be submitted to the Ministry of the Environment for their appr(.wal. Bct*ore beginning any of the work, evidence must be filed with the Town that the Ministry of Environment approval has been obtained. (Ix) Road Grades --- Bcllorc actual construction begins, proof must be furnished by the Owner or his agents that the road grades have been approved by the Town Director of Operations and/or the County Director of Public Works where water mains are being installed outside the Town limits, in order that the water mains and appurtenances will be laid to the proper grade. (x) Property Stakes --- Sufficient property stakes must be available so that the proper line of the water main can be established and valves,, hydrants, services and other appurtcnai-iccs, arc properly located. (xi) Extent of \Vot-k --- The extent of the work shall be construed to consist of the labour, equipinctit and material necessary for the construction of the subdivision in a good, substantial, w(,)rkmanlIkc manner of all items required for the completion of the entire work consistiiig of all the items shown on the drawings which have been approved by -I the Town and County. (x1) Locates --- The Contractor will be responsible for obtaining the location of all other utilities such as, but not limited to, electric underground cables, Bell Telephone Conduits. storm and sanitary sewer systerns, water distribution systems, faun drainage tiles, gas S mains and services, etc. from -n the Utility concerned and must protect and/or repair Sa,nIC subject to the regulations of the particular service involved. (xiii) Replaceiiicnt to Original Conditions ---All pavement, driveways, entrances to property, lawns, retaining walls., etc. must be replaced in good condition as originally found or better, it'i consultation with adjacent property owners. (xiv) Signage,, Barrlicadcs and Lanterns -- Signage, barricades and lanterns must be installed on all works fiL)r the protection of vehicles and pedestrians and all precautions taken to minimise risk ofdaniagc and inconvenience to others. All signage must be erected and displayed iii accordance with the Manual of Unifon-n Traffic Control Devices. (xv) Safety -- All work shall be carried out so that it conl'on-ns with the regulations of the Construction Satcty Act, the Workers' Compensation Board, and the Occupational Health and Sat'ety Act, as they pertain to the safe working conditions of the persons on t, h c _job. (xvi) Support oft.-Jnderground Services —'Where an underground service is installed across another underground service, adequate horizontal and vertical bracing must be installed to properly support the affected services during and after construction of/all works as required. Town of-Fillsoilburg Subdivision Agi-ccincilt Page 6 of` 22 (xvil) R-C-1vcnictit Cuts and Road Closures -- The Contractor shall take full responsibility for pavement cuts which must be approved by the Town or County Director of Public Works arid restored to the regulations applicable. The closing of roads due to the Installation ol'sanitary sewers and/or water mains must have the approval of the Town Director ol'Operations and/or the County Director of Public Works and the Contractor -1 must obscrvc;,,,ill applicable regulations and Safety Manuals. (xvill) Valve and Hydrant Wrenches — The Contractor must have a proper valve key and hydrantwrenchon the job at all times in case of emergency and at no time is a pipf,-, or Other wrench to be used in place of the proper equipment. (xix) Supply of' Water fi-oni Hydrant — If the Contractor wishes to use a fire hydrant for a supply ofwater I -'()r construction purposes, he must obtain approval of the Town Director of'OpcnLittions and provide a proper fitting complete with shut-off valve to attach to the hydrant. Urider no condition is the Contractor to operate a hydrant repeatedly as this may cause damage to the mechanism necessitating a complete overhaul. (xx) Opening and Closing ot'valves —The opening and closing of valves and the lading of water mains ("arc only to be performed by employees of the Town. The Consulting Engineer(s) should make arrangements in advance of this type of work to be done. The cost of per 60ri-ning this service will be charged to the Contractor and all accounts shall be settled oil demand. (xxi) Connection to Town System -- 4,kll cutting or connecting to the Town's existing services shall noimially be made by the Town's -forces at the expense of the Contractor. The Contractor may pci-t'on-n this work, by permission of the Town Director of Operations and with the I iispcctor present. (xxii) In Absence (-),f Contractor -- In absence of the Contractor from the job (whether permanent or temporary), a component and reliable agent or foreman shall be left in charge ,and t1his person shall be considered as acting in place and all notices, con"It"nuilications and instruction or orders given, sent or served upon this person shall be taken as served upon the Contractor. (xxiii) Specifications -- The installations of the water distribution system is to be carried out in accordance w1th the specifications previously referred to as supplied by the County of Oxford. These specifications are considered to be a part of this agreement. (xxiv) Excavations, Backfill and Cornpaction -- All excavations on Town and/or County streets niust hal�'c the approval of the Town Director of Operations and/or County Director of Public Works., respectively. All trenches, regardless of their location, whether they are iii roadways, M the boulevards, or under sidewalks, lawns, etc. are to be back-filled with suitable material and properly compacted. Mechanical compactors are to be used where possible and compaction is to be done at least every six inches or as approved by the 'Town's Director of'Operations. No wet, frozen or unsuitable materials are to be used -t'oi- backfilling, and, in all cases, the requirements of the Town Director of Operations will be nict. VVhcrc excavations arc made in existing roadways, the pavement structure shall be rclAC1(.-cd on the top of the trench in accordance with the requirements of the Town Di rector ot'Operations arid/or the County Director of' Public Works. (b) Storm Water Facilities and Sewers Storni water t'acilitics and scwci-.�, shall be constructed within the limits of the -nent of these lands, of such size subdivi.sioii and beyond, it'rcqu*I red for the development type, position and extent as are shown on the plans and specifications approved by the Town or otherwise required by it in writing as required by the Plan of Subdivision. The Town shall require this work to be done by a contractor whose competence is approved jointly by the Town and thc Owner, at the expense of the Owner. It shall be the response bility ofthe Owner to provide a satisfactory outlet for the storm water sewers Town of 'I'll] sonburg Subdivisloti Agreement Pcat-te 7 of 22 zn fi-om the Ii--itsof this subdivision to the point of Junction with the nearest approved Town sewer outlet. The Owner shall have had a storm water management plan prepared by a technically quall-ticd consultant detailing the methods of maintaining post development flows at pre -development flows 4'()r the 1:2 and 1:100 storm return periods. The plan shall have described the methods that will be used to control erosion and control/treat surface water flow for the proposed residential development and future development lands within the watcrshcd. The plan shall be reviewed and approved by the Town and the Long Point Region Conservation Authority. The Owner shall carry out or cause to be carried out any necessary remedial works recommended by the Town and the Long Point Re Bion Conservation Authority. The ONN,ncr agrees that upon approval of the plans by the Town and the Long Point Region Conservation Authority, all buildings and structures in the plan ot'subdivision shall be erected in accordance with the approved plans under the supervision of the Consulting Engineer and these plans shall be registered against each individual lot prior to any acceptance of the Town. As part of the Storm Water Management for this development, it is recognized that the developer is providing for storm water management facilities that will benefit the development of other lands in the future. The Town of Tillsonburg will make its best efforts to recover costs identified by the Engineer of Record which may be attributable to others and seek reli-i-ibursel-nctit from other developments so identified upon the development of these lands. Said reimbursement shall be paid to the Owner -following receipt by the Town. (c) Credit for Ok-ci-sizilig The Town and ("ounty may require the Owner to oversize sewers or water mains to accommodate servicing of lands external to the subdivision lands herein. Upon such a request, the G\vncr shall be allowed a credit to be applied toward development charges for sewers I`or the subdivision equal to the cost of ovci-sizing as calculated by the Consulting Eriginecr and agreed to by the Town and County. The calculations should follow the Local Services Definitions in the Development Charge Background Study for water ai-jid sanitary sewers. (d) Roads Subject to the Residential Design Criteria, all roads shown on the said Plan of Subdivision shall be dedicated as public highways, graded, including fill or excavation as required by the Town, to their full width of the allowance. All roads shall be asphalted gild such asphalt shall be laid in at such times as may be allowed by the Town in writing. When in the opinion of the Town, it is necessary to change the grade of existing 'Town roads adjacent to or abutting the said plan, the Owner agrees to grade the road to s'ub-grade, in the manner and at the same time stipulated by the Town and shall restore the road to its original condition prior to the change in grade. Prior to acceptance by the ""own, the Owner shall maintain these roads at the Owner's cost. The naming of streets included in the plan shall be to the satisfaction of the Town. The Owner shall purchase and pay 4'()1- the installation of all street sign and regulatory signs at the directiot-i oft,le ]'own. Until thi... roads withiii the subdivision have been assumed by the Town, the Owner is 01 subdivision responsible for the erection and maintenance of signs at all entrances to the subdiv's*on stating that the roads within the subdivision have not yet been assumed by the Town t-) (c) Curbs and Gutters Concrete curbs and gutters shall be constructed on all streets within the subdivision in compliance to the Residential Design Criteria but construction shall take place only at such times as may be authorized by the Town in writing. The Town shall approve, in I C -point in front Writing,ol'the elevation and final grade of the top of curbs atthei 1-n*d1 of each lot in the subdivision prior to the construction thereof, and the same shall be constructed to the satisfaction of the Town. The Owner shall provide a record of such 'Fown ofTillsonburg Subdivision Agreement Page 8 of 22 heights and grades to the Town. Prior to acceptance by the Town, maintenance and repairs of all curbs and gutters will be the responsibility of the Owner. (1) Sidewalks quid/or Pedestrian Walkways Concrete, sidewalks shall be constructed in compliance to the Residential Design Criteria on at least one side of those streets shown within the subdivision and on both sides of collector and arterial streets as specified by the Town. Sidewalks, where required in the subdivision, shall be constructed with and at the same t'irnc as the construction of curbs and gutters or at such time as may be allowed by the Town in writing. Sidewalk ramps will be constructed at intersections or where required to the satisfaction ofmaintenance Town. Prior to acceptance by the Town i intenanceandrepairsofall sidewalks will be the responsibility of the Owner. (g) Street 1.i,,ght111.9 The Owncr shall contract with the Town for the installation of street lights on each street as shown on the plan to the satist-action of the Town and to pay the Town the cost thereof in accordance with the work in Schedule "C". (11) Underground Flcctric Plant The Owner hereby covenants and agrees to install an electrical distribution system on each street asshoe n on the plan to the satisfaction of the Town and to pay to the Town the cost thereof' in accordance with the cost as set out in Schedule "B". Drainag,L--.and F-rosion Control Works The Owner shall undertake a geotechnical study to the satisfaction of the Town and the Long Point lZcgion Conservation Authority to address the stability of all slopes and make i-cconin,icndations for any remedial work to be undertaken by the Owner as well as providing for mininiurn set back requirements taking into account the findings of the study. (J) LT(lp,soil ar-id Sod -//Seed on all Unpaved Portions of Road Allowances The Owner is, responsible for topsoil, and sod/seed on all unpaved portions of road fllowani,,., --cs complete with I 00mm of topsoil and # I nursery sod in accordance with the approved grading plan and to the satisfaction of the Director of Operations. (k) Park Dcycl(Tinicnt The Owner is responsible for development of all parkland within the limits of the subdivision to the standards for park development in the Town, including grading, and installation ofsod/secd, as outlificd in the Residential Design Criteria. Development of these parklands shall be in accordance with Section 27 (e) of this agreement. i. LIENS AND Ct..,AINIS The Owner ain-ccs. that upon applying for final acceptance of all services in the said in subdivision, to supply the Town and County with a Statutory Declaration that all accounts for work and materials have been paid or provided for and that there are no claims for liens or otherwise, on bchall'of the Owner in connection with the subdivision. H. C0N1PLIAN(--.`E WITH RESIDENTIAL DESIGN CRITERIA All works described in this Agreement shall comply with the Town of Tillsonburg Residential Design Critcrta. Town 01"Fillsonburg Subdivision Agreement Page 9 of 22 9. INSPECTION(` ORK The Town and/or County reserve the right to h,,ive inspectors/consultants employed by the Town and/or County to review all plans and specifications and observe the construction and installation of serNtic(.--s at any time. The Owner hereby agrees to pay all accounts of the Town and the County in connection with the inspectors/consultants within ten days of them being completed in accordance with the specifications of the Town and the County. 10. FAILURE TO INSTALL OR REMEDY FAULTY WORK If, in the opinion of the Town Director of Operations, the Owner: (a) is not prosccuting or causing to be prosecuted the work required in connection with this agrccilicnt within the agreed upon times, or in order that it may be completed within the agreed upon times; or (b) is -ii-nr),-()p(-,rly peri-brilling the work; or (c) has neglected or abandoned before the completion, or unreasonably delayed the same, so that conditions of this agreement are being violated or carelessly executed or in bad faith; or (d) has neglected or refused to renew or again perfon-n Such work as maybe rejected by the Town Director (A'Operations as dcfcctivc or unsuitable; or (c) has de -faulted perforniancc of the ten -ns of this agreement, then, in any such case, the Town Director of Operations shall promptly notify the Owner and his surety, in writing, of such default or nciglcct and, if such notification be without effect within seven days after such notice, the 'I"o')wn Director of Operations shall thereupon have full authority and power to purchase materials and employ workmen and machines for proper completion of the said work at the cost and expense of the Owner or his surety or both. In case of an emergency, in the opinion of the Town Director of Operations, such work may be done without notice. The cost of such work shall be calculated by the Town Director of Operations whose decision shall be final. The cost of this work, together with an Engineering fee of 5% of the cost of materials and work shall forthwith be paid to the Town by the Owner on demand. Should payment not be received i6 lowing the issuance ot'an invoice from the Town, the Town may draw upon the security which has been provided by the Owner. It is ftu-thcr undLi-stcxxi and a&mx-d Ix-twcen the parties hL-r.Ao that such entry upon the lands, shall be as an agent for the Owner and shall not be dcc-i-iiLx1 for any an acceptance of purpose whatsoever as the said scm'ccs by thcTown. 11. ASSUMPTION OF SERVICES BY COUNTY 12. Once the sanitary scwcT,,s and water distribution system have been installed to the satisfaction of the Town and the County, the sanitary sewer trunks and water distribution system will be asstnne and operated by the COUnty widAL)r the dcsigmatc-d service provider at no cost to the County and/or the designated wl-vice provider. LANDSCAPING - CONTOURS - FINAL GRADES & SURVEY MARKERS (a) The Owner agrees to deposit with the Town a plan that is in compliance with the Residential Design Criteria showing: Tide existing and final elevation of the said lands as determined by reference to a geodetic benchmark or an alternate bench mark acceptable to the Town; of Tillsonburg Subdivision Agreement Page 10 of 22 (11) The final grades of all roads as approved by the Town Director of Operations; (lli) I -Ilea lands designated for drainage works and locations of easements as may be t-eqtilreld for niunicipal services. (b) Barriers along Conservation Authority Lands - The Owner agrees that a snow fence or other barrio t, suitable to the Town shall be erected by the Owner along any setback line established by the Long Point Region Conservation Authority prior to the coninicricerncnt of grading., construction and shall remain until all grading and constrLICA1011 CIIII(I resodding have been completed. (c) Sol] Disturbance -The Owner agrees that no construction or soil disturbance shall take place b(-Io)v any setback line established by the Long Point Region Conservation Authority without a geotechnical study prepared by the Owner for the review and approval cif the I-ong Point Rcut)lon Conservation Authority. (�l) Removal ofTrccs - The Owner agrees trees, other than those which are diseased or dead, shall not be removed other than in an area to be occupied by a dwelling, driveway or landscar)e structure without the approval of the Town and shall be undertaken in accordance with the County of Oxford Tree Cutting By -Law and Town of Tillsonburg Tree Po'IICNI. (c) Soil, Scled and Sod - The Owner agrees to grade, provide top soil and seed or sod the portion of the street allowances lying between the front property line of lots and the curb save and except any private allowances. Grading, Rcquircnicnts - The Owner agrees to extract from each purchaser a covenant in the nature of at restrictive covenant running with lands that the grades and levels will be maintained in accordance with the approved drainage plan and that no lot will be filled, cut or encumbered so as to interfere with drainage and the grades and elevations and only changes will be reviewed by the Town if accompanied with an Engineer's drawing stamped and signed. The Owner and each subsequent purchaser agrees that no soil disturbance n-tay be made on the Town lands without the consent of the Town. (g) Foundatlort, Control Certificate and Final Grading Certificate — foundation control and final gr(--iding certificates will be required in compliance with the Residential Design Criteria. (h) Ontario Land SUrveyoi- -The Owner agrees and shall deposit with the Town a certificate fi-om an Ontario Land Surveyor on completion of construction of curb and base asphalt, and underground services certifying that all survey monuments as shown on the regi stored 1flan are in place and are located at grade. (i) Tree Planting - The Owner agrees to provide the Town with a tree planting plan detailing location and type of all trees to be planted on both public and private lands in accordance with the Town's Trce Policy. 13. FENCINCI The following fencing shall be erected by the Owner: (a) a chain lint: 1ence ofi-nininium 1.83 m height along the mutual property line between the draft pkIn of subdivision and the CN Rail Line to the satisfaction of CN Rail. 14. DEVELOPMENT CIIARGLS The Owner agrees with the Town and County to pay all applicable charges in the Town of I Tillsonburg M.riVC1 opi-nent Charges By-law no. 3124 and the County of Oxford Development Charges By-law No. 4436-2004, as amended and/or replaced from time to time. Town ol"Fillsonburg Subdivision Agreement Pagc I I of. )2 15. %AIATER ALLOCI A ry ION Water and wastcNN,atcr allocation will be allocated for this development at the time of registration according to the [)i -o locol. tbi- Allocation off'Vater and Sewage Cal-)acitV.fb1- 0ei,ololmient — ol'7'111sonburg. The allocation protocol considered will be the current edition of the document at the time of registration as the protocol may be amended by County Council resolution 4-1-orn time to time. Prior to the -fiinal approval of each phase of the subdivision plan, the Owner shall receive confirl-nation fi-oni the County of Ox -ford Department of Public Works that there is sufficient capacity in the 1-111-1-1,oiiburg water and sewage system to service the requested phase of the plan of subdivision. 1 16. PUBtAC 1,,/-kNiD1S The O-vN7ncr ag rccs to convey to the Town the lands which are required for public purposes by as hereinafter set forth: (a) Park Lands and Storm Water Management Lands - The conveyance of parklands and storm water n-ianagcn-ient lands free of all encumbrances in the subdivision shall be made by the Owner immediately following registration of the plan and prior to the installation of any services as may be applicable. Such parklands shall be developed at the cxp(.--.nsi'.-,- of the Owner to such standards as approved by the Town, including grading, dnainagc and landscaping in compliance with the Residential Design Criteria. (b) Easci-nci,-Its & Right -of Ways - The Owner agrees to grant to the Town and/or the County, frec ol'charge, all permanent and temporary casements as may be required for municipal S'cr-'iccs and drainage purposes and shall deposit with the Town or County a Plan of Survey thcrcofprlor to acceptance of the services. The easements and right-of- ways to be dedicated to the Town and County arc shown on Schedule "A" attached hereto or aks May be required by the Town and/or County to implement this plan. 17. LIABILITY INSURANCE The Owner or contractor to whom the construction is let must be a company in good financial standIng, with the Town and County and, before commencing any of the work provided for herein, shall supply the Town and County with the Liability Insurance Policy in a fori-i-i satis fidcitor/ t« the ]'own and County, indemnifying the Town and County for any loss arising fi-oin claims 16j, damages, injury or otherwise in connection with the work done by the Owner, his servants or agents I gcnts in the said development. The Insurance will name the Town and the County, as additional insured, and will be in the amount as set out elsewhere herein under the general terns of thisac,rcet-nent with the Town and the County. The Owner shall, at its own expense., obtain and lodge with the County and Town a Certificate of Insurance satisfactory to the County and Town indemnifying the Town, the County and the Owner with cros.s, liability endorsement against any claim for public liability, personal injury, including death cl r property damage to Ili -nits of 52,000,000.00, inclusive, for any one accident arising in any way out of the construction, installation, repair or maintenance of all works and services required herein to be done. 'flie Owner shall provide the County and Town with satisfactory evidence of the renewal of the said policy at least fifteen (15) days prior to its expiry. The said policy shall not be subject to cmccllation without thirty (30) days prior to its expiry. The said policy shall not be subject to cancellation without thirty (30) days prior written notice to the Town. '['he Owner shall, at its own expense, maintain the said policy of insurance in fiull force and effect until the expiration of the period of guarantee. Fc-,tllurc to procure and maintain the said policy of insurance shall constitute a default under this Agq-eci-ne-nt The Owner cc),venants that it will indemnify and save harmless the Town and County from any and 'Town ofTillsonburg Subdivision Agreement Page 12 of 22 all claims, demands, actions and causes of action,, whether the same shall be successful or unsuccessibl an(] ftoni all costs to which file Town and County may be liable, suffer or be put to in respect of any, such action, cause of action, clW*i­n or demand on any way arising out of or alleged to arise out of any work, service, operation or thing constructed, installed, repaired, maintained or done or admitted to be done oi- negligently done by the Owner, his servants, agents, contractors or subcontractors Wider them I in respect of the said works and services,, whether or not the same shall be required to be done under the teri-ns of this Agrcement(-Ind including (without limiting the generality of �'%repair*f any the foregoing), thc alteration of any &n-adc or existing level construction, maintenance or o street. 18. PERFORMANCE GUARANTEE - SECURITY As security f'()r thl.' COIlSt.1-LICtion and installation of services required by this Agreement and prior to the coninic'mcci-nent of any work in any stage of the development provided therein, the Owner shall supply theTown with security as more particularly set out in Schedule "D" hereto, for the perforn-iaticc and completion of all works required by this Agreement as each stage proceeds m an amount equal to thc estimated cost of all works in that particular stage and further guaranteeing the workmanship and material in lieu of all other guarantees and wCarrantics exprcs'S, Or implied for a period consistent with the Residential Design Criteria from the date that the sa](1 works are approved in writing by the Town's Director of Operations, and such security n-iav be in the form of any of the following combination therefore as is acceptable to the 'Town (Ca) A cash deposit with the Town; (b) An 1*1_rcV0C(,.1ble [-.,ctter of Credit in a form acceptable to the Town from a chartered bank expressing to be pursuant to this Agreement and payable to the Town at any time or in part frorn tinalet to time., upon written notice from the Town that the Owner is in default under this Agreement; (c) A Cei-tl*,,:Flcc,,[tc ot."Frust deposited with a chartered bank or trust company in a form acceptable to the Town expressed to be pursuant to this Agreement and providing for payment to the Town of the sum deposited or any part thereof from time to time upon written notice from the Town that the Owner is in default under this Agreement; (d) 11 -le Owner iiiay convey to the ]'own as each stage proceeds, as security for the performance of the Agreement, title to the lots listed and as described in Schedule "A" hereto free of encumbrances. Such conveyance shall be certified and registered by the Owner's solicitors, at the Owner's expense, provided however where lots are to be N conveyed (as security, the total value as set out in Schedule "D" shall not form more than 701/0 of the amount of security required. Any lots conveyed hereby shall be held in trust by the rl,()Wll and dealing with said lots will be prohibited until such time as the work or part of the work has been completed. 'I'licTown ',1icrcby agrees to release the lots in exchange for other security as provided herein. It is understood that development of the Plan of Subdivision may progress in stages and 16r that purpose, on completion of each stage, the Town agrees to release lots abutting oil the works so completed to the satisfaction of the Town of Tillsonburg, but al I works dial I be completed for each stage within three years of the commencement of that part ICUlar stage. In the event of failure of the Owner or the Owner's surety or guarantor to plert'Orni within the time permitted herein the Owner's obligations hereunder within si'x months after requested to do so by the Council of the Town, or in the event of the Owner's insolvency or bankruptcy, the Town shall be at liberty to arrange for completion of the works and to sell the said lots as set out in Schedule "A" and to apply the procc&IS thereof) firstly to the cost of such works, and secondly such surplus to be returned to tho.-%. Owner. The Town shall not be required to account for the sufficiency of the sale price of lots sold under this paragraph but shall have sole discretion as to sale price, terms and conditions, and the values set forth in Schedule "D" shall have no application as to the Town of-1,111soliburg Subdivision Agreenic'nt Page 13 of 22 price of ,any leets sold by the Town under the terms of this paragraph. The Owner shall be liable for municipal taxes and the maintenance of same should it convey to the Town such lots as security. 19. MAINTENANCE; DEPOSIT The Owner shal l priI)vide a two year maintenance deposit in an amount which is equal to 10% of the total contract price including all materials and labour and shall guarantee the materials installed and the proper installation of all services. The malntc riancc; deposit shall be In the form of cash or letter of credit. t. The Town shall only release this maintenance deposit once the Town is satisfied that all services and mate-i-ials have been properly installed and functioning in a capacity that is satisfactory to the Town. .11 20. ADJUSTMEN"1, OF SECURITY The Owner shall have the right from time to time to apply to the Town for a reduction in the security then held by the Town based on the state of completion of any work for which security has been given pursuant to this Agreement and provided all works are in compliance with the Residential Design Criteria, provided that in no event may the said security for any services be reduced below an arnount equal to ten percent (10%) to be released upon the expiry of the warranty period being consistent with the Residential Design Criteria. 21. PAYMENT OF SOLICITOR'S/CONSULTANT'S COS"I' The Owner consents to the registration of this Agreement upon the title of the lands within the plan, and agrees to pay f Orthwlth, on demand, all reasonable solicitor's and consultant's fees and disburseln(.-%nts irrcurrcd by the "Town in any way arising out of this Agreement, including the preparation thi�rcof and of other deeds, conveyances, registration and agreements. 22. ACCE1)rTANCE OF SUBDIVISION The Towel agrees to accept the subdivision as shown on the attached copy of the Plan for Registration, and to declare the streets shown thereon to be public highways when constructed and assumed. /0y assumption or operation by the County of Oxford of the water and sewage systems within th draft plan shall be subject to the approval of the County of Oxford. 23. NOTIFICATION OF EXECUTION rl'he 'I"own agrees to notify the County and Dong Point Region Conservation Authority of the signing: of this Agreement and that conditions set out in the County's letter applying to the draft approval of this plan for registration have been met to the satisfaction of the Council. 24. PAYMENT OF COSTS & SERVICES Where any work 1 s c,rrrled out by the Town on behalf of the Owner, it shall be the duty of the Town to carry oLIL tl-'jie work in an efficient, prompt and careful manner and to render a full account of its costs incl expenses to the Owner within thirty (30) days of the completion of the work or such portion of the work where such is carried out by stages. It shall be the duty of the Owner to pay to the Town its bills and costs and expenses within thirty (30) days of the delivery to the Owner of the Town's demand for payment, unless some issue shall be in process of arbitration, and then within thirty (30) days after the date of the arbitration award, and such sums nicay be recovered by the Town in like manner as municipal taxes pursuant to Sc;ctimi 35 r4'the MLjnicipal Act, R.S.O. 1990, M.45 against lands retained by the Owner or field by the 'rown as security. Town of"Fillsonburg Subdivision Agreement Page 14 of 2.2 25. ARBITRATION OF DISPUTES It is contemplated that there is room for differences between the Owner and the Town and/or the County in respect of the quality of workmanship involved in the work to be done and that losses may occur which increase the Town and/or the County's costs and expenses which are not properly the responsibility of the Owner in the construction, meaning or effect of this Agreement or related agreements made between the parties. These and all other differences between the parties arising out of this contract shall be referred to a single arbitrator, if the parties agree upon oti:,c, otherwise to three arbitrators, one to be appointed by each party to the rcfci-cncc and a third arbitrator to be appointed by the first named arbitrator in writing before they enter upon the ',business of the reference; and if either party shall refuse or neglect to appoint an arbitrator within five days after the other party shall have appointed an arbitrator and shall have ,served a written notice upon the first mentioned party requiring such party to make such appointment, then the arbitrator first appointed shall, at the request of the party appointing him pr(,)CCCd to hear and determine the matters in diftbrence as if he were a single arbitrator appoint(.,,d by both parties l'or the purpose, and the award or determination which shall be made by the said arbitrators or the majority of them or by said arbitrator, shall be final and binding upon the parties hereto, their successors and assigns. 26. ISSUANCE OF 13UILDING PERMITS Building permit iipplications will be considered subject to the following conditions for lots identified on Schcdullo"A": (a) road allowance has been graded, incl tiding fi 11 or excavation, to its full width; (b) curbs and gutters have been installed; (c) base lift of,,-ispfialt has been laid; (d) underground -water, sanitary and storm sewer systems and hydro, services have been installed:, and; (e) development charges 16r the lot, which a pen -nit is being applied for, have been paid in accordance with the requirements of both the Town and the County. (f) the Engineer of Record having certified to the Town the above work having been completed as per the approved plans and the Town having inspected and verified that the work has bcen constructed as per the approved drawings; (g) a certificate fi-oni an Ontario Land Surveyor certifying the replacement of all survey bars having been, filed with the Town. Buildingpermit appllcafiions will not be considered for subs(�-ucntphascs pfiorto the approval ofthcrespectivc Phase in accordance with Section 4. This provision may be varied upon the approval of the Town's Director of Operations. Building permits will Ix., all()wLxl for two (2) model homes subject to building dcparb-nent appn)val and if services are not yd availdble asecurity deposit will be required. 27. SPECIAL PROVISIONS rfhe owner undcrtaki�s as f'ollows: a) The Owner shall revise the subdivision plan to increase the width of the Park Place road allowance to 20 ni (65.6 ft) and eliminate the associated 2.5 m (8.2 ft) easements along both sides, to the satisfaction of the T'own's Director of Operations. b) The Owner shall revise the subdivision plan to incorporate a block, to be dedicated to the Town, to provide a connection from the south end of the Park Place cul-de-sac to the proposed stori-nwater management block to the west, to the satisfaction of the rj,()wI1,S Director ot'Operations. c) The owner shall agree to ensure the proper 1-naintcnancc and repair of the downstream section (Honsbc rger Municipal Drain) is undcrtakcn in a timely fashion. Town of Tillsonburg Subdivision Agreement Page 15 of 22 d) Prior to the signing of the final plan by the County of Oxford, the owner shall provide the required paymen-t of 5'r(') cash -in -lieu of parkland dedication. C) Prior to the: signing of the final plan by the County of Oxford, the owner shall submit a report preparcd by a qualified engineer based on the appropriate Ministry of the Environment ,And Energy requirements and guidelines. This report shall identify any potential contaminants on the site. Prior to the signing of the final plan by the County of Oxf'()i-d, the ovv,n(,Ii- will be responsible for the mitigation of any contaminants identified in this report to the satisfaction of the County of Oxford. To assist the County in its review of the owner's c119mecring report, the County may retain its own qualified engineer, at the owner's cx�P crise, to undertake a peer review of the original report. k) Prior to the signing of the final plan by the County of Oxford, the owner shall submit an archaeological asscssi-ncrit report of the subject lands and through avoidance or documentation/excavation, mitigate the development impacts to significant heritage resources found, to the satisfaction of the Ministry of Culture. No demolition, grading or fiwthcr soil di"StUrbatices shall take place on the subject property prior to the issuance of a r Ministry clearance letter f'oni the Ministry of Culture to the County of Oxford indicating that all arch acol ogi ca] C-,VSscssi,-ncnt and/or mitigation activities undertaken have ii-ict licensing and resource consc,,.rvation requirements. 1) Prior to the signing of the final plan by the County of Oxford, to be advised by the Long Point Region (.--/oiiscrv(--,-Ition Authority that Condition Numbers 12 and 13, as set out in the County Conditions of the Draft Approval ofthc Plan of Subdivision, have been met to their satisfaction. TI-ic clearance letter shall include a brief statement detailing how the conditions lia\,,,c been satisfied. rn) Prior to the signing of the final plan by the County of Oxford, the County is to be advised by CN Railway, that Condition Number 121 as set out in the County Conditions of the Draft Approval of the Plan of Subdivision, has been met to their satisfaction. A clearance letter shall include a brief statement detailing how the condition has been satisfied. n) Prior to the sighing of the final plan by the County of Oxford, the County is to be advised by the Town of'Fillsonburg that Condition Numbers 1, 2 and 6 to 15 (inclusive), as set out in the County Conditions of the Draft Approval of the Plan of Subdivision, as set out in the County Conditit,)tis of the Draft Approval of the Plan of Subdivision, have been met to their satisfaction. Ik clearance letter shall include a brief statement for each condition detailing how each has bct.1i satisfied. o) Prior to the signiling of the final plan by the County, the County is to be advised by the County of Oxford Public Works Department that Condition Numbers 3 to 6 (inclusive) and 14 have been inct to their satisfaction. A clearance letter shall include a brief statement for each condition detailing how each has been satisfied. p) Prior to the sigriing of the final plan by the County, the County is to be advised by the Ministry of Culture that Condition Number 15 has been met to their satisfaction. A clearance Ictti.--.r shall include a brief statcrncnt detailing how the condition has been satisfied. q) This plan of' subdivision shall be registered by September 27, 2008, after which time approval of this draft plan shall lapse unless an extension is authorized by the County of 0 x to rd. 28. CONVEVANCES The owner shall I)rolvldc an undertaking to the Town with the execution of this Agreement to deposit with the Clerk a properly executed copy of conveyance concurrent with the registration of' the Plan of all lands to be conveyed to the Town under this Agreement and copy of registration of this Agreci-nerit against all lands subject to this Agreement. Lands to be conveyed to the Town free of all encumbrances and to the satisfaction of the Town shall include: Town of "T )11sonburg Subdivision Agreement Page 16 ol'22 a) Block 57 for stor,mwatcr management purposes; b) Such easements as i -nay be required for utility or drainage purposes shall be granted: c) A 0.3 ni reserve along the cast side of Quartcrline Road, along the westerly sides of lots I and 51 shall bi.1% dedicated to the Town of-rillsonburg, 4-1-ce of all encumbrances. 29. IMPLEMEN"I"ATION SCHEDULE The Owner- hercby andcrtakes to complete the work herein in accordance with the fimcfi-amcs set out in Schedule "C►". 'Variance to this will only be allowed if approved in wn*tln(,rkt.) by the Town. Failure to comply inay result in the Owner being in default of this Agreement and the Town may remedy tli]*S pursuant to Section 10 of this Ag -regiment. 30. DIGITAL CO1?IES OF PLANS AND DRAWINGS The Owner shall Provide the Town and County with digital versions of all plans and drawings in AutoCAD drawinLl, files (.DWG) and shape files (.SHP) with attached database infomiation, or in a cui-rent AutoCAD format approved by the Town and the County. 31. AG'REEMEN'I" BINDING This Agreement and everything herein contained shall be to the benefit of and be binding upon the parties lici-clo., their successors and assigns. 32. NOTIFICATIONS AND CHANGE OFOWNERSHIP If any notice is rc(juirlod to be given by the Town or the County to the Owner with respect to this agreement, such notice shall be i -nailed or delivered to: 2143077 Ontario hic. P.O. Box 1595 Woodstock, ON N4S OA8 or such address, as the Owner has notified the Town Clerk in writing, and any such notice, mailed or delivered is dcximied good and sul-ricicnt notice under the terms of this Agreement. i Should the Ownci-s,ell all Or a portion of this subdivision, all terms and conditions age: eed to in th Is Agn,cci-i-ictit are to he trans -t -erred to the new owner(s). The Town and County will require the new owner to accel'L?t ) in writing, the terms and conditions outlined in this AgTeement, If this acceptance of the teii-ns and conditions of the Agreement from the new owner(s) is not received by the date of sale or transfer, the ten -ns and conditions agieW--- to in this Agreement shall remain the responsibility of the previous owners. 33. REVISIONS ,I,,o Tj 11S AGREEMENT Upon Written noti I ication to all parties, the Town, the County and/or the Owner have the night to request revisions to this Agreement provided that the AgIreement has been *t-, effect for a 11111111-nuill of tive veal-'. 34. AGREEMENT REGISTERED This Agreement shall be registered by the'Yown of Tillsonburg against all lands to which it applies at the cost of the Owner. Town ofTillsonburg Subdivision Agreement Page 17 of 22 IN WITNESS WHEREOF the parties hereto -have hereunto affixed their Corporate Seals this (hiy of 2008. ) 2143077 Ontario Inc. )Brucc.lohnston, President I hc-tvc thc.- authority to bind the Company THE CORPORATION OF THE TOWN OF TILLSON BURG MAYOR- ---- Stephen Molnar C.A.0,.//C'LElZK - David Morris )TI -11E CORPORATION OF THE COUNTY OF OXFORD Wardell Kcii-i VvIlilteford CAO/Cicrk Town cif" Tilisonburg Subdivision Agreement Page 19 of 23 SCHEDULE "A" SUBDIVISION PLAN As prepared by Kite Hustcd, O.L.S. ROAD AUAWAWA MKTWSM LOTS 7 AND • smom _ OUARiLR TOWN a o , � � f o �► �u I �J► 'R K O In ! a4 � ` r ., *4oo i ,4 , r� Z O 0 .. 0 a -4 o t�1 -4 O � ! - Iq .{ O ,t to r- 4 r - ch Y� R Lo,r w fti1OVIED PLAN 1N9i STORM SEWERS | ____�__' _. Wmm DIA PIPF io0r-,m DIA PIPE -~`-----------'— ------- _ _- - '525rnr-t DIA PIPE jMmm DIA, PIPE _______- i 500mm- Dia MANHOLES 120Jrnm DIA CB MANHOLES C,13 W1 LEADS DBI CB W,'LEAD RL r-'ATCHBASINS SIC 2000 DICB 12,15mm DIA. SERVICES STORM SUBTOTALS WATERMAIN -5 DEG BEND - 150fTim ,"OOrrm CAP W/,90mrn Bt OW Of F " -i(Xirnm GAT E- VALVI Towoo[TiU*onbu,g SubdiviyionAg,00ncot yogc2Oo[Z3 SCHEDULE "8Bn PLAN 32 rl",_ PARK PLACT SUBDIVISION, PHASE X TOWN OF TILLSONBURG QUANTITY UNITS UNIT PRICE TOTAL PRICE FA EA $700-00 $700-00 13 4 r1l $155-00 EA E7A $1,800-00 $16,200-00 EA $20,000-00 $20,000.00 $650-00 $32500-00 m $100.00 EA $100.00 $100.00 LA $690-00 $34,500-00 A $46,800-00 LA $2,800-00 -Fowll o1" FillSonburg Subdivision Agreement I)ao-c 21 of 23 VATERMAIN SUBTOTAL DESCRIPTION QUANTITY UNITS $137,700.00 UNIT PRICE TOTAL PRICE ZOADWORK RANUL.Af\ 'B' 4501>>m f)E F' ; f 1 D ;FtANULAIl 'A' 150�Y'ni E_f' I Ei -- - ---- — ----- — - -- _ --_ - - j )PSD 600.10 CONCRETE- CURES I it Ei BASE ASPHALT 50mrn DFF'T FI - -- -- ---- -- --- - _ --__-----_- -- — --. , Il3 SURFACE_ ASPHAL T . 40mr7, DEI'TN ?O[J[ EVARD TOr SOIL & SQ[) )RIVFWAY RAMPS WADWORK SUBTOTAL VI-ISCELLANEOUS-- �IUI_WAE k; �'F'IZAP I URF REINFORCEMENT A i PONF) OVERT MVI tOFISOIL. AND SEED AT PONDS UPSCIL_ E E NC)INEE RLL FILL_ ,F�s;_ SIL USED AS ► It I IFv FORTE(_) F li._t_ SIF. i E: N(+ Sit SACKS I E_MP' SF_E)IME:NT PONDS W/ I M- 1 M RFMOVF EXISTING SIE) WAI K 1 ORM DRAIN RF MOVAI_ PONT) F.ANDSCAPING CONS T RUM ION LAYOU 1 PF.R.ORMANCE, M&I_ PAYME- N T BONDS F iNSURANCf_ ----- - - – -' � AS (,uNSI*RUCI E D DRAWINGS MISCELLANEOUS SUBTOTAL SUBTOTAL CONTINGENCY / PROVISIONALS i SUBTOTAL GST (5 /o TOTAL E 100 __ 190n u P) - -- --- 420 :3200 > lE; I(� 0 i 1 GA 2O � 1300 28uc Thr}i� 11,70 1 -- --- 1 TONNE- $11.30 $13.40 $68,930.00 __-- $25,460.00 - 1 ONNE m_ $45.00 $43,875.00 _ _ TONNE $90.00 $51 ,750.00 - - -- - TONNE - $98.00 $41,160.0.0 sq m $7.00 $22400.00 ea $500.00 _ $25,500.00 — rri2 $279'075.00 — -- — -- - $40.00 $23,120.00 cu.rn m2 m7 cu rn $150.00 $2,400.00 $20.00 $1,400.00 — $3.00 $5,190.00 $2.00 $14,960-00 --- — CA)- cu.m cu M cum ---- - -- $3�00 $29,250.00 - --- $3.00 $31,260.00 $5.00 $6,500.00 $3.00 _ $8,400.00 cu.m EA EA ' Ls $10.00 _ — _— $36,000.00 $7.50` _ $6,525.00 _ $35.00_ -- $1,260.00 $1,000.00 $2,000.00 _ $1,000.00 $1,000.00 — _LS - LS I_S $2,500.00 $2,500.00 _ $10,000.00 $5,000.00 _ $10,000.00 -_- $5,000.00 I S LS Ls i $5,000.00 $5,000-00 -- r 0000 $1,5. . $_1.50000 — $5,000.00 -- $5,000.00 $198,265.00-- $939,043.00 --- $939,043.00 — — - -- ---__ _ $469-,952.15 $985,995.15 Town of Tillsonburg Subdivision Agreement Page 22 of 23 SCHEDULE "C" SECURI I-V, CASA and DEVELOPMENT CHARGE PAYMENTS PLAN 32T-99004 2143677 Ontario Inc. "-I-'OWN OF TILLSONBURG INTERNAL AND u'.v ERNAL COSTS Cash Deposit upon Execution of Subdivision Agreement to Town of Tillsonhurg A) Construction Cost Estimate $985,995.15 Security! Prior to Constriction and Registration of flail of Subdivision Irrcvoc;ablc: Letter cit' C -odit NU"i^'E: Security will be based on current costs and standards. $9851995.15 'Yoe. n of Fillsonburg Subdivision Agreement Page 23 of 23 SCHEDULE "D" IMPLEMENTATION SCHEDULE Completion Date N,Ionth/Year l . Uriclergroun(I SCI-VICCS --- ,�atlit.ary & Storm Sewers, Watennain May 2008 ?, Storniwater Management I-Imi(I May 2008 3. Road C011Struc0011 -- il-lchidHio CVurbs, Granular A & B, Base Lift Asphalt June 2008 4. Utility Serf icily, --- I Gas, Telcphonc, Cable TV June /July 2008 5. SiLIMalks 6. Strcct Lioliti l l .0,, 7. Bo ulcvarcf Rcst(�ratl(m - including topsoll aiid sod 2008/2009 (after lots are developed) June/July 2008 2008/2009 As lots develop S. 'Fop Lift Asphalt c;.2001 0 — to be c;olifirmcd wlth 'Fowii