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3314 Schedules Baldwin Place Phase 8 Amending Agreement• LRO # 41 Notice Under 5.71 Of The Land Titles Act The applicant(s) hereby applies to the f_and Registrar. Receipted as CO40187 on 2008 08 26 at 11:20 I Properties PIN 00025 -0585 LT Description LOT 74, PLAN 41M182, TILLSONBURG. Address TILLSONBURG PIN 00025 -0908 LT Description PART OF LOT 80, PLAN 41M182, EXCEPT PART 32, 41R7764, SIT EASEMENT IN GROSS OVER PART 12, 41R7775 AS IN CO30245; DESIGNATED AS PARTS 16-20, 41R8228 & PARTS 157-158, 41R8228; TILLSONBURG Address TILLSONBURG PIN 00025 -0590 LT Description PART OF LOT 79, PLAN 41M182, DESIGNATED AS PARTS 21-23, 41R8228; TILLSONBURG. Address TILLSON BURG PIN 00025 -0589 LT Description LOT 78, PLAN 41M182, TILLSONBURG. Address TILLSON BURG PIN 00025 -0588 LT Description LOT 77, PLAN 41M182, TILLSONBURG. Address TILLSON BURG PIN 00025 -0587 LT Description LOT 76, PLAN 41M182, TILLSONBURG. Address TILLSON BURG PIN 00025 -0885 LT Description PART OF LOT 67, PLAN 41M182 EXCEPT PARTS 39 & 40, 41R7764; DESIGNATED AS PART 78, 41R8228 & PARTS 159-189, 41R8228 & PARTS 203-213, 41R8228; TILLSONBURG Address TILLSONBURG PIN 00025 -0579 LT Description LOT68, PLAN 41M182, TlLLSONBURG. Address TILLSON BURG PIN 00025 -0580 LT Description LOT 69, PLAN 41M182, TILLSONBURG. Address TILLSONBURG PIN 00025 -0581 LT Description PART OF LOT 70, PLAN 41M182, DESIGNATED AS PARTS 124-156, 41R8228 & PARTS 190-201, 41R8228; TlLLSONBURG. Address TILLSONBURG I Consideration Consideration $ 0.00 I Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name TILLSONBURG DEVELOPMENTS INC. Address for Service P.O. Box 151:1 Tillsonburg, Ontario N4G4H5 I, STEVEN H. SMITH, Vice-President, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. yyyy mm dd Page 1 of 11 0 Affects Part of Prop 0 Affects Part of Prop l?J Affects Part of Prop [?J Affects Part of Prop • LRO # 41 Notice Under S.71 Of The Land Titles Act The appJicant(s) hereby applies to the Land Registrar. Receipted as CO40187 on 2008 08 26 at 11 :20 yyyy mm dd Page 2 of 11 I Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equlty in land Name THE CORPORATION OF THE TOWN OF TILLSONBURG Address for Se,vice 200 Broadway, 2nd Floor Tillson burg, Ontario N4G 5A7 Thls document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation by Stephen Molnar, Mayor and Michael Graves, Clerk. Name THE CORPORATION OF THE COUNTY OF OXFORD Address forSetVice P.O. Box 397 415 Hunter Street Woodstock, Ontario N4S 7Y3 This document is not authorized under Power of Attorney by this party. This document is belng authorized by a municipal corporation by Paul Holbrough, Warden and Ken Whiteford, Clerk. I Statements The land registrar is authorized to delete the notice on the consent of the following party(ies} The Corporation of the County of Oxford and The Corporation of the Town of Tillsonburg Schedule: See Schedules I Signed By Scott Keith Campbell Tel 519-842-3658 Fax 5198425001 I Submitted By GIBSON, LINTON, TOTH, CAMPBELL & BENNETT Tel 519-842-3658 Fax 5198425001 I Fees/Taxes/Payment Statutory Registration Fee Total Paid I File Number Applicant Client File Number : $60.00 $60.00 C07-557 36 Broadway, Box 5 Tillson burg N4G4H3 36 Broadway, Box 5 Tillsonburg N4G4H3 acting for Applicant(s) Signed 2008 08 26 2008 08 26 Pre-Servicing Agre~ment TOWN OF TILLSONBURG PRE-SERVICING AGREEMENT BALDWIN PLACE PHASE Vlll THIS AGREEMENT made the (J-m day of v(Jt, y , 2008. BETWEEN: THE CORPORA TJON OF THE TOWN OF TILLSONBURG hereinafter called the "TOWN" -and - THE CORPORATION OF THE COUNTY OF OXFORD hereinafter called the "County" -and- TILLSONBURG DEVELOPMENTS INC. hereinafter called lhe "Owner" WHEREAS the lands affected by this agreement are the lands described as Part Lot 8, Concession 12, Plan41M-182, in the Town ofTillsonburg, and described in box 6 of the Document General, a., shown on a proposed Plan of Subdivision, dated the 4th day of September, 2002 as prepared by Kim Husted Surveying Ltd, and appended as Schedule "A" to this Agreement (hereinafter called the "LANDS"); AND WHEREAS the Owner proposes to pre-service said lands by constructing thereon a water system, sanitary sewer system, a stonn sewer system, road allowances, roadways, curbs and gutters, an electrical system and street lights and attend to requisite grading; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of other good and valuable consideration, the parties hereto covenant and agree, each with the otl1er, as follows: 1. DEFINITIONS A) For purposes of this agreement, the words and phrases defined in the Subdivision Amending Agreement attached hereto marked as Schedule "B" shall be deemed to form part of the within agreement; and B) PRESERV!CES shall be such of the water systen1, sanitary sewer system, storm sewer system, road allowances, roadways, curbs and gutters, an electrical system and street lights and requisite grading, as may be determined by the Owner to be constructed pursuant to the provisions of the within agreement. 2. THE TOWN AND/OR THE COUNTY COVENANTS AND AGREES: A) That it will supply such inspectors to make such inspections as may be required to enable the Town and/or the County to accept the pre-services herein provided, it being understood that such inspectors are to be supplied at the expense of tl1e Owner; and B) To assume the pre-services, bul only as long as all other provisions of Schedule "B" hereto attached are complied with, with the exception of Clause 6 (a) of said Schedule "B'' insofar as said clause relates to the pre-services herein provided. 3. THE OWNER COVENANTS AND AGREES: A) That the sole purpose of the within agreement is to negate the effect of the Owner being required to put the perfonnance security in place insofar as the pre-services are concerned and ::.-pecifically acknowledges and Pre-Servicing Agreement agrees that Schedule "B" hereto attached, or substantially in tl1e form and content as set out in Schedule "B", shall be executed and all other provisions thereof complied with prior to issuance of any Building Permit relative to the lands and premises included in the within agreement; B) The Owner acknowledges that any works conducted on the site are done at their own risk and no review done by any depanment guarantee that the services will be acceptable for the Plan of Subdivision. C) To put in place such liability insurance as may be required by the County and the Town named as co- insured, which said policy is to be deposited with the County prior to execution of the within agreement by the County and the Town; D) To pay the Town the following amounts prior to the execution of the within agreement by the County and the Town: i. Preparation of the pre-servicing agreement ii. Total Due $300.00 $300.00 E) To indemnify the County and the Town, their successors and assigns from all debts, liabilities, contracts, actions, proceedings, claims and demands, in the event that the pre-servicing contemplated by the within agreement is Pot commenced and/or finalized and/or the Subdivision Amending Agreement in place contemplated in Clause I (a) is not executed and complied with. F) To confirm street names to the satisfaction of the Town. G) The conditions herein contained forms part of the Subdivision Agreement shall be appended thereto with all other covenants of the Subdivision Agreement remaining in effect including the benefit of this Agreement to be binding upon the parties hereto, their successors and assigns. H) That no building permit or model home permits will be issued and the services will not be accepted until · the subdivision amending agreement has been entered into, at that time security will be required. I) Archaeological studies and any engineering studies required as well as MOE approval shall be obtained prior to signing the Servicing Agreement. 4. AGREEMENT REGISTERED This Amending Agreement shall be appended to the aforementioned Subdivision Agreement previously registered on title by the Town against all lands to which ~1e Pre-servicing Agreement applies at the cost of tl1e Owner. IN·Wit~S WHEREOF the parties hereto have hereunto affixed their Corporate Seals this of -~ -· < ·"--2008. ----.w•, • • •-__ ..... _•'. ' - ---. ·. ·._,, --=-; _ .:, __ ._ - . ·. )--_'f- ·)- :i:: ~· .,- _)_· --------7 Steven Smith ) liWE Have Authority to Bind the Corporarion ) ) )THE CORPORATION OF THE COUNTY OF OXFORD ) ) ) ) )W ) ll:_J ;·::K,, ,:='.?llb-. 0 m ,L )CLERK -Ken Whiteford °e ) ) ) THE CORP N THE;.:roWN OF TILLSONBURG ) ) day ----------,----------------------.---------·--------- I I l .. -, § I SCHEDULE "B" BALDWIN PLACE PHASE 8 PLAN 32T-01002 TOWN OF TILLSONBURG SUBDIVISION AMENDING AGREEMENT BALDWIN PLACE PHASE VIII THIS AGREEMENT made the BETWEEN: day of , 2008. TILLSONBURG DEVELOPMENTS INC. hereinafter called the "Owners" OF THE FIRST PART • and- THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the "Town" OF THE SECOND PART -and- THE CORPORATION OF THE COUNTY OF OXFORD hereinafter called the "County" OF THE THIRD PART WHEREAS the Owner entered into a Subdivision Agreement with the Town ofTillsonburg and the County of Oxford on the 7th day of March, 2002 for the pUipose of subdividing and registering a Plan of Subdivision on lands described as Part Lot 8, Conc.ession I 2, Plan 41 M-182, in the Town ofTillsonburg, and described in box 6 of the Document General, as shown on a proposed Plan of Subdivision, dated the 4th day of September, 2002 as prepared by Kim Husted Surveying Ltd.; AND WHEREAS upon execution this Amending Agreement forms part of the aforementioned Subdivision Agreement; AND WHEREAS Paragraph 4 of the Subdivision Agreement makes provision for the subdivision to be developed in phases and each phase may be developed in stages subject to receipt of all approvals, studies and requirements of the Town including engineering drawings and amendments to Schedules "A", "B", "C", and "D"; AND WHEREAS the Owner is desirous of developing Phase 8, details of which were not included the Schedules "A", "B", "C", and "D" of the Stibdivision Agreement; AND WHEREAS the Town is desirous of ensuring that the appropriate approvals for each phase (stage) are documented and that securities are in place; NOW THEREFORE THIS ;;.GREEMENT WITNESSETH THAT in consideration of the Town approving the said proposed Subdivision Amending Agreement and the covenants hereinafter expressed, the parties hereto covenant and agree one with the other as follows: 1. SCHEDULES The following schedules, as amended from the Subdivision Agreement, identify and refer to the respective phase or stage referred to herein and form part of this Amending Agreement and it shall be the responsibility of the Owner to ensure complete compliance to all matters related to these Schedules: Schedule "A" as Amended -a plan showing lots, road allowances, easements and parkland Schedule "B" as Amended -summary of estimated servicing costs Schedule "C" as Amended -security and cash payment Schedule "D" as Amended -completion dates for the works; 2. PLANS The following plans, if required for the respective phase (stage) referred to herein, as amended from those submitted for compliance with the Subdivision Agreement, shall be submitted to the Town for Subdivision Amending Agreement Page 2 of 6 approval and it shall be the responsibility of the Owner to ensure complete compliance to all matters related to their implementation: Plan showing tr':: proposed storm and sanitary sewer systems Plan showing the proposed water distribution system Plan showing the proposed lot grading; 3. WATERALLOCATION Water and wastewater allocation will be allocated for this development at the time of registration according to the Protocol for A !location of Water and Sewage Capaci~y for Development -Town of Tillsonburg. 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 from time to time. Prior to the final approval of each phase of the subdivision plan, the Owner shall receive confinnation from the County of Oxford Department of Public Works that there is sufficient capacity in the Tillsonburg water and sewage system to service the requested phase of the plan of subdivision. 4. AGREEMENT BINDING The conditions herein contained fonns part of the Subdivision Agreement and shall be appended thereto with all other covenants of the Subdivision Agreement remaining in effect including the benefit of this Agreement to be binding upon the parties hereto, their successors and assigns. 5. AGREEMENT REGISTERED This Amending Agreement shall be appended to the aforementioned Subdivision Ab'Teement previously registered on title by the Town against all lands to which the Subdivision Agreement applies at the cost ofthc Owner. IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this day of , 2008. ) TILLSONBURG DEVELOPMENTS INC. ) ) ) _________ _ ) Steve Smith, Vice President ) l/W2 Have Authority to .Bind The Corporation ) ) THE CORPORATION OF THE TOWN OF TILLSONBURG ) ) ) _________ _ ) MAYOR -Stephen Molnar ) ) ) _________ _ ) CLERK -Michael Graves ) ) ) THE CORPORATION OF THE COUNTY OF OXFORD ) ) ) __________ _ ). WARDEN, Paul Holbrough ) ) ) ___________ _ ) C.A.O./Clerk -Ken Whiteford I ll ' I ! I I :! .. " ! 11 G § - Subdivision Amending Agreement SCHEDULE "A,, AS AMENDED SUBDIVISION PLAN BALDWIN PLACE PHASE 8 As prepared by Kim Husted Surveying Ltd., <lated April 9, 2008. .,,. --·--.... ___ _ Page3 of6 f---· i 3te::r:::~~rc:.-::-m:==~1-nc:1.,_ -:a_;-:,_--r.,rnrt!~mr:J1~~~P-:in:1r;~1P-.-:~:: --I\M ...... ---·------- i I ~' / LDT?I I I - ~ I I I 'Q ... 0 ~ r. «I a.. V:l E---en 0 u ~ c., z ~ -Q u ;z ->-~ p:: ~ l,'IJ < VJ tlJ CD ~ -( 1':11 t;i;J s: ti) ~ = ~ < :I ~ ~ '11 -~ E-- ;;i VJ C.I 1,1,) ~ r-- :I: 0 u ~ en < ~ .. ~ = ;:;) ~ ! V'l ~ :I) < CD .5 'e C 4l e -< C: .s :~ "C ..a = U) •' TOWN OF TILLSONBURG SUBDIVISION SECURITY ESTIMATE •WITHOUT PRE·SERVICING Subdivision: Baldwin Place, Phase 8 Subdivider: Tillsonburg Developments Inc. Consultant: Cyril J. Demeyere Limited Servicing Item 1 Storm Sewers & PDC's 2 Sanitary Sewers & PDC's 3 Watermains & Services 4 Granular 'B' 5 Granular 'A' 6 Base Asphalt, Fine Grading, and Initial MH Adjustments 7 Surface Asphalt and Preparation 8 Final MH Adjustments 9 Curb & Gutter and CB Adjustments 10 Sidewalks/Walkways 11 Boulevard Grading, Sodding & Driveways 12 Rough Grading 13 Stockpile Removal 14 Landscaping (parks/schools/etc.) 15 Noise Attenuation Works 16 Stormwater Management Facility '17 Stormwater Management Facility (Landscaping) 18 Privacy Fencing/Barricades 19 Erosion & Sediment Control 20 As Constructed Drawings ($500/dwg x 8 dwgs) 21 Other 22 Other• 23 Sub-Total 24 GST(5%) 25 Total Security 26 Total Performance Plus Maintenance Security Estimated Cost $193,742 $111,630 $124,841 $63,840 $39,097 $91,544 · $73,720 $7,740 $36,363 $55,200 $21,000 $24,000 $0 $0 $0 $0 $0 $35,800 $4,375 $4,500 $0 $0 $887,392 $44,370 $931,762 Work Completed $0 $0 $0 Date: Job No. Prepared by: 11-Apr-08 0816 A.G. 100% Performance Maintenance Security (uncompleted work) % (on completed work) $193,742 10% $0 $111,630 10% $0 $124,841 10% $0 $63,840 10% $0 $39,097 10% $0 $91,544 10% $0 $73,720 10% $0 $7,740 10% $0 $36,363 10% $.0 $55,200 10% $0 $21,000 10% $0 $24,000 10% $0 $0 10% $0 $0 10% $0 $0 10% $0 $0 10% $0 $0 10% $0 $35,800 10% $0 $4,375 10% $0 $4,500 10% $0 $0 10% $0 $0 10% $0 $887,392 $0 $44,370 $0 $931,762 $0 $931,762 Peter J. Penner P. Eng. Subdivision Amending Agreement Page 5 of 6 SCHEDULE "C" AS AMENDED SECURITY, CASH, and DEVELOPMENT CHARGE PAYMENTS BALDWIN PLACE PHASE 8 INTERNAL AND EXTERNAL COSTS Cash Deposit or Letter of Credit upon Execution of Subdivision Amending Agreement to Town of Tillson burg A) · Construction Cost Estimate GST $887,392 44370 $931,762 Security Prior to Construction and Registration of Subdivision Amending Agreement Irrevocable Letter of Credit $931,762 Subdlvision Amending A_greemcnt Page6 016 SCHEDULE "D" IMPLEMENTATION SCHEDULE BALDWIN PLACE PHASE 8 l. Underground Services -sanitary & stonn sewers, watennain 2. Stonnwater Management Pond 3. Road Construction • including curbs, granular A & B, base lift asphalt 4. Utility Servicing-Hydro, Uas, Telephone Cable TV 5. Sidewalks 6. Street Lighting 7. Boulevard Restoration -including topsoil and sod 8. Top Lift Asphalt Completion Date MonthNear June 2008 Completed with Phase I July 2008 July 2008 2009/2010 (after lots are developed) July 2008 2009/2010 c. 201 I -to be confinned with Town CYRIL J. DEMEYERE LIMITED, CONSUL TING ENGINEERS, TOWN OF T!LLSONBURG