3212 To authorize entering into a Pre-Servicing Agreement between Permterra Development Corporation, The Town of Tillsonburg and the County of OxfordTHE CORPORATION OF THE TOWN ON TILLSONBURG
By-law No. 3212
BEING A BY-LAW TO AUTHORIZE THE ENTERING INTO A PRE -
SERVICING AGREEMENT BETWEEN PERMTERRA DEVELOPMENT
CORPORATION, THE TOWN OF TILLSONBURG AND THE COUNTY OF
OXFORD
WHEREAS, the Owner of Part of Lot 7, Concession 12, Geographic Township of
Dereham being Part 1 on Reference Plan 41R-7670 intends to subdivide the property
and develop it into building lots.;
AND WHEREAS the attached amending agreement being "Schedule A" forms part of
the aforementioned Subdivision Agreement;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
TILLSONBURG ENACTS AS FOLLOWS:
1. THAT the Agreement attached hereto and marked Schedule "A" to this by-law be
and is hereby approved and the Mayor and Clerk are hereby authorized to execute
the salve on behalf of the Corporation of the Town of Tillsonburg and to affix the
Corporate Seal thereonto .
2. THAT the said Schedule "A" annexed hereto is declared to be part of this By-law
in the same manner as if written and incorporated herein.
READ a FIRST and SECOND TIME this 23rd day of May 2006.
READ a THIRD TIDE and FINALLY PASSED this 5`" day of June 2006.
MAYOR — Stephen Molnar
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CLERK — Michae Graves
Pre -Servicing Agreement
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TOWN OF TILL SONBURG
PRE -SERVICING AGREEMENT
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THIS AGREEMENT made the (Q., day of �r\-Q , 2006.
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
hereinafter called the "TOWN"
-and-
THE CORPORATION OF THE COUNTY OF OXFORD
hereinafter called the "County"
- and -
PERMTERRA DEVELOPMENT CORPORATION
hereinafter called the "Owner"
WHEREAS the lands affected by this agreement are the lands described as Part of Lot 7, Concession 12, Geographic
Township of Dereham, designated as Part 1 on Reference Plan 41 R-7670, in the Town of Tillsonburg, as shown on a
proposed Plan of Subdivision, dated December, 2005, as prepared by G. Douglas Vallee Limited 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 storm 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 other, as follows:
1. DEFINITIONS
A) For purposes of this agreement, the words and phrases defined in the Draft Subdivision Agreement attached
hereLo marked as Schedule "0 shall be deemed to form part of the within agreement; and
B) PRESERVICES shall be such of the water system, 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.
Pre -Servicing 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 the Owner; and
B) To assume the pre -services, but 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 performance security in place insofar as the pre -services are concerned
and specifically acknowledges and agrees that Schedule "B" hereto attached, or
substantially in the 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) 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;
C) To pay the Town the following amounts prior to the execution of the within agreement
by the County and the Town:
a) Preparation of the pre -servicing agreement $300.00
b) Total Due $300.00
D) 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 not commenced and/or finalized
and/or the Draft Subdivision Agreement in place contemplated in Clause 1(a) is not
executed and complied with.
E) To confirm street names to the satisfaction of the Town.
F) 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.
G) That no building permit or model home permits will be issued and the services will not
be accepted until the subdivision agreement has been entered into, at that time security
will be required.
H) 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 the Pre -servicing Agreement
applies at the cost of the Owner.
Pre -Servicing Agreement
IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this
� ,jt.,. day of �,�, , 2006.
PERMTERRA DEVPLOPMENT CORPORATION
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)THE CORPORATION OF THE COUNTY OF OXFORD
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THE CORP TION OF THE TOWN OF TILLSONBURG
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CLERK — Michael raves
Pre -Servicing Agreement
SCHEDULE "A"
WOOD HAVEN SUBDIVISION
PLAN 32T-05004
Subdivision Plan
As nrenared by Kim Husted Surveving Ltd.. dated Sentember 22. 2005.
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SCHEDULE "B"
WOOD HAVEN SUBDIVISION
PLAN 32T-05004
TOWN OF TILLSONBURG
SUBDIVISION AGREEMENT
THIS AGREEMENT made the day of 92006.
BETWEEN:
PERMTERRA DEVELOPMENT CORPORATION
hereinafter called the "Owner"
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 proposes to subdivide and register a Plan of Subdivision on lands described as
Part ofLot 7, Concession 12, Geographic Township of Dereham, designated as Part l on Reference Plan
41 R-7670, in the "Town ofTillsonburg, and described in box 6 of the Document General, as shown on a
proposed Plan of Subdivision, dated September 22, 2005 as prepared by Kim Rusted Survey Ltd. and
appended as Schedule "A" to this Agreement;
ANI) WHEREAS the draft plan of the land to be subdivided was approved by the County on January
25, 2006, under file 32T-05004, and consists of 38 single detached dwellings, a block for a 17 unit
residential condominium development and a parkland block;
AND WHEREAS prior to the signing of the plan for registration by the County, certain conditions must
be fulfilled to the satisfaction of the Town, as set out in the draft conditions of approval dated December
12, 1-005;
AND WHEREAS this Agreement has been made a condition of approval by the County of Oxford and
contains all the requirements, financial and otherwise of the Town regarding the construction of roads,
installation of services, and drainage facilities, and any other matters pertaining to the development of
the subdivision;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration
of the Town and the County approving the said proposed Plan of Subdivision and the covenants
hereinafter expressed, the parties hereto covenant and agree one with the other as follows:
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, 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 Town of Tillsonburg.
(c) ``I Iydro Company"' shall mean Tillsonburg Hydro Inc.
(d) "County" shall mean the Corporation of the County of Oxford.
(e) "Lot" shall include a ``block".
(f) "Registered Professional 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 Professional
Engineers of Ontario to offer professional engineering services to the public.
(g) "'Phis Plan„ shall mean the Plan of Subdivision annexed to this Agreement and
marked Schedule "A
(h) "Residential Design Criteria' are the design criteria approved for residential subdivisions by
the Council of the Town ofTillsonburg under By-law No. 3153 on April 25, 2005, and any
amendments thereto.
2. INCONTESTABILITY
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 right.
3. CONSULTING ENGINEERS
(a) The Owner agrees to retain a Registered Professional Engineer as the Consulting Engineer
of t11c Owner to carry out al l 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 Town and the County.
Tlie Owner shall notify the 'Town of'Tillsonburg in writing, regarding who the Engineer of
Record is for the completion of the entire project.
(b) The Owner 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:
(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 Town and/or the County 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 the
said works;
(v) Supervise construction of the said works;
(vi) Maintain all records of construction of the said works;
(vii) Supply to the "Down 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;
(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) Supervise 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 them. Additionally review any
environmental impacts that might be identified in such plan.
(xi) Submit a plan for the mitigation or removal of any contaminants identified
through an Environmental Site Assessment Report, prepared by a qualified
consultant, where such report has been required by the Town or the County for
the subject property, such work being the responsibility of the Owner.
(c) The Owner agrees 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 requirements, 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. S(. -'OPE OF AGREEMENT
The Owner agrees to construct and complete at his own expense and in a good workmanlike
manner, for the Town 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
"Down 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 each
stage of the subdivision will have the necessary services in relation to that stage and in the event
that the subdivision is developed in stages the Consulting Engineer shall establish the amount of
security for each stage as provided herein to be approved by the Town.
This agreement covers the area and lots identified on Schedule "A„ or Schedule "A" as amended.
Amending Agreement(s) will be required to develop subsequent phases and stages, approval of
which will be subject to receipt of all approvals, studies, and requirements of the "Town including
engineering drawings, and amendments to Schedules "A", "B'', "C' and "D".
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, easements, and parkland
Schedule "13„ - Stlnlmary of Estimated Servicing Costs
Schedule "C" - Security and Cash Payment
Schedule ``D" - Implementation Schedule
The following plans shall be submitted to the "Town for approval and it shall be the responsibility
of the Owner to ensure complete compliance to all matters related to their implementation:
A plan showing the proposed storm and sanitary sewer systems
- A plan showing the proposed water distribution system
- A plan showing lot grading
- A plan showing the stormwater management pond, if required
- A park plan showing the park layout
f. MUNICIPAL SERVICES TO BE PROVIDED BY OWNER
The Owner agrees to construct and complete services as set out below as required by the Town.
The Owner shall within twelve (l 2) months of the execution of this Agreement commence, and
within twenty-four (24) months complete the installation of the Municipal Services listed in
Section 6 of this Agreement. In the case of staging, this time frame shall be applicable to the
commencement and completion of each stage.
(a) Sanitary and Storm Sewers, Water Mains, Services and Appurtenances
(i) Distribution System - The Owner hereby agrees to construct, at her/his own expense,
sanitary sewers and a water distribution system to be connected to the existing distribution
system and to be sized in accordance with the County's requirements. The system will
include all house services and other services from the main to the street line and all
appurtenances and fire hydrants, including private service connections to the property line
of every lot on the plan. The distribution system shall be designed in accordance with the
County .s speci f ications, 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.
Size — All sanitary and storm sewers and water mains shall be of a size as determined by the
"Down and the County and installed at depth and on a location as determined by the Town.
Connection to Town system — Prior to the acceptance of the water distribution system
constructed 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 "Lown.
(iv) Approval ol'Contractor — The Town shall require all work to be done by a contractor whose
competence is approved jointly by the Town and the Owner, at the expense of the Owner.
(v) Outlet — It shall be the responsibility of the Owner to provide a satisfactory outlet for the
sanitary sewers from the limits of this subdivision to the point of junction with the nearest
approved 'town sewer outlet.
(vi) Timing — The Owner agrees that installation will be made within the time limits specified as
hereinafter set forth and that upon completion of the works, to supply the 'Down with
sufficient 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 Town as provided
for in Paragraphs 19 and 21 of this agreement.
(vii) Where a plan of subdivision or portion thereof fronts or abuts on an existing street and upon
which water mains have been installed or may be installed, and not paid for in full, a
payment shall be made to the Town for the use of the said main or mains as the Owner's
share of the water system abutting the subdivision.
(viii) Ministry, ofthe I'Invironment approval — All plans relating to the installation of water mains,
appurtenances and services must be submitted to the Town and County for approval by the
"Down Director of'Operations and the County Director of Public Works along with copies of
thc application to be submitted to the Ministry of the Environment for their approval.
Before beginning any of the work, evidence must be filed with the Town that the Ministry
of Environment approval has been obtained.
(ix) Road Grades — Before 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 Stakcs — Sufficient property stakes must be available so that the proper line of the
water main can be established and valves, hydrants, services and other appurtenances are
properly located.
(xi) Extent of Work — The extent of the work shall be construed to consist of the labour,
equipment and material necessary for the construction of the subdivision in a good,
substantial, workmanlike manner of all items required for the completion of the entire work
consisting of all the: items shown on the drawings which have been approved by the "Town
and County.
(xii) 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 systems, water distribution systems, 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.
(xiii) Replacement to Original Conditions — All pavement, driveways, entrances to property,
lawns, retaining walls, etc. must be replaced in good condition as originally found or better,
in consultation with adjacent property owners.
(xiv) Signage, Barricades and Lanterns — Signage, barricades and lanterns must be installed on all
works for the protection of vehicles and pedestrians and all precautions taken to minimize
risk of damage and inconvenience to others. All signage must be erected and displayed in
accordance with the Manual of Uniform Traffic Control Devices.
(xv) Salety — All work shall be carried out so that it confon»s with the regulations of the
Construction Safety Act, the Workers' Compensation Board, and the Occupational Health
and Safety Act, as they pertain to the safe working conditions of the persons on the job.
(xvi) Support of' Underground 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.
(xvii) Pavement 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
and restored to the regulations applicable. The closing of roads due to the installation of
sanitary sewers and/or water mains must have the approval of the "Town Director of'
Operations and/or the County Director of Public Works and the Contractor must observe all
applicable regulations and Safety Manuals.
(xviii) Valve and Hydrant Wrenches — The Contractor must have a proper valve key and hydrant
wrench on the job at all times in case of'emergency and at no time is a pipe or other wrench
to be used in place of the proper equipment.
(xix) Supply of Water from I-lydrant — If the Contractor wishes to use a fire hydrant for a supply
of water for construction purposes, he must obtain approval of the Town Director of
Operations and provide a proper fitting complete with shut-off valve to attach to the
hydrant. Under no condition is the Contractor to operate a hydrant repeatedly as this may
diose damage to the mechanism necessitating a complete overhaul.
(xx) Opening and Closing; of Valves — The opening and closing of valves and the lading; of water
mains are oniv to be pcHlormed by employees of the "Town. The Consulting; Engineer(s)
should make rarrangements in advance of this type of work to be done. The cost of
performing this service will be charged to the Contractor and all accounts shall be settled on
demand.
(xxi) Connection to Town System — All cutting; or connecting; to the Town's existing services
shall normally be made by the Towns forces at the expense of the Contractor. The
Contractor may perform this work, by permission of the "Town Director of Operations and
with the Inspector present.
(xxii) In Absence of Contractor — In absence of the Contractor from the job (whether permanent or
temporary), a component and reliable agent or foreman shall be lett in charge and this
person shall be considered as acting in place and all notices, communications 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 with 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 Compaction — All excavations on Town and/or County streets
must have 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 in
roadways, in the boulevards, or under sidewalks, lawns, etc. are to be backfilled 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 for
backfilling, and, in all cases, the requirements of the Town Director of Operations will be
rnet. Where excavations are made in existing; roadways, the pavement structure shall be
replaced on the top of the trench in accordance with the requirements of the Town Director
of Operations and/or the County Director of Public Works.
(b) Storm Water Facilities and Sewers
Storm water facilities and sewers shall be constructed within the limits of the subdivision
and beyond, if required for the development of these lands, of such size, 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 the
Owner, at the expense of the Owner. It shall be the responsibility of the Owner to provide a
satisfactory outlet for the storm water sewers from the limits of 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
qualified consultant detailing the methods of maintaining post development flows at pre -
development flows for 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
watershed. 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 Region
Conservation Authority. The Owner agrees that upon approval of the plans by the Town
and the bong; Point Region Conservation Authority, all buildings and structures in the plan
Of 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 reimbursement 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) Oversi ,inY
The Town may require the Owner to oversize sewers or water mains to accommodate
servicing; of lands external to the subdivision lands herein, as per the Town of Tillsonburg
Design Criteria I3y--Law No. 3153 passed on April 25, 2005, and any amendments thereto.
(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 and 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 sub -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 Town, 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 "Down. The Owner shall purchase and pay for the installation of all
street sign and regulatory signs at the direction of the Town.
[Until the roads within the subdivision have been assumed by the Town, the Owner is
responsible for the erection and maintenance of signs at all entrances to the subdivision
stating that the roads within the subdivision have not yet been assumed by the Town
(e) 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 writing;, of
the elevation and final grade of the top of the curbs at the mid -point in front 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 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.
(f) Sidewalks and/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 ofcollector
and arterial streets as specified by the Town. Sidewalks, where required in the subdivision,
shall be constructed with and at the same time 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 of the Town. Prior to acceptance by the
Town maintenance and repairs of all sidewalks will be the responsibility of the Owner.
(g) Street Lighting
The Owner shall agree to install street lights on each street as shown on the plan to the
satisfaction of Tillsonburg; Hydro Inc.
(h) Underground Electric Plant
The Owner hereby covenants and agrees to install an electrical distribution system on each
street as shown on the plan to the satisfaction of Tillsonburg Hydro Inc.
(i) Drainage and Erosion Control Works
The Owner shall undertake a geotechnical study to the satisfaction of the Town and the
Long Point Region Conservation Authority to address the stability of all slopes and make
recommendations for any remedial work to be undertaken by the Owner as well as
providing for minimum set back requirements taking into account the findings ofthe study.
0) Topsoil and Sod/Seed on all Unpaved Portions of Road Allowances
The Owner is responsible for topsoil, and sod/seed on all unpaved portions of road
allowances complete with 100mm of topsoil and #1 nursery sod in accordance with the
approved grading plan and to the satisfaction of the Director of Operations.
(k) Park Development
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 of sod/seed, as outlined in the Residential Design Criteria. Development of
these parklands shall be in accordance with Section 27 (e) of this agreement.
(1) The Owner agrees to seed and maintain land that has been left undeveloped for more than a
period of one year
7. LIENS AND CLAIMS
The Owner agrees that upon applying for final acceptance of all services in the said subdivision, to
supply the "Down and County with a Statutory Declaration that al l accounts for work and materials
have been paid or provided for and that there are no claims for liens or otherwise, on behalf of the
Owner in connection with the subdivision.
8. COMPLIANCE WITH RESIDENTIAL DESIGN CRITERIA
All works described in this Agreement shall comply with the Town of Tillsonburg Residential
Design Criteria.
9. INSPECTION WORK
The Town/County reserve the right to have inspectors/consultants, that shall be agreed upon by
all parties, employed to review all plans and specifications and observe the construction and
installation of services 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 "Down Director of Operations, the Owner:
(a) is not prosecuting or causing to be prosecuted the work required in connection with this agreement
within the agreed upon times, or in order that it may be completed within the agreed upon times;
or
(b) is improperly perfonning 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 perforni such work as may be rejected by the Town
Director of Operations as defective or unsuitable; or
(e) has defaulted performance of the terms 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 neglect and, if such notification be without effect within seven days after such notice, the
"Down 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 ol'an emergency, in the opinion of the Town Director of Operations, such work may be done without
notice. The cost of such work shal 1 be calculated by the Town Director of Operations whose decision shall
be Final.] lie 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 following the
issuance of an invoice from the `Town, the "Town may draw upon the security which has been provided by the
Owner.
It is f i.0-lier undcrswod and a between the parties hereto that such entry upon the lands steal l be as an agent
fox• the Owner and shall not be deemed for any an acceptance of purpose whatsoever as the said
services by the Town.
11. ASSUMPTION OF SERVICES BY COUNTY
Once the sanitary sewers and water distribution system have been installed to the satisfaction ofthe Town and
the Countv, the sanitary sewer trunks and water distribution system will be assumed and operated by the
County and/or the designated service provider.
12. 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:
(i) The 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;
(ii) The final grades of all roads as approved by the Town Director of Operations;
(iii) The lands designated for drainage works and locations of easements as may be
required for municipal services.
(b) Furriers along Conservation Authority Lands - The Owner agrees that a snow fence or other
barrier 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 commencement
ot'grading, construction and shall remain until all grading and construction and resodding
have been completed.
(c) Soil Disturbance - The Owner agrees that no construction or soil disturbance shall take
place below any setback line established by the Long Point Region Conservation Authority
without a geotechnical study prepared by the Owner for the review and approval of the
Long] Point Region Conservation Authority.
(d) Removal of Trees - 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
landscape 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 Policy.
(c) Soil, Seed 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.
(f) Grading Requirements - The Owner agrees to extract from each purchaser a covenant in the
nature of a 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 may
br made on the Town lands without the consent of the Town.
(g) Foundation Control Certificate and Final Grading Certificate — foundation control and final
grading certificates will be required in compliance with the Residential Design Criteria.
(h) Ontario band Surveyor - The Owner agrees and shall deposit with the Town a certificate
from 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 registered plan
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 Tree Policy.
13. DEVELOPMENT CHARGES
Development charges will be paid, at the building permit stage and be the responsibility of the
owner of the property.
14. WATER ALLOCATION
Prior to the final approval of each phase of the subdivision plan, the Owner shall receive
confirmation 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.
15. PUBLIC LANDS
The Owner agrees to convey to the Town the lands which are required for public purposes by
the Town as hereinafter set forth:
(a) Park Lands and Storm Woter Management Lands - The conveyance of parklands and storm
water management 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 expense of the
Owner to such standards as approved by the Town, including grading, drainage and
landscaping in compliance with the Residential Design Criteria.
(b) Easements & Right -of Ways - The Owner agrees to grant to the Town and/or the County,
free of charge, all permanent and temporary easements as may be required for municipal
services and drainage purposes and shall deposit with the Town or County a Plan of Survey
thereof prior to acceptance of the services. The easements and right-of-ways to be dedicated
to the Town and County are shown on Schedule "A" attached hereto or as may be required
by the Town and/or County to implement this plan.
16. 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 form satisfactory to
the Town and County, indemnifying the Town and County for any loss arising from claims for
damages, injury or otherwise in connection with the work done by the Owner, his servants or agents 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 terms of this agreement 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 cross liability endorsement against any claim for public liability, personal injury, including death or
property damage to limits of $2,000,000.00, inclusive, for any one accident arising in any way out
of the construction, installation, repair or maintenance of all Niorks and services required herein to
be done.
The 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 cancellation
without thirty (30) days prior to its expiry. The said policy shall not be subject to cancellation without thirty
(�U) days prior written notice to the Tovmn. The Owner shall, at its ov\m expense, maintain the said policy
of insurance in full force and effect until the expiration of the period of guarwitee. Failure to procure and
maintain the said policy of insurance shall constitute a default under this Agreement
"Ilse Owner covenants that it will indemnify and save harmless the "Town and County from any and al I
claims. demands, actions and causes of action, whether the same shall be successful orunsuccessftil
and from al I costs to which the Town and County may be liable, suffer or be put to in respect of any such
action, cause of action, claim or demand on anyway 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 or
negligently done by the Owner, his servants, agents, contractors or subcontractors under them, in respect
of the said works and services, whether or not the same shall be required to be done under the terms of this
Agreement and including (v`rithout limiting the generality of the foregoing), the alteration of any grade or
existing level construction, maintenance or repair of any street.
17. PERFORMANCE GUARANTEE - SECURITY
As security f or the construction and installation of services required by this Agreement and prior to
the commencement of any work in any stage of the development provided therein, the Owner shall
supply the "town with security as more particularly set out in Schedule "I3" hereto, for the
performance and completion of all works required by this Agreement as each stage proceeds in an
amount equal to the estimated cost of all works in that particular stage and further guaranteeing the
workmanship and material in lieu of all other guarantees and warranties express or implied for a
period consistent with the Residential Design Criteria from the date that the said works are
approved in writing by the "Down's Director of Operations, and such security may be in the form of
any of the following combination therefore as is acceptable to the Town:
(a) A cash deposit with the Town;
(b) An irrevocable Letter 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
from time to time, upon written notice from the Town that the Owner is in default under
this Agreement;
(c) A Certificate of Trust 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;
18. MAINTENANCE DEPOSIT
The Owner shall provide 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 maintenance deposit shall be in the form of cash or letter of
credit.
The Town shat l only release this maintenance deposit once the Town is satisfied that all services
and materials have been properly installed and functioning in a capacity that is satisfactory to the
Town.
19. ADJUSTMENT 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 amount equal to ten percent (10%) to be released upon the expiry of the warranty
period being consistent with the Residential Design Criteria.
20. PAYMENT OF SOLICITOR'S/CONSULTANT'S COST
The Owner consents to the registration of this Agreement upon the title of the lands within the
plan, and agrees the cost of registration will be born by the applicant whether by our solicitor or
their own solicitor, including any disbursements incurred in any way arising our of this Agreement.
21. ACCEPTANCE OF SUBDIVISION
The "Down 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. Any assumption or operation by the County of Oxford of the water and sewage systeills
within the draft plan shall be subject to the approval of the County of Oxford.
22. NOTIFICATION OF EXECUTION
The "Lown agrees to notify the County and Long 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.
23. PAVMENT OF COSTS & SERVICES
Whcre any work is carried out by the Town on behalf of the Owner, it shall be the duty of the
Town to carry out the work in an efficient, prompt and careful manner and to render a full
account of its costs and 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 'Down 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
may be recovered by the Town in like manner as municipal taxes pursuant to
Section 35 of'the Municipal Act, R.S.O. 1990, M.45 against lands retained by the Owner or held
by the Town as security.
24. 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 issues
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 ofthis contract shall be referred to a single arbitrator, if the parties agree upon
one, otherwise to three arbitrators, one to be appointed by each party to the reference 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 proceed to hear and
determine the matters in difference as if he were a single arbitrator appointed by both parties for
the purpose, and the award or determination which shall be made by the said arbitrators or the
maiority of them or by said arbitrator, shall be final and binding upon the parties hereto, their
successors and assigns.
25. ISSUANCE OF BUILDING PERMITS
Building permit applications will be considered subject to the following conditions for lots
identified on Schedule "A":
(a) road allowance has been graded, including 171 11 or excavation, to its full width;
(b) curbs and gutters have been installed,
(c) base lift of asphalt has been laid;
(d) underground water, sanitary and storm sewer systems and hydro services have been installed,
and,
(c) development charges for the lot, which a permit is being applied for, have been paid in
accordance with the requirements of both the "Down and the County.
(f) the l:,ngincer 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 been constructed as per the approved drawings;
(g) a certificate from an Ontario Land Surveyor certifying the replacement of all survey bars having
been filed with the Town.
Building permit applications will not he considers -A for subsequent phases prior to the approval of the respective
Phase in accordance with Section 4. This provision may be varied upon the approval of the Town's
Director of Opemtions.
26. SPECIAL. PROVISIONS
The owner undertakes as follows:
(a) That the plan be revised to show the proposed condominium development and private street as a
block/lot on the plan, without the additional detail such as dwelling locations, private driveways
and parking spaces,
(b) That the plan be revised to include the required minimum 3 in (9.8 ft) road widenings along
the south side of Baldwin Street and east side of Quarter Town Line, as well
a s a 5 in x 5 in x hypotenuse daylight triangle at the intersection of the two streets to the
satisfaction of the Town's Director of Operations.
(c) That the subdivision plan be revised to include a 0.3 in (l ft) reserve along the east side of'Quarter
Town Line. the south side of Baldwin Street and the southerly boundary of the proposed
subdivision lands.
(d) The subdivision agreement shall contain a provision requiring that a 0.3 in (l ft) reserve
along the cast side of' Quartertown Line, the south side of Baldwin Street and the southerly
boundary of the subdivision abutting the un -opened road allowance, shall be dedicated to the
Town of Tillsonburg, free of all costs and encumbrances.
(e) The subdivision agreement shall contain a provision requiring that a minimum 3.0 in (9.8 ft)
road widening on the east side of Quartertown I_,ine and south side of Baldwin Street, and a 5 in
(16.4 ft) x 5 in (16.4 ft) x hypotenuse daylight triangle at the intersection Baldwin Street and
Quartertown Line, shall be dedicated to the Town of Tillsonburg, free of all costs and
encumbrances.
(1) The subdivision agreement shall contain a provision requiring the 0.3 ha (0.74 ac) park block, as
shown on the draft plan, be conveyed to the Town of Tillsonburg for park dedication, free of all
costs and encumbrances, to the satisfaction of the Town of Tillsonburg, in accordance with the
relevant provision of the Planning Act.
(g) Prior to the signing of the final plan by the County, all lots/blocks shall conform to the zoning
requirements of the "Down of Tillsonburg Zoning By-L,aw. Certification of lot areas, lot frontages,
and lot depths shall be obtained from an Ontario Land Surveyor retained by the developer.
(h) The owner shall submit a lot grading, soil conservation, and erosion control plan, prepared by a
qualified engineer, to the satisfaction of the Long Point Region Conservation Authority and the
Town of Tillsonburg. The plan should detail methods of controlling sediment during
construction as well as identifying possible downstream impacts and ways of minimizing them.
(i) The owner shall submit an environmental site assessment, prepared by a qualified engineer, in
accordance with the relevant provisions of the Environmental Protection Act and affiliated
regulations and applicable guidelines. Prior to the signing of the final plan by the County of
Oxford, the owner will be responsible for the mitigation of any contaminants identified in this
report to the satisfaction of the Town of Tillsonburg. The Town may retain its own qualified
engineer, at the owner's expense, to undertake a peer review of the report.
(j) The owner steal l subm it a geotechnical study, completed by a qualified geotechnical engineer, in
accordance with the Ministry of Natural Resources "Natural Hazards Training Manual", or other
applicable Ministry Guideline and applicable Conservation Authority policies, indicating how
the erosion hazards can be avoided. Such a study shall include a clear delineation of the erosion
hazard limit and a clear indication that the proposed development can avoid the erosion hazard
limit. Any recommendations resulting from this study shall be incorporated into the plan or
otherwise addressed to the satisfaction of the Town of Tillsonburg. As well, any portion of the site
defined by the study as being located within the erosion hazard limit, shall be dedicated to the
Town of Tillsonburg, free of all costs or encumbrances, to the satisfaction of the Town.
(k) The owner shall submit a detailed noise study, prepared by a qualified accoustical engineer,
which specifies any attenuation measures which may be required to comply with the Ministry of
the Environment's Noise and Vibration guidelines. Any recommendations resulting from this
study shall be incorporated into the draft plan or associated agreement, or otherwise addressed
to the satisfaction of the Town of Tillsonburg. The Town may retain its own qualified engineer,
Town of Tillsonburg Subdivision Agreement
Page 14 of 21
at the owner's expense, to undertake a peer review of the report.
(1) The owner shall submit an archaeological assessment 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 Citizenship, Culture and
Recreation. No demolition, grading or further soil disturbances shall take place on the subject
property prior- to the issuance of a clearance letter from the Ministry of Citizenship, Culture and
Recreation to the County of Oxford indicating that all archaeological assessment and/or
mitigation activities undertaken have met licensing and resource conservation requirements.
(m) Prior to the signing of the final plan by the County of Oxford, we are to be advised by the
Long Point Region Conservation Authority that Condition Numbers 14 and 15 as set out in the
County Conditions of the Draft Approval of the Plan of Subdivision, have been met to their
satisfaction. The clearance letter shall include a brief statement detailing how the conditions
have been satisfied.
(n) Prior to the signing of the final plan by the County of Oxford, we are to be advised by the
Town of Tillsonburg that Condition Numbers 1, 2 and 6 to 18 (inclusive) as set out in the
County Conditions of the Draft Approval of the Plan of Subdivision, have been met to
their satisfaction. A clearance letter shall include a brief statement for each condition
detailing how each has been satisfied.
(o) Prior to the signing of the final plan by the County of Oxford, we are to be advised by the County
of Oxford Public. Works Department that Condition Numbers 3 to 6 (inclusive) as set out in the
County Conditions of the Draft Approval of the Plan of Subdivision, have been met to their
satisfaction. A clearance letter shall include a brief statement for each condition detailing how
each has been satisfied.
(p) Prior to the signing of the final plan by the County of Oxford, we are to be advised by the Ministry
of Citizenship, Culture and Recreation that Condition Number 19 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.
(q) Draft approval of the subdivision plan will lapse if final approval is not received within 3 years of
draft approval.
27. CONVEYANCES
'The owner shall provide 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 a copy of
registration of this Agreement 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:
a) Such easements as may be required for utility or drainage purposes shall be granted:
28. IMPLEMENTATION SCHEDULE
The Owner hereby undertakes to complete the work herein in accordance with the timeframes set out
in Schedule 'U'. A variance to this will only be allowed if approved in writing by the Town.
Failure to comply may result in the Owner being in default of this Agreement and the Town may
remedy this pursuant to Section 10 of this Agreement.
29. DIGITAL COPIES OF PLANS AND DRAWINGS
The Owner shall provide the Town and County with digital versions of all plans and drawings in
AutoCAD drawing files (.DWG) and shape files (.SIP) with attached database information, or in a
current AutoCAD format approved by the Town and the County.
30. AGREEMENT BINDING
This Agreement and everything herein contained shall be to the benefit of and be binding upon
the parties hereto, their successors and assigns.
Town of Tillsonburg Subdivision Agreement
Page 15 of 21
31. NOTIFICATIONS AND CHANGE OF OWNERSHIP
If any notice is required to be given by the Town or the County to the Owner with respect to this
agreement, such notice shall be mailed or delivered to:
Permterra Development Corporation
18 Harvey Street
Tillsonburg, ON N4G 3J6
or such address as the Owner has notified the Town Clerk in writing, and any such notice mailed
or delivered is deemed good and sufficient notice under the terms of this Agreement.
Should the Owner sell all or a portion of this subdivision, all terms and conditions agreed to in this
Agreement are to be transferred to the new owner(s). The Town and County will require the new
owner to accept, in writing, the terms and conditions outlined in this Agreement, If this
acceptance of the terms and conditions of the Agreement from the new owner(s) is not received
by the date of sale or transfer, the terms and conditions agreed to in this Agreement shall remain the
responsibility of the previous owners.
32. REVISIONS TO THIS AGREEMENT
Upon written notification to all parties, the Town, the County and/or the Owner have the right to
request revisions to this Agreement provided that the Agreement has been in effect for a
minimum of five years.
33. AGREEMENT REGISTERED
This Agreement shall be registered by the Town of Tillsonburg against all lands to which it
applies at the cost of the Owner.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this
day of 2006.
) PERMTERRA DEVELOPMENT CORPORATION
)John Gilvesy
I have the authority to bind the Company
THE CORPORATION OF THE TOWN OF TILLSONBURG
MAYOR — Stephen Molnar
}
} Michael Graves
DIRECTOR OF CORPORATE SERVICES/CLERK
) THE CORPORATION OF THE COUNTY OF OXFORD
Warden -
Ken Whiteford CAO/Clerk
Town of Tillsonburg Subdivision Agreement
Z=�
Page 17 of 21
SCHEDULE "All
SUBDIVISION PLAN
As prepared by—Kim Husted. Surveying Ltd, dated September 22, 2005.
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Town of Tillsonburg Subdivision Agreement
Page 19 (tit' 21
SCHEDULE "B"
SUMMARY OF ESTIMATED SERVICING COSTS
PLAN 32T-05004
Wood Haven Subdivision
TOWN OF TILLSONBURG
SUBDIVISION SECURITY ESTIMATE _
I
Subdivision: Woodhaven f'
,
Subdivider: Permterra Developer Corporation
,Consultant: G. Douglas Vallee 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
7 Surface Asphalt
8 Final CB & MN Adjustments
9 Curb & Gutter
10 Sidewalks/Walkways
11 Boulevard Grading, Sodding & Driveways
12 Rough Grading
13 Stockpile Removal
Estimated
Cost
$233,435
$122,722
$112,595
$79,500
$36,800
$54,400
$49,000
$5,000
$36,000
$40,000
$32,300
$5,000
$5,000
1 4 L-ariuscapin tparK5/scnooisieic.)
3u
f 15 Noise Attenuation Works
$0
16 Stormwater Management Facility
$155926
17 Stormwater Management Facility (Landscaping)
$0
18 Privacy Fencing
$0
19 Erosion & Sed'mt Control
$6,000
20 As Constructed Drawings ($500/dwg x 13 dwgs)
$6,500
P%..,. - _
n. � I
1 L 1 V11IV, 1 -
22 Other-
�V
$0
23 Sub -Total
$840,178
24 GST (7%)
$582812
25 Total Security
$898,990
Town of Tillsonburg Subdivision Agreement
Page 20 of 21
SCHEDULE "C"
SECURITY, CASH and DEVELOPMENT CHARGE PAYMENTS
PLAN 32T-05004
Wood Haven Subdivision
TOWN OF TILLSONBURG
INTERNAL AND EXTERNAL COSTS
Cash Deposit upon Execution of Subdivision Agreement to Town of Tillsonburg
A) Construction Cost Estimate $ 8989990
Security Prior to Construction and Registration of Plan of Subdivision
Irrevocable Letter of Credit $ 8989990
NOTE: Security will be based on current costs and standards.
Town of Tillsonburg Subdivision Agreement
Page'-) l of 21
SCHEDULE "D"
IMPLEMENTATION SCHEDULE
PLAN 32T-05004
Wood Haven Subdivision
TOWN OF TILLSONBURG
Completion Date
Month/Year
1. Underground Services — Sanitary & Storm Sewers, Watermains July 2006
2. Road Construction — including Curbs, Granular A & B, Base Lift Asphalt August 2006
3. Utility Servicing — Gas, Telephone, Cable TV July 2006
4. Sidewalks August 2008
5. Street Lighting August 2006
6. Boulevard Restoration — including topsoil and sod August 2008
T'o be completed on a lot by lot basis as house construction complete.
7. Top Lift Asphalt — to be completed as houses are complete August 2008