3280 To authorize an agreement with Tillsonburg Developments Inc. to allow for the pre- : servicing of Phase 7 of Baldwin Place. :THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3280
A BY LAW to auttiorize an agreement with Tillsonburg Developments Inc. to allow fOr the pre -
servicing of Phase 7 of Baldwin Place.
WHEREAS The Town of Tillsonburg is desirous of entering into an agreement with Tillsonburg
Developments Inc. for the pre -servicing of Phase 7 of Baldwin ('lace;
THEREFORE the Council of the Town of "Fillsonburg enacts as follows:
I . THAT Schedule "X' 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 13th DAN' Oh' August, 2008.
READ ThIRD AND FINAL TIME AND PASSED THIS 13t" DAY OF August, 2008.
MAYOR-Stcplien Molnar
CLERK.-Michacl Graves
f're-Serviicint; Agreement
TOWN OF TILL.SONBURG
PRE -SERVICING AGREEMENT
THIS AGRh.EN1EN'I' made the day of , 2007.
BETWEEN:
THE CORPORA'T'ION OF THE TOWN OF Tit ,I_.SONI3UR(�
hercinafter called the "'TOWN"
- and -
THE CORPORATION OF THE COUNTY OF OXFORD
hereinafter called the "County„
- and -
TILI_.SONBURG DEVELOPMENTS INC.
hereinafter called the "Owner"
WHEREAS the lands affected by this agreeinent are the lands described as Part Lot 8, Concession 12, Plan 41 M-182, in
the Town of-1'illsonburg, 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 Rusted 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 storm sewer system, road allowances, roadways, curbs and gutters, an electrical system and street lights and
attend to requisite grading:
NOW THEREFORE T11 IS AGREEMENT WI'TNESSE'TLI 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 Subdivision Amending Agreement
attached hereto marked as Schedule ``B" shall be deemed to form part of the within agreement; and
13) PRI SERV ICES shall be such of the water system, sanitary sewer system, storin 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. 111IE 4"OWN AND/01Z THE COUNTY COVENANTS AND AGREES:
A) 'I'11at 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) "I'o 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 E OWNER COVh NAN'I'S AN t).t1(_'I"rRE S:
A) That the sole purpose ofthe 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 "I3" hereto attached, or substantially in the form and content as set out in Schedule
Pre -Servicing Agreement
shall be executed and all other provisions thereof complied with prior to issuance of airy Building
Permit relative to the lands and premises included in the within agreement;
B) The ONATner acknowledges that any works conducted on the site are done at their own risk and no review
done by any department 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 'Lown;
I_)) To pay the 1 own the following amounts prior to the execution. of the within agreement by the County and
the Z owil:
i. Preparation of the pre -servicing agreement $300.00
ii. Total Due
$300.00
L) 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 Subdivision Amending Agreement in place
contemplated in Clause I (a) is not executed and compiled 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.
1-1) "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.
1) 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.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this day
of, , 2001.
TILI,SONBURG DEVELOPMENTS INC.
Stc�"en Smith
I/WF1 I -lave Authority to Bind the Corporation
)
)'TIIE CORPOIZ�VTION OF THE COUNTY OF OXFORD
WAIME-N -
CLERK -
THIS: 'ORPORATION OF THE TOWN OF TII_.LSONBURG
yrs,.
.�._..._ - MAYOR --Stephen Molnar
C1.1 ---RK - Michael Graves
('re -Servicing Agreement
SCHEDULE "A"
BALDWIN PLACE PHASE 7
PLAN 32T-01002
Subdivision Plan
As prepcared by Kine (lusted 5urveyinb L.td., dated May 16, ?
SCHEDULE "B"
BALDWIN PLACE -PHASE -7
PLAN 32T-.--O-,1.0.0..2-
TOWN OF TILLSONBURG
SUBDIVISION AMENDING AGREEMENT PHASE VII
THIS AGREEMENT 111a(IC the day of 12007.
BETNVEEN:
TILLSONBURG DEVELOPMENTS INC.
hereinafter called the "Owners"
OF THE FIRSrl,, PART
-and-
THE
and -
THE CORPORATION OF THE TOWN OF TILLSONBURG
hereinafter called the "Town"
OF' -1 -`HE SECOND PART
WHEREAS the Owner entered into a Subdivision Agreement with the Town of Tillsonburg and the
Count), of Oxford on the 7th day of March, 2002 for the purpose of subdividing and registering) a Plan of
Subdivision on lands described as Part Lot 8, Concession 12, Plan 41 M- 182, in the Town of Tillsonburg,
S dated the 4th
and described in box 6 of the Document General, as shown on a proposed Plan of Subdivision
day of September, 2002 as prepared by Kim Husted Surveying Ltd.;
AND WHEREAS upon execution this Amending Agreement foni-is 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 includi'ng criginecri-
. 112 drawings and amendments to Schedules "A" "13
"C",
46C and 64-D";
AND WHEREAS the Owner is desirous of developing Phase 7, details of which were not included the
Schedules "-A". "B"I 1*11C'111 and "D" of the Subdivision 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 AGREEMENT 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 f6llc)w1ng schedules, as amended from the Subdivision Agreement, identify and refer to the
respective phase or stage referred to herein and fon-n 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, casements and parkland
Schedule "B" as Amended — summary of estimated servicing costs
Schedule "C" as Amended -- security and cash pay-n-wi-it
Schedule "DI, as Amended — completion dates for the works;
Subdivision Amending Agreement
2. PLANS
Page 2 of 6
The following plans, -cin, as amended from
I _- if required 1`6r the respective phase (stage) referred to herein,
those submitted for cornplianec with the Subdivision Agreement, 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 1 nipl enici-itati oil:
Plan showing the proposed storm and sanitary sewer systems
Plan showing the proposed water distribution systcil'i
Plan showing the proposed lot grading;
3. AGREEMENT BINDING
The conditions herein contained forms 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.
4. -AGFREEMENT REGISTERED
This Amending Agreement shall be appended to the aforementioned Subdivision Agreement previously
rcg,istcred on title by the 'Mown against all lands to which the Subdivision Agreement applies at the cost
of, the Owner.
UN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this
day of" 1 2007.
TILLSONBURG DEVELOPMENTS INC.
Steve Smith, Vice President
UWE Have Authority to Bind The Corporation
THE COR RATION OF THE TOWN OF TILLSONBURG
}-
1A'YOR Stephen Molnar
CI—.FR K — Michael Graves
)'I"I-IE CORPORATION OF THE COUNTY OF OXFORD
WARDEN,
c.A.0./C1crk Ken Whiteford
Subdivision Amending Agreement
SCHEDULE "A" AS AMENDED
SUBDIVISION PLAN
As prepared by King Husted Surveying I_Jtd., dated May 16, 2007.
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PHASE 7
SUMMARY OF ESTIMATED SERVICING COSTS
Page 4 of 6
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Subdivision Amending Agreement
SCHEDULE "C" AS AMENDED
Page 5 ol'6
I
SECURITN/ I CASH, and DEVELOPMENT CHARGE PAYMENTS
PnASF. '7
INTERNAL AND EXTERNAL COSTS
Cash Deposit or Letter of Credit upon Execution of Subdivision Amending Agreement to Town of
Tillsonburg
A) Construction Cost Estimate
GST
$3591850
21,591
$3811441
Security Prior to Construction and Registration of Subdivision Amending Agreement
Irrevocable Letter of Credit $381,441
Subdivision Arliending Agreement
SCHEDULE ``D"
IMPLEMENrTATION SCHEDULE
FOR PHASE 7
Page 6of6
Completion Date
Month/Year
1. Underground Services - sanitary & storm sewers, watermain August 2007
2. Stormwater Management Pond Completed p d with Phase l
3. Road Construction - including curbs, granular A & B, base lift asphalt September
p2407
4. Utility Servicing - Hydro, Gas, Telephone Cable TV September
2007
5. Sidewalks 2008/2009 (after lots
are developed)
b. Street Lighting
September 2007
7. Boulevard Restoration - including topsoil and sod
200/2009
S. Top Lift Asphalt 2 -
c. 009 to be
confirmed with Town
CYRIL J. DEMEYERE LIMITED,
CONSULTING ENGINEERS,
TOWN OF TILLSONBURG