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;
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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.
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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.
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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
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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