3435 To authorize an agreement between the Corporation of the Town of Tillsonburg and Hayhoe Homes (H.J. Hayhoe Ltd.)BY-LAW NUMBER 3435
A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF
THE TOWN OF TILLSONBURG AND HAYHOE HOMES (H. J. Hayhoe Ltd.)
WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to
enter into an agreement with Hayhoe Homes (H.J. Hayhoe Ltd.).
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
THAT the Agreement attached hereto as Schedule "A" and forming part of this By-law
between the Corporation of the Town of Tillsonburg and Hayhoe Homes (H.J. Hayhoe
Ltd. is hereby approved;
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 .,"D SECOND TIME THIS 12TH DAY OF JULY, 2010.
READ A TWPoD TIME PASSED THIS 9t' :DAY OF AUGUST 2010.
,1,
MAYOR -Stephen Molnar
r '
J
T
�p
CL RK -Kelley Coulter
DEVELOPMENT CHARGE EARLY PAYMENT AGREEMENT
THIS AGREEMENT made this the 12th day of July, 2010
BETWEEN Hayhoe Homes (H. J. Hayhoe Ltd.)
(Hereinafter referred to as the "Applicant")
And
Corporation of the Town of Tillsonburg
(Hereinafter referred to as the "Municipality")
WHEREAS the Applicant has entered into an binding agreement of purchase and sale to
become the registered owner of the lands (by January 2011) described in Schedule "A" attached
hereto (the "Lands").,
WHEREAS the Lands are not owned by the Applicant and are being developed by a third party
by way of plan of subdivision;
AND WHEREAS the Municipality's Development Charges By-law No. 3361 is applicable to
the Lands and charges there under are payable by the Applicant in accordance with the
Development Charges Act, 1997, S.O. 1997, c. 27;
AND WHEREAS the Development Charge Act, 1997 provides that a municipality may enter
into an agreement with persons who are required to pay a development charge providing for all
or a portion of the development charge to be paid before it would otherwise be payable;
AND WHEREAS the Municipality has published notice and enacted a development charge by-
law which would have the effect of increasing the quantum of development charges payable in
connection. with the Applicant's proposed development;
AND WHEREAS a third party has executed a. subdivision agreement with the Municipality in
conjunction with its development application for the Lands which would otherwise have
contained details respecting the payment of development charges and pursuant to the Agreement
of Purchase and Sale between the third party and the Applicant, the Applicant is prepaying the
Development Charges;
AND WHEREAS the Applicant has agreed that it will enter into an agreement with the
Municipality providing for the payment by the Applicant of such development charges and such.
other terms and conditions satisfactory to the Municipality.
NOW THEREFORE IN CONSIDERATION OF the Municipality waiving the increased
development charges and the Applicant paying the Development Charges in advance, the parties
hereto agree one with the other as follows:
1. AUTHORITY TO PREPAY DEVELOPMENT CHARGES
The applicant acknowledges that development on the Lands will require the payment of
development charges in accordance with section 26 of the Development Charges Act, 1997. The
Applicant also acknowledges that this is an agreement made pursuant to section 27 of the
Development Charges Act, 1997 which provides for the payment of development charges before
0)
the date or dates otherwise required. For clarity, no other fees, charges and/or levies are waived
and all other fees, charges and/or levies relating to the subdivision, construction of a building
and/or construction on a lot are still applicable and must be paid.
2. TIME FOR PAYMENT OF DEVELOPMENT CHARGES
(1) The Applicant hereby covenants and agrees that it will pay all development charges
associated with the 28 lots per Schedule A as may be required by the Municipality, including but
not limited to the payment of all hard services charges pursuant to Development Charges By-law
No.3 3 61, as indexed, and the payment of all other charges pursuant to Development Charges By-
law No.3361 as indexed, and hereby agrees to pre -pay such charges at the dates set out below,
notwithstanding any future amendments to the Municipality's Development Charges By-laws or
the enactment of new development charge by-laws;
(a) all ether charges pursuant to By-law No. 3 3 61, as indexed, which would
otherwise be payable on the date of building permit issuance, shall be paid to the
Municipality on an agreed upon date.
(2) The Municipality hereby acknowledges that prepayment of development charges by the
Applicant in the manner set out in subs. (1) herein will completely discharge the Applicant's
obligations to make any further development charge payments under By-laws No. 3 3 61,
notwithstanding any revisions or amendments thereto and notwithstanding the enactment of any
successor development charge by-laws. The Municipality specifically waives any rights or
entitlements it may have to make demand for payment of any further development charges from
the Applicant or other persons in respect of the Lands.
3. WAIVER OF CREDITS
The Applicant agrees to waive, to forfeit and not to assert any right to make any direct or indirect
claim, demand, application, action or appeal which it may have or become entitled to have with
respect to requesting payment, repayment, credit or reimbursement by the Municipality of any
amounts it has paid as development charges under this Agreement.
4. SECURITY
In order to guarantee the prepayment of development charges as required under Section 2 herein,
the Applicant agref�s to provide the amount of $83,216 at the date of execution of the Agreement.
The Applicant acknowledges that the prepayment of the development charges is not being held
in trust, no interest shall accrue on such prepaid development charges, the amount paid by the
Applicant is non-refundable and the prepaid development charges may only be applied to the lots
as listed in Schedule A. At no time and for no reason whatsoever and howsoever arising shall
the Applicant be permitted to a refund or reimbursement of the prepaid Development Charges
including, but not limited to, if the Applicant does not construct on the lots. Upon the Applicant
paying the prepaid Development Charges the Applicant acknowledges that it is forever releasing
such monies to the Municipality.
5. ACKNOWLEDGMENT
The parties hereby acknowledge that this Agreement pertains only to Development Charge By -
Law No. 3361. The Applicant specifically acknowledges that no special area development
charge by-law currently applies to the Lands but that if it is contemplated that a special area
development charge by-law may be enacted by the Municipality prior to the Applicant entering
3
into a 'subdivision agreement pertaining to the Lands [or receiving building permits that allow
construction or buildings or structures on the .Lands] . The Applicant acknowledges that if a new
special area development charge by-law comes into effect it hereby covenants and agrees that
nothing in this Agreement exempts it from paying such development charges as may be
applicable at such. times as are required under said by-law or the Development Charges Act,
1997.
6. WITHHOLDING OF BUILDING PERMIT ISSUANCE
The Applicant acknowledges and understands that the Municipality may withhold issuance of a
building permit or permits in respect of the Lands if the Applicant has not paid development
charges in accordance with this Agreement.
7. REGISTRATION ON TITLE
The Applicant hereby covenants and agrees that this Agreement and any schedules attached
hereto may be registered upon title to the Lands and that such registration shall be at the instance
of the Municipality and at its sole and absolute discretion. The Applicant further covenants and
agrees to prepare and register this Agreement and pay all costs associated therewith., as well as
all other costs incurred by the Municipality as a result of the registration of any other documents
pertaining to this Agreement, including but not limited to, any amendment thereto.
8. EXECUTION OF AGREEMENT
It is hereby understood and agreed that this Agreement must be executed by the Applicant and
delivered to the Municipality either with. payment as required by Clause 4. In the event that the
Agreement is not so executed by the Applicant within the said thirty (30) day period, the
Municipality, may, at its sole discretion, refuse to execute this Agreement.
9. NOTICES
(1) Any notice, demand, acceptance ore request required to be given hereunder in writing,
shall be deemed to be given if either personally delivered or mailed by registered mail,
postage prepaid, or by facsimile transmission (at any time other than during a general
discontinuance of postal services due to a strike, lockout or otherwise) and addressed to
the Applicant as follows:
William Hayhoe, President, Hayhoe Homes, 519-633-2037
or such change of address of fax number as the Applicant has by written. notification
forwarded to the Municipality; and to the Municipality as follows:
Kelley Coulter, CAO, Town of Tillsonburg, 519-842-9431
or such change of address as the Municipality has by written notification forwarded to the
Applicant.
(2) Any notice shall be deemed to have been given to and received by the party to which it is
addressed:
(a) if delivered, on the date of delivery;
4
(b) if mailed, then on. the fifth day after the mailing thereof; or
(c) if faxed, on the date of faxing provided an original receipt confirmation can be
provided
10. WARRANTY
The Applicant represents and warrants to the Municipality as follows:
(a) the .Applicant is a corporation validly subsisting under the laws of Ontario and has
full corporate power and capacity to enter into this Agreement and any documents
arising from this Agreement;
(b) all necessary corporate action has been taken by the Applicant to authorize the
execution and delivery of this Agreement.
11. BINDING ON SUCCESSORS
It is hereby agreed by and between the parties hereto that this Agreement shall be enforceable by
and against the parties hereto, their heirs, executors, administrators, successors and assigns and
that the Agreement and all the covenants by the Applicant herein contained shall run with the
Lands for the benefit of the Municipality.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals duly
attested by the hands of their proper signing officers in that behalf.
SIGNED, SEALED AND DELIVERED )
Hayhoe Homes (H. J. Hayhoe Ltd.)
Name: Wil iam Hayhoe
Title: President
I have to bind the corporation.
Corporation of the Town of
Tillsonburg
f �P
J
-�� Stephen Molnar, Mayor
Kelley Coulter CAO/Clerk
SCHEDULE "A"
SECURITY
Payment of Town of Tillsonburg Development Charge by Hayhoe Homes.
27 -May -10
Lot/Unit #
Street/Project
House
#
Plan
Number
Town of Tillsonburg
Develop ent Charge
5
Park Place, Tillsonburg
10
41 M 251
$ 2,972.00
6
Park Place, Tillsonbur
12
41 M 251
21972.00
7
Park Place, Tillsonbur
14
41 M 251
27972.00
8
Park Place, Tillsonbur
16
41 M 251
27972.00
9
Park Place, Tillsonbur
18
41 M 251
2,972.00
10
Park Place, Tillsonbur
20
41 M 251
2,972.00
11
Park Place, Tillsonbur
22
41 M 251
21972.00
12
Park Place, Tillsonbur
24
41M 251
2,972.00
13
Park Place, Tillsonburg
26
41 M 251
27972.00
16
Park Place, Tillsonbur
34
41 M 251
2,972.00
17
Park Place, Tillson
36
41 M 251
2?972.00
18
Park Place, Tillsonbur
38
41 M 251
2?972.00
23
Park Place, Tillsonbur
48
41 M 251
27972.00
24
Park Place, Tillsonburg
50
41 M 251
2,972.00
25
Park Place, Tillsonbur
52
41 M 251
2,972.00
26
Park Place, Tillsonbur
54
41 M 251
2,972.00
35
Park Place, Ti I Isonbur
35
41 M 251
27972.00
37
Park Place, Tillsonbur
31
41 M 251
27972.00
38
Park Place, Tillson
29
41 M 251
21972.00
39
Park Place, Tillsonbur
27
41 M 251
27972.00
40
Park Place, Tillson
25
41 M 251
21972.00
41
Park Place, Tlllsonburg_
23
41 M 251
27972.00
42
Park Place, Tillsonbur
21
41 M 251
2?972.00
43
Park Place, Tillson
19
41 M 251
27972.00
45
Park Place, Tillsonbur
15
41 M 251
2,972.00
46
Park Place, Tillson
11
41 M 251
27972.00
47
Park Place, Ti I Isonbur
9
41 M 251
2,972.00
51
Park Place, Tillsonbur
1
41 M 251
21972.00
$ 83? 216.00