3868 Schedules 'A' 'B' 'C' - Agreement to sale land 253 Broadway to Rego Management and 228495 Ontario LtdAGREEMENT OF PURCHASE AND SALE
BEnVEEN ·
THE CORPORATION OF THE TOWN OF TILISONBURG,
hereinafter called the Seller,
-and-
Rego Management and 228495 Ontario Inc,
hereinafter called the Buyer,
AND WHEREAS the Seller owns the subject property and Is desirous of Selling the subject property;
NOW THEREFORE THE PAJmES, In consideration of the mutual covenants and agreements hereinafter set out, hereby agree as
follows:
1. PROPERTY DESCRIPTION
The Buyer hereby offers to purchase from the Seller real property frontlng·on the li!!§I side of BROADWAY in the Town of
Tilisonburg having a frontage of 123 FEET !37.47 METRES! more or less by a depth of 168 FEET 151.1 METRES) more or less,
containing approximately 0.47 11.913 SQUARE METRES) acres and legally described as PARIS 4 AND s. PLAN 41R:§Z62.
2. PURCHASE PRICE
The purchase price shall be Three Hundred Fiftv Thousand Dollars (~50.000 Cdn.) calculated at the rate of Seven Hundred forty-
. Four Thousand Six Hundred EiQbtv-Clne Dollars ($744.681 Cdn.) per acre.
3. DEPOSIT
The Buyer submits with this Offer the sum of Thirty-Five Thousand Dollars ($$35.000.00 Cdn)"by cheque payable to the Selle~ upon
acceptance, as a deposit to be held by it, In trust, pending completion or other termination of this Agreement and to be credited
towards the purchase price on completion, and the Buyer further agrees to pay the balance of the purchase price, by cash or certified
cheque, on dosing, subject to the adjustments contemplated herein. For the purposes of this agreement, "upon acceptance• shall
mean the date of approval by bylaw of the agreement. The parties to this Agreement hereby acknowledge that the deposit shall be
placed in the Seller's bank account upon acceptance and no Interest shall be paid on the deposit. rt M /'
4. IRREVOCABLE DATE , \A . ~ cr 4 ~ .._ "j).AIIJ, 1\RY, )..o\ <;"
This offer shall be irrevocable by Buyer until 6 PM on th~ day of a!eiMag!!. ~016, after which ti e, if not accepted by the
Council of the Corporation of the .Town ofTIIIsonburg, thl~ Offer shall be null and void and the deposit returned to the Buyer in full
Without Interest. Further, the Buyer acknowledges that negotiation of this offer, including all amendments Is conditional upon the
approval of the Council of the Corporation of the Town of Tlllsonburg and that the negotiation and/or execution of the terms in this
offer by the Director of Development and Communications or his designate in no way binds the Corporation to any of the terms
contained therein.
5. CONDmONAL DATE
The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of the following terms and conditions on
or before JANUARY 30. 2015. which terms and conditions are for the exclusive benefit of the Buyer and may be waived in whole or in
part by the Buyer. If the conditions are not fulfilled or waived then the deposit shall be returned and the Agreement.arising from the
offer shall be at an end and all parties released from their obligations.
a. · The Seller hereby grants the Buyer and Its agents access to the property and Its consent to conduct ail reasonable
soil and environmental tests and investigations on any of the property and If the results of such tests are
unacceptable to the Buyer in Its sole discretion, the Buyer may, by written notice to the Seller, delivered on or
before the Conditional Date, terminate this Agreement. The Seller agrees to provide, at the Seller's expense, a
Phase 1 and Phase 2 Environmental Site Assessment if required. In such event, the deposit shall be returned
forthwith to the Buyer, without Interest dr deduction and all parties shall be released ·from their respective
ob6gatlons hereunder. • The Buyer covenants to restore the property to substantially the same condition as they
were prior to their entry thereon for testing at their sole expense.
edges that the Seiler provides no warranties or representations concerning the environmental 5\j~~):lj:lf~~~p'rroperty, soil conditions or the existence of any items under the surfa~ · .
Seller's Initials ~
b.
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c. The Buyer acknowledges that the property is being sold by the Seller pursuant to the Surplus Lands Policy in effect
at the date of this AgJ:eement.
6. TrrLE SEARCH DATE
The Buyer shall be allowed until6:00 PM on the 16"' day of December2014, (Requisition Date) to examine the title to the property at
his own expense and to satisfy himself that the Industrial use thereon is lawful.
7. COMPLETION DATE
This agreement shall be completed by no later than 6 PM on the 27"' day of Februarv. 201,2. Upon completion, vacant possession
shall be given to the Buyer unless otherwise provided in this Agreement.
8. TITLE
Provided that the ·title to the property is good and free from all registered restrictions, charges, liens and enclimbrances except as
otherwise specifically provided for In this Agreement and save and except for (a) any registered restrictions or covenants that run
with the land providing that such are compiled with; (b) any registered municipal agreements and registered asreements with
publicly regulated utilities provided such have been complied with or security has been posted to ensure compliance and completion,
as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility
or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public
utility lines, telephone lines, cable television lines, fibre lines or any other services which do not materially affect the use of the
property. If, within the specified times for Title Search any valid objection to title or to the faCt that an commercial use may not be
lawful on the property is made, in writing, to the Seller, In which the Seller Is unable to, or unwllllng to remove, remedy or satisfy,
and which the Buyer will not waive, this Agreement, notwithstanding any intermediate acts or negotiations in respect to such
objections, shall be at an end and all monies paid shall be returned without interest or deduction and the Seller shall not be liable for
any costs or damages. Save as to any valid objections so made by such day and except for objections going to the root of title, Buyer
shall be conclusively deemed to have accepted the Seller's title to the property. ·
9. DOCUMENTS
The Buyer shall not call for the production of any title deed, abstract. survey or any other evidence of title to the property. except
such as are in the possession or control of the Seller. If requested by the Buyer, Seller will deliver any sketch or survey of the property
within Seller's control to Buyer as soon as possible and prior to the Requisition Date.
10. FUTURE USE
Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by the
Buyer Is or will be lawful except as may be specifically provided for in this Agreement.
11. ADJUSTMENTS
Realty taxes including local improvement rates and unmetered public or .Private utility charges and unmetered cost of fuel, as
applicable, shall be apportioned and allowed to the date of completion, the day of completion itself to be apportioned to the Buyer.
lZ. DOCUMENT PREPARATION
The transfer/deed shall, save for the Land Transfer Tax Affidavit which shall be prepared and completed by the Buyer, be prepared in
registerable form at the expense of the Seiler.
13. CLOSING ARRANGEMENTS
Where each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the Property, and where the
tr.!lnsaction will be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 199!), Chapter
L4 and the Electronic Registration Act, S.O. 1911, Chapter 44, and any amendments thereto, the Seller and Buyer acknowledge and
agree that the exchange of closing funds, non-registrable documents and other items (the "Requisite Deliveries") and the release
thereof to the Seller and Buyer will (a) not occur at the same time as· the registration of the transfer/deed (and any other documents
Intended to be registered in connection with the completion of this transaction) and (b) be subject to conditions whereby the
lawyer(s) receiving any of the Requisite Deliveries will be required to hol.d same in trust and not release same except In accordance
istration asreement between said lawyers. The Seller and Buyer irrevocably instruct the said
•stration agreement which is recommended from time to time by the Law Society of Upper
. Seller's Initials h . .
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canada. Unless otherwise agreed to by the lawyers, such exchange of Requisite Deliveries .will occur in the applicable Land Titles
Office or such other location agreeable to both lawyers.
14. HARMONIZED SALES TAX (HST)
If this transaction Is subject to HST, then such tax shall be In addition to the purchase price. The Seller will not collect HST If the
Buyer provides to the Selier a warranty that the Buyer is registered under the Excise 'll!x Act ("ETA"), together with a copy of the
Buyer's ETA registration, a warranty that the Buyer shall self-assess and remit the HST payable and file the prescribed form and shall . . .
Indemnify the Seller in respect of any HST payable. The foregoing warranties shall not merge but shall survive the completion of the
transaction. If the transaction is not subject to HST, Seller agrees to certifY on or before closing that the transaction is not subject to
HST.
15. TiME OF THE ESSENCE
Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein
· may be extended or abridged by an agreement in writing signed by the Seller and Buyer or by .their respective lawyers who are
specifically authorized in that regard.
16. TENDER
Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers on the day set for
completion. Money may be tendered by a bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario
Savings Office, Credit Union or caisse Populaire.
17. FAMILYLAWACT
Seller warrants that spousal consent Is not necessarv to this transaction under the provision of the Family Law Act, R.S.O. 1990 unless
Seller's spouse has executed the consent hereinafter provided.
18. LEGAL, ACCOUNTiNG AND ENVIRONMENTAL ADVICE
The parties acknowledge that any Information provided by the Buyer Is not legal, tax or environmental advice and that it has been
recommended that the parties obtain independent professional advice prior to signing this. document.
19. CONSUMER REPORTS
The Buyer Is hereby notified that a consumer report containing credit and/or personal information may be referred to in connection
with this transaction.
20. NOTICES
Notice to either party shall be given at the following addresses:
If to the Seller:
21. BROKER REPRESENTATION
Att: Development Commissioner
Corporation of the Town ofTIIIsonburg
200 Broadway, Suite 204
Tillsonburg, ON N4G 5A7
Fax: 519.842.9431
If to the Buyer:
Rego Management and 228495 Ontario Inc
766 Hespeler Rd
cambridge, ON N1R 5LB
The Buyer hereby confirms that Cliff Rego. Broker IRe/Max Real Estate Centre Inc Bro!seragel. Is representing the Buyer in this
transaction and the Broker shall receive payment of the standard commission of 5%.
Seller's Initials -.~\k:;.....::::_ __
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22. AGREEMENT IN WRmNG
In there is a conflict between any provision added to this Agreement (including any Schedule attached hereto) and any provision In
the typewritten hereof, the added provision shall supersede the typewritten portion to the extent of such conflict or discrepancy.
This Agreement including any Sch~ule attached hereto shall constitute the entire Agreement between the Buyer and Seller. There Is
no representation. warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This
Agreement shall be read with all changes of gender or number required by the context.
23. SUCCESSORS AND ASSIGNS
The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein.
BUYER AC!(NOWLEDGEMENTS
24. INSPECTION
The Buyer acknowledges having inspected the property prior to submitting this offer and understands that upon the Seller accepting
this offer there shall be a binding Agreement of Purchase and Sale between the Buyer and the Seller.
25. CONDmON OF THE PROPERTY
The Buyer acknowledges and agrees that it is purchasing the property in its present condition, "as is" and will conduct, by the Conditional
Date. all inspections that it reasonably requires to determine if the property has been used as a waste disposal site or contains waste as
thatterm has been defined and/or designated pursuantto the Environmental Protection Act (Ontario) or any federal legislation of similar
type or nature and that the Buyer acknowledges that the Seller makes no rep~entatlon or warranty concerning soli conditions, the
existence of any items below the surface and/or the environmental status of the property at the time of sale. The Buyer further
acknowledges and agrees that It will conduct such tests as It deems necessary to determine to its satisfaction that the soli conditions for
the property are satisfactory to support the development and construction of the building and other structures contemplated ·for its
proposed use of the property.
26. PROVISION OF PLANS
The Buyer. agrees that prior to the Issue of a building permit the Buyer shall provide to the Department of Development &
Communications of the Seller a plan showing the location of the building(s) and outside storage, the front elevation of the
buildlng(s), the exterior building materials, the landscaping treatment and the screening of outside storage. The obligation of the
Buyer set out In this paragraph shall not merge on closing.
27. PREUMINARV DEVELOPMENT AGREEMENT
The Buyer agrees that the title of the Buyer to the said lands will be subject to the covenants and agreements substantially in the
form attached hereto as Schedules "A" and agrees to execute a form of preliminary development agreement containing the same
which shall be registered on title at the time of closing.
28. ASSIGNMENT
The Buyer undertakes that the only assignment of this agreement will be by way of direction that title be drawn in the name of
another corporation which has the same shareholders (owner). This will be confirmed by the Purchaser's solicitor prior to closing
along with confirmation that the Purchaser's solicitor has no knowledge of any intention on the Purchaser's part to sell the shares to
another party.
SELLERACKNQWLEDGEMENTS
29. SURVEY
The Seller agrees to provide to the Buyer, at the Seller's expense, an up-to-date reference plan of the property, prepared by a
qualified Ontario Land SUrveyor under seal, showing the size and measurements of the property to describe the land for a
registerable transfer. Further, the Seller agrees to provide a surveyor's certificate as to the precise acreage of the Property
whereupon the purchase price to be paid shall be adjusted accordingly if the certificate indicates that the acreage is more or less
than described in Paragraph 1 above and such certificate shall be final and building upon the Seller and Buyer.
30. DISCHARGE OF ANY MORTGAGES, LIENS OR ENCUMBRANCES
ortgages,llens or encumbrances, If any, registered against the property at its own expense, on or
Seller's Initials lli.
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31. EXISTING SERVICES
The Seller agrees, without payment by the Buyer of additional levies, Imposts or charges, to supply to the property all existing
municipal services currently in place and serving the property Including paved roads, hydro, water, sanitary sewers and storm
drainage ditches. Such municipal services to be available on or before closing. The Buyer acknowledges and agrees that it will be
responsible for any fees to connect laterals to water, sanitary sewers, and hydro at the standard charges Imposed by lillsonburg Hydro
Inc and the Town oflillsonburg/County of OXford Engineering Departments as well as any costs associated with the Installation of laterals
to connect to services within the municipal road allowance. The Buyer further acknowledges that It will be responsible for compUance
with any onslte or abutting drainage requirements incluamg lot grading or drainageswales, ditches or conduits that may be required
including costs associated with construction or installation of same as a result of any proposed development on the property and as a
condition of approval of such development. The Buyer acknowledges that a Road Occupancy Permit must be obtained for any works
undertaken on lillsonburg's road allowance(s) and the Buyer shall provide a cash deposit In an amount satisfactory to the Director of
Operations to guarantee the performance of the owner's obligations pursuant to the Road Occupancy Permit and to Indemnify the Town
oflillsonburg for any costs incurred as a result of works undertaken on the road allowance(s) In addition to any security required
pursuant to this Agreement.
The obligations of the seller set out in this paragraph shall not merge on closing.
3Z. REASONABLE ASSISTANce BY THE SEllER
The Seller agrees to provide reasonable assistance and co-operation to the Buyer in obtaining necessary approvals for the development
of the property subject to the Buyer's compliance With all relevant building codes, bylaws, land use controls, any other statutory
requirements and payment of the fees provided for In the Town's current fees bylaw.
The obligations of the seller set out in this paragraph shall not merge on dosing.
DATED at~"'
SIGNED, SEALED AND
DELIVERED In the
Presence of
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1 have the authority to bind the corporation
Seller's InitialsJ!)D111:....1""<---s
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SCHEDULE UAU-RESTRICTIVE COVENANTS
This Schedule Is attached to and forms part of the Agreement of Purchase and Sale between
GENERAL CONDITIONS:
BUYER ("Transferee«, Rego Management and 228495 ontario Inc), and
SELLER ("Transferor", The Corporation of the Town of Tillson burg
for the purchase and sale of Parts 4 and 5, Pian 41R-6262.
~!~Hr r, 2.014, an Ill be registered on title for the property.
The Transferee agrees that the title of the Transferee to the said lands will be subject to the covenants and agreements substantially
in the form contained herein as Schedule "A" and agrees to execute a form of preliminary development agreement containing the
same which shall be registered on title at the time of closing.
1. The Transferee acknowledges that the property is being sold by the Transferor pursuant to the proposal received by the
Town of Tillsonburg through the Request for Expressions of Interest (RFEI} process· established March 6, 2014 and the
corresponding information provided by the Transferee in the proposal submitted to the Town and that any changes in ·
initial use or tenancy must be approved by the Town ofTillsonburg.
2. The Transferee and the Transferor mutually agree on the merits of developing the land consistent with the existing quality
and design as evidenced by development In the downtown and as contained within the central Area Design Study (2012}.
3. The Transferee acknowledges that the property is subject to Site Plan Control as per Bylaw 3513 and that that an
agreement will be required prior to the Issuance of a building permit. As part of the review process, the Transferee will be
required to submit the following drawings, if applicable, for approval by the Town ofTlllsonburg:
(a) Overall Site Plan Including location and screening for outside storage;
(b) Floor plan;
(c) Building elevations;
(d) Proposed exterior materials;
(e) Landscaping plan;
(f) servicing plan; etc.
Further, the Transferee acknowledges and agrees that they wlil be required to provide a security deposit in accordance with
the Town ofTillsonburg's Site Plan Bylaw.
4. Minimum lot coverage will be 20% unless otherwise approved by the Transferor In writing.
S. All sales of land are subject to applicable zoning by-laws and any other regulatory bylaws of the Town of Tillsonburg and the
County of Oxford.
6. The Transferee will be subject to the regulations of the Town, County of Oxford and Province of Ontario, Ministry of the
Environment, governing the discharge of wastes and effluents into municipal sanity sewers and will provide the necessary
environmental protection and be liable for the cost of any pretreatment which may be required to comply with the said
regulations.
1. These conditions of sale shaD continue to be binding on both of the parties hereto and shall not merge on completion of the
transactions but shall remain binding on both of the parties.
TRANSFEREE'S ACKNOWLEDGEMENTS AND COVENANTS:
8. The Transferee covenants and agrees that it will, within one (1) year of the date of registration of the Transfer of the land
herein described from the Transferor to the Transferee, start construction thereon of an building. to cover not less 20% lot
coverage, the plans for which have been approved by the Transferor, and to complete construction of such building within
one (1} year of the start of such construction. The Transferee covenants to deliver to the Transferor, in writing. at the
Development Commissioner's Office, Town ofTiilsonburg Corporate Office, 200 Broadway, Suite 204, TIIIsonburg. Ontario, a
schedule of the times of commencement of construction and completion of construction and shall keep the Transferor
Informed by written notice of any changes In the schedule and of any delay in construction tim~· which occu o~m .
occur.
P,i w '-"~ of[<.._ t · N..~.' J...t;..! ·
9. If the Transferee does not start and complete construction of an iREiusl.l'llll building. In accordance w e provision of
Paragraph 8 above, within the periods therein set out, the Transferor shall have the option of repurchasing the said lands
from the Transferee at ninety (90%) percent of the original purchase price, without Interest, and free froin any and· all
encumbrances, and the Transferee shall provide to the Transferor all cessations of charges and releases of other
encumbrances and execute all Transfers and assurances as may be requisite in order to transfer a good and marketable title
to the Transferor within thirty (30} days of having been requested to do so by the Transferor. The said option may be
exercised by the Transferor on sixty (60) days notice In writing at any time, provided that the TraOsferee may, at any time.
after three (3} ye o the time of default, give notice in writing to the Transferor at the Development Commissioner's
Office, T burg porate Office, 200 Broadway, Suite 204, Tillsonburg. ontario, requ· the Transferor to
t e rchase the lands as aforesaid. If, after receiving such notice from.the Tran e, he Transferor Seller's Initials _ _,_ ___ _
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does not exercise its right to repurchase the said lands by giving notice in writing, mailed· to the address for service of the
Transferee as shown on the Transfer, of such Intention within ninety (90) days of receipt of the said notice from the
Transferee, then the Transferor's right to repurchase said lands under the provision of this paragraph shall terminate.
10. Construction of the building shall be considered to be commenced when any required building permits have been obtained
and the forms for the footings are in place. The building shall be considered to be completed when substantial
performance has taken place, as such Is defined by the Construction Uen Act, R.S.O. 1990. Provided that appropriate
allowances shall be made for default caused by delays resulting from fires, strikes, floods, acts of God, or the Queen's
enemies, or lawful acts of public Authorities, or delays caused by material suppliers or common carriers which cannot
reasonably be foreseen or provided against.
11. Unless the covenants In paragraph 8 have been satisfied, the Transferee covenants that it will not sell the said lands, or any
part thereof, to any person, firm or corporation, without first offering in writing, delivered to the Development
Commissioner's Office, Town of Tlllsonburg Corporate Office, 200 Broadway, Suite 204, Tlllsonburg, Ontario, to sell such
lands to the Transferor at a price equal to ninety (90%) percent of the original purchase price paid by the Transferee to the
Transferor, and free from any and all encumbrances. For the purpose of this paragraph, If the Transferee is a corporation,
the word "self', In addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the
corporate shareholdlng of the Transferee by the person or persons who, at the date of the transfer of lands by the
Transferor to the Transferee, holds or hold a majority of the corporate shares. The Transferor shall have ninety (90) days
from the receipt of an offer made by the Transferee, under the provisions of this paragraph, to accept such offer. Such
acceptance shall be in writing and mailed to the address for service of the Transferee as shown on the Transfer. If the
Transferor does not accept an offer to sell, made by the Transferee under the provision of this paragraph, the Transferor's
right, provided In this paragraph to repurchase the lands so offered, shall terminate. Provided however, that the Transferee
may sell or otherwise transfer the said land to a subsidiary or affiliate corporation as defined in the Business Corporations
Act, R.S.O. 1990, without first so offering to sell the lands back to the Transfi!ror provided such subsidiary confirms the
acceptance of the within building covenants and the offer of re-sale in this paragraph and expressly undertakes in writing to
comply therewith, by execution of such documents, in confirmation thereof, as the Transferor may require.
THIS IS SCHEDULE "A" to the Agreement of Purchase and Sale between Rego Manager:nent/228495 Ontario Inc and the COrporation
of the Town of.Ttllsonburg.
SIGNED, SEALED AND
DELIVERED in the
Presence of
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Seller's Initials _.;k_:IIW"'---
S.CHEDULE •a•-PROPOSED DEVELOPMENT
lbls Schedule Is attached to and forms part Of the Agreement of Purchase and Sale between
BUYER ("Transferee", Re{IO Management and 228495 Ontario Inc), and
SELLER ("Transferor", lbe Corporation of the Town ofTIIJsonburg
for the purchase and sale Of Parts 4 and s, Plan 41R-6262
dated the :c~iff.iay of ~4, and will be regl
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lbis offer is conditional upon the Buyer, at the Buyer's expense, sati g himself, in his sole, absolute and unfettered discretion,
that (1) building permits will be available for the construction of a commercial/residential, mixecl-use structure on the subject
property upon the submission of proper applications and payment of applicable fees, Including development charges and (2) as to
the economic feasibility and marketability of the subject property. Unless the Buyer gives notice, in writing, delivered to the Seller by
January 30, 2.015, that this condition Is fulfilled, this offer shall be null and void and the deposit shall be returned to the Buyer in full
without Interest or deduction. This condition is included for the sole benefit of the Buyer and may be waived at his option by notice
in writing to the Seller within the time period stated herein.
This Offer is conditional upon the approval of the terms herein by the Buyer's solicitor on or before November 30, 2014. Unless the
Buyer gives notice, in writing, delivered to the Seller that this condition is fulfilled, ·this offer shall be null and void and the deposit
shall be returned to the Buyer in full without interest or deduction. This condition is included for the sole benefit of the Buyer and
may be waived at his option by notice In writing to the Seller within the time period stated herein.
Notwithstanding the completion date set out in this Agreement, the Seiler and Buyer agree that the Buyer may extend the date of
completion of this transaction by up to sixty (60) days upon gMng a minimum of fifteen (15) days notice, in writing, to the Seiler.
The Purchaser, Rego Management, is a registered Sales Representative.
This offer Is conditional upon the Buyer being satisfied, In their sole and absolute discretion, as to the solution regarding the thirteen
municipal parking spaces currently located on the property. Unless the Buyer gives notice, in writing, delivered to the Seller that this
condition is fulfilled, this offer shall be null and void and the deposit shall be returned to the Buyer in full without interest or
deduction. This condition is included for the sole benefit of the Buyer and may be waived at his option by notice in writing to the
Seller within the time period stated herein.
lbe Buyer acknowledges that Part 4 on Plan 41R-6262 Is subject to a right of way for Ingress and egress per instrument 426254.
Notwithstanding any other term of the Agreement of Purchase and Sale or .any schedule attached thereto, all sales of land and the
development of this property and/or the construction of any building on this property Is subject to compliance with zoning by-laws
and any other regulatory bylaws of the Corporation of the Town of Tillsonburg and the County of Oxford. The Transferee
acknowledges that there was no term, representation, promise or covenant, express or Implied, by the Transferor or any of its agents,
employees, officers, directors or counsellors that waives, suspends or modifies compliance with zoning by-laws, site plan approval
and/or any other regulatory bylaws of the Corporation of the Town of Tillson burg and/or the County of Oxford. Further, the
Transferee acknowledges that there was no term, representation, promise or covenant, express or Implied, by the Transferor or any
of its agents, employees, officers, directors or counsellors that the Transferor will pass, support or approve any by-law, minor
variance, severance·or Official plan amendment.
Buyer's Initials~
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SCHEDULE "C"
Notice of Request for
Expression of Interest
253 Broadway, Tillsonburg, ON
Cliff Rego, Broker
RE/MAX Real Estate Centre Inc.
cliff@cliffregoteam.com /519-740-7222
5/20/2014
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Name of Individuals/Corporation/Consortium
1. 228495 Ontario Inc
2. Rego Management
Description of Proposal:
The following proposal has been created to provide you with a conceptual understanding and idea on
our vision pertaining to the Site known as 253 Broadway with the construction of a mixed-use
development. We recognize that the Downtown has a number of significant heritage buildings,
landscapes and cultural elements that should be protected and enhanced through this development.
We, much like the City ofTillsonburg, wish to maintain the historical integrity of the City.
It is our understanding that the City of Tillsonburg will support mixed-use development within the
Central Business District. With that said, it is our intention to help promote the concept of live, work,
play within the downtown with the development of a mixed-use, medium-density building comprising of
both commercial (retail/office) and residential opportunities. We believe that the proposed
development will respect the historic character and develop upon the already strong framework that
currently exist within the Downtown Core and act as a signature gateway building.
Other Projects Undertaken:
We have been involved and overseen multiple preservation and restoration projects that have required
extensive renovations. A few of our latest projects outlined below for your review and consideration.
See Appendix A-Project Property Photos
Project 1-Mixed Use Building
• Extensive renovation of 17 apartment units
• Extensive renovation of over 17,000 square feet of commercial space
• Repair and preserve the original fascia
• Maintained the original proportions, dimensions and elements
• Located on the main street of the Preston Core Area in the City of Cambridge
• Fully leased and operational building
Project 2-Mixed Use Building
• Extensive renovation and gut of interior
• Maintaining and repairing original architectural features (when possible)
• All new material designed to match the materials being replaced in composition, design, colour,
texture and other visual qualities
1
• Repaired fascia with contemporary designs using compatible material to preserve the historic
character of the structure
• Maintained the original proportions, dimensions and elements
• located in the Downtown Core of the City of Cambridge
• Fully leased and operational building
Project 3-Commercial {Office) Building
• Extensive renovation and gut of interior
• Maintaining and repairing original architectural features (when possible)
• All new material designed to match the materials being replaced in composition, design, colour,
texture and other visual qualities
• Repaired fascia with contemporary designs using compatible material to preserve the historic
character of the structure
• Maintained the original proportions, dimensions and elements
• located on major roadway in the City of Cambridge
• Fully leased and operational building
Additional Projects
• Renovation of six fully operational dental offices throughout Ontario
Proposed Development-Conceptual Drawing:
Please keep in mind that this is only a conceptual
concept as we are open to work with the City on
any ideas and suggestions offered. This is one
avenue that we wanted to explore for the purpose
of this proposal as we feel it reflects the highest
and best use for this particular site both in design
and functionality. All necessary setbacks and
height requirements will be maintained once in the
design phase.
We have taken many of the design principles as outlined in the
Central Area Design Study in to consideration for this proposal.
We believe that the character of the new development should reflect the culture and history found in
the Downtown. The proposed development, for the purpose of this proposal, is a 3 storey free-standing
mixed-use, medium-density building comprising of commercial units (retail/office) located on the main
2
floor and residential units located on the second and third floors. A medium density development would
be most consistent to existing building heights found in the Downtown.
Our vision for the Site is a wraparound building that wraps along Braodway and Venison St. We want to
align the building to act as a backdrop to the main focal point centered around the 'City ofTillsonburg'
Sign that currently exist on the property. The building and City sign will act as a true gateway to the
Downtown.
See Appendix B-Proposed Design Elements
At ground level we want to create a pedestrian friendly design to encourage an active and publicly
oriented space. This would include sidewalks with bike accommodations, extensive landscaping and a
public courtyard for both residents and patrons.
As outlined in the Central Area Design Study our intention is to enhance and promote the heritage by
using complimentary building materials and proportions in the design and construction. We want to
design the building that is compatible with the design of the existing inventory in the Downtown but not
copy it. While it is important that the new building maintain the heritage of the City, which will draw
upon the fundamental similarities, we feel that it should distinguish itself from the older inventory. This
will allow the new development to be constructed as a product of its own, which will help to support
any future development to conserve and enhance the form, character and features of heritage
properties in the area. A blend of contemporary and traditional design will be incorporated to create a
unique balance of the two. The use of high quality sustainable building practices and materials will be
reflected in its construction and as to keep in line with the surrounding aesthetics.
Advancement of Town's Goals:
Developing the Site will encourage and attract residents and businesses to the Downtown Core. The
type of mixed-use development, as proposed herein, will help increase commercial (retail/office) activity
and provide more housing options in the area while reinforcing a 24/7 activity centre. With its
commercial component it will help to add new jobs and increase the customer base of local shops and
services. The development will help to attract and inject new life into the Downtown Core, ultimately
increasing nearby property values without altering their character.
By bringing together and integrating different land uses and activities and making them more accessible
will help support and enhance local economic conditions. Ultimately, this type of development will help
to expand the housing options in the Downtown, increase owner-occupied businesses, improve the
overall urban design by expanding amenities available and reinforce the community focus of the
Downtown. We will work with the City to ensure that design principles mentioned herein align with City
objections and reflect City goals.
3
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Development Time Horizon:
We would like to start the process immediately. We anticipate a 2-3 month process with respect to Part
1, while reaching draft plan approval and zoning could take up to approximately 12-15 months (Part 2)
from the filing of a complete application for zoning.
Part 1-Pre-consultation and Concept Development
• land Use Planning and Concepts
• Preliminary site assessment
Part 2 -Draft Plan of Residential/ Commercial Zoning By-law Amendment
• land Use Planning
Part 3 -Construction
• This phase will start immediately after receiving all approvals obtained from the City
Initial Bid of: $300,000 (initial bid is negotiable upon further discussion)
4
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Appendix B-Proposed Design Elements
Mixed Use:
• Commercial (office/retail
on ground floor)
o Residential on upper 2
floors
Building Height:
o 3 stories to be consistent
with existing historic
buildings
o All levels will be similar in
height
Building Placement:
o Minimal setback to
maintain street wall
Listing:
o To illuminate building
entrances
o To illuminate signage
• To illuminate sidewalks and
pedestrian routes
• To illuminate parking and
service areas for safety
concerns
Sign age:
o Fascia signs or projecting
signs or canopy sign age or
entry awnings
Parking:
o Designed to enhance
pedestrian activity. Visual
impact of automobiles with
be minimized
Street Level:
o Create an attractive
streetscape
o Transparent to encourage
pedestrian traffic
o Minimum storefront
heights to match existing
historic buildings
• Masonry, stone, brick or
stucco material similar to
historic buildings
• Large display windows will
appear similar in height to
those seen traditionally in
the City
';~:.:~'f o Maximized glazing
· ... ,.,._ .. ,,.-,. t=);~' Upper Level:
o Vertical proportion
windows similar to historic
buildings
o Extended street level
materials and detailing
Parking:
o Designed to enhance
pedestrian activity at street
level
l #:Pi3.j0Jd
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Appendix B-Proposed Design Elements
Mixed Use:
• Commercial (office/retail
on ground floor)
• Residential on upper 2
floors
Building Height:
• 3 stories to be consistent
with existing historic
buildings
• All levels will be similar in
height
Building Placement:
• Minimal setback to
maintain street wall
Listing:
• To illuminate building
entrances
• To illuminate sign age
• To illuminate sidewalks and
pedestrian routes
• To illuminate parking and
service areas for safety
concerns
Signage:
• Fascia signs or projecting
signs or canopy sign age or
entry awnings
Parking:
• Designed to enhance
pedestrian activity. Visual
impact of automobiles with
be minimized
Street Level:
• Create an attractive
streetscape
• Transparent to encourage
pedestrian traffic
• Minimum storefront
heights to match existing
historic buildings
• Masonry, stone, brick or
stucco material similar to
historic buildings
• Large display windows will
appear similar in height to
those seen traditionally in
the City
• Maximized glazing
Upper Level:
• Vertical proportion
windows similar to historic
buildings
• Extended street level
materials and detailing
Parking:
• Designed to enhance
pedestrian activity at street
level