3969 Schedule 'A' - Oakpark Estates Phase 2012 Subdivision AgreementOAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page I of38
OAKPARK ESTATES PHASE 2012
TOWN OF TILLSONBURG
SUBDIVISION AGREEMENT
THIS AGREEMENT made the 1r/f day of ~
BETWEEN:
'2015.
LANDMARK HOMES INC.
(hereinafter called the "Owner")
-and-
OF THE FIRST PART
THE CORPORATION OF THE TOWN OF TILLSONBURG
(hereinafter called the "Town")
-and-
THECOUNTYOFOXFORD
(hereinafter called the "County")
OF THE SECOND PART
OF THE THIRD PART
WHEREAS the Owner represents that it is the registered owner of the lands described in
Schedule "A" attached hereto (the "Lands") and proposes to develop the Lands for residential
development;
AND WHEREAS the Lands to be developed are attached hereto as Schedule "B", were
registered in November 1994, and consists of 18 lots comprising Lots 59-67 & 87-95 of Plan
41M-143, Town ofTillsonburg, County of Oxford.
AND WHEREAS this Agreement has been made a condition of approval by the Town of
Tillsonburg and contains all the requirements, financial and otherwise of the Town regarding the
construction of roads, installation of services, and drainage facilities, and any other matters
pertaining to the development of the Lands;
AND WHEREAS this Agreement shall be registered against the Lands and the Town and
County are entitled to enforce the provisions thereof against the Owner and, subject to the
provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the
Lands;
AND WHEREAS the Owner agrees, by entering into this Agreement, to satisfY all terms,
conditions and obligations, financial or otherwise of the Town and County pursuant to this
Agreement all at the Owner's sole expense and to the satisfaction of the Town and County;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
Town and the County approving the said proposed Plan of Subdivision and the covenants
hereinafter expressed, the parties hereto covenant, promise and agree with each other as follows:
1. RECITALS
The Owner, Town and County agree that the above recitals are true and incorporate same
as terms of this Agreement.
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
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2. DEFINITIONS
The terms defined in this section 2 shall have the following meanings unless the context
expressly or by necessary implication otherwise requires:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
G)
(k)
(1)
(m)
(n)
(o)
(p)
"Above-ground Works/Services" means all the ·remaining Works and Services not
included as part of the Underground Works/Services required to be installed pursuant
to this Agreement.
"Agreement" means this agreement titled "Town of Tillsonburg Subdivision
Agreement" including each of the Schedules attached hereto together with the
required plans and specifications required by this agreement and approved by the
Town and County in accordance with the provisions of this agreement. The use of
"Subdivision Agreement" shall be synonymous with "Agreement".
"Assumption By-law" means a by-law passed by Council assuming Works and/or
Services.
"Block" means a parcel of land laid out by draft or registered Plan of Subdivision and
designated by the Plan as a Block.
"Business Day" or "Business Days" means any day(s) that is not a Saturday, Sunday
or statutory holiday in the Province of Ontario.
"Certificate of Final Acceptance" means the certificate as issued by the Town after
the Town accepts all works and obligations that are constructed, installed, supplied or
performed by the Owner pursuant to this Agreement as further referred to in this
Agreement.
"Certificate of Preliminary Acceptance" means the certificate issued by the Town
after the Town is satisfied that certain works have been constructed, installed or
performed to the satisfaction of the Town, as further referred to in this Agreement.
"Council" shall mean the Council of the Corporation of the Town ofTillsonburg.
"County" shall mean the County of Oxford, including its successors and assigns or
the geographic area as the context requires.
"Director of Operations" means the Towns Director of Operations or individual
designated by him or her.
"Hydro Company" shall mean Tillsonburg Hydro Inc ..
"Highway" means any public highway or part thereof, any sight triangle, and any area
of road widening. The use of "public highway", "street", "road" "road allowance" or
"roadway" shall be synonymous with "Highway".
"Land" and "Lands" means the real property which is the subject of the Plan, the
legal description of which is described in Schedule "A" attached to this Agreement.
After the Plan of Subdivision subject to this Agreement has been registered on title to
the Schedule "A" Land, a reference to "Land" in this Agreement shall be deemed to
be a reference to the said registered Plan of Subdivision.
"Lot" means a parcel of land laid out by a draft or registered Plan of Subdivision and
designated by the Plan as a Lot. Lots are deemed to include a "Block".
"Maintain" includes operate, repair, replace or reinstate.
"Maintenance Period" means a period of two (2) years from the date of issuance of the
Certificate ofPre!iminary Acceptance [or the Works and Services to which the same relates
during which period the Owner shall be responsible for the repair and maintenance of all
such Works and Services, but does not include the Stormwater Maintenance Period.
----· -----·
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Town of Tillsonburg Subdivision Agreement
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(q) "Overall Grading and Drainage Plan" means the approved grading and drainage plan
attached hereto as part of Schedule "C".
(r) "Owner" means collectively the registered owner or owners in fee simple of the
Lands, its/his/her/their heirs, executors, administrators, successors, and assigns and
agents thereof or contractors or subcontractors carrying out works for or on behalf of
the Owner.
(s) "Plan" and "Plan of Subdivision" and "Subdivision" means the draft plan(s) of
subdivision approved by the County attached to this Agreement as Schedule "B".
(t) "Registered Professional Engineer" shall mean a licensed Professional Engineer who
carries current Professional Liability Insurance and holds a current Certificate of
Authorization issued by the Association of Professional Engineers of the Province of
Ontario or is employed by a partnership or corporation authorized by the Association
of Professional Engineers of Ontario to offer professional engineering services to the
public.
(u) "Services" includes those works, installations, structures and other related activities,
responsibilities and obligations 'listed in and required by this Agreement and includes
all municipal or other services to be constructed by the Owner under this Agreement
and referred to on the engineering design drawings listed under Schedule "C"
attached hereto and included in the estimated costs described in Schedule "D"
attached hereto.
(v) "Stormwater Maintenance Period" means the period of time from the date of issuance
of the Certificate of Preliminary Acceptance for the stormwater management facility until
the passing of the Assumption By-law or a maXimum of five (5) years, whichever occurs
first, during which period of time the Owner shall ensure that the minimum designed
liquid retention volume is maintained at all times and to inspect the facility at least once
per year and, if necessary, clean and maintain the facility to prevent excessive build-up
of sediments and/or vegetation and shall keep a logbook of all inspections and any
cleaning and maintenance operations undertaken, including an estimate of the quantity
of any materials removed.
(w) "Town" means the Corporation of the Town of Tillsonburg, including its successors
and assigns or the geographic area as the context requires.
(x) "Town Solicitor" means the lawyer or law firm retained by the Town or his/her
designate.
(y) "Underground Works/Services" means the water distribution system, sanitary sewer
collection system, stormwater collection system and stormwater management
facilities have been installed, tested and are operational, all required street signage
pursuant to this Agreement has been installed, and that the road allowance has been
graded to its full width with full depth Granular 'B', Granular 'A', curb and gutter,
and base course asphalt installed.
(z) "Works" means any municipal service, facility or utility which is required under this
Agreement and without restricting the generality of the foregoing includes the supply
and distribution of water, collection and disposal of sanitary sewage and drainage
water, stormwater management facilities, street lighting, roadways, curbs and gutters,
walkways, sidewalks, electrical distribution system, natural gas, and
telecommunications.
3. INCONTESTABILITY
The Owner will not call into question directly or indirectly in any proceeding whatsoever in
law or in equity or before any administrative or other tribunal the right of the Town and the
County to enter into this Agreement and to enforce each and every term, covenant,
provision, 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 of
such right.
4. ORDER OF PROCEDURE
(a) Prior to signing this Agreement, the Owner shall:
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
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i. Deposit with the Town an amount as set by the Schedule of Fees by-law and
revised from time to time to cover the initial legal, administrative, and
engineering costs of the Town respecting development of the Subdivision;
ii. Prepare and submit to the Town any studies or approvals as required;
iii. Deposit with the Town, securities and insurance as outlined in this Agreement;
IV. Pay in full outstanding taxes, local improvement charges, and other charges
identified in Schedule "E";
v. Agree with the Town on the parcel(s) of land to be conveyed to the Town for
municipal services or public purpose, and/or the amount of cash to be given to the
Town in lieu of parkland in accordance with Schedule "G" and/or "E";
vi. Prepare all servicing plans in accordance with the engineering standards of the
Town and County, and obtain approval from the Town and County of the same.
(b) Prior to Preliminary Acceptance of the Works and the issuance of Building Permits,
the Owner shall:
I. Comply with all the requirements of Clause 17 of this Agreement;
ii. Comply with all the requirements of Clause 39 of this Agreement;
iii. Comply with all the requirements of Clause 49 of this Agreement;
(c) Prior to Final Acceptance of the Works, the Owner shall:
1. Comply with all the requirements of Clause 20 of this Agreement;
ii. Comply with all the requirements of Clause 30 of this Agreement;
(d) Prior to the Town assuming the Works or Services, the Owner shall:
i. Comply with all the requirements of Clause 21 of this Agreement;
5. LIST OF SCHEDULES
The Town and the Owner agree that the following schedules shall form part of this
Agreement and it shall be the responsibility of the Owner to ensure complete compliance of
all matters related to these schedules.
Schedule "A" -Description of the Lands
Schedule "B" -Plan of Subdivision
Schedule "C" -List of Engineering Design Drawings
Schedule "D" -Summary of Estimated Servicing Costs and Securities
Schedule "E" -Summary of All Cash Charges
Schedule "F" -Implementation Schedule
6. OWNER'S EXPENSE
Every provision of this Agreement by which the Owner is obligated in any way shall be
deemed to include the words "at the expense of the Owner" unless specifically stated
otherwise.
7. OWNER'S CONSULTING ENGINEER
(a) The Owner shall retain the services of a Registered Professional Engineer or firm of
Professional Engineers with a Certificate of Authorization registered with the
Professional Engineers of Ontario (hereinafter called the "Consulting Engineer") to
carry out all the necessary engineering, supervision and inspection of the work
required for the development of the subdivision.
(b) The Owner shall continue to retain the Consulting Engineer until the work provided
for in this Agreement is completed and formally assumed by the Town and the
County and the Owner shall not retain the services of another Consulting Engineer
or change firms without the prior written consent of the Town Director of
Operations, or designate, which consent will not be unreasonably withheld.
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
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(c) The Owner agrees that in the preparation of contract plans and specifications, the
Consulting Engineer will adhere to the following procedures all at the cost of the
Owner:
i. Design all the Works and Services covered by this Agreement inch.1ding the
preparation of plans, profiles and specifications of the said Works and Services
and final "as constructed" drawings in printed and digital form as described in
this Agreement;
ii. Obtain all the necessary approvals from the Town, County, the Ministry of the
Environment and Climate Change, the Ministry ofNatural Resources, the Long
Point Region Conservation Authority, 'and other utilities, authorities or
governmental agencies as required by law prior to commencing any works in
relation to the said Works and/or Services;
iii. Submit to the Town for approval an estimate of the costs of the Works, which
said estimate, when approved by the Town shall become the basis for the
required securities.
1v. Prepare the necessary construction contract documents, provide field layout
and contract administration;
v. Provide full time supervision and inspection of the construction of the said
Works and Services. If the Owner's Consulting Engineer does not supervise
and inspect the installation of the Works and Services to the satisfaction of the
Town, acting reasonably, the Town may issue a stop work order;
VI. Maintain all records of construction of the said Works and Services and upon
completion, advise the Town Director of Operations of all construction
changes during the preparation of final "as constructed" drawings;
vii. Act as the Owner's representative in all matters pertaining to the construction
of the Works or Services;
viii. Provide co-ordination and scheduling to comply with the timing provisions of
this Agreement and the requirements of the Town for all Works and Services
specified in this Agreement;
1x. Supervise and inspect the construction of any remedial work required by the
Town and/or County;
x. Furnish to the Town and/or County a statement certifYing that all Works and
Services have been constructed in conformance with the approved design
drawings and to the applicable standards and specifications prior to the issuance
of any Certificate of Preliminary Acceptance and prior to the issuance of any
Certificate of Final Acceptance;
XI. Submit for Town approval a preliminary lot grading certificate for each lot or
building block for which a building permit application is made, certifying that
the proposed construction is in conformity with the Overall Grading and
Drainage Plan and Town standards;
XII. Provide the Town for approval a final lot grading certificate for each lot or
building block for which a building permit has been issued, indicating that the
property has been developed in conformity with the Overall Grading and
Drainage Plan and Town standards;
xiii. Submit a plan for the mitigation or removal of any contanlinants identified
through an Environmental Site Assessment Report, prepared by a qualified
consultant, where such report has been required by the Town and/or County for
the subject property, such work being the responsibility of the Owner.
(d) The Owner agrees with the Town and County that no Works or Services will be
installed and no work shall be commenced until the Town and/or County has
received all applicable exterual agency approvals, 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
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
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accordance with the said plans and specifications, all to the satisfaction of the Town
and/or the County. The Owner agrees to construct all Services and provide other
requirements, which will be known only after the details of the engineering design
are submitted to the Town and/or the County, and any applicable external agency
approvals have been acquired. The Town and/or the County may require, in writing,
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.
8. SUBDIVISION PHASING
The Subdivision may be developed in phases, and each phase may be developed in stages,
and each stage of the Subdivision will have the necessary Works and Services in relation to
that phase or stage. In the event that the Subdivision is developed in phases and stages, the
Consulting Engineer shall establish the amount of security for each phase and stage as
provided herein to be approved by the Town.
This Agreement covers the area and lots identified in the Plan attached hereto as Schedule
"B". Amending Agreement(s) will be required to develop subsequent phases and stages,
approval of which will be subject to receipt of all approvals, studies, and requirements of
the Town including any applicable fee's, engineering drawings, securities and amendments
to all Schedules.
9. PERFO~CESECUFUTY
(a) Prior to signing this Agreement or the commencement of any work in any phase or
stage of the Subdivision, the Owner shall deposit with the Director of Finance, to cover
the faithful performance of this Agreement for the construction and installation of the
Works and Services and the payment and provision of all obligations arising hereunder,
a cash deposit and/or an irrevocable letter of credit in the amount equal to the estimated
cost of all Works and Services of each phase or stage, as each phase or stage of the
Subdivision proceeds as described in Schedule "D" hereto.
(b) If the security is in the form of a Letter of Credit, such Letter of Credit shall be in a
form acceptable to the Town from a chartered bank expressing to be pursuant to this
Agreement and payable to the Town at any time or in part from time to time, upon
written notice from the Town that the Owner is in default under this Agreement and
shall contain the following provision:
"It is a condition of this Irrevocable Standby Letter of Credit that it
shall be deemed to be automatically extended for one (1) year from the
present or any future expiration date hereof, unless thirty (30) days
prior to any such date we shall notify you in writing by Registered
Mail or courier service that we elect not to consider this Irrevocable
Standby Letter of Credit renewed for any such additional period.
Upon receipt by you of such notice, you may draw hereunder by
means of your demand accompanied by your written certification that
the amounts drawn will be retained and used by you to satisfy the
obligations incurred or to be incurred in connection with the above
Agreement, and that you will release any amounts that you determine
in your sole discretion are not required by you for such purposes to our
Customer"
(c) If the Owner fails to perform any of it/his/her/their obligations pursuant to this
Agreement, the Town may deduct the cost thereof from the deposited securities, and
may use any deposit on-hand, or may call upon the surety of any letter of credit to
provide from the same the funds necessary to perform all works hereunder, or to pay,
at the option of the Town, the cost of any works, materials, or other charges related to
the Works and Services, including the cost of removing or defending any construction
liens, certificates of action, or defending or removing any actions or judgments
affecting the Town or Lands or Works/Services either dedicated to the Town or
which are intended to become the property of the Town pursuant to this Agreement.
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Town ofTillsonburg Subdivision Agreement
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(d) Where the surety indicates to the Town that the letter of credit will not be renewed for
any further period, and where any Works/Services or other obligations of the Owner
have not been completed as required by this Agreement before securities can be
released for snch Works/Services or obligations, and where the Owner has not provided
to the Town any other security acceptable to the Town, the Town shall have the right to
call upon the letter of credit to such extent as the Town deems necessary to maintain
such security until completion of the Works/Services or obligations in accordance with
the terms of this Agreement.
(e) Notwithstanding that any securities on hand have been designated herein to ensure the
completion or repair of specified work, where the Owner has failed to complete or
repair any Works/Services in accordance with this Agreement, or where the security on
hand is insufficient to secure the completion or repair of said work, the Town may
retain sufficient security at all times to ensure the completion or repair thereof.
(f) At the Town's discretion, one (1) year after the deposit of the security and on every
anniversary thereof while security is held by the Town, or more frequently if the
Town deems necessary, the Town may undertake a review of the sufficiency of the
security held. To facilitate this review, the Owner shall have the Consulting Engineer
provide the Town with the following information within ten (10) days of the request
thereof by the Town:
i. A description of the work completed to date and a calculation of the cost
thereof; and
ii. A description of the work remaining to be completed and a calculation of the
estimated cost thereof.
In the event the Town determines that the security it holds is insufficient to ensure the
performance and completion of all Works/Services required by this Agreement, the
Owner shall, within ten (10) business days of written notice from the Town, increase
the security by the amount the Town deems necessary, acting reasonably. Failure to
provide the Town with the requested increase of security shall be considered a breach
of this Agreement.
10. SECURITY RELEASE
(a) The Town shall retain at all times sufficient security in the form of cash or letter of
credit to finance the completion of the Works described in Schedule "D", maintenance
of the Works as provided for in this Agreement, and completion of grading and
drainage works as provided for in this Agreement, subject to the provisions of Clause
lO(c) of this Agreement.
(b) Upon the issuance of the Certificate of Preliminary Acceptance for the Works and
Services completed, the Owner may apply for a release of securities. The security may
be reduced to an amount equal to the estimated cost of the Works and Services
remaining to be completed as provided by the Consulting Engineer and verified by the
Town. Under no circumstances will the security released under this section be reduced
to less than the Maintenance Security requirements as provided for in this Agreement
for the Maintenance Period of the completed works which shall be held until the end of
the applicable Maintenance Period and issuance of the Certificate of Final Acceptance.
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OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
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(c) The Owner covenants and agrees to grade all lots, blocks and other parts of the
approved subdivision in accordance with the approved Overall Grading and Drainage
Plan. The Town shall hold a portion of the security for the subdivision through the
Maintenance Period for the purposes of ensuring site grading is completed according to
the approved Overall Grading and Drainage Plan. Where there are lots or blocks for
which a building permit has not been issued and where the Owner requires return of the
full security at the end of the Maintenance Period, the Owner shall grade all lots to
ensure proper drainage in accordance with the requirements of the Consulting Engineer
and the Town. Such undeveloped lots shall be graded to a maintainable condition so as
to allow the proper maintenance of all vegetation. When the Maintenance Period has
been completed, and upon receipt of a certificate from the Consulting Engineer
certifying that site grading for undeveloped lots has been substantially completed in
accordance with the Overall Grading and Drainage Plan, the Town Director of
Operations may authorize the release of the associated security where the Owner has
met all other requirements of this Agreement.
(d) The Town will not agree to any cancellation or reduction of the required securities if
the Owner is in default in whole or in part of any provision, requirement or obligation
of the Owner under this Agreement, including the conveyance of any lands or
easements required by the Town pursuant to this Agreement.
11. MUNICIPAL WORKS AND SERVICES TO BE PROVIDED BY OWNER
The Owner agrees to construct and complete in a good workmanlike manner, for the Town
and the County all the Works and Services set forth in this Agreement to the satisfaction of
the Town and/or County and that all Works and Services shall be constructed in strict
accordance with the plans and specifications approved by the Town and/or County.
If at any time and from time to time during the development of the Subdivision, the Town
and/or County is of the opinion that modification of Works and/or Services or additional
Works, Services or utilities, as conditions may require, are necessary to adequately provide
any of the Works, Services or utilities required pursuant to this Agreement, the Owner shall
construct such additional Works and/or Services or utilities at it/his/her/their own expense
upon receiving written notice from the Town and/or County, providing it is reasonable and
practical to do so.
The Owner shall commence within twelve (12) months of the execution of this Agreement
and shall complete within twenty-four (24) months after the date of execution of this
Agreement the installation of the Works and Services. In the case of phasing, this time
frame shall be applicable to the commencement and completion of each phase.
The Owner agrees that it shall be solely responsible for the complete cost of all the Works
and Services that are outlined in Schedule "C" and estimated in Schedule "D" of this
Agreement.
(a) Water Distribution System and Appurtenances
The Owner acknowledges and agrees to construct, at its own expense, a water
distribution system for the Plan of Subdivision and to connect said system to the
existing municipal water distribution system. The Owner is further responsible for
Town/County charges for field inspections, testing and the costs for the connection of
the water distribution system arising out of or attributable to the development of the
Subdivision.
The Owner agrees to design and construct all watermains and appurtenances thereto in
accordance with the Town and/or County standards and specifications and the Ministry
of Environment and Climate Change guidelines.
The Owner will require Town/County approval of the water distribution system to
service the development through submission of a Ministry of Environment and Climate
Change Form 1.
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Town ofTillsonburg Subdivision Agreement
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Prior to the issuance of the Certificate of Preliminary Acceptance the County or its
service provider may connect or authorize connection of the water distribution system
constructed by the Owner to the existing municipal water distribution system, but such
connection shall not constitute acceptance of the system by the County or its service
provider and the Owner shall continue to maintain system until formal acceptance.
All cutting or connecting to the existing municipal water distribution system shall
normally be made by Town/County forces at the expense of the Owner. The Owners
or its/his/her/their contractor may perform this work by permission of the Town
Director of Operations and with the Town/County Inspector present.
Where a Plan of Subdivision or portion thereof fronts or abuts on an existing roadway
upon which a water distribution system has been installed or may be installed, a
payment shall be made to the Town for the use of the said system main or mains as
the Owner's share of the water distribution system abutting the Subdivision.
All watermains shall be of a size as determined by the Town and/or County and
installed at a depth and location as determined by the Town and/or County. The
County may require the Owner to oversize watermains to accommodate the servicing
lands external to the Subdivision lands herein. If applicable such details and costs are
contained in Schedule "E" attached hereto.
The opening and closing of existing water valves and hydrants shall only be
performed by Town/County staff. The Consulting Engineer should make
arrangements in advance of this type of work to be done. The cost of performing this
service will be charged to the Owner and all accounts shall be settled on demand.
The Owner shall supply and install at it/his/her/their own expense the required
individual water service laterals and all appurtenances from the watermain to the
property line of every lot within the Plan of Subdivision in accordance with the latest
issue of specifications and standards of the Town and/or County and all applicable
laws.
The Owner agrees to relocate, support or modifY at it/his/her/their own expense any
existing utility service facilities as may be necessary by reason of the work required by
the Plan of Subdivision.
(b) Sanitary Collection System and Appurtenances
The Owner acknowledges and agrees to construct, at its/his/her/their own expense, a
sanitary sewer collection system for the Plan of Subdivision and to connect such system
to the existing municipal sanitary sewer collection system. The Owner is further
responsible for Town/County charges for field inspections and the costs for the
connection of the sanitary sewer collection system arising out of or attributable to the
development of the Subdivision.
It shall be the responsibility of the Owner to provide a satisfactory outlet for the
sanitary sewer system from the limits of the Subdivision to the point of junction with
the nearest approved existing municipal sanitary sewer collection system.
The Owner agrees to construct all sanitary sewers and appurtenances thereto in
accordance with the Environmental Compliance Approval (Sanitary) as issued through
the Transfer of Review by the County and in accordancr with the approved
construction plan drawings and standards for sanitary sewer collection systems as set
out in the Town and/or County standards and specifications and the Ministry of
Environment and Climate Change guidelines.
Prior to the issuance of the Certificate of Preliminary Acceptance, the County or its
service provider may connect or authorize connection of the sanitary sewer collection
system constructed by the Owner to the existing municipal sanitary sewer collection
system, but that such connection shall not constitute acceptance of the system by the
County or its service provider and the Owner shall continue to maintain the system
until formal acceptance.
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
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Where a Plan of Subdivision or portion thereof fronts or abuts on an existing roadway
upon which a sanitary sewer collection system has been installed or may be installed,
a payment shall be made to the Town for the use of the said system main or mains as
the Owner's share of the sanitary sewer collection system abutting the Subdivision.
All sanitary sewers shall be of a size as determined by the Town and/or County and
installed at a depth and location as determined by the Town and/or County. The
County may require the Owner to oversize sanitary sewer mains to accommodate the
servicing of lands external to the Subdivision lands herein. If applicable such details
and costs are contained in Schedule "E" attached hereto.
The Owner shall supply and install at it/his/her/their own expense the required
individual sanitary service laterals and all appurtenances from the sanitary sewer main
to the property line of every lot within the Plan of Subdivision in accordance with the
latest issue of specifications and standards of the Town and/or County and all
applicable laws.
The Owner agrees to relocate, support or modify at it/his/her/their own expense any
existing utility service facilities as may be necessary by reason of the work required by
the Plan of Subdivision.
(c) Stormwater Collection System and Appurtenances
The Owner ackoowledges and agrees to construct, at its/his/her/their own expense, a
storm sewer collection system for the Plan of Subdivision and to connect such system
the existing municipal storm sewer collection system. The Owner is further
responsible for Town/County charges for field inspections and the costs for the
connection of the storm sewer collection system arising out of or attributable to the
development of the Subdivision.
It shall be the responsibility of the Owner to provide a satisfactory outlet for the storm
sewer system from the limits of the Subdivision to the point of junction with the nearest
approved existing municipal storm sewer collection system.
The Owner agrees to construct all storm sewers and appurtenances thereto in
accordance with the Environmental Compliance Approval (Storm) as issued through
the Transfer of Review by the County of Oxford and in accordance with the approved
construction plan drawings and standards for stormwater collection systems as set out
in the Town standards and specifications.
Prior to the issuance of the Certificate of Preliminary Acceptance, the Town may
connect or authorize connection of the storm sewer collection system constructed by
the Owner to the existing municipal storm sewer collection system, but that such
connection shall not constitute acceptance of the system by the Town and that the
Owner shall continue to maintain the system until formal acceptance.
Where a Plan of Subdivision or portion thereof fronts or abuts on an existing roadway
upon which a storm sewer collection system has been installed or may be installed, a
payment shall be made to the Town for the use of the said system main or mains as
the Owner's share of the storm sewer collection system abutting the Subdivision.
All storm sewers shall be of a size as determined by the Town and installed at a depth
and location as determined by the Town. The Town may require the Owner to oversize
storm sewer mains to accommodate the servicing lands external to the Subdivision
lands herein. If applicable such details and costs are contained in Schedule "E"
attached hereto.
The Owner shall supply and install at it/his/her/their own expense the required
individual storm service laterals and all appurtenances from the storm sewer main to
the property line of every lot within the Plan of Subdivision in accordance with the
latest issue of specifications and standards of the Town and all applicable laws.
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 11 of38·
The Owner agrees to relocate, support or modifY at it/his/her/their own expense any
existing utility service facilities as may be necessary by reason of the work required by
the Plan of Subdivision.
(d) Stormwater Management Facilities
The Owner acknowledges and agrees to construct, at its own expense, stormwater
management facilities and associated infrastructure for the Plan of Subdivision within
the limits of the Subdivision and beyond, if required for the development of the Lands
as determined by the Town. It shall be the responsibility of the Owner to provide a
satisfactory outlet for the storli:J. management facilities from the limits of the
Subdivision.
The Owner agrees to construct the stormwater management facilities and associated
infrastructure in accordance with the Environmental Compliance Approval (SWM) as
issued by the Ministry of Environment and Climate Change and in accordance with the
approved construction plan drawings and standards for stormwater management
facilities as set out in the Town standards and specifications.
The Owner acknowledges and agrees to ensure that the minimum designed liquid
retention volume is maintained at all times and to inspect the facility at least once per
year and, if necessary, clean and maintain the facility to prevent excessive build-up of
sediments and/or vegetation. The Owner shall keep a logbook of all inspections and
any cleaning and maintenance operations undertaken, including an estimate of the
quantity of any materials removed commencing from the date of issuance of the
Certificate of Preliminary Acceptance for the stormwater management facility until the
passing of the Assumption By-law or a maximum of five (5) years, whichever occurs first,
which period of time shall be called the "Stormwater Maintenance Period".
The Owner shall have a stormwater management plan prepared by a qualified
consultant detailing the methods of maintaining post -development flows at pre-
development conditions. The plan shall describe the methods that will be used to
maintain stormwater quality, control erosion, and control/treat surface water flows for
the proposed development and associated lands within the watershed. The plan shall be
reviewed and approved by the Town, Long Point Region Conservation Authority, and
shall have an Environmental Compliance Approval issued the Ministry of Environment
and Climate Change. The Owner shall carry out or cause to be carried out any
necessary remedial works recommended by the Town, Long Point Region
Conservation Authority, or the Ministry of Environment and Climate Change.
The perimeter of all lands to be conveyed to the Town for stormwater management
purposes shall have a 1.8 meter galvanized chain link fence, or other fencing as
approved by the Town, as required
(e) Roadways, Curb and Gutters, and Boulevards
The Owner shall construct all roadways, curbs and gutters and appurtenances thereto in
accordance with the approved construction plan drawings and Town standards
including the excavation and grading to the full width of the right-of-way. All roads
shown on the Plan of Subdivision shall be dedicated as public highways.
All roadways shall receive two layers of asphalt that shall be placed at such times as
may be allowed by the Town in writing.
The Owner shall maintain the roadways in a usable condition for vehicular traffic until
the issuance of the Certificate of Final Acceptance of such roadways.
Until the passing of the Assumption By-law the Owner shall be responsible for the
erection and maintenance of signs at all entrances to the subdivision that states the
roadways within the subdivision have not been assumed by the Town in accordance
with this Agreement.
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 12 of38
Immediately prior to the placement of base course asphalt the Consulting Engineer
shall provide the Town with a certificate from a qualified geotechnical engineer
certifying the granular road base. The granular road base shall also be inspected by the
Town and where, in the opinion of the Town, the granular road base has become
contaminated the Owner shall remove all such contaminated areas and replace with
acceptable material, at no cost to the Town.
Concrete curb and gutters shall be constructed in compliance with Town standards and
shall occur only at such times as authorized by the Town in writing. The curb and
gutter shall be constructed to the line and grade as approved by the Town. The Owner
shall provide a record of such line and grades to the Town. Prior to the issuance of the
Certificate of Final Acceptance for said curbs and gutters by the Town all maintenance
and repairs of all curbs and gutters will be the responsibility of the Owner.
The Owner shall properly grade and finish all road allowance boulevards and other
areas to be landscaped with 100 mm of topsoil and nursery sod and other tree plantings
in accordance with Town standards. Trees to be planted shall be deciduous trees
indigenous to this region as approved by the Town and shall be of quality nursery
stock.
(f) Sidewalks & Pedestrian Walkways
Concrete sidewalks shall be constructed on at least one side of local roadways shown
within the Subdivision and on both sides of collector and arterial roadways as
specified by the Town.
Sidewalks, where required in the Subdivision, shall be constructed according to Town
standards. Sidewalk ramps will be constructed at intersections or where required to
the satisfaction of the Town.
Concrete pedestrian walkways shall be constructed in accordance with Town standards
and shall be delineated with a l.Sm high galvanized chain link fence along the property
line.
Prior to the issuance of the Certificate of Final Acceptance for said sidewalks and
walkways by the Town, maintenance and repairs of all sidewalks and walkways will
be the responsibility of the Owner.
(g) Streetlight System
The Owner shall be responsible for the design, supply and installation of a complete
streetlight system including all poles, luminaries, wiring, controls, and appurtenances
thereto in accordance with Town standards and as approved by the Town Director of
Operations.
All electrical supply for the streetlight system shall be in. accordance with the
requirements ofTillsonburg Hydro Inc. and satisfy the Electrical Safety Authority. The
entire streetlight system shall be supplied by a single metered supply connection.
Multiple meters and supplies shall not be permitted unless authorized by the Town
Director of Operations.
(h) Electrical Distribution System
The Owner shall enter into a Connection Agreement for electrical servicing with
Tillsonburg Hydro Inc. The Connection Agreement will specify the terms, conditions,
and financial obligations to facilitate the extension of electrical servicing to the
Subdivision.
The Town requires all primary and secondary electrical services for the Plan .of
Subdivision be designed and installed underground. The Owner covenants and agrees
to pay the Town's portion of costs to be incurred to install underground Hydro.
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 13 of38
The Owner shall arrange with Tillsonburg Hydro Inc. to install in a good and
workmanlike manner all underground wiring for the electrical distribution system
including street lighting. The design work relating to the installation shall be carried
out by Tillsonburg Hydro Inc. and shall be based on the premise that electrical service
will be required for all of the lots shown on the Plan of Subdivision.
The Owner will be responsible for the hydro trenches to be free and clear of all
obstacles and rough graded to within 150 mm of final grade before any trenching for
electrical supply will commence, and must provide the location of survey markers
defining the boundaries of the building blocks as may be required by Tillsonburg
Hydro Inc.
The Owner shall ensure that no shrubs or trees are planted closer than one (1) metre
from the three sides of any hydro transformer and not within two (2) metres of any door
opening to said transformer.
(i) Street Signage
All signage and appurtenances shall be approved by the Town's Director of Operations,
or designate, prior to their installation, shall be supplied by the Town at the Owners
expense, and shall be erected by the Owners contractor at locations specified by the
Town Director of Operations, or designate, all at the Owners expense. Permanent
signage shall only be erected upon completion of the curbing and base course asphalt
and must be installed prior to the issuance of Preliminary Acceptance for Underground
Works/Services and Building Permits.
Signage shall include all street name signs, regulatory signs, warning signs, including
signs confirming the roads are not assumed by the Town. All signage shall be
maintained by the Owner until the Assumption By-law is passed by Council. The
naming of roadways in the Subdivision shall be approved by the Town.
G) Erosion and Sediment Control
The Owner shall install and maintain at it/his/her/their sole expense all necessary
sediment and erosion control measures shown on the approved construction plan
drawings, and any additional erosion control works required. To minimize sediment
and erosion control problems the Owner shall:
1. install all silt fencing prior to the commencement of any earth moving
operations;
n. schedule construction activities in a logical sequence to minimize the area
of bare soil exposed at one time;
m. ensure stockpiles are constructed to a maintainable height and size and
located away from watercourses in accordance with the Engineering Design
Drawings and stabilized against erosion as soon as possible with erosion
control fencing installed around the base of all stockpiles;
iv. designate a construction vehicle access point and provide a rock or gravel
mat to minimize the amount of mud tracking off-site. The Owner will be
responsible to ensure that municipal roadways and sidewalks are cleaned of
all sediments at the end of each work day;
v. install erosion protection around all sanitary and storm manholes and catch
basins;
VI. install additional erosion and sediment control measures as the site
development progresses and as required by the Town Director of Operations
in his/her sole discretion;
vii. ensure all erosion and sediment control measures remain in place until all
disturbed ground surfaces have been rehabilitated either by paving or by
restoration of vegetative ground cover;
viii. provide temporary drainage and erosion control works if the work is
suspended to minimize erosion including sediment traps, silt fences, and
sediment storage areas;
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 14 of38
ix. properly stabilize disturbed areas as soon as possible, and if areas are to
remain disturbed through a winter, such areas shall be seeded, covered with
mulch or covered with sod as determined by the Town Director of
Operations;
Should the Owner default in construction, or maintaining any required sediment or
erosion control measures the Town at its sole option may enter the Lands and carry out
the required sediment and erosion control works with the costs being charged to the
Owner. If the Owner fails to pay for such works within thirty (30) days of the date of
billing, the costs may be deducted from the deposited securities.
(k) Development of Lands for Public Parks
The Owner agrees to prepare a grading and drainage plan to be approved by the Town
for any lands to be conveyed to the Town for parks purposes; the Owner shall grade
any lands to be conveyed to the Town for parks purposes in accordance with the
approved Overall Grading and Drainage Plan.
Lands to be conveyed to the Town for parks purposes shall be finished with a minimum
of 100 mm of topsoil and shall be seeded and/or sodded with the required plantings as
shown in Schedule "C" attached hereto and in accordance with Town standards.
0) Undeveloped Lands
The Owner agrees to maintain all lands within the limits of the Subdivision that have
been undeveloped for more than a period of one (1) year in accordance with the
maintenance requirements as set out in this Agreement and the Town's by-laws,
including the Town ofTillsonburg Clean Yard By-law.
(m) Trees of Significance
The Owner, where required by the Town, shall prepare a tree inventory and identify
trees of significance which are to be retained. Such work may include but is not limited
to:
i. approval of all cut and fill operations within the drip line;
ii. hand digging of adjacent service trenches; and
iii. may require the opinion of a qualified arborist to assess the impact of
proposed works.
(n) Tree Removals and Plantings
The Owner agrees that trees, other than those which are diseased or dead, shall not be
removed other than in an area to be occupied by a dwelling, driveway or landscape
structure without the prior written approval from the Town and shall undertake such
removals in accordance with Town standards. ·
The Owner agrees to provide the Town with a tree planting plan detailing the location
and type of all trees to be planted on both public and private lands in accordance with
Town standards.
( o) Additional Works
If, from time to time during the development of the Subdivision, the Town or the
County is of the opinion that additional works are necessary to provide adequately any
of the Works and/or Services required by the Subdivision, the Owner shall construct,
install or perform such additional works as may be reasonably requested by the Town
and/or County.
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 15 of38
12. APPROVED CONSTRUCTION PLANS AND DRAWINGS
The Owner shall provide the Town and County, prior to the execution of this Agreement, all
approved plans and drawings, that form part of this Agreement as listed in Schedule "C",
prepared by the Consulting Engineer in both paper and digita!AutoCAD (.dwg) and shape file
(.shp) formats, or in an AutoCAD format approved by the Town and County. Revisions to any
of these drawings or specifications must be approved and initialled by authorized representatives
of the Owner and the Town and/or County,
13. DAMAGES OR CHANGES TO EXISTING INFRASTRUCTURE
(a) The Owner shall repair any damage caused to any existing roadway, structure, services or
plant located on or under any road allowance, as a result of the development of the
Subdivision. All costs of such repairs shall be paid by the Owner. If not repaired in
accordance with the requirements of the Town and/or County, the Town and/or County
may complete such repairs as are deemed necessary at the sole discretion of Town and/or
County. If the Owner fails to pay for the repairs completed by the Town within thirty (30)
days of the date ofbilling, the costs may be deducted from the deposited securities.
(b) The Owner shall pay for any costs involved in the relocation of existing Works and/or
Services, such as hydrants, utility poles, or other services or plant, which may become
necessary because of the development of the Subdivision. If the Owner fails to pay for
such works completed by the Town and/or County within thirty (30) days of the date of
billing, the costs may be deducted from the deposited securities.
(c) All access roads must be maintained by the Owner in good repair acceptable to the
Town during the time of construction. This shall include the removal of mud tracked
from the Lands as well as dust control as further described herein.
(d) No roadway outside the limits of the Plan may be closed without the prior written
consent of the Town. To obtain such consent, the Owner shall advise the Town's
Director of Operations, not later than fourteen (14) days prior to the proposed closure,
of the date, time and duration they wish to close a roadway. All costs for advertising
the closure and detour signage shall be borne by the Owner.
(e) For the purpose of minimizing or eliminating danger, damage or inconvenience, the
Town reserves the right to limit or prohibit the use of any existing access and/or haul
road by the Owner. The Owner shall direct all or certain construction vehicles or
equipment associated with the construction of the Works/Services along such streets
as may be specified by the Town or when directed by the Town along such temporary
construction roads as are to be constructed and maintained by the Owner.
(f) The Owner covenants and agrees that it shall not dump nor permit to be dumped any
fill or debris on, nor shall it remove or permit to be removed any fill, topsoil, trees or
shrubs from any public lands, other than roads located within the Plan, without the
prior written consent of the Town. The Owner further agrees that no topsoil shall be
removed from the Lots and/or blocks except for construction purposes within the
development and then such topsoil shall be stockpiled during grading operations and
as each building is completed, the topsoil so stockpiled shall be replaced on the
ground around each building, and the replacing of such topsoil shall include all
surfaces not covered by buildings, driveways or pavement within the development.
Excess topsoil may be removed from the site with the prior written consent of the
Town.
(g) Where any municipal property, including any Highway, has been damaged as a result
of development and any Works/Services carried out on the Lands, the Owner shall
restore or reconstruct the municipal property to its former state as directed by and to
the satisfaction of the Town at the Owner's expense.
14. GRADING AND DRAINAGE OF THE LANDS
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 16 of38
(a) The Owner shall construct all drainage works and grade all roads, lots and blocks within
the Subdivision, and all lands abutting the Subdivision to drain in accordance with the
Overall Grading and Drainage Plan.
(b) If the Owner at any time or times fails to carry out his/her obligations to grade and drain the
Lands as required hereunder, the Town may enter onto the Lands and complete such work
as necessary to correct the same. If the Owner fails to pay for the work completed by the
Town within thirty (30) days of the date of billing, the costs may be deducted from the
deposited securities, or otherwise collected from the Owner.
(c) The Owner, at his/her sole cost and expense including all registration costs, shall grant and
convey to the Town, free and clear of any and all encwnbrances, easements affecting the
Lands as may be necessary or required in the sole opinion of the Town to provide for any
drainage work that may be required to furnish an outlet for storm water or natural water
courses draining on or from any part of the Lands. All such easements shall be shown on
the approved final engineering drawings and shall be registered at the Owner's expense.
(d) The Owner agrees that if the drainage work required to drain the Lands results in drainage
through lands other than the Lands, all such work shall be carried out by means of a storm
drain and appurtenances of sufficient size for the drainage requirements of the area and the
same shall be subject to the prior approval of the Town. The easements, land, servicing
requirements, and the docwnentation thereof shall be subject to the prior approval of the
Town. If the Town is required to obtain easements or land from adjacent land owners to
properly facilitate drainage of the Subdivision and contributing areas, the Owner shall be
responsible for all costs directly or indirectly related to said requirements and including the
costs incurred by the Town.
(e) If, as the Plan of Subdivision develops, it becomes apparent to the Town, County, Long
Point Region Conservation Authority, the Ministry of Environment and Climate Change,
or the Ministry of Natural Resources that further work is necessary with respect to grading
and/or drainage or with respect to the works contemplated in the clauses of this Agreement
related to grading and drainage of the Lands, either upon the Lands or beyond the
boundaries thereof, the Owner shall, at itlhis!her/their sole cost and expense forthwith
provide the same upon receipt of a written notice from the Town indentifying sufficient
particulars thereof. The necessity of such grading and/or drainage work shall be at the sole
discretion of the Town.
15. THE CONSTRUCTION LIEN ACT, R.S.O. 1990
(a) The Owner agrees that it will hold back in its payments to any contractor who may
construct the Works and Services such swns as are provided in accordance with the
Construction Lien Act, R.S. 0. 1990, c. C.30, as amended ("Construction Lien Act''), and
will otherwise indemnify the Town against any claims, actions or demands for construction
liens or otherwise in connection with the Works and Services and all costs in connection
therewith, and on the demand of the Town will take such steps to innnediately discharge all
liens upon the Works and Services.
(b) Notwithstanding anything to the contrary contained in this Agreement, the Owner hereby
agrees that the filing of any liens pursuant to the Construction Lien Act with respect to the
Lands described in the Plan of Subdivision shall constitute a defanlt by the Owner of the
terms of this Agreement, and shall entitle the Town to draw on any or all of the deposited
securities, and to utilize said draw to make payment into Court of the amount of the lien
together with costs.
16. INSPECTIONS
(a) The Owner agrees that the Town/County, its employees, agents, contractors or any
other authorized persons may enter upon the Lands and inspect the construction and
installation of the Services and Works. Such entry and inspection shall not be
deemed to constitute an acceptance of the Services or Works or any parts thereof by
the Town/County, nor to relieve the Owner and its Consulting Engineer from
undertaking their own inspection of the Works and Services.
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 17 of38
(b) The Town/County reserves the right to have inspectors/consultants employed to
review all plans and specifications and observe the construction and installation of the
Works and Services at any time. The Owner hereby agrees to pay all accounts of the
Town and the County in connection with the inspectors/consultants within ten (10)
days of them being completed in accordance with the applicable standards and
specifications of the Town and the County.
(c) The parties hereto agree that in no event shall the Town be required to conduct
inspections or recommend acceptance of any part of the Works or Services during the
months of December, January, February or March in any given year.
17. PRELIMINARY ACCEPTANCE OF WORKS
(a) Subject to the provision of this Agreement regarding Final Acceptance of Works, when
all the Works have been completed and cleaned to the satisfaction of the Consulting
Engineer, the Owner shall provide the Town with the following:
i. A maintenance security in the form of cash or a letter of credit in the amount
equal to ten percent (10%) of the total estimated cost of the Works with an
additional ten percent (1 0%) for the base and surface course asphalt and curb and
gutter Works including all labour and materials as described in Schedule "D";
ii. A Statutory Declaration that all accounts for material, labour and equipment
for the Works have been paid and that there are no claims for liens or otherwise
in connection with such Work in accordance with the Statutory Declaration of
Accounts Paid provision of this Agreement;
iii. Proof that all Ministry of Environment and Climate Change, Environmental
Compliance Approvals (ECA) and all other applicable permits associated with
the Owner's proposed Works and Services have been obtained and are in good
standing;
iv. Proof of insurance naming the Town, Tillsonburg Hydro Inc. and the County
as additional insured's as provided for in the Insurance provisions of this
Agreement;
v. Proof that the Plan of Subdivision and this Agreement and the Schedules
hereto have been registered upon the title of the Lands;
vi. Written confirmation from an Ontario Land Surveyor certifying that all survey
monuments and iron bars as shown on the registered plan of subdivision are in
place and located at grade;
VII. A certificate from the Consulting Engineer certifying that:
a. All Services and Works have been constructed in conformance with the
approved design drawings and to the applicable standards and
specifications;
b. The rough grading of the Lands has been completed to provide a proper
outlet for the major design storm, including completion of the stormwater
management facility;
c. All sanitary and storm manholes and catch basins have been flushed and
cleaned of foreign matter along with a CCTV inspection of the sanitary
and storm sewer systems, a copy of which shall be supplied to the Town,
with confirmation that all deficiencies the CCTV inspection revealed have
been rectified.
d. All stormwater management facilities as required in the stormwater
management report and shown on the engineering design drawings have
been constructed accordingly, all deficiencies rectified, and are
operational and functioning as intended in accordance with the
Environmental Compliance Approval.
-~----------
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 18 of38
(b) Upon the Town receiving all of the required items as described in (a) above, the Town
shall make an inspection of the Services and Works. When the Town is satisfied that
the Services and Works are substantially complete and in conformance with the
applicable standards and specifications, the Town Director of Operations shall issue a
Certificate of Preliminary Acceptance. The Certificate may contain a list of minor
deficiencies which are to be corrected by the Owner, but which at the Town's sole
discretion are considered not to be of sufficient importance to delay the issuance of the
Certificate of Preliminary Acceptance. If the Town is not satisfied that the Services and
Works are substantially complete, it may furnish the Owner with a list of deficiencies for
the Services!W orks and the Owner shall correct those deficiencies and the Town Director
of Operation shall only issue a Certificate of Preliminary Acceptance upon being satisfied
that those deficiencies have been corrected.
(c) The Owner may request, and the Town Director of Operations at his/her sole discretion
may issue separate Certificates of Preliminary Acceptance for the Underground
Works/Services, and the remaining Above-ground Works/Services.
(d) The Maintenance Period or Stormwater Maintenance Period will commence from the
date the Certificate of Preliminary Acceptance is. issued by the Town Director of
Operations. If the Town Director of Operations, at his/her sole discretion, issues a
separate Certificate of Preliminary Acceptance for the Underground Works/Services,
and the remaining Above-ground Works/Services the Town Director of Operations
may specify separate maintenance periods for the Underground Works/Services and the
remaining Above-ground Works/Services.
(e) The Maintenance Period for the base course asphalt including curb and gutter will
continue until all related deficiencies have been repaired and until the placement of the
final course of asphalt.
(f) It is agreed that the final course of asphalt will not be placed prior to one ( 1) year after the
Certificate of Preliminary Acceptance for the Underground Works/Services has been
issued.
(g) It is further agreed that the final course of asphalt and all sidewalks will be placed when
eighty percent (80%) of the Lots within the subdivision have received occupancy or within
the fifth year after the Certificate of Preliminary Acceptance for the Underground
Works/Services has been issued, whichever occurs first.
18. MAINTENANCE OF WORKS
(a) The Owner shall be responsible for the repair and maintenance of all Works and Services
constructed, installed, or provided by the Owner for a period of two (2) years (except fur
the "Stormwater Maintenance Period" which shall be for a period of five ( 5) years or until
the passing of the Assumption By-law, whichever occurs first, as described in this
Agreement) from the date of issuance of the Certificate of Preliminary Acceptance for the
Works and Services to which the same relates ("Maintenance Period").
(b) It is further agreed that the Owner shall provide a maintenance period of one (1) year for
the final course of asphalt commencing from the date of issuance of the Certificate of
Preliminary Acceptance for such work.
(c) If during the Maintenance Period or Stormwater Maintenance Period the Owner fails to
carry out maintenance work within seventy-two (72) hours after receiving a written request
from the Town, the Town may, without further notice, undertake such maintenance work
and the total cost thereof shall be paid by the Owner forthwith upon demand which cost
shall include all administrative, legal and other expenses incurred by the Town in carrying
out such maintenance work. If the Owner fails to pay for such work within thirty (30) days
of the date of billing, then the money owing may be deducted from the deposited security.
19. MAINTENANCE SECURITY
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 19 of38
(a) During the Maintenance Period the Owner shall provide security in the form of cash or
a letter of credit in the amount equal to ten percent (1 0%) of the total estimated cost of
the Works and Services with an additional ten percent (10%) for the base and surface
course asphalt and curb and gutter Services and Works including all labour and
materials.
(b) Towards the end of the Maintenance Period, the Owner shall make a written request to
the Town for a final inspection to be made. Upon inspection by the Town, or any other
agency, and at its sole discretion, the Town shall determine whether the Services and
Works are acceptable and whether a Certificate of Final Acceptance can be issued. The
Maintenance Period shall be automatically extended without change to this agreement
where the Town Director of Operations believes the Services and/or Works are not
complete and the said Maintenance Period shall continue to be in effect, and the
maintenance security retained, until a Certificate of Final Acceptance is issued.
(c) During the Stormwater Maintenance Period the Owner shall provide security in the
form of cash or a letter of credit in the amount equal to ten percent (10%) of the total
estimated cost of the stormwater management facility ·including all maintenance,
inspections, and record keeping requirements as well as all labour and materials.
(d) Towards the end of the Stormwater Maintenance Period, the Owner shall make a
written request to the Town for a final inspection to be made. Upon inspection by the
Town, or any other agency, and at its sole discretion, the Town shall determine whether
the stormwater management facility is acceptable and whether a Certificate of Final
Acceptance can be issued. The Stormwater Maintenance Period shall be automatically
extended without change to this Agreement where the Town Director of Operations
believes the stormwater management facility is not complete and the said Stormwater
Maintenance Period shall continue to be in effect, and the maintenance security
retained, until a Certificate of Final Acceptance is issued.
20. FINAL ACCEPTANCE OF WORKS
(a) One month before the end of the Maintenance Period or Stormwater Maintenance Period of
the Works identified in the applicable Certificate of Preliminary Acceptance, the Owner
may make a request for a final inspection. The Town will inspect the identified Works and
if any deficiencies are evident in the installation, materials, workmanship, engineering
design, a revised list of deficiencies will be provided to the Owner to make the necessary
corrections and repairs. An extended Maintenance Period or Stormwater Maintenance
Period may be required on corrected and/or repaired Works.
(b) Prior to issuance of any Certificate of Final Acceptance by the Town Director of
Operations, the Owner shall provide to the Town:
1. A Statutory Declaration that all accounts for material, labour and equipment
for the Works have been paid and that there are no claims for liens or otherwise
in counection with such Works in accordance with the Statutory Declaration of
Accounts Paid provision of this Agreement;
ii. Proof of insurance naming the Town, Tillsonburg Hydro Inc. and the County
as additional insured's as provided for in the Insurance provisions of this
Agreement;
111. Proof that all Ministry of Environment and Climate Change, Environmental
Compliance Approvals (ECA) and all other applicable permits associated with
the Owner's proposed Works and Services have been obtained and are in good
standing;
1v. A Certificate from the Electrical Safety Authority certifying the Streetlight
system;
v. Written confmnation from an Ontario Land Surveyor certifying that all survey
monuments and iron bars as shown on the registered plan of subdivision are in
place and located at grade.
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 20 of38
vi. Confirmation from the Town that any emergency repairs that may have been
completed by the Town have been paid for by the Owner;
vn. A certificate from the Consulting Engineer certifying that:
a. All Works have been constructed in conformance with the approved
design drawings and to the applicable standards and specifications and
that any and all deficiencies have been rectified;
b. All Sanitary and Storm manholes and catch basins have been re-flushed
and cleaned at the end of the Maintenance Period of foreign matter along
with a CCTV inspection of the Sanitary and Storm sewer systems with
confirmation that any new deficiencies the CCTV inspection revealed
have been rectified;
c. All stormwater management facilities as required in the stormwater
management report and shown on the engineering design drawings have
been constructed accordingly, all deficiencies rectified, undergone final
cleaning, and are operational and functioning as intended along with the
final inspection and annual monitoring reports/logbooks as outlined
herein and/or in the Environmental Compliance Approval;
d. Any retaining wall structures are structurally sound and were
constructed to the approved design drawings and applicable standards
and specifications and that any deficiencies have been rectified;
viii. Final "as constructed" drawings of the Works on original mylar transparencies
and on CD-R media or USB 2.0 in AutoCAD or DXF format.
IX. Record Forms indicating the swing tie measurements to plant features such as
hydrants, valves, sanitary manholes, storm manholes, catch basins, double catch
basins, etc. in hardcopy of PDF format, using the plant ID numbers from the
design drawings. All measurements are to be metric. ·
(c) Once the Town is satisfied that all deficiencies have been rectified and provided that the
Owner has otherwise complied with this Agreement, the Town Director of Operations
will issue a Certificate of Final Acceptance for the applicable Works, at which time the
associated maintenance security will be released by the Town in accordance with the
terms of this Agreement.
(d) A separate Certificate of Final Acceptance for the base course asphalt including curb
and gutter will be provided following an inspection by the Town and once the Town is
satisfied that all related deficiencies have been rectified one month prior to the placement
ofthe fmal course of asphalt.
(e) The Town/County agrees that upon the issuance of the Certificate of Final
Acceptance of the Underground and Above-ground Works/Services, the
Town/County shall bear the cost of all expenses associated with each of the said
Underground and Above-ground Works/Services.
21. ASSUMPTIONBY-LAW
The Town shall not assume or be deemed to have assumed any of the Works or Services until
all Certificates of Final Acceptance requested by the Owner have been issued by the Town
and the Town has approved and passed an Assumption By-law.
Upon all repairs being completed and provided that the Owner has complied with all other
terms and conditions of this Agreement, the Town Director of Operations shall submit a
written report to Town Council stating that all the Works and Services have been
constructed and installed to the applicable standards and specifications, that all accounts in
connection therewith have been paid, that all fmancial requirements have been met, and
that all the Works and Services are in the required condition to be assumed.
·---
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 21 of38
The Owner covenants and agrees that upon an Assumption By-law being passed the
ownership of the Works and Services assumed pursuant to the by-law shall vest in the
Town/County and the Owner shall have no claims or rights thereto other than those
accruing to it as an owner of land abutting on public highways where the Works and
Services have been installed.
No action of the Town, by way of repair to the Works or Services, maintenance, use of or
connection to the Works or Services, winter maintenance of roadways or sidewalks,
operation of the street lighting system, refuse collection, parkland maintenance, or any
other use or action shall be construed as assumption of the affected Works or Services and
no ownership shall vest with the Town until the Assumption By-law is passed by Council.
22. USE OF WORKS BY TOWN
The Owner agrees that the Works and Services may be used prior to acceptance and
assumption by the Town and/or County, or other authorized persons for the purpose for
which such Works and Services are designed, and such use shall not be deemed an
acceptance or assumption of the Works or Services by the Town and/or County, nor shall
such use in any way relieve the Owner of its/his/her/their obligations in respect of the
Works and Services so used.
23. REPAIRS
If, at any time prior to the issuance of a Certificate of Final Acceptance by the Town any of
the Works or Services fail to function, or do not function properly, or are constructed in
such a manner as to cause damage or pose a threat of damage of any nature or kind
whatsoever, and, in the reasonable opinion of the Town Director of Operations,
rectification or action is required to prevent damage or hardship to persons or property, the
Owner shall upon receiving written notice from the Town, do all acts and things as required
by the Town Director of Operations to rectify the condition and repair any damages caused
to any existing Town infrastructure, easements, or other services contemplated by this
Agreement.
24. EMERGENCY REPAIRS
In the case of an emergency, in the sole opinion of the Town Director of Operations,
employees or agents of the Town may enter onto the Lands at any time or from time to time
for the purpose of making emergency repairs to any of the Services and/or Works without
notice. Such entry and repairing shall not be deemed an acceptance of any of the Services or
Works by the Town, or an assumption by the Town of any liability in connection therewith
or release of the Owner from any of its/his/her/their obligations under this Agreement.
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 five
percent (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 within thirty (30) days from the
issuance of an invoice from the Town, the Town may draw upon the deposited security.
25. FAILURE TO INSTALL OR REMEDY FAULTY WORK
If, in the opinion of the Town Director of Operations the Owner:
1. Is not proceeding or causing to be proceeded the works required in connection
with this Agreement within the agreed upon timeframes, or in order that it may
be completed within the agreed upon tirneframe; or
u. Is improperly performing the works; or
iii. 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 being carried out in bad faith; or
OAKPARK ESTATES PHASE 2012
Town of Tillsonburg Subdivision Agreement
Page 22 of38
tv. Has neglected or refused to renew or again perform such work as may be
rejected by the Town Director of Operations as defective or unsuitable; or
v. Has defaulted performance of the terms and conditions of this agreement,
Then, in any such case, the Town Director of Operations shall promptly notify the Owner,
in writing, of such default or neglect and if such notification be without effect within ten
(1 0) business days after such notice, the Town Director of Operations shall thereupon have
full authority and power to purchase materials and employ workmen and machines for
proper completion of the said Works at the cost and expense of the Owner. The cost of
such work shall be calculated by the Town Director of Operations whose decision shall be
fmal and be paid to the Town by the Owner on demand. Should payment not be received
following the issuance of an invoice from the Town, the Town may draw upon the
deposited security provided by the Owner pursuant to this Agreement.
It is further understood and agreed between the parties hereto that such entry upon the
Lands shall be as an agent for the Owner and shall not be deemed, for any purposes
whatsoever, as an acceptance or assumption of the said Works or Services by the Town.
U. ~ERNVUNTENANCE
(a) Upon the issuance of the Certificate of Prelinrinary Acceptance for the Underground
Works/Services and provided that all manholes, catch basins, and valve boxes are
adjusted to the base course asphalt grade, the Town shall commence roadway winter
maintenance activities.
(b) Upon the issuance of the Certificate of Preliminary Acceptance for the Above-ground
Works/Services and provided that there is a continuous uninterrupted link of sidewalk
panels, the Town shall commence sidewalk winter maintenance activities.
(c) The Owner agrees to keep, at it/his/her/their own expense, the roadways and sidewalks
clear of all construction and building materials so as to enable the Town to perform winter
maintenance activities of the said roadways and sidewalks.
(d) The Owner agrees that any work done by the Town pursuant to this section before the
roads and sidewalks are assumed by the Town shall not be deemed in any way to be an
acceptance or assumption by the Town of the roads or sidewalks upon which such work
is done. The Owner acknowledges that the Town, while performing winter
maintenance activities, may damage or interfere with the works and/or property of the
Owner and may cause damage to such works and/or property. The Owner hereby
waives all claims against the Town that it/he/she/they might have arising therefrom and
covenants that it/he/she/they will make no claim against the Town for such interference
or damage, provided that the winter maintenance activities are carried out without
negligence or willful misconduct by the Town or its employees, agents, contractors, or
any other authorized person the Town is responsible for at law.
27. REFUSE COLLECTION
(a) Upon the issuance of the Certificate of Prelintinary Acceptance for the Underground
Works/Services and after the issuance of the first Occupancy Permit, the County shall
commence waste and recycling collection activities.
(b) The Owner agrees to keep, at itslhislher/their own expense, the roadways clear of all
construction and building materials so as to enable the County to perform refuse collection
along said roadways.
28. DUST AND WEED CONTROL
(a) During the entire construction of the Subdivision and until issuance of the Final
Acceptance Certificate of all the Works, the Owner shall apply approved dust
retardants in sufficient quantities or undertake any other actions approved by the Town
Director of Operations to prevent any dust problem to traffic or nearby properties. All
costs of such works shall be paid by the Owner. If dust is not controlled in accordance
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 23 of38
with the requirements of the Town Director of Operations, the Town may apply such
retardants as are deemed necessary by the Town Director of Operations at his/her sole
discretion.
(b) Until the Subdivision is fully developed and all lots have a completed dwelling unit
constructed, the Owner shall undertake sufficient actions to ensure the effective
control of all types of vegetation on vacant/undeveloped lands within the Subdivision
and on the Owner's abutting lands. All costs of such works shall be paid for by the
Owner. If the vegetation is not controlled in accordance with the requirements of the
Town's by-laws including the Town of Tillsonburg Clean Yard By-law and/or the
Town Director of Operations, the Town may perform vegetation control activities as
deemed necessary by the Town Director of Operations at his/her sole discretion.
(c) If the Owner fails to pay for such dust and vegetation control works completed by the
Town, its employees, agents, contractors, or any other authorized person, within thirty
(30) days of the date of invoicing, the costs shall be deducted from the deposited
securities.
29. DEVELOPMENT CHARGES, TAXES, LOCAL IMPROVEMENTS, AND OTHER
CHARGES
(a) Development Charges
The Owner agrees for himsel£1herself and all successors in title that at the time of
application for a building permit for each lot or building block in the Subdivision, the
Town shall have the right to charge, and the applicant for the building permit shall
pay a development charge to the Town in accordance with the Town's Development
Charges By-laws, as amended, and shall pay development charges to the County in
accordance with the County's Development Charges By-laws, as amended.
(b) Taxes
The Owner agrees to pay all arrears of taxes outstanding against the Lands or at the
time of execution of this Agreement with the Town.
The Owner further undertakes and agrees to pay all taxes levied on the Lands on the
basis and in accordance with assessment roll entries.until such time as the Lands have
been assessed and entered on the collector's roll according to the registered plan of
subdivision, following which the individual owners of all the lots and blocks in the
Plan shall be responsible for paying all taxes levied on the separate lots and blocks in
the Plan.
(c) Local Improvement Charges
The Owner agrees to commute and pay all charges with respect to existing local
improvements assessed against the Lands before or at the time of execution of this
Agreement.
(d) Other Charges
The Owner agrees to pay any other assessed charges owing to the Town including the
appraisal costs relating to the valuation of the subject lands for cash-in-lieu of parkland
purposes, prior to or at the time of execution of this Agreement.
30. REPLACEMENT OF SURVEY BARS
The Owner shall provide to the Town a certificate and/or statement from an Ontario Land
Surveyor upon completion of the Underground Works/Services certifYing that all survey
monuments and iron bars as shown on the registered plan of subdivision are in place and are
located at grade.
31. LANDS FOR MUNICIPAL PURPOSE
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 24 of38
(a) The Owner, at it/his/her/their sole cost and expense including all registration costs
and applicable taxes if any, covenants and agrees to grant to the Town easements or
other lands as set out in Schedule "G" attached hereto which are required for the
installation and maintenance of municipal Services/Works or drainage purposes free
and clear all encumbrances.
(b) The Owner, at it/his/her/their sole cost and expense, including all registration costs
and applicable taxes if any, covenant and agrees to convey and transfer Lands which
are for public purpose or municipal Services/Works to the Town and/or County free
and clear of all encumbrances for all required Right-of-Ways, Park Lands, Storm
Water Management Lands, 0.3 metre reserves, or other Lands as set out in Schedule
"G" attached hereto prior to the issuance of a Certificate of Final Acceptance by the
Town of any Works or Services.
(c) The Owner and Town agree that the deeds for Lands to be conveyed to the Town
pursuant to this Agreement shall be delivered to the Town Clerk within thirty (30)
business days time of execution of this Agreement and are subject to approval of the
Town Solicitor, and will be registered in the appropriate Land Titles Office or Land
Registry Office, the costs of which shall be paid by the Owner.
(d) The Owner covenants and agrees that Lands conveyed to the Town for municipal
purposes will not be used for disposal of debris obtained from the development of the
Lands herein developed, and the Owner further covenants and agrees to restrain all
others from depositing junk, debris, and refuse on the land(s) conveyed to the Town
and to remove any such junk, debris or refuse so deposited immediately when so
directed by the Town at its/his/her/their sole cost and expense.
(e) The parties hereto agree that, in the event that required Easements, Right-of-Ways,
Park Lands, Storm Water Management Lands, or other lands as required pursuant to
this Agreement have not been properly conveyed, the Town, in addition to any other
remedies available to it, may expropriate such Easements, Right-of-Ways, Park
Lands, Storm Water Management Lands, or other Lands, and the costs of such
expropriation shall be at the expense of the Owner.
(f) The Owner agrees to grant, at its/his/her/their expense, such further Easements or
other lands as may be required to provide or adequately protect any of the
Services/Works required in the Subdivision that the Town Director of Operations
may establish as necessary during construction and prior to Assumption.
32. CASH-IN-LIEU OF PARKLAND CONTRIBUTION
(a) The Owner acknowledges and agrees that Cash-in-Lieu of the dedication of parkland
will be paid to the Town at the time of execution of this Agreement as outlined in
Schedule "E" attached hereto as determined in the sole opinion of the Town.
33. LONG POINT REGION CONSERVATION AUTHORITY REQUIREMENTS
(a) The Owner agrees that a silt fence or other barrier suitable to the Town and/or
Conservation Authority shall be erected along any setback line established by the Long
Point Conservation Authority or the Environmental Impact Study, completed by Jeff
Thompson Environmental Planning & Design Limited prior to the commencement of
grading or construction and shall remain until all grading and construction and re-
sodding have been completed.
(b) The Owner agrees that no construction or soil disturbance shall take place below any
setback line established by the Long Point Conservation Authority without a
geotechnical study prepared by the Owner for review and approval of the Long Point
Conservation Authority.
34. FIRE DEPARTMENT REQUIREMENTS
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page25 of38
(a) The Owner and Town agree that Building Permits will be restricted to provide a fire
break every six ( 6) Lots until external finishing, cladding, roofing and windows on
each unit abutting each side Lot line has been completed, unless otherwise approved by
the Town Fire Chief.
(b) The Owner further agrees that street signs shall be erected that are painted and clearly
legible as approved by the Town, fastened to a post at least 2.1 metres above ground
level at all street intersections and maintained until permanent signs are erected.
35. GAS UTILITY REQUIREMENTS
(a) The Owner shall grade all boulevards to fmal pre-topsoil subgrade prior to the
installation of the gas lines, and provide the necessary field survey information required
for the installation of the gas lines, all to the satisfaction of the applicable gas utility.
36. TELECOMUNICATION REQUIREMENTS
(a) Prior to the issuance of Building Permits the Owner agrees that the telecommunication
service providers (Bell, Rogers, etc.) shall confirm to the Town, that satisfactory
arrangements, financial, and otherwise, have been made for any of the respective
telecommunication facilities servicing the Lands which are required to be installed
underground.
(b) The Owner agrees to grant any easements that may be required for telecommunication
services.
(c) The Owner further agrees that if there is are any conflicts with existing
telecommunication facilities or easements, the Owner shall be responsible for re-
arrangements or relocation.
37. CANADA POST REQUIREMENTS
(a) The Owner shall be responsible for the supply and installation of Community Mail
Boxes (CBM) and associated concrete pads within the Plan of Subdivision to the
satisfaction of the Town and Canada Post in accordance with the Town and/or
Canada Post standards and specifications.
(b) The Owner further agrees to determine the location of all CBM' s in cooperation with
Canada Post and the Town and to indicate the location of all CBM's on the
engineering design drawings, and maps or information boards in the sales office.
(c) The Owner covenants and agrees to provide the Town with evidence of satisfactory
arrangements, fmancial and otherwise, that have been made with Canada Post for the
installation of CMBs as required by Canada Post and as shown on the approved Plan.
(d) The Owner further covenants and agrees to provide notice to prospective purchasers
of the locations of CMBs and that mail delivery will be provided via CMBs.
38. LOT GRADING
-(a) The Owner agrees with the Town that all Lots will be graded in accordance with the
Overall Grading and Drainage Plan included in Schedule "C" of this Agreement and
that after the placement of sod on any of the Lands the Owner will arrange for an
inspection of and receive the approval of the Lot grading by the Consulting Engineer.
(b) The Owner agrees to place in the deed, transfer or conveyance for every Lot a
restrictive covenant in favour of the remaining Lands affected by this Agreement that
the purchaser or transferee are to provide and maintain the grading and drainage and
will not alter the grading and drainage on the land in any way that will adversely
affect the drainage pattern established by the Overall Grading and Drainage Plan as
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page26 of38
amended and approved by the Town. The restrictive covenant shall run with the land
and shall state that the owner will not do, or cause to be done, any activity that alters
the drainage on the land including, but not lirnited to, constructing a building or
structure without the approval of the Town, placing fill, planting trees, or
landscaping. Any changes will only be reviewed by the Town if accompanied with
the Consulting Engineer's drawing stamped and signed.
(c) The Owner and Town agree that no Building Permit will be issued for any Lot unless
a Preliminary Lot Grading Certificate has been submitted in conjunction with the
corresponding Building Permit application. Preliminary Lot Grading Certificates
shall be prepared in accordance with Town standards.
Such Preliminary Lot Grading Certificates shall have been approved, signed and sealed
by the Consulting Engineer, and shall contain a statement from the Consulting Engineer
certifying that the said Preliminary Lot Grading Certificate is in conformity with the
Overall Grading and Drainage Plan included in Schedule "C" of this Agreement, and
that the location of the proposed dwelling and/or detached accessory buildings and/or
structures as shown on the Preliminary Lot Grading Certificate accurately reflects the
proposed buildings as shown on the plans and drawings for which a Building Permit
has been applied.
(d) The Owner agrees that the services of the Consulting Engineer will be retained for the
purposes of preparing and submitting the Final Lot Grading Certificate for each Lot
after the completion of the dwelling and final grading for Town approval. Each Final
Lot Grading Certificate shall contain a statement for the Consulting Engineer certifying
that the grading on the subject Lot has been completed in accordance with the Overall
Grading and Drainage Plan and that the dwelling and/or detached accessory buildings
and/or structures have been constructed at the location(s) shown on the plans and
drawings.
The Owner further agrees that the Consulting Engineer shall provide Service Record
Forms indicating the swing tie measurements from the main building to the water,
sanitary, and storm service laterals for the Lot. All measurements are to be metric.
The municipal address and street name are to be used to reference the ties.
39. BUILDING PERMIT REQUIREMENTS
The approval of the Plan of Subdivision by the Town or the acceptance by the Town and/or
County of the Services/Works shall not be deemed to give any assurance that municipal
building permits, when applied for, will be issued in respect to the Lots or building blocks
in the Plan.
Building Permit applications will be considered subject to the following conditions for the
Lots or building blocks identified in Schedule "B":
(a) A Certificate of Preliminary Acceptance for the Underground Works/Services has
been issued by the Town Director of Operations;
(b) The Preliminary Lot Grading Certificate from the Consulting Engineer has been
approved by Town Engineering Services;
(c) The applicable development charges for the lot or building block to which a permit is
being applied for has been paid in accordance with the requirements of both the
Town and County;
(d) The Plan of Subdivision described in Schedule "B" and this Agreement has been
registered on title against the Lands;
(e) An Ontario Land Surveyor has provided the Town with a building location survey
confirming the proposed building location is in conformance with the all provisions of
the Town's Zoning By-law.
(f) All fees, taxes, and levies have been paid and all other provisions and requirements of
this Agreement have been met;
(g) Proof has been forwarded to the Town to confirm that the required easements and
corresponding agreements have been registered on title for Lots 87 to 95.
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 27 of38
Building Permit applications will not be considered for subsequent phases or stages prior to
the approval of the respective phase or stage in accordance with the provisions of this
Agreement regarding Subdivision Phasing.
40. OCCUPANCY PERMIT REQUIREMENTS
Occupancy Permits will be considered subject to the following conditions for dwelling
units completed on the Lots or building blocks identified in Schedule "B":
i. Preliminary Acceptance Certificate of the Underground Works/Services has been
issued by the Town Director of Operations;
ii. Written confirmation from the local hydro distribution company certifying that
the Electrical Plant has been inspected and energized;
iii. A Certificate from the Electrical Safety Authority certifying the Streetlight
system;
IV. An occupancy inspection in accordance with the Ontario Building Code of the
dwelling unit has been completed by the Town's Chief Building Official.
41. SIGNS RESPECTING MAINTENANCE OF LANDS AND ASSUMPTION OF
ROADS BY THE TOWN
Signs at least 1.2 metres by 2.4 metres shall be provided, erected, and maintained by the
Owner at each entrance to the Subdivision and the signs shall read as follows:
ROADS NOT ASSUMED BY THE TOWN OF TILLSONBURG
USE AT YOUR OWN RISK
ALL UNDEVELOPED LANDS WITHIN THIS SUBDIVISION ARE
PRIVATE PROPERTY. ANY QUESTIONS OR CONCERNS REGARDING
THE UNDEVELOPED LANDS ARE TO BE
DIRECTED TO:
LANDMARK HOMES INC.
130 GUELPH AVENUE
CAMBRIDGE, ON, N3C JA4
The lettering shall be upper case, 15 em high, properly spaced and black in colour on a white
background sign.
These signs shall be installed prior to the commencement of construction of the
Services!W orks and, subject to the provisions of this Agreement regarding the Assumption
By-law, shall be removed after the Town has approved and passed the Assumption By-law.
42. STATUTORY DECLARATION OF ACCOUNTS PAID
The Owner agrees that upon applying for a partial or full release of securities, Certificate of
Preliminary Acceptance, or a Certificate of Final Acceptance it/he/she/they shall supply the
Town and County with a Statutory Declaration that all accounts for work and materials for
the Works and Services have been paid and that there are no claims for liens or otherwise
in connection with such work done or materials supplied for or on behalf of the Owner for
the Subdivision.
43. SEVERABILITY
In the event that a Court determines that any provision of this Agreement, including any
provisions set out in the Schedules attached to this Agreement is void or unenforceable:
(a)
(b)
such provision shall be deemed severed from the Agreement and the balance of the
Agreement and its Schedules shall continue in full force and effect; and
the parties shall provide and perform such further assurances as are necessary to
ensure the implementation of those provisions deemed severed.
44. INDEMNIFICATION
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 28 of38
Until the passing of the Assumption By-law, the Owner on behalf of
itseWhimsel£'herseWthemselves, its/his/her/their heirs, executors, administrators and
assigns, including its/his/her/their successors in title, hereby covenants and agrees to
indemnify and save harmless the Town and the County of and from all actions, cause of
actions, suits, claims, demands, damages, losses, costs, charges and expenses of every
nature and kind whatsoever by whomsoever make brought or prosecuted, including legal
fees, which the Town and/or County may incur or have to pay, which may arise either
directly or indirectly by reason of any activity, actions, performance, negligence or non-
performance of the Owner, its employees, servants, agents, contractors, subcontractors,
architect, landscape architect, engineer, surveyor, planner, consultant, project manager or
any other person the Owner is responsible for at law during the development of the Lands;
in executing the work under this Agreement; by reason of installation of any
Services/Works required under this Agreement; by the failure of the Owner to complete the
installation of the Services/Works required under this Agreement; because of or on account
of the ownership, construction, use existence, or maintenance of the property described in
the Agreement; by the exercise of the Owner's powers under this Agreement; the
construction, maintenance or the improper or inadequate construction, installation and/or
maintenance of the Services/Works; any act or omission of said parties while undertaking
the Plan; or by reason of the neglect of the Owner or its employees, servants, agents,
contractors, subcontractors or others for whom the Owner is responsible at law.
Without limiting the generality of the foregoing, the Owner agrees to indemnify and save
harmless the Town for any issues related to the alteration of any grade or existing level
construction, the maintenance or repair of any street within the Subdivision, or by reason of
the failure, neglect or omission of the Owner to do anything agreed to be done pursuant to
this Agreement or by reason of any act or omission of the Owner, including failure of the
Owner to comply with the Construction Lien Act.
The Owner further covenants to indemnify and save harmless the Town and the County
against all actions, cause of actions, suits, claims, demands, damages, losses, costs, charges
and expenses whatsoever instituted after the passing of the Assumption By-law resulting
from causes of action arising before the passing of the Assumption By-law.
45. INSURANCE
Prior to the registration of the Plan of Subdivision and the execution of this Agreement, the
Owner shall purchase and maintain insurance against all damages or claims for damage
with a financially sound and reputable insurance company satisfactory to the Town and the
·County and continue to maintain such insurance 'until an Assumption By-law has been
passed by the Town. The Owner shall provide a Certificate of Insurance to the Town's
Director of Finance evidencing the insurance coverage required by the Owner and hereafter
annually on the insurance renewal date.
The issuance of such insurance policy or policies shall not be construed as relieving the
Owner from responsibility for any other or larger claims in excess of such policy or
policies, if any, for which the Owner may be held responsible. Such insurance policy or
policies shall be in a form acceptable to the Town's insurer and, without limiting the
generality of the foregoing, shall provide:
(a) Comprehensive General Liability insurance applying to all operations of the Owner
subject to the limits of not less than five million dollars ($5,000,000) for any single
occurrence which shall include coverage for personal injury, including death, broad
form property damage, products and completed operations liability, owner's and
contractor's liability, blanket contractual liability, contingent employer's liability,
employers liability, non-owned automobile liability including SEF 94 and SEF 96
and shall include cross liability and severability of interest clauses and hostile fire;
(b) Where the description of project, supply, or work involves the use of explosives for
··----··
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 29 of38
blasting or vibration from pile driving or caisson work; the removal or weakening of
support of such property, building or land, whether such support be natural or
otherwise, Explosion, Collapse or Underground (XCU) coverage's must be added by
endorsement;
(c) The Town, Tillsonburg Hydro Inc. and the County shall be added as additional
insured's to the above policies which shall be in full force and effect until an
Assumption By-law has been passed;
(d) Automobile Liability insurance covering third party property damage and bodily
injury, including accident benefits as may be required by Applicable Laws arising out
of any licensed vehicle operated by the Owner's contractor's or consultants in
connection with this agreement with an inclusive limit of liability of two million
dollars ($2,000,000);
(e) Should the work involve any professional services for the design, construction, and
maintenance periods the Owner shall ensure any person providing professional
services in connection with the Lands, including its professional consultants,
architects, planners and Registered Professional Engineers, provide and maintain
Professional Liability insurance in the amount not less than five million dollars
($5,000,000) providing coverage for acts, errors and omissions arising from their
professional services performed under this Agreement. The policy SIR/deductible
shall not exceed $100,000 per claim and if the policy has an aggregate limit, the
amount of the aggregate shall be double the required per claim limit. The policy shall
be underwritten by an insurer licensed to conduct business in the Province of Ontario
and acceptable to the Town and County. The Town and/or County reserves the right
to request the Owner to provide the Town and/or County with evidence of such
insurance coverage which shall be in full force and effect until an Assumption By-
law has been passed by the Town. If the policy is to be cancelled or non-renewed for
any reason, 90 day notice of said cancellation or non-renewal must be provided to the
Town and County. The Town and/or County reserves the right to request that an
Extended Reporting Endorsement be purchased by the Owner at the Owner's sole
expense.
(f) At the discretion of the Town and/or County the Owner may be required to purchase
an Environmental Policy to cover injury to or physical damage to tangible property
including loss of use of tangible property, or the prevention, control, repair, cleanup
or restoration of environmental impairment of lands, the atmosphere or any water
course or body of water on a sudden and accidental basis and on a gradual release.
The policy shall include bodily injury, including sickness, disease, shock, mental
anguish, and mental injury. The policy is to be renewed for three (3) years after the
Assumption By-law has been passed by the Town and a Certificate of Insurance
evidencing renewal shall be filed with the Town and County. If the policy is to be
cancelled or non-renewed for any reason, 90 day notice of said cancellation or non-
renewal must be provided to the Town and County. The Town and/or County has the
right to request that an Extended Reporting Endorsement be purchased by the Owner
at the Owner's sole expense.
(g) That the insurance premium for the insurance required herein has been prepaid for a
period of not less than one (1) year;
(h) That the insurance policy will provide that it is not cancellable unless prior notice by
registered mail has been received by the Town and the County from the insurer not
less than thirty (30) days prior to the cancellation date;
(i) All parties agree to immediately notify the other parties of any occurrence, incident,
or event which may reasonably be expected to expose any of the parties to liability of
any kind in relation to the development of this Subdivision.
46. IMPLEMENATION SCHEDULE
OAKPARK ESTATES PHASE 2012
Town of Tillsonburg Subdivision Agreement
Page 30 of38
The Owner hereby undertakes to complete the work herein in accordance with the
timeframes set out in Schedule "F" attached hereto. A variance to the timeframes will only
be allowed if approved in writing by the Town. Failure to comply may result in the Owner
being in default of this Agreement and the Town may remedy this pursuant to the
provisions provided in this Agreement.
47. NOTIFICATIONS AND CHANGE OF OWNERSHIP
Any notice required to be given to the Owner, the Town, or the County under this
Agreement shall be in writing and shall be sufficiently given if delivered or mailed postage
prepaid to the addresses below. Such notice shall be deemed to have been received on the
date of its delivery or in the case of mailing, three (3) business days after it was delivered to
the post office. ,
Town's Address Owner's Address
Town Clerk Landmark Homes Inc.
The Corporation Town ofTillsonburg 130 Guelph Avenue
200 Broadway St. Unit 204 Cambridge, ON, N3C 1A4
Tillsonburg, Ontario
N4G5A7
Countv's Address
County Clerk
County of Oxford
21 Reeve St.
Woodstock, Ontario
N4S 7Y3
Should the Owner sell all or portion of this Subdivision, all terms and conditions agreed to
in this Agreement are to be transferred to the new owner(s). The Town and County will
require the new owner(s) to accept, in writing, the terms and conditions outlined in this
Agreement. If the acceptance of the terms and conditions of this Agreement from the new
owner(s) is not received by the date of sale or transfer, the terms and conditions agreed to
in this Agreement shall remain the responsibility of the previous Owner.
48. REGISTRATION OF AGREEMENT
The Owner and Town herby agree that this Agreement and the Schedules hereto shall be
registered upon the title of the Lands and such registration shall be at the expense of the
Owner. The Owner acknowledges that the Town, in addition to any other remedy it may
have at law, shall also be entitled to enforce this Agreement in accordance with s.442 of the
Municipal Act, 2001, S.O. 2001, c.25, as amended.
In the event the Owner has not proceeded with work required by this Agreement within one
( 1) year from the date of this Agreement, or is found to be in breach of the terms of this
agreement, the Town at its sole discretion may declare this Agreement to be null and void
and the Owner shall be required to apply for a new agreement prior to proceeding with any
work on the subject lands.
49. PAYMENT OF COST AND SERVICES
The Owner agrees to pay all reasonable costs incurred by the Town and the County in
connection with the development of this Subdivision which, without limiting the generality
of the foregoing, shall include all expenses of the Town and County heretofore and
hereinafter incurred for legal, engineering, surveying, planning and inspection services,
extra meetings, if any, and employees' extra time, if any, and shall pay such costs within
thirty (30) days upon invoicing. All amounts owing to the Town or the County by the
Owner pursuant to this Agreement shall, after the expiry of the aforesaid thirty (30) day
period, bear interest at the prime rate charge by the Town's bank plus one and a quarter
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 31 of38
percent (1 Y. %), from the due date until paid. The Owner acknowledges that failure to pay
the aforesaid costs within thirty (30) days shall constitute a default of the Owner's
obligation pursuant to this Agreement and shall entitle the Town to, if it so chooses at its
sole option, draw upon the security for any amounts outstanding beyond the thirty (30) day
period.
50. ARBITRATION OF DISPUTES
It is contemplated that there is room for differences between the Owner and the Town
and/or the County in respect to the quality of workmanship involved in the work to be done
and that issues may occur which increase the Town and/or the County's costs and expenses
which are not properly the responsibility of the Owner in the construction, meaning or
effect of this Agreement or related agreements made between the parties. These and all
other differences between the parties arising out of this contract shall be referred to a single
arbitrator, if the parties agree upon one, otherwise to three arbitrators, one to be appointed
by each party to the reference and a third arbitrator to be appointed by the first named
arbitrator in writing before they enter upon the business of the reference; and if either party
shall refuse or neglect to appoint an arbitrator within five (5) days after the other party shall
have appointed an arbitrator and shall have served a written notice upon the first mentioned
party requiring such party to make such appointment, then the arbitrator first appointed
shall, at the request of the party appointing him proceed to hear and determine the matters
in difference as if he were a single arbitrator appointed by both parties for the purpose, and
the award or determination which shall be made by the said arbitrators or the majority of
them or by said arbitrator, shall be final and binding upon the parties hereto, their
successors and assigns.
51. ENCUMBRANCER'S CONSENT
The Owner covenants that within ten (10) business days of the execution of this Agreement
it shall either cause every person having an encumbrance or charge affecting the Lands to
join in the execution of this Agreement, or to execute a Postponement Agreement
postponing such interest in favour of the Town's and County's interest pursuant to this
Agreement and to provide duplicate registered copies of such postponement agreements to
the Town Solicitor and Town Clerk and County Clerk.
52. REVISIONS TO TillS AGREEMENT
Upon written notification to all parties, the Town, the County, or the Owner have the right
to request revisions to this Agreement provided that the Agreement has been in effect for a
minimum of five (5) years.
53. SUBSEQUENT PARTIES AND GENDER
This Agreement shall enure to the benefit of and be binding upon the parties hereto and
their respective heirs, executors, administrators, successors and permitted assigns, and all
covenants and agreements herein contained, assumed by, or imposed upon the Owner are
deemed to be covenants which run with and bind the Lands herein described and every part
thereof and, if there are more owners than one, all covenants herein contained shall be
construed to be several as well as joint, and wherever the singular or masculine is used, it
shall be construed as if the plural or the feminine or .the neuter, as the case may be, had
been used where the context of the Party or the Parties hereto so require, and the rest of the
sentence shall be construed as if the grammatical· and terminological changes thereby
rendered necessary had been made.
54. INTERPRETATION
All captions, titles, and paragraph headings in this Agreement are inserted for convenience
and ease of reference only and do not define, limit or enlarge the scope, meaning or intent
of any provisions of this Agreement.
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 32 of38
55. PRIOR AGREEMENTS
The parties hereto agree that this Agreement is intended to replace the existing subdivision
agreement executed on September 30, 1994 and the parties hereto agree to deregister the
existing subdivision agreement once this Agreement has been registered on title.
56. AUTHORITIES
Nothing in this Agreement constitutes a waiver of the obligation of the Owner to comply
with the Zoning By-law of the Town, Ontario Building Code or any other By-laws of the
Town or County, or any restrictions or regulations lawfully imposed by any other
authorities having jurisdiction in connection therewith.
57. FURTHER ASSURANCES
The Owner agrees that it shall and will, on the request of the Town, make, do, execute or
cause to be made, done or executed all such further and other deeds, acts, things and
assurances to ensure the full implementation of this Agreement and to satisfy the intention
of the parties as set out in this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement
SIGNED, SEALED AND DELIVERED this 1 11 dayof 41-
)OWNER
) ~ ~-LJ
) Landmark Homes Inc. f\~1'1'<1£ fll-, S:'(EJ)
) I have authority to bind the Corporation
)
, 2015 A.D.
) THE CORPOitATION OF THE TOWN OF TILLSONBURG
)
)
) )c-...,2,t.u; a 0 ·(f)_ " M pW CLERK: Donilll m ~41?' ~ -.u'f'utf C/el" k_
)
) THE COUXP'¥ OF OXFORD
)
)
)CAO: l_ ff)JL
) DIRECTOR OF COMMUNITY AND STRATEGIC PLANNING:
Gordon K. Hough, MCIP, RPP
SCHEDULE "A"
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 33 of38
Description of Subject Lands
All and singular certain parcels or tracts ofland and premises, situate, lying and being in the Town
of Tillsonburg, County of Oxford, Province of Ontario, being Lots 59-67, 87-95 of Registered
Plan 41M-143.
Land Titles PINS:
00025-0250
00025-0251
00025-0252
00025-0253
00025-0254
00025-0255
00025-0256
00025-0257
00025-0258
00025-0278
00025-0279
00025-0280
00025-0281
00025-0282
00025-0283
00025-0284
00025-0285
00025-0286
SCHEDULE "B"
Plan of Subdivision
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 34 of38
The Plan of Subdivision was prepared by Bruce S. Baker, dated July 26th 1993 and registered on
November 16th, 1994, as 41M-143.
This agreement is applicable to Lots 59-67 & 87-95 of Registered Plan 41M-143.
w!! ~r ~Po "Ji J~ "'ll
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SCHEDULE "C"
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 35 of38
Engineering Design Drawings
The following schedule of plans shall be submitted to the Town in paper and electronic copy
prior to the execution of this Agreement for approval and it shall be the responsibility of the
Owner to ensure complete compliance of all matters related to their implementation:
Drawing Description Revision Date No. No.
1 Master Plan of Services 16 12 Sept2007
2 Water Distribution Plan 11 12 Sept2007
4 Sanitary Sewer Area Plan 12 12 Sept2007
5 Sanitary Sewer Design Sheet 8 12 Sept2007
7 Storm Sewer Area Plan 12 12 Sept 2007
6 Storm Sewer Design Sheet 9 12 Sept2007
15 William Street-from Beech Blvd to 320m south of 10 12 Sept 2007
Beech Blvd.
15-A Plan & Profile-Rear Lot CB (Lot 87-88) 3 12 Sept2007
16 William Street-from 70m north of Sycamore Drive to 8 12 Sept2007
85m south of Sycamore Drive.
South Storm Sewer Outlet-from William Street to 85m
east of William Street.
17 Sycamore Drive -from William Street to Beech Blvd. 5 12 Sept2007
200 Grading Plan 4 10 July 2012
500 Erosion Control Plan 3 12 Sept 2007 i
501 Miscellaneous Details 3 12 Sept2007 '
502 Miscellaneous Details ------3 12 Sept2007
SCHEDULE "D"
OAKPARK ESTATES PHASE2012
Town ofTillsonburg Subdivision Agreement
Page 36 of38
Summary of Estimated Servicing Costs
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SCHEDULE "E"
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 37 of38
Summary of All Cash Charges
The following monies are to be deposited with the Town prior to or at the time of execution of
this Agreement.
1. Performance Security $ $139,882.35
The amount shown above as determined by Schedule "D" hereto is the total performance
security required to cover the faithful performance of the construction and installation of
the Works and Services and the payment and provision of all obligations arising out of this
Agreement.
2. Cash Charges Provided $ $82,467.54
The amount shown above is the amount of previously submitted security that the Owner
agrees to allow the Town to transfer to this Agreement to cover the faithful performance of
the construction and installation of the Works and Services and the payment and provision
of all obligations arising out of this Agreement, as well for other Works and Services
identified by Schedule "D" hereto.
3. Other Charges $ 0
a) Pursuant to this Agreement, the amount shown above is to cover the initial legal,
administrative, and engineering services incurred by the Town and is non-refundable.
b) Development Charges or other applicable charges shall be paid by the applicant at the
time of application for Building Permit in accordance with the provisions of this
Agreement.
c) Demolition Permits and Building Permits shall be paid by the applicant at the time of
application.
Sub-Total Cash Charges
Less Cash Charges Provided
TOTAL CASH CHARGES
(Due at time of Agreement Execution)
$ 139,882.35
$82,467.54
$57,414.81
OAKPARK ESTATES PHASE 2012
Town ofTillsonburg Subdivision Agreement
Page 38 of38
SCHEDULE "F"
Implementation Schedule
Completion Date
Month/Year
1. Underground Services -Sanitary & Storm Sewers, Water main Complete
2. Storm Water Management Pond Complete
3. Road Construction-including Curbs, Granular A&B, Base Lift Asphalt Complete
4. Utility Servicing-Hydro, Gas, Telephone, Cable TV Complete
5. Sidewalks (2007 Phase) Nov. 2015
6. Sidewalks (2012 Phase) Aug. 2017
7. Street Lighting Complete
8. Driveway/Boulevard Restoration-including topsoil and sod (2007 Phase) May 2016
9. Driveway/Boulevard Restoration-including topsoil and sod (2012 Phase) Sept. 2017
10. Top Lift Asphalt (2007 Phase) June 2016
11. TopLifeAsphalt(2012Phase) June2018
--------------