4167 Schedule A - Front-End Agreement - Performance Communities IncFRONT -ENDING AGREEMENT
THIS AGREEMENT made this 124) day of January, 2018
BETWEEN
PERFORMANCE COMMUNITIES REALTY INC.
the "Owner")
and-
THE CORPORATION OF THE TOWN OF TILLSON13URG
the "Town")
WHEREAS the Owner are the registered owner of the lands identified in
Schedule "A" attached to this Agreement;
AND WHEREAS the Services described in this Agreement are required to
enable the Benefitting Lands as defined herein to be developed;
AND WHEREAS the Owner propose to develop their respective lands,
AND WHEREAS the Town has enacted a development charge by-law under
the Development Charges Act, 1997;
AND WHEREAS under the Development Charges Act, 1997, the Town and
the Owners are empowered to enter into this Agreement providing for the
payment by the Owners of front-end payment.
NOW THEREFORE in consideration of mutual covenants herein contained, the
sum of two dollars ($2.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto
covenant and agree as follows:
1. DEFINITIONS:
In this Agreement,
Act" means the Development Charges Act, 1997, S.O. 1997, as
amended, re-enacted or consolidated from time to time, and any
successor statute.
Agreement" means this agreement.
Benefitting Lands" means all of the lands that are legally described in
Schedule "B" attached to this Agreement.
Benefitting Owner" means owners within the Benefitting Lands; and
where there is more than one such owner or person, the word means all
such owners or persons.
By-Law"means Development Charge By-law No. 3827 enacted by
the Town under the Act or such By-law as amended or replaced from
time to time.
Contractor(s)" means any and all contractors hired by the Town to construct
the Services and includes engineers, construction companies and surveyors.
Front -End Payment" means, for the Services installed, the net capital
cost of the Services and includes all engineering fees, contingency
allowances, applicable taxes, land, legal and survey costs as
determined by the Town.
Town" means The Corporation of the Town of Tillsonburg.
Objection" means an objection to this Agreement pursuant to section
47 of the Act and as referred to in section 8 of this Agreement.
Owner" means Performance Communities Realty Inc.
Party" means party to this Agreement.
Plans" means the plan(s) for the Services that have been approved by the
Town.
Services" means the services required to enable the Lands to be
developed, in accordance with this Agreement and as described in
Schedule "C" and "D" hereto, and "Services" means any one of such
services.
Town Solicitor" means the Solicitor for the Town.
Specifications" means the design guidelines, standards and specifications
established by the Town for the installation of Services.
Term" has the meaning described to it in section ii of this Agreement
Treasurer" means the Treasurer of the Town.
2. ACKNOWLEDGMENTS: BASIS OF THE AGREEMENT
i) The Parties acknowledge that all Services identified in
Schedules T" and "D" attached to this Agreement are
required to enable the Benefitting Lands to be developed.
2) The Parties further acknowledge that the required Front -
End Payments shall include a payment required to be made
by the Owner to the Town in regard to the capital cost of the
Services and shall include engineering fees, contingency
allowance, applicable taxes, land, legal and survey costs, all
as determined by The Town.
3. APORTIONING COSTS:
i) The Parties agree that the proportion of the cost of the
Services that will be borne by each Parry to this
Agreement and the Benefitting Owners is as set out in
Schedule T" attached hereto and as further described
in Schedule "D" attached hereto.
4. INSTALLATION OF SERVICES:
1) The Parties agree that the Owner will install the
Services at its cost.
2) The Owner represents that the Services will be
installed in accordance with the plans and
specifications as approved.
3) The Parties agree that the final cost of the Services shall
include the cost of installing the services, utility relocations,
surveying, soil testing, drafting, preparing specifications,
checking plans and specifications, supervising and
inspecting construction, material testing, engineering fees,
and applicable taxes and all other expenses incurred in
relation to the Services as approved by the Town.
5. REIMBURSEMENT TO THE OWNER:
The Town shall reimburse the Owner the pro -rata share of the costs
of the Services not apportioned to the Owner, that is, the pro rata
costs apportioned to the Benefitting Owners, such amount being the
Front-end Payment.
6. RECOVERY OF T HE FRONT-END PAYMENT:
1) The Plan attached hereto as Schedule "E" shows the
location of the Benefitting Lands.
2) Upon a request by any of the Benefitting Owners to hook
into the Services described in Schedules "C" and "D" of this
Agreement or as a condition of approval by the Town of any
development or the issuance of any building permit, the
Town shall require such B e n e fit ti ng Owner to pay the
Benefitting Owner's portion of the Front -End Payment for
the Services as set out in Schedules "C" and "D" attached
hereto.
3) The amount of the payments required to be made by the
Benefitting Owners as set out in Schedules "C" and "D"
attached hereto shall be increased to include interest from
the date of signing the Agreement to the date of the hook
up to the Services by the Owner(s). Such interest shall be
calculated and compounded annually at the rate of six (6%)
per cent per annum.
7. OBJECTIONS:
Upon the execution of the Agreement by The Town, the Clerk of
the Town shall give notice of this Agreement to the persons and in
the manner prescribed by Section 46 of the Act.
8. PREPAYMENT OF SERVICING COSTS:
A Benefitting Owners may prepay their portion of the cost of
servicing as set out in Schedule "C" attached to this Agreement.
9. TERM:
This Agreement shall commence on:
1) if no Objection is filed, the date this Agreement is fully executed;
and
2) if an Objection is filed, the date this Agreement is confirmed by
the Ontario Municipal Board or, if changes are directed by the
Ontario Municipal Board, when the parties have executed the
amendment to the Agreement giving effect to such changes.
3) This Agreement shall expire on the final payment of all
Benefitting Owners in accordance with Schedules "C" and
D" of this Agreement.
4) The Parties hereto agree that this Agreement shall continue
in full force and effect despite any expiry or repeal of the By-
law or expiry or repeal of the Act or the enactment of any
replacement or amending By-law.
10. SUCCESSORS AND ASSIGNS:
1) This Agreement shall bind and benefit the Parties
and their respective successors and assigns.
2) Once the term of this Agreement has been finalized, the
Parties agree that this Agreement shall be registered against
the lands described in Schedules "A" a n d " B " .
11. DEVELOPMENT OF THE OWNERS' LANDS:
The Owner agrees that, despite the provisions of this Agreement, the
Owners' Lands shall not be developed or built upon until:
i) the Owner has obtained all required approvals from the
appropriate authorities for such development;
2) the Owner has satisfied the Town's requirements, financial
and otherwise, for designing and constructing any
additional services which are required to service the
Lands, and for the payment of all applicable development
charge levies;
3) the Owner has entered into any additional agreements
that may be required by the Town for the development of
the Lands; and
4) the Owner has delivered all documents, made all payments (or
delivered all Financial Securities) and satisfied all conditions of
this Agreement.
12. DEVELOPMENT ON OTHER LANDS WITHIN BENEFITTING
LANDS:
The Town acknowledges sections 52 and 53 of the Act and agrees
that it will not issue a permit for any development on the lands of a
Benefitting Owner within the Benefitting Lands until the
Benefitting Owner has discharged its obligations under this
Agreement and under sections 52 and 53 of the Act.
13. NOTICE:
Any notice given pursuant to or in connection with this Agreement
shall be in writing and shall be conclusively deemed to be given
and received on the third business day next following the day
upon which it is mailed in Canada by prepaid registered post
addressed to the address of the person to be notified as set out in
the most recent assessment roll for The Town.
14. INTERPRETATION:
1) The Schedules attached hereto are incorporated in and form a
part of this Agreement.
2) The headings are inserted for convenience of reference only
and shall not affect the construction or interpretation of
this Agreement.
3) All references to sections and subsections unless otherwise
specified are to sections and subsections of this Agreement.
4) In this Agreement, unless the context otherwise requires,
words importing the singular include the plural and vice
versa and words importing a gender include all genders.
5) References herein to any statute or any provision thereof
include such state or provision thereof as amended, revised,
re-enacted and/or consolidated from time to time and any
successor statute thereto.
6) If any provision hereof is prohibited or unenforceable, such
provision shall be deemed severable and shall not invalidate
or render unenforceable the remainder of this Agreement.
7) No amendment, supplement, waiver or consent
provided for by the provisions of this Agreement shall
be effective unless in writing and signed by the party
against whom enforcement of the amendment,
supplement, waiver or consent is sought.
8) Time shall be of the essence of this Agreement.
9) Nothing herein contained shall create or be deemed to
create a new joint venture or partnership between the
parties hereto.
1o)All agreements herein contained, though not expressed
to be covenants, shall be deemed to be covenants.
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ii)This Agreement constitutes the entire agreement
between the parties hereto with respect to the subject
matter hereof and supersedes any prior agreements,
undertakings, declarations or representations, written
or verbal, in respect thereof.
12) If more than one party comprises the Owner the
obligations herein contained shall be joint and several.
IN WITNESS WHEREOF the parties have executed this Agreement.
PERFORMANCE COMMUNITIES REALTY
INC.
W—
William R. Hayhoe
President
I have the authority to bind the corporation.
THE COIWQRATION OF THE TOWN OF
tephen Molnar
Mayor
Donna Wilson
Town Clerk
We have the authority to bind the corporation.
SCHEDULE "A"
Legal Description of the Owner's Property
FIRSTLY) PART BLOCK A, PLAN 1082, PART 4 41R9418; (SECONDLY) PART
LOT 7, CONCESSION 12 (DEREHAM), PARTS 1, 2 & 3 41R9418; TOWN OF
TILLSONBURG
PIN: 00030 - o982 LT
SCHEDULE "B"
Legal Description of the Benefitting Lands
1. PT LT 8-9 CON 12 DEREHAM PART 1, 41R8055; SW
OXFORD/TILLSONBURG; PIN: 00025-o614 (LT); Current Owner:
VICTORIA WOOD (TII.LSONBURG-WEST) GP INC.; and
2. PT LT 8 CON 12 DEREHAM DESIGNATED AS PART 1, 411t6o17;
TILLSONBURG; PIN: 00025-0436 (LT); Current Owner: THAMES
VALLEY DISTRICT SCHOOL BOARD.
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SCHEDULE "C"
Dereham Drive Storm Sewer Oversizing (Andrews Crossing Phase 1)
Town Contribution 19%
NDSB Contribution 21%
Victoria Wood GP Inc. Contribution 6010
100%
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OversizingCost $ 118,882.75 (plus HST)
22,730.47 (plus HST)
25,188.87 (plus HST)
70,963.41 (plus HST)
118,882.75
Cost Allocation Summary
Runoff
Land Owner Area Identifier Area (ha) Coefficient C" x Area Adjusted
Shared CostC" x AreaC" Value
Existing Development Along QTL Al 4.51 0.45 2.03 3.16 19% 22,730.47
TVDSB WestField Public School A2 1.87 0.70 1.31 2.04 12% 14,660.84
NDSB Land A3 4.70 0.20 0.94 1.46 9% 10,528.03
Victoria Wood GP Inc. Land A4 31.68 0.20 6.34 9.87 6010 70,963.41
Total 42.76 10.61 16.53 118,882.75
Area Outside Town Limits A5 29.59 0.20 5.92 A5 - CxA value has been redistributed
Total 72.35 to areas Al to A4
Town Contribution 19%
NDSB Contribution 21%
Victoria Wood GP Inc. Contribution 6010
100%
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OversizingCost $ 118,882.75 (plus HST)
22,730.47 (plus HST)
25,188.87 (plus HST)
70,963.41 (plus HST)
118,882.75
SCHEDULE "D"
The Services include the storm sewer oversized piping and appurtenances
extending from the Owner's lands to the Benefitting lands as depicted on the
drawing in Schedule "E".
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SCHEDULE "E"
CCNCESSIEN STREET I I I Il
II
WATERSHED BO DRY OF MOINAL
OAKPARK SUBWN90N TRUNK SEWER 1994
VICTORIA WOOD GP ING
LANDSI J1.68(he) OF
GRAMVIEV
AREA W7511E TOWN(
29.59 (Iw) E 10 -UN C AREA ALONGLWTSLLL.... OVAR
at
TER ARE IJNE
A5 -D. -J I
T1D58 W DS 4.70(Iw) i
A3 O DEREiAM
T9DSB
Jj
WES7FTILDPUBLIC
t .
WAMMED B"DRY 0 !
CO A4 DRIVE TRUNK SnVER
o ESSEITINE DR1Vi.____.
tl
2
vIRAILV
ii
0 4 r i
1 10
N O
K
DRAINAGE AREAS AFFECTING DEREHAM DRIVE STORM
SEWER OVERSIZING
SAM
LEGFN'D
DEREHAAI DRIVE OVERSIZED STORM SEWER (173.6m)
TOWN OF TILLS09Bl!RG
oreRAnovs S}t\7CF5 DRAINAGEAREAS FOR DEREHAM DRIVE
usTonmisexnr reNtxF STORM OVERSIZING
til'.L 7.: •. ••"••• i DRAWING NLMFER
NOT TO SCALE L,.~° I 1 i 001
I 1 I
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