3314 Schedules Baldwin Place Phase 8 Amending Agreement• LRO # 41 Notice Under 5.71 Of The Land Titles Act
The applicant(s) hereby applies to the f_and Registrar.
Receipted as CO40187 on 2008 08 26 at 11:20
I Properties
PIN 00025 -0585 LT
Description LOT 74, PLAN 41M182, TILLSONBURG.
Address TILLSONBURG
PIN 00025 -0908 LT
Description PART OF LOT 80, PLAN 41M182, EXCEPT PART 32, 41R7764, SIT EASEMENT IN
GROSS OVER PART 12, 41R7775 AS IN CO30245; DESIGNATED AS PARTS 16-20,
41R8228 & PARTS 157-158, 41R8228; TILLSONBURG
Address TILLSONBURG
PIN 00025 -0590 LT
Description PART OF LOT 79, PLAN 41M182, DESIGNATED AS PARTS 21-23, 41R8228;
TILLSONBURG.
Address TILLSON BURG
PIN 00025 -0589 LT
Description LOT 78, PLAN 41M182, TILLSONBURG.
Address TILLSON BURG
PIN 00025 -0588 LT
Description LOT 77, PLAN 41M182, TILLSONBURG.
Address TILLSON BURG
PIN 00025 -0587 LT
Description LOT 76, PLAN 41M182, TILLSONBURG.
Address TILLSON BURG
PIN 00025 -0885 LT
Description PART OF LOT 67, PLAN 41M182 EXCEPT PARTS 39 & 40, 41R7764; DESIGNATED
AS PART 78, 41R8228 & PARTS 159-189, 41R8228 & PARTS 203-213, 41R8228;
TILLSONBURG
Address TILLSONBURG
PIN 00025 -0579 LT
Description LOT68, PLAN 41M182, TlLLSONBURG.
Address TILLSON BURG
PIN 00025 -0580 LT
Description LOT 69, PLAN 41M182, TILLSONBURG.
Address TILLSONBURG
PIN 00025 -0581 LT
Description PART OF LOT 70, PLAN 41M182, DESIGNATED AS PARTS 124-156, 41R8228 &
PARTS 190-201, 41R8228; TlLLSONBURG.
Address TILLSONBURG
I Consideration
Consideration $ 0.00
I Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name TILLSONBURG DEVELOPMENTS INC.
Address for Service P.O. Box 151:1
Tillsonburg, Ontario
N4G4H5
I, STEVEN H. SMITH, Vice-President, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
yyyy mm dd Page 1 of 11
0 Affects Part of Prop
0 Affects Part of Prop
l?J Affects Part of Prop
[?J Affects Part of Prop
• LRO # 41 Notice Under S.71 Of The Land Titles Act
The appJicant(s) hereby applies to the Land Registrar.
Receipted as CO40187 on 2008 08 26 at 11 :20
yyyy mm dd Page 2 of 11
I Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equlty in land
Name THE CORPORATION OF THE TOWN OF TILLSONBURG
Address for Se,vice 200 Broadway, 2nd Floor
Tillson burg, Ontario
N4G 5A7
Thls document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation by Stephen Molnar, Mayor and Michael Graves, Clerk.
Name THE CORPORATION OF THE COUNTY OF OXFORD
Address forSetVice P.O. Box 397
415 Hunter Street
Woodstock, Ontario
N4S 7Y3
This document is not authorized under Power of Attorney by this party.
This document is belng authorized by a municipal corporation by Paul Holbrough, Warden and Ken Whiteford, Clerk.
I Statements
The land registrar is authorized to delete the notice on the consent of the following party(ies} The Corporation of the County of Oxford
and The Corporation of the Town of Tillsonburg
Schedule: See Schedules
I Signed By
Scott Keith Campbell
Tel 519-842-3658
Fax 5198425001
I Submitted By
GIBSON, LINTON, TOTH, CAMPBELL & BENNETT
Tel 519-842-3658
Fax 5198425001
I Fees/Taxes/Payment
Statutory Registration Fee
Total Paid
I File Number
Applicant Client File Number :
$60.00
$60.00
C07-557
36 Broadway, Box 5
Tillson burg
N4G4H3
36 Broadway, Box 5
Tillsonburg
N4G4H3
acting for
Applicant(s)
Signed 2008 08 26
2008 08 26
Pre-Servicing Agre~ment
TOWN OF TILLSONBURG
PRE-SERVICING AGREEMENT
BALDWIN PLACE PHASE Vlll
THIS AGREEMENT made the (J-m day of v(Jt, y , 2008.
BETWEEN:
THE CORPORA TJON OF THE TOWN OF TILLSONBURG
hereinafter called the "TOWN"
-and -
THE CORPORATION OF THE COUNTY OF OXFORD
hereinafter called the "County"
-and-
TILLSONBURG DEVELOPMENTS INC.
hereinafter called lhe "Owner"
WHEREAS the lands affected by this agreement are the lands described as Part Lot 8, Concession 12, Plan41M-182, in
the Town ofTillsonburg, and described in box 6 of the Document General, a., shown on a proposed Plan of Subdivision,
dated the 4th day of September, 2002 as prepared by Kim Husted Surveying Ltd, and appended as Schedule "A" to this
Agreement (hereinafter called the "LANDS");
AND WHEREAS the Owner proposes to pre-service said lands by constructing thereon a water system, sanitary sewer
system, a stonn sewer system, road allowances, roadways, curbs and gutters, an electrical system and street lights and
attend to requisite grading;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of other good and valuable
consideration, the parties hereto covenant and agree, each with the otl1er, as follows:
1. DEFINITIONS
A) For purposes of this agreement, the words and phrases defined in the Subdivision Amending Agreement
attached hereto marked as Schedule "B" shall be deemed to form part of the within agreement; and
B) PRESERV!CES shall be such of the water systen1, sanitary sewer system, storm sewer system, road
allowances, roadways, curbs and gutters, an electrical system and street lights and requisite grading, as
may be determined by the Owner to be constructed pursuant to the provisions of the within agreement.
2. THE TOWN AND/OR THE COUNTY COVENANTS AND AGREES:
A) That it will supply such inspectors to make such inspections as may be required to enable the Town and/or
the County to accept the pre-services herein provided, it being understood that such inspectors are to be
supplied at the expense of tl1e Owner; and
B) To assume the pre-services, bul only as long as all other provisions of Schedule "B" hereto attached are
complied with, with the exception of Clause 6 (a) of said Schedule "B'' insofar as said clause relates to the
pre-services herein provided.
3. THE OWNER COVENANTS AND AGREES:
A) That the sole purpose of the within agreement is to negate the effect of the Owner being required to put the
perfonnance security in place insofar as the pre-services are concerned and ::.-pecifically acknowledges and
Pre-Servicing Agreement
agrees that Schedule "B" hereto attached, or substantially in tl1e form and content as set out in Schedule
"B", shall be executed and all other provisions thereof complied with prior to issuance of any Building
Permit relative to the lands and premises included in the within agreement;
B) The Owner acknowledges that any works conducted on the site are done at their own risk and no review
done by any depanment guarantee that the services will be acceptable for the Plan of Subdivision.
C) To put in place such liability insurance as may be required by the County and the Town named as co-
insured, which said policy is to be deposited with the County prior to execution of the within agreement by
the County and the Town;
D) To pay the Town the following amounts prior to the execution of the within agreement by the County and
the Town:
i. Preparation of the pre-servicing agreement
ii. Total Due
$300.00
$300.00
E) To indemnify the County and the Town, their successors and assigns from all debts, liabilities, contracts,
actions, proceedings, claims and demands, in the event that the pre-servicing contemplated by the within
agreement is Pot commenced and/or finalized and/or the Subdivision Amending Agreement in place
contemplated in Clause I (a) is not executed and complied with.
F) To confirm street names to the satisfaction of the Town.
G) The conditions herein contained forms part of the Subdivision Agreement shall be appended thereto with
all other covenants of the Subdivision Agreement remaining in effect including the benefit of this
Agreement to be binding upon the parties hereto, their successors and assigns.
H) That no building permit or model home permits will be issued and the services will not be accepted until
· the subdivision amending agreement has been entered into, at that time security will be required.
I) Archaeological studies and any engineering studies required as well as MOE approval shall be obtained
prior to signing the Servicing Agreement.
4. AGREEMENT REGISTERED
This Amending Agreement shall be appended to the aforementioned Subdivision Agreement previously registered
on title by the Town against all lands to which ~1e Pre-servicing Agreement applies at the cost of tl1e Owner.
IN·Wit~S WHEREOF the parties hereto have hereunto affixed their Corporate Seals this
of -~ -· < ·"--2008. ----.w•, • • •-__ ..... _•'. ' -
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_)_· --------7 Steven Smith
) liWE Have Authority to Bind the Corporarion
)
)
)THE CORPORATION OF THE COUNTY OF OXFORD
)
)
)
)
)W
)
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;·::K,, ,:='.?llb-. 0 m ,L
)CLERK -Ken Whiteford °e
)
)
) THE CORP N THE;.:roWN OF TILLSONBURG
)
)
day
----------,----------------------.---------·---------
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I
SCHEDULE "B"
BALDWIN PLACE PHASE 8
PLAN 32T-01002
TOWN OF TILLSONBURG
SUBDIVISION AMENDING AGREEMENT
BALDWIN PLACE PHASE VIII
THIS AGREEMENT made the
BETWEEN:
day of , 2008.
TILLSONBURG DEVELOPMENTS INC.
hereinafter called the "Owners"
OF THE FIRST PART
• and-
THE CORPORATION OF THE TOWN OF TILLSONBURG
hereinafter called the "Town"
OF THE SECOND PART
-and-
THE CORPORATION OF THE COUNTY OF OXFORD
hereinafter called the "County"
OF THE THIRD PART
WHEREAS the Owner entered into a Subdivision Agreement with the Town ofTillsonburg and the County of
Oxford on the 7th day of March, 2002 for the pUipose of subdividing and registering a Plan of Subdivision on lands
described as Part Lot 8, Conc.ession I 2, Plan 41 M-182, in the Town ofTillsonburg, and described in box 6 of the
Document General, as shown on a proposed Plan of Subdivision, dated the 4th day of September, 2002 as prepared
by Kim Husted Surveying Ltd.;
AND WHEREAS upon execution this Amending Agreement forms part of the aforementioned Subdivision
Agreement;
AND WHEREAS Paragraph 4 of the Subdivision Agreement makes provision for the subdivision to be developed
in phases and each phase may be developed in stages subject to receipt of all approvals, studies and requirements of
the Town including engineering drawings and amendments to Schedules "A", "B", "C", and "D";
AND WHEREAS the Owner is desirous of developing Phase 8, details of which were not included the Schedules
"A", "B", "C", and "D" of the Stibdivision Agreement;
AND WHEREAS the Town is desirous of ensuring that the appropriate approvals for each phase (stage) are
documented and that securities are in place;
NOW THEREFORE THIS ;;.GREEMENT WITNESSETH THAT in consideration of the Town approving the
said proposed Subdivision Amending Agreement and the covenants hereinafter expressed, the parties hereto
covenant and agree one with the other as follows:
1. SCHEDULES
The following schedules, as amended from the Subdivision Agreement, identify and refer to the respective
phase or stage referred to herein and form part of this Amending Agreement and it shall be the responsibility of
the Owner to ensure complete compliance to all matters related to these Schedules:
Schedule "A" as Amended -a plan showing lots, road allowances, easements and parkland
Schedule "B" as Amended -summary of estimated servicing costs
Schedule "C" as Amended -security and cash payment
Schedule "D" as Amended -completion dates for the works;
2. PLANS
The following plans, if required for the respective phase (stage) referred to herein, as amended from
those submitted for compliance with the Subdivision Agreement, shall be submitted to the Town for
Subdivision Amending Agreement Page 2 of 6
approval and it shall be the responsibility of the Owner to ensure complete compliance to all matters
related to their implementation:
Plan showing tr':: proposed storm and sanitary sewer systems
Plan showing the proposed water distribution system
Plan showing the proposed lot grading;
3. WATERALLOCATION
Water and wastewater allocation will be allocated for this development at the time of registration
according to the Protocol for A !location of Water and Sewage Capaci~y for Development -Town of
Tillsonburg. The allocation protocol considered will be the current edition of the document at the
time of registration as the protocol may be amended by County Council resolution from time to
time.
Prior to the final approval of each phase of the subdivision plan, the Owner shall receive
confinnation from the County of Oxford Department of Public Works that there is sufficient capacity in
the Tillsonburg water and sewage system to service the requested phase of the plan of subdivision.
4. AGREEMENT BINDING
The conditions herein contained fonns part of the Subdivision Agreement and shall be appended thereto
with all other covenants of the Subdivision Agreement remaining in effect including the benefit of this
Agreement to be binding upon the parties hereto, their successors and assigns.
5. AGREEMENT REGISTERED
This Amending Agreement shall be appended to the aforementioned Subdivision Ab'Teement previously
registered on title by the Town against all lands to which the Subdivision Agreement applies at the cost
ofthc Owner.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this
day of , 2008.
) TILLSONBURG DEVELOPMENTS INC.
)
)
) _________ _
) Steve Smith, Vice President
) l/W2 Have Authority to .Bind The Corporation
)
) THE CORPORATION OF THE TOWN OF TILLSONBURG
)
) ) _________ _
) MAYOR -Stephen Molnar
)
) ) _________ _
) CLERK -Michael Graves
)
)
) THE CORPORATION OF THE COUNTY OF OXFORD
)
)
) __________ _
). WARDEN, Paul Holbrough
)
)
) ___________ _
) C.A.O./Clerk -Ken Whiteford
I ll
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§
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Subdivision Amending Agreement
SCHEDULE "A,, AS AMENDED
SUBDIVISION PLAN
BALDWIN PLACE PHASE 8
As prepared by Kim Husted Surveying Ltd., <lated April 9, 2008.
.,,. --·--.... ___ _
Page3 of6
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TOWN OF TILLSONBURG
SUBDIVISION SECURITY ESTIMATE •WITHOUT PRE·SERVICING
Subdivision: Baldwin Place, Phase 8
Subdivider: Tillsonburg Developments Inc.
Consultant: Cyril J. Demeyere Limited
Servicing Item
1 Storm Sewers & PDC's
2 Sanitary Sewers & PDC's
3 Watermains & Services
4 Granular 'B'
5 Granular 'A'
6 Base Asphalt, Fine Grading, and Initial MH Adjustments
7 Surface Asphalt and Preparation
8 Final MH Adjustments
9 Curb & Gutter and CB Adjustments
10 Sidewalks/Walkways
11 Boulevard Grading, Sodding & Driveways
12 Rough Grading
13 Stockpile Removal
14 Landscaping (parks/schools/etc.)
15 Noise Attenuation Works
16 Stormwater Management Facility
'17 Stormwater Management Facility (Landscaping)
18 Privacy Fencing/Barricades
19 Erosion & Sediment Control
20 As Constructed Drawings ($500/dwg x 8 dwgs)
21 Other
22 Other•
23 Sub-Total
24 GST(5%)
25 Total Security
26 Total Performance Plus Maintenance Security
Estimated Cost
$193,742
$111,630
$124,841
$63,840
$39,097
$91,544 ·
$73,720
$7,740
$36,363
$55,200
$21,000
$24,000
$0
$0
$0
$0
$0
$35,800
$4,375
$4,500
$0
$0
$887,392
$44,370
$931,762
Work Completed
$0
$0
$0
Date:
Job No.
Prepared by:
11-Apr-08
0816
A.G.
100% Performance Maintenance Security
(uncompleted work) % (on completed work)
$193,742 10% $0
$111,630 10% $0
$124,841 10% $0
$63,840 10% $0
$39,097 10% $0
$91,544 10% $0
$73,720 10% $0
$7,740 10% $0
$36,363 10% $.0
$55,200 10% $0
$21,000 10% $0
$24,000 10% $0
$0 10% $0
$0 10% $0
$0 10% $0
$0 10% $0
$0 10% $0
$35,800 10% $0
$4,375 10% $0
$4,500 10% $0
$0 10% $0
$0 10% $0
$887,392 $0
$44,370 $0
$931,762 $0
$931,762
Peter J. Penner P. Eng.
Subdivision Amending Agreement Page 5 of 6
SCHEDULE "C" AS AMENDED
SECURITY, CASH, and DEVELOPMENT CHARGE PAYMENTS
BALDWIN PLACE PHASE 8
INTERNAL AND EXTERNAL COSTS
Cash Deposit or Letter of Credit upon Execution of Subdivision Amending Agreement to Town of
Tillson burg
A) · Construction Cost Estimate
GST
$887,392
44370
$931,762
Security Prior to Construction and Registration of Subdivision Amending Agreement
Irrevocable Letter of Credit $931,762
Subdlvision Amending A_greemcnt Page6 016
SCHEDULE "D"
IMPLEMENTATION SCHEDULE
BALDWIN PLACE PHASE 8
l. Underground Services -sanitary & stonn sewers, watennain
2. Stonnwater Management Pond
3. Road Construction • including curbs, granular A & B, base lift asphalt
4. Utility Servicing-Hydro, Uas, Telephone Cable TV
5. Sidewalks
6. Street Lighting
7. Boulevard Restoration -including topsoil and sod
8. Top Lift Asphalt
Completion Date
MonthNear
June 2008
Completed with Phase I
July 2008
July 2008
2009/2010 (after lots are developed)
July 2008
2009/2010
c. 201 I -to be confinned with Town
CYRIL J. DEMEYERE LIMITED,
CONSUL TING ENGINEERS,
TOWN OF T!LLSONBURG