3016 To authorize the entering into a Subdivision Agreement between Edwin & Ewart McLaughllin, Town of Tillsonburg, and County of Oxford.CORPORATION OF THE
TOWN OF TILLSONBURG
BY-LAW NO. 3016
BEING A BY-LAW TO AUTHORIZE THE ENTERING INTO A SUBDIVISION
AGREEMENT BETWEEN EDWIN & EWART MCLAUGHLIN
TOWN OF TILLSONBURG AND COUNTY OF OXFORD
WHEREAS, the Owners (Edwin & Ewart McLaughlin), proposed to subdivide and register a
Plan of Subdivision of Part Lots 67 and 68, Judges Plan 500, for the Town of Tillsonburg as
shown on ap roposed Plan of Subdivision appended as Schedule "A" to Appendix "1" of this
By-law;
AND WHEREAS the revised draft plan of the land to be subdivided was approved by the
County of Oxford on the 13th day of February 2002, under file 32T-96001;
AND WHEREAS prior to the signing of the plan for registration by the County of Oxford,
certain conditions as set out in the draftp lan conditions of approval dated the 13th day of
February, 2002 must be fulfilled to the satisfaction of Town;
AND WHEREAS the entering into of an Agreement has been made as a condition of approval
by the County of Oxford 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 subdivision;
AND WHEREAS the County of Oxford has required as a condition precedent to its approval of
the said Plan of Subdivision that the Subdivider enter into an Agreement.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
TILLSONBURG ENACTS AS FOLLOWS.
1. THAT the Agreement attached hereto and marked Appendix "1" to this by-law be and
is hereby approved and the Mayor and Clerk are hereby authorized to execute the same
on behalf of the Corporation of the Town of Tillsonburg and to affix the Corporate Seal
thereonto .
2. THAT the said Appendix "1" annexed hereto is declared to be part of this By-law in the
same manner as if written and incorporated herein.
3. THAT this by-law is enacted pursuant to Section 51(26) of the Planning Act, R.S.O.
1990 and shall come into force and take effect on the date of its final passing.
READ a FIRST and SECOND TIME this 8th day of April 2002.
READ a THIRD TIME and FINALLY PASSED this 10th day of June 2002.
MA'YOfk 6 CLERK
TOWN OF TILLSONBURG
SUBDIVISION AGREEMENT
THIS AGREEMENT made the day of , 2002.
BETWEEN:
MCLAUGHLIN, EDWIN EARL
i11CLAUGHLIN, EWART ARNOLD
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 proposes to subdivide and register a Plan of Subdivision on lands described
as Part Lots 67 and 68, Judges Plan 500, in the Town of Tillsonburg, and described in box 6 of the
Document General, as shown on a proposed Plan of Subdivision, dated the 4`} day of March 2002, as
prepared by Kim Husted Surveying Ltd., and appended as Schedule "A" to this Agreement;
AND WHEREAS the land to be subdivided was draft approved by the County of Oxford on the 13`h
day of February 2002, under file 32T-96001; and consists of 14 residential lots, 1 block for
stormwater management and 1 block for parkland;
AND WHEREAS prior to the signing of the plan for registration by the County of Oxford, certain
conditions, as set out in the draft plan conditions of approval dated on the 13`" day of February, 2002,
must be fulfilled to the satisfaction of the Town;
AND WHEREAS this Agreement has been made a condition of approval by the County of Oxford
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 subdivision;
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 and agree one with the other as follows:
Town of Tillsonburg Subdivision Agreement
1. DEFINITIONS
Page 2 of 27
(a) "Owner" shall include the registered owner or owners in fee simple of the land for
which the subdivision is proposed and/or their respective heirs, executors,
administrators and assigns, and in addition to its accepted meaning, shall mean and
include an individual, an association, a partnership, or an incorporated company and
wherever the singular is used herein it shall be construed as including the plural.
(b) "Council" shall mean the Municipal Council of the Corporation of the Town of
Tillsonburg.
(c) "Hydro Company" shall mean Tillsonburg Hydro Inc.
(d) "County" shall mean the Corporation of the County of Oxford.
(e) "Lot" shall include a "block'
(f} "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.
(g) "This Plan" shall mean the Plan of Subdivision annexed to this Agreement and marked
Schedule "A".
(h) "Residential Design Criteria" are the design criteria approved for residential subdivisions
by the Council of the Town of Tillsonburg under By-law No. 2759 on June 24, 1996, and
any amendments thereto.
2. 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 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.
3. CONSULTING ENGINEER (S)
(a) The Owner agrees to retain a Registered Professional Engineer as the Consulting Engineer
of the Owner to carry out all the necessary engineering and to supervise the work required
to be done for the development of the subdivision. Such Consulting Engineer or a
successor thereto, shall continue to be retained until the work provided for in this
Agreement is completed and formally accepted by the Town and the County.
The Owner shall notify the Town, in writing, regarding who the Engineer of Record is for
the completion of the entire project.
(b) The Owner agrees that in the preparation of contract plans and specifications, the
Consulting Engineer will follow the following procedures all at the cost of the Owner:
(i) Design all the works covered by this Agreement, (excluding underground electric
plant and street Iighting, which will be designed by the Town of Tillsonburg);
(ii) Prepare plans, profiles, and specifications for the said works and to submit detailed
plans, profiles and specifications to the Town and/or the County for approval prior to
the installation of such works;
Town of Tillsonburg Subdivision Agreement
Page 3 of 27
(iii) Obtain, in conjunction with the Town and/or the County, all the necessary
approvals required prior to the construction of the said works;
(iv) Obtain the approval of the Town and/or the County for the Contractor of the said
works;
(v) Supervise construction of the said works;
(vi) Maintain all records of construction of the said works;
(vii) Supply to the Town and/or the County, drawings on linen, mylar or equivalent, as
well as in digital format as described in Section 29 to this Agreement, of all the
works as constructed by the Contractor;
(viii) On completion of construction of the said works, to supply the Town and/or the
County with a certificate that the execution of the said works was in accordance
with the approved plans and specifications;
(ix) Supervise the construction of any remedial work required by the Town and/or the
County.
(x) Design and carry out lot grading in accordance with the Residential Design
Criteria. Such plan should address lot grading, soil conservation and erosion
control plan to the satisfaction of the Long Point Region Conservation Authority,
the Town and the County. The plan should detail methods of controlling sediment
during construction as well as identifying possible downstream impacts and ways
of minimizing them. Additionally review any environmental impacts that might be
identified in such plan.
(xi) Submit a plan for the mitigation or removal of any contaminants identified in the
Phase 1 and Phase 1 1 Environmental Site Assessment Reports prepared by AGRA
Earth and Environmental Limited for the subject property, such work being the
responsibility of the Owner.
(c) The Owner agrees with the Town and County that no public services will be installed
and no work shall be commenced until the Town Engineer and/or County has received
and 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 accordance with the said plans and specifications, all to the
satisfaction of the Town and/or 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 County. The Town and/or 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.
4. SCOPE OF AGREEMENT
The Owner agrees to construct and complete at his own expense and in a good workmanlike
manner, for the Town and the County, all the municipal services as hereinafter set forth to the
satisfaction of the Town and County, and to complete, perform or make payment for such other
matters as may be provided for herein.
The Owner, at his option, may request the Town and/or the County to construct the municipal
services as hereinafter set forth. Where such option is exercised, the Town and/or the County
shall undertake or arrange to call tenders and arrange for the construction of the services as
provided herein and the Town or County shall have sole discretion in matters pertaining
thereto.
Town ofTillsonburg Subdivision Agreement
Page 4 of 27
The subdivision shall be developed in phases and each phase may be developed in stages and
each stage of the subdivision will have the necessary services in relation to that stage and in the
event that the subdivision is developed in stages the Consulting Engineer shall establish the
amount of security for each stage as provided herein to be approved by the Town.
This agreement covers the area and lots identified on Schedule "A" or Schedule "A" as
amended. 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 engineering drawings, and amendments to Schedules "A", "B", "C" and "D".
5. LIST OF SCHEDULES
The following schedules form part of this agreement and it shall be the responsibility of the
Owner to ensure complete compliance to all matters related to these schedules.
Schedule "A" — A plan showing proposed lots, road allowances, easements, and parkland
Schedule "B" — Agreement with Town of Tillsonburg for provision of Hydro services
Schedule "C" — Summary of Estimated Servicing Costs
Schedule "D" — Security and Cash Payment
Schedule "E" - Implementation Schedule
The following plans shall be submitted to the Town for approval and it shall be the
responsibility of the Owner to ensure complete compliance to all matters related to their
implementation:
A plan showing the proposed storm and sanitary sewer systems
A plan showing the proposed water distribution system
A plan showing lot grading
6. MUNICIPAL SERVICES TO BE PROVIDED BY OWNER
The Owner agrees to construct and complete services as set out below as required by the Town.
The Omer shall within twelve (12) months of the execution of this Agreement commence,
and within twenty-four (24) months complete the installation of the Municipal Services listed
in Section 6 of this Agreement. In the case of staging, this time frame shall be applicable to the
commencement and completion of each stage.
(a) Sanitary and Storm Sewers, Water mains, Services and Appurtenances
(i) Distribution System - The Owner hereby agrees to construct, at her/his own expense,
sanitary sewers and a water distribution system to be connected to the existing
distribution system and to be sized in accordance with the County's requirements.
The system will include all house services and other services from the main to the
street line and all appurtenances and fire hydrants, including private service
connections to the property line of every lot on the plan. The distribution system
shall be designed in accordance with the County's specifications, which are in effect
at the time of the installation of this system and not necessarily those in effect at the
time of this Agreement, and to maintain them until the County formally accepts them.
(ii) Size - All sanitary and storm sewers and water mains shall be of a size as determined
by the Town and the County and installed at depth and on a location as determined by
the Town.
(iii) Connection to Town system - Prior to the acceptance of the water distribution system
constructed by the Owner, the Town may connect or authorize connection into the
said system, but such connection shall not constitute acceptance of the system, or
systems, by the Town.
(iv) Approval of Contractor - The Town shall require all work to be done by a contractor
4
Town of Tillsoriburg Subdivision Agreement
Page 5 of 27
whose competence is approved jointly by the Town and the Owner, at the expense
of the Owner.
(v) Outlet - It shall be the responsibility of the Owner to provide a satisfactory outlet for
the sanitary sewers from the limits of this subdivision to the point of junction with
the nearest approved Town sewer outlet.
(vi) Timing - The Owner agrees that installation will be made within the time limits
specified as hereinafter set forth and that upon completion of the works, to supply the
Town with sufficient cash or bond to guarantee the works and material for a period of
two years from the date that the said works are completed and approved in writing by
the Town as provided for in Paragraphs 18 and 20 of this agreement.
(vii} Where a plan of subdivision or portion thereof fronts or abuts on an existing street and
upon which water mains have been installed or may be installed, and not paid for in
full, a payment shall be made to the Town for the use of the said main or mains as the
Owner's share of the water system abutting the subdivision.
(viii) Ministry of the Environment approval - All plans relating to the installation of water
mains, appurtenances and services must be submitted to the Town and County for
approval by the Town Director of Operations and the County Director of Public
Works along with copies of the application to be submitted to the Ministry of the
Environment for their approval. Before beginning any of the work, evidence must be
filed with the Town that the Ministry of Environment approval has been obtained.
(I x' Road Grades - Before actual construction begins, proof must be furnished by the
Owner or his agents that the road grades have been approved by the Town Director of
Operations and/or the County Director of Public Works where water mains are being
installed outside the Town limits, in order that the water mains and appurtenances
will be laid to the proper grade.
(x) Property Stakes - Sufficient property stakes must be available so that the proper line of
the waterman can be established and valves, hydrants, services and other
appurtenances are properly located.
(xi) Extent of Work - The extent of the work shall be construed to consist of the labour,
equipment and material necessary for the construction of the subdivision in a good,
substantial, workmanlike manner of all items required for the completion of the entire
work consisting of all the items shown on the drawings which have been approved by
the Town and County.
(xii) Locates - The Contractor will be responsible for obtaining the location of all other
utilities such as, but not limited to, electric underground cables, Bell Telephone
Conduits, storm and sanitary sewer systems, water distribution systems, farm drainage
tiles, gas mains and services, etc. from the Utility concerned and must protect and/or
repair same subject to the regulations of the particular service involved.
(xiii) Replacement to Original Conditions— All pavement, driveways, entrances to property,
lawns, retaining walls, etc. must be replaced in good condition as originally found or
better, in consultation with adjacent property owners.
(xiiv) Signage, Barricades and Lanterns— Signage, barricades and lanterns must be installed
on all works for the protection of vehicles and pedestrians and all precautions taken to
minimize risk of damage and inconvenience to others. All signage must be erected
and displayed in accordance with the Manual of Uniform Traffic Control Devices.
(x v) Safety - All work shall be carried out so that it conforms with the regulations of the
Construction Safety Act, the Workers' Compensation Board, and the Occupational
Health and Safety Act, as they pertain to the safe working conditions of the persons
employed on the job.
Town ofTillsonburg Subdivision Agreement
Page 6 of 27
(xvi) Support of Underground Services - Where an underground service is installed across
another underground service, adequate horizontal and vertical bracing must be installed
to properly support the affected services during and after construction of/ all works as
required.
(xvii) Pavement Cuts and Road Closures - The Contractor shall take full responsibility for
pavement cuts which must be approved by the Town or County Director of Public
Works and restored to the regulations applicable. The closing of roads due to the
installation of sanitary sewers and/or water mains must have the approval of the
Town Director of Operations and/or the County Director of Public Works and the
Contractor must observe all applicable regulations and Safety Manuals.
(xvii i) Valve and Hydrant Wrenches - The Contractor must have a proper valve key and
hydrant wrench on the job at all times in case of emergency and at no time is a pipe or
other wrench to be used in place of the proper equipment.
(xix) Supply of Water from Hydrant - If the Contractor wishes to use a fire hydrant for a
supply of water for construction purposes, he must obtain approval of the Town
Director of Operations and provide a proper fitting complete with shut-off valve to
attach to the hydrant. Under no condition is the Contractor to operate a hydrant
repeatedly as this may cause damage to the mechanism necessitating a complete
overhaul.
(xx), Opening and Closing of Valves - The opening and closing of valves and the loading of
watermains are only to be performed by employees of the Town. The Consulting
Engineer(s) should make arrangements in advance of this type of work to be done.
The cost of performing this service will be charged to the Contractor and all accounts
shall be settled on demand.
(xxi.) Connection to Town System - All cutting or connecting to the Town's existing
services shall nonnally be made by the Town's forces at the expense of the Contractor.
The Contractor may perform this work, by permission of the Town Director of
Operations and with the Inspector present.
(xxii) In Absence of Contractor - In absence of the Contractor from the job (whether
permanent or temporary), a competent and reliable agent or foreman shall be left in
charge and this person shall be considered as acting in place and all notices,
communications, instruction or orders given, sent or served upon this person shall be
taken as served upon the Contractor.
(xxiii) Specifications -The installation of the water distribution system is to be carried out in
accordance with the specifications previously referred to as supplied by the County of
Oxford. These specifications are considered to be a part of this agreement.
(xxiv) Excavations, Backfill and Compaction — All excavations on Town and/or County
streets must have the approval of the Town Director of Operations and/or County
Director of Public Works, respectively. All trenches, regardless of their location,
whether they are in roadways, in the boulevards, or under sidewalks, lawns, etc. are to
be backfilled with suitable material and properly compacted. Mechanical compactors
are to be used where possible and compaction is to be done at least every six inches
or as approved by the Town's Director of Operations. No wet, frozen or unsuitable
materials are to be used for backfilling, and, in all cases, the requirements of the Town
Director of Operations will be met. Where excavations are made in existing
roadways, the pavement structure shall be replaced on the top of the trench in
accordance with the requirements of the Town Director of Operations and/or the
County Director of Public Works.
(b) Storm Water Facilities and Sewers
Storm water facilities and severs shall be constructed within the limits of the subdivision
6
Town ofTillsonburg Subdivision Agreement
Page 7 of 27
and beyond, it required for the development of these lands, of such size, type, position and
extent as are shown on the plans and specifications approved by the Town or otherwise
required by it in writing as required by the Plan of Subdivision. The Town shall require
this work to be done by a contractor whose competence is approved jointly by the Town
and the Owner, at the expense of the Omer. It shall be the responsibility of the Owner to
provide a satisfactory outlet for the storm water sewers from the limits of this subdivision
to the point of junction with the nearest approved Town sewer outlet.
The Owner shall have had a storm water management plan prepared by a technically
qualified consultant detailing the methods of maintaining post development flows at pre-
cle�,,elopment flows for the 1:2 and 1:100 storm return periods. The plan shall have
described the methods that will be used to control erosion and control/treat surface water
flow for the proposed residential development and future development lands within the
watershed. The plan shall be reviewed and approved by the Town and the Long Point
Region Conservation Authority. The Owner shall carry out or cause to be carried out any
necessary remedial works recommended by the Town and the Long Point Region
Conservation Authority. The Owner agrees that upon approval of the plans by the Town
and the Long Point Region Conservation Authority, all buildings and structures in the plan
of subdivision shall be erected in accordance with the approved plans under the
supervision of the Consulting Engineer and these plans shall be registered against each
individual lot prior to any acceptance of the Town.
As part of the Storm Water Management for this development, it is recognized that the
developer is providing for storm water management facilities that will benefit the
development of other lands in the future. The Town of Tillsonburg will make its best
efforts to recover costs identified by the Engineer of Record which may be attributable to
ethers and seek reimbursement from other developments so identified upon the
development of these lands. Said reimbursement shall be paid to the Owner following
receipt by the Town.
(c) Credits for Over Sizint;
The Town may require the Owner to oversize sewers or water mains to accommodate
servicing of lands external to the subdivision lands herein. Upon such a request, the
Owner shall be allowed a credit to be applied toward development charges for sewers for
the subdivision equal to the cost of over sizing as calculated by the Consulting Engineer
and agreed to by the Town.
(d) Roads
Subject to the Residential Design Criteria, all roads shown on the said Plan of
Subdivision shall be dedicated as public highways, graded, including fill or excavation as
required by the Town, to their full width of the allowance. All roads shall be asphalted
and such asphalt shall be laid in at such times as may be allowed by the Town in writing.
When in the opinion of the Town, it is necessary to change the grade of existing Town
roads adjacent to or abutting the said plan, the Owner agrees to grade the road to sub -
grade, in the manner and at the same time stipulated by the Town and shall restore the
road to its original condition prior to the change in grade. Prior to acceptance by the
Town, the Owner shall maintain these roads at the Owner's cost. The naming of streets
included in the plan shall be to the satisfaction of the Town. The Owner shall purchase
and pay for the installation of all street sign and regulatory signs at the direction of the
Town.
Until the roads within the subdivision have been assumed by the Town, the Owner is
responsible for the erection and maintenance of signs at all entrances to the subdivision
stating that the roads within the subdivision have not yet been assumed by the Town.
Town ofTillsonburg Subdivision Agreement
(e) Curbs and Gutters
Page 8 of 27
Concrete curbs and gutters shall be constructed on all streets within the subdivision in
compliance to the Residential Design Criteria but construction shall take place only at
such times as may be authorized by the Town in writing. The Town shall approve, in
writing, of the elevation and final grade of the top of the curbs at the mid -point in front of
each lot in the subdivision prior to the construction thereof, and the same shall be
constructed to the satisfaction of the Town. The Owner shall provide a record of such
heights and grades to the Town. Prior to acceptance by the Town, maintenance and
repairs of all curbs and gutters will be the responsibility of the Owner.
(f) Sidewalks and/or Pedestrian Walkways
Concrete sidewalks shall be constructed in compliance to the Residential Design Criteria
on at least one side of those streets shown within the subdivision and on both sides of
collector and arterial streets as specified by the Town. Sidewalks, where required in the
subdivision, shall be constructed with and at the same time as the construction of curbs
and gutters or at such time as may be allowed by the Town in writing. Sidewalk ramps
will be constructed at intersections or where required to the satisfaction of the Town.
Prior to acceptance by the Town maintenance and repairs of all sidewalks will be the
responsibility of the Owner.
(g) Street Lighting
The Owner shall contract with the Town for the installation of streetlights on each street
as shown on the plan to the satisfaction of the Town and to pay the Town the cost thereof
in accordance with the work in Schedule "C".
(11) Underground Electric Plant
The Owner hereby covenants and agrees to install an electrical distribution system on
each street as shown on the plan to the satisfaction of the Town and to pay to the Town
the cost thereof in accordance with the cost as set out in Schedule "B".
(i) Drainage and Erosion Control Works
The Owner shall undertake a geotechnical study to the satisfaction of the Town and the
Long Point Region Conservation Authority to address the stability of all slopes and
make recommendations for any remedial work to be undertaken by the Owner as well as
providing for minimum set back requirements taking into account the findings of the
study.
0) Topsoil and Sod/Seed on all Unpaved Portions of Road Allowances
The Owner is responsible for topsoil, and sod/seed on all unpaved portions of road
allowances complete with 100mm of topsoil and #I nursery sod in accordance with the
approved grading plan and to the satisfaction of the Director of Operations.
(k) Park Development
The Owner is responsible for development of all parkland within the limits of the
subdivision to the standards for park development in the Town, including grading, and
installation of sod/seed, as outlined in the Residential Design Criteria. Development of
these parklands shall be in accordance with Section 27 e) of this agreement.
n
Town of Tillsonburg Subdivision Agreement
7. LIENS AND CLAIMS
Page 9 of 27
The Owner agrees that upon applying for final acceptance of all services in the said
subdivision, to supply the Town and County with a Statutory Declaration that all accounts for
work and materials have been paid or provided for and that there are no claims for liens or
otherwise, on behalf of the Owner in connection with the subdivision.
8. COMPLIANCE WITH RESIDENTIAL DESIGN CRITERIA
All works described in this Agreement shall comply with the Town of Tillsonburg Residential
Design Criteria.
9. INSPECTION WORK
The Town and/or County reserve the right to have inspectors/consultants employed by the
Town and/or County to review all plans and specifications and observe the construction and
installation of 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 days of them being
completed in accordance with the specifications of the Town and the County.
10. FAILURE TO INSTALL OR REMEDY FAULTY WORK
If, in the opinion of the Town Director of Operations, the Owner:
(a) is not prosecuting or causing to be prosecuted the work required in connection with
this agreement within the agreed upon times, or in order that it may be completed
within the agreed upon times; or
(b) is improperly performing the work; or
(c) 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 in bad faith; or
(d) 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
(e) has defaulted performance of the terms of this agreement, then, in any such case, the
Town Director of Operations shall promptly notify the Owner and his surety, in
writing, of such default or neglect and, if such notification be without effect within
seven 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 work at the cost and expense of the Owner or his
surety or both.
In case of an emergency, in the opinion of the Town Director of Operations, such work maybe
done without notice. 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 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 following the issuance of an invoice from the
Town, the Town may draw upon the security which has been provided by the Owner.
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 purpose whatsoever as an
acceptance of the said services by the Town.
Town ofTillsonburg Subdivision Agreement Page 10 of 27
11. ASSUMPTION OF SERVICES BY COUNTY
Once the sanitary sewers and water distribution system have been installed to the satisfaction
of the Town and the County, the sanitary sever trunks and water distribution system will be
assumed and operated by the County and/or the designated service provider.
12. LANDSCAPING - CONTOURS - FINAL GRADES & SURVEY MARKERS
(a) The Owner agrees to deposit with the Town a plan that is in compliance with the
Residential Design Criteria showing:
(i) The existing and final elevation of the said lands as determined by reference to a
geodetic benchmark or an alternate bench mark acceptable to the Town;
(ii) The final grades of all roads as approved by the Town Director of Operations;
(iii) The lands designated for drainage works and locations of easements as may be
required for municipal services.
(b) Barriers along Conservation Authority Lands - The Owner agrees that a snow fence or
other barrier suitable to the Town shall be erected by the Owner along any setback line
established by the Long Point Region Conservation Authority prior to the
commencement of grading, construction and shall remain until all grading, construction
and resodding have been completed.
(c) Soil Disturbance - The Owner agrees that no construction or soil disturbance shall take
place below any setback line established by the Long Point Region Conservation
Authority without a geotechnical study prepared by the Owner for the review and
approval of the Long Point Region Conservation Authority.
(d) Removal of Trees - The Owner agrees 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 approval of the Town and shall be undertaken in
accordance with the County of Oxford Tree Cutting By -Law and Town of Tillsonburg
Tree Policy.
(e) Soil, Seed and Sod - The Owner agrees to grade, provide top soil and seed or sod the
portion of the street allowances lying between the front property line of lots and the curb
save and except any private allowances.
(f) Grading Requirements - The Owner agrees to extract from each purchaser a covenant in
the nature of a restrictive covenant running with lands that the grades and levels will be
maintained in accordance with the approved drainage plan and that no lot will be filled,
cut or encumbered so as to interfere with drainage and the grades and elevations and
only changes will be reviewed by the Town if accompanied with an Engineer's drawing
stamped and signed. The Owner and each subsequent purchaser agrees that no soil
disturbance may be made on the Town lands without the consent of the Town.
(g) Foundation Control Certificate and Final Grading Certificate — foundation control and
final grading certificates will be required in compliance with the Residential Design
Criteria.
(h) Ontario Land Surveyor - The Owner agrees and shall deposit with the Town a certificate
from an Ontario Land Surveyor on completion of construction of curb and base asphalt,
and underground services certifying that all survey monuments as shown on the
registered plan are in place and are located at grade.
(i) Tree Planting - The Owner agrees to provide the Town with a tree planting plan
detailing location and type of all trees to be planted on both public and private lands in
accordance with the Town's Tree Policy
10
Town of Tillsonburg Subdivision Agreement Page 11 of 27
13. FENCING
The following fencing shall be erected by the Owner:
a) a 1.83 metre solid wood privacy fence along the entire property line between
Lots l , 3, 5 and 17 and Block 4; and the abutting properties which front onto the
south side of North Street and the west side of Tillson Avenue.
14. DEVELOPMENT CHARGES
The Owner agrees with the Town and County to pay all applicable charges in the Town of
Tillsonburg Development Charges By-law no. 2928 and the County of Oxford Development
Charges By-law nos. 3909-99 and 3912-09, as amended and/or replaced from time to time.
15. WATER / SEWER ALLOCATIONS
In accordance with the Town of Tillsonburg Water Allocation Policy adopted by Town Council
on February 9, 1998, the Owner shall apply for water allocation for the number of residential
units provided for herein.
Prior to the final approval of each phase of the subdivision plan, the Owner shall receive
confirmation 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.
16. PUBLIC LANDS
The Owner agrees to convey to the Town the lands which are required for public purposes by
the Town as hereinafter set forth:
(a) Park Lands and Stor n water Management Lands- The conveyance of park lands and
storm water management lands free of all encumbrances in the subdivision shall be
made by the Owner immediately following registration of the plan and prior to the
installation of any services as may be applicable. Such parklands shall be developed at
the expense of the Owner to such standards as approved by the Town, including
grading, drainage and landscaping in compliance with the Residential Design Criteria.
(b) Easements & Right -of -Ways - The Owner agrees to grant to the Town and/or the County,
free of charge, all pennanent and temporary easements as may be required for municipal
services and drainage purposes and shall deposit with the Town or County a Plan of
Survey thereof prior to acceptance of the services. The easements and right-of-ways to be
dedicated to the Town and County are shown on Schedule "A" attached hereto or as may
be required by the Town and/or County to implement this plan.
17. LIABILITY INSURANCE
The Owner or contractor to whom the construction is let must be a company in good
financial standing with the Town and County and, before commencing any of the work
provided for herein, shall supply the Town and County with the Liability Insurance Policy
in a form satisfactory to the Town and County, indemnifying the Town and County for any
loss arising from claims for damages, injury or otherwise in connection with the work done
by the Owner, his servants or agents in the said development. The Insurance will name the
Town and the County, as additional insured, and will be in the amount as set out elsewhere
herein under the general terms of this agreement with the Town and the County.
The Owner shall, at its own expense, obtain and lodge with the County and Town a
11
Town ofTillsonburg Subdivision Agreement
Page 12 of 27
Certificate of Insurance satisfactory to the County and Town indemnifying the Town, the
County and the Owner with cross liability endorsement against any claim for public liability,
personal injury, including death or property damage to limits of $2,000,000.00, inclusive, for
any one accident arising in any way out of the construction, installation, repair or
maintenance of all works and services required herein to be done.
The Owner shall provide the County and Town with satisfactory evidence of the renewal of
the said policy at least fifteen (l 5) days prior to its expiry. The said policy shall not be
subject to cancellation without thirty (30) days prior to its expiry. The said policy shall not be
subject to cancellation without thirty (30) days prior written notice to the Town. The Owner
shall, at its own expense, maintain the said policy of insurance in full force and effect until
the expiration of the period of guarantee. Failure to procure and maintain the said policy of
insurance shall constitute a default under this Agreement
The Owner covenants that it will indemnify and save harmless the Town and County from
any and all claims, demands, actions and causes of action, whether the same shall be
successful or unsuccessful and from all costs to which the Town and County may be liable,
suffer or be put to in respect of any such action, cause of action, claim or demand on any way
arising out of or alleged to arise out of any work, service, operation or thing constructed,
installed, repaired, maintained or done or admitted to be done or negligently done by the
Owner, his servants, agents, contractors or subcontractors under them, in respect of the said
works and services, whether or not the same shall be required to be done under the terms of
this Agreement and including (without limiting the generality of the foregoing), the alteration
of any grade or existing level construction, maintenance or repair of any street.
18. PERFORMANCE GUARANTEE - SECURITY
As security for the construction and installation of services required by this Agreement and
prior to the commencement of any work in any stage of the development provided therein,
the Owner shall supply the Town with security as more particularly set out in Schedule "D"
here -to, for the performance and completion of all works required by this Agreement as each
stage proceeds in an amount equal to the estimated cost of all works in that particular stage
and further guaranteeing the workmanship and material in lieu of all other guarantees and
warranties express or implied for a period consistent with the Residential Design Criteria
from the date that the said works are approved in writing by the Town Director of
Operations, and such security may be in the form of any of the following combination
therefore as is acceptable to the Town:
(a) A cash deposit with the Town;
(b) An irrevocable Letter of Credit 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;
(c) A Certificate of Trust deposited with a chartered bank or trust company in a form
acceptable to the Town expressed to be pursuant to this Agreement and providing for
payment to the Town of the sum deposited or any part thereof from time to time upon
written notice from the Town that the Owner is in default under this Agreement;
(d) The Owner may convey to the Town as each stage proceeds, as security for the
performance of the Agreement, title to the lots listed and as described in Schedule "A"
hereto free of encumbrances. Such conveyance shall be certified and registered by the
Owner's solicitors, at the Owner's expense, provided however where lots are to be
conveyed as security, the total value as set out in Schedule "D" shall not form more
than 70% of the amount of security required. Any lots conveyed hereby shall be held in
trust by the Town and dealing with said lots will be prohibited until such time as the
work or part of the work has been completed
The Town hereby agrees to release the lots in exchange for other security as provided
12
Town ofTillsonburg Subdivision Agreement
Page 13 of 27
herein. It is understood that development of the Plan of Subdivision may progress in
stages and for that purpose, on completion of each stage, the Town agrees to release
lots abutting on the works so completed to the satisfaction of the Town of Tillsonburg,
but all works shall be completed for each stage within three years of the
commencement of that particular stage. In the event of failure of the Owner or the
Owner's surety or guarantor to perform within the time permitted herein the Owner's
obligations hereunder within six months after requested to do so by the Council of the
Town, or in the event of the Owner's insolvency or bankruptcy, the Town shall be at
liberty to arrange for completion of the works and to sell the said lots as set out in
Schedule "A" and to apply the proceeds thereof, firstly to the cost of such works, and
secondly such surplus to be returned to the Owner.
The Town shall not be required to account for the sufficiency of the sale price of lots
sold under this paragraph but shall have sole discretion as to sale price, terms and
conditions, and the values set forth in Schedule "D" shall have no application as to the
price of any lots sold by the Town under the terms of this paragraph. The Owner shall
be liable for municipal taxes and the maintenance of same should it convey to the
Town such lots as security.
19. MAINTENANCE DEPOSIT
The Owner shall provide a two year maintenance deposit in an amount which is equal to 10%
of the total contract price including all materials and labour and shall guarantee the materials
installed and the proper installation of all services. The maintenance deposit shall be in the
form of cash or letter of credit.
The Town shall only release this maintenance deposit once the Town is satisfied that all
services and materials have been properly installed and functioning in a capacity that is
satisfactory to the Town.
20. ADJUSTMENT OF SECURITY
The Owner shall have the right from time to time to apply to the Town for a reduction in the
security then held by the Town based on the state of completion of any work for which security
has been given pursuant to this Agreement and provided all works are in compliance with the
Residential Design Criteria, provided that in no event may the said security for any services be
reduced below an amount equal to ten percent (10%) to be released upon the expiry of the
warranty period being consistent with the Residential Design Criteria.
21. PAYMENT OF SOLICITOR'S/CONSULTANT'S COST
The Owner consents to the registration of this Agreement upon the title of the lands within the
plan, and agrees to pay forthwith, on demand, all reasonable solicitor's and consultant's fees and
disbursements incurred by the Town in any way arising out of this Agreement, including the
preparation thereof and of other deeds, conveyances, registration and agreements.
22. ACCEPTANCE OF SUBDIVISION
The Town agrees to accept the subdivision as shown on the attached copy of the Plan for
Registration, and to declare the streets shown thereon to be public highways when constructed
and assumed. Any assumption or operation by the County of Oxford of the water and sewage
systems within the draft plan shall be subject to the approval of the County of Oxford.
23. NOTIFICATION OF EXECUTION
13
Town of Tillsonburg Subdivision Agreement
Page 14 of 27
The Town agrees to notify the County and the Long Point Region Conservation Authority of the
signing; of this Agreement and that conditions set out in the County's letter applying to the draft
approval of this plan for registration have been met to the satisfaction of Town Council.
24. PAYMENT OF COSTS & SERVICES
Where any work is carried out by the Town on behalf of the Owner, it shall be the duty of the
Town to carry out the work in an efficient, prompt and careful manner and to render a full
account of its costs and expenses to the Owner within thirty (30) days of the completion of the
work or such portion of the work where such is carried out by stages. It shall be the duty of the
Owner to pay to the Town its bills and costs and expenses within thirty (30) days of the delivery
to the Owner of the Town's demand for payment, unless some issue shall be in process of
arbitration, and then within thirty (30) days after the date of the arbitration award, and such sums
may be recovered by the Town in like manner as municipal taxes pursuant to Section 35 of the
Municipal Act, R.S.O. 1990, M.45 against lands retained by the Owner or held by the Town as
security.
25. ARBITRATION OF DISPUTES
It is contemplated that there is room for differences between the Owner and the Town and/or the
County in respect of the quality of workmanship involved in the work to be done and that losses
may occur which increase the Town and/or 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 can agree upon one.
Otherwise, three arbitrators shall be used. Where three arbitrators are used, one is to be appointed
by each partv while the third arbitrator is to be appointed by the first named arbitrator in writing
before they enter upon the business of the reference. If any party refuses or neglects to appoint
an arbitrator within five 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.
26. ISSUANCE OF BUILDING PERMITS
Building permit applications will be considered subject to the following conditions for lots
identified on Schedule "A":
(a) road allowance has been graded, including fill or excavation, to its full width-,
(b) curbs and gutters have been installed;
(c) base lift of asphalt has been laid;
(d) underground water, sanitary and storm sewer systems and hydro services have been
installed; and;
(e) development charges for the lot, which a permit is being applied for, have been paid in
accordance with the requirements of both the Town and the County.
(f) the Engineer of Record having certified to the Town the above work having been
completed as per the approved plans and the Town having inspected and verified that
the work has been constructed as per the approved drawings;
(g) a certificate from an Ontario Land Surveyor certifying the replacement of all survey bars
having been filed with the Town.
Building permit applications will not be considered for subsequent phases prior to the approval
of the respective Phase in accordance with Section 4. This provision may be varied upon the
approval of the Town's Director of Operations.
14
Town of Tillsonburg Subdivision Agreement Page 15 of 27
27. SPECIAL PROVISIONS
The Owner undertakes as follows:
a) Prior to the signing of the final plan by the County of Oxford, a 3.0 m (9.84 ft.)
road widening along the `vest side of Tillson Avenue (Blocks 18 and 19) shall be
conveyed to the County of Oxford by the Owner, free of all encumbrances and
costs to the satisfaction of the Director of Public Works.
b) The Owner shall extend services to Lot 17 at such time as it is developed,
including the servicing of the existing dwelling, to the satisfaction of the County
Director of Public Works;
c) The Owner shall receive Council approval for all regulatory and street name signs
and to purchase and install these signs at the direction of the Town;
(1) The Owner shall install a 1.83 metre solid wood privacy fence along the entire
property line between Lots 1, 3, 5 and 17, and Block 4, and the abutting properties
which front onto the south side of North Street and the west side of Tillson
Avenue;
e) The Owner shall deed to at no cost to the Town of Tillsonburg Block 4 (parkland)
free and clear of all encumbrances, and to be seeded, fenced and developed to the
satisfaction of the Town of Tillsonburg; pursuant to the Town's Residential
Design Criteria. The developer shall submit a park development plan for approval
by the Town;
f) The Owner shall deed at no cost to the Town of Tillsonburg Block 7 (stormwater)
free and clear of all encumbrances for stormwater management purposes and to be
developed in accordance with Town standards, to the satisfaction of the Town of
Tillsonburg;
�) The Owner shall deed at no cost to the Town of Tillsonburg Block 16 to be free
and clear of all encumbrances as a future road allowance. No connection shall be
permitted through this block for services without Town approval;
h) All buildings and structures to be setback a minimum of 15m (49.2 ft) from the
CN rail property, until such time as a confirmation from the CN Rail that the
property has been formally abandoned for railway purposes.
I ) Prior to the signing of the final plan by the County of Oxford, the Owner shall
submit for review and approval of the Long Point Region Conservation Authority,
the Town of Tillsonburg, the County of Oxford and CN Rail, a final storm water
management plan prepared by a technically qualified consultant. The storm water
management plan should include methods of maintaining post development flows
at pre -development flows for the 1:2 and 1:10 year storm return periods. This plan
shall detail the methods that will be used to control erosion and control/treat
surface water within the development lands and abutting properties during and
following construction. This plan shall also define the ownership arrangement of
all facilities. The subdivision agreement shall also contain wording acceptable to
the Town, the County, the Conservation Authority, and CN Rail to carry out the
recommendations and requirements of this plan.
J) Prior to the signing of the final plan by the County of Oxford, the Owner shall
submit a lot grading, soil conservation, and erosion control plan, prepared by a
qualified engineer, to the satisfaction of the Long Point Region Conservation
Authority and the Town of Tillsonburg. The soil plan should detail methods
controlling sediment during construction as well as identifying possible
downstream impacts and ways of minimizing them.
15
Town of Tillsonburg Subdivision Agreement
Page 16 of 27
k) Prior to the signing of the final plan by the County of Oxford, the Owner shall
submit a report prepared by a qualified engineer based on the Ministry of
Environment and Energy June 1996 Guideline for Use at Contaminated Sites in
Ontario. This report shall identify any potential contaminants on the site. Prior to
the signing of the final plan by the County of Oxford, the Owner will be
responsible for the mitigation of any contaminants identified in this report to the
satisfaction of the County of Oxford. To assist the County in its review of the
Owner's engineering report, the County may retain its own qualified engineer, at
the Owner's expense, to undertake a peer review of the original report.
1) Prior to the signing of the final plan by the Count of Oxford, engineering plans
for the storm sewer outlet for the storm water management facility, running
across the North Street Road allowance, adjacent to the northerly boundary of
the draft plan of subdivision, shall be approved by the County Director of
Public Works. The Owner shall bear the costs for any such plans.
28. CONVEYANCES
The Owner shall provide an undertaking to the Town with the execution of this Agreement to
deposit with the Clerk a properly executed copy of conveyance concurrent with the registration
of the Plan of all lands to be conveyed to the Town under this Agreement and copy of
registration of this Agreement against all lands subject to this Agreement. Lands to be
conveyed to the Town free of all encumbrances and to the satisfaction of the Town shall
include:
a) Block 7 for stormwater management purposes;
b) Block 4 comprising the parkland requirement for the entire plan of subdivision;
C) Such easements as may be required for utility or drainage purposes shall be granted;
d) Block 16 for a future road allowance.
e) Blocks 18 and 19 for road widening
29. IMPLEMENTATION SCHEDULE
The Owner hereby undertakes to complete the work herein in accordance with the timeframes
set out in Schedule "E". Variance to this 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 Section 10 of this Agreement.
30. DIGITAL COPIES OF PLANS AND DRAWINGS
The Owner shall provide the Town and County with digital versions of all plans and drawings
in AutoCAD drawing files (.DWG) and shape files (.SHP) with attached database information,
or in a current AutoCAD format approved by the Town and the County.
31. AGREEMENT BINDING
This Agreement and everything herein contained shall be to the benefit of and be binding upon
the parties hereto, their successors and assigns.
32. NOTIFICATIONS AND CHANGE OF OWNERSHIP
If any notice is required to be given by the Town or the County to the Owner with respect to
this agreement, such notice shall be mailed or delivered to:
16
Town ofTillsoriburg Subdivision Agreement
Edwin & Ewart McLaughlin
10 Elm Street
Tillsonburg ON N4G 2N4
Page 17 of 27
or such address as the Owner has notified the Town Chief Administrative Officer/Clerk in
writing, and any such notice mailed or delivered is deemed good and sufficient notice under the
ten -ns of this Agreement.
Should the Owner sell all or a 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 to accept, in writing, the terms and conditions outlined in this Agreement. If
this acceptance of the terms and conditions of the 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 owners.
33. REVISIONS TO THIS AGREEMENT
Upon written notification to all parties, the Town, the County and/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 years.
34. AGREEMENT REGISTERED
This Agreement shall be registered by the Town of Tillsonburg against all lands to which it
applies at the cost of the Owner.
17
Town of Tillsonburg Subdivision Agreement
Page 18 of 27
IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this
St day of , 2002.
} EDWIN EARL MCLAUGHLIN
EWART ARNOLD MCLAUGHLIN
WE Have Authority to Bind The Corporation
THE CORPORATION OF THE TOWN OF TILLSONBURG
)
}
Mayor — Iry Horton
)
C.A.O./Clerk — David Morris
THE CORPORATION OF THE COUNTY OF OXFORD
}
Warden —
}
C.A.O./Clerk — Ken Whiteford
18
Town of Tillsonburg Subdivision Agreement
SCHEDULE "A"
SUBDIVISION PLAN
Page 19 of 27
As prepared by Kim Husted, O.L.S., dated March 4, 2002. Phase I being 4 Lots on Tillson Avenue
(1, 2, 14, 15) and Phase II being Lots 3 to 13.
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Town of Tillsonburg Subdivision Agreement
�C`NF111Ii.F "R"
HYDRO AGREEMENT
PHASE l
Page 2 0 of 27
The Owner hereby agrees to pay for the installation of an underground electrical system including
necessary distribution system and appurtenances as designed and approved by the Town which
system shall become the asset of Tillsonburg Hydro Inc. Payment to the Town for this system shall
be as follows which is in accordance with current Tillsonburg Hydro Inc. policy:
40% of the estimated cost to be deposited in cash or certified cheque prior to any
material being ordered by the Town.
❑ 40% of the estimated cost to be deposited in cash or certified cheque with the Town
prior to any buried cable being placed.
❑ Balance of 20% to be paid at substantial completion* or within 60 days after the second
payment, whichever occurs first.
*Substantial completion shall mean all buried cable, transformers and switchgear in
place on future public streets and easements but shall not include the individual
services cable within the limits of any building lot.
❑ Outstanding cost of construction of electrical distribution system shall be included in
services secured under Section 18 Performance Guarantee of the Subdivison
Agreement.
o The Owner shall arrange for and is responsible for costs of all "civil work" i.e., supply
and backfilling of cable trench, installation of transformer pad as supplied by the Town
etc. The Owner is responsible as to the location of installing the electrical distribution
equipment, which will be carried out by the Town's forces or contractors employed by
the Town.
❑ The Owner agrees to pay any additional charges as fixed by the Town on demand
should the requirement for electrical services be changed by request of the Owner.
The cost of labour and materials shall be recalculated by the Town at each twelve-month anniversary
date of the execution of this Agreement and the new cost shall be final and be paid to the Town prior
to construction and/or upon demand of the Town.
Notwithstanding anything contained herein to the contrary, the title to the electrical distribution
system constructed pursuant to this Agreement shall at all times be and remain in Town.
An underground electrical distribution system shall be provided for all lots and blocks within the
Subdivision, except as specified by the Town, and shall be installed according to standards and
specifications approved by the Town.
Each individual commercial and/or industrial development shall be calculated individually by the
Town, and the Owner shall pay accordingly.
The Owner agrees to grant and register, at his own expense, such easements, licenses and right-of-
ways as m;ay be required to effect a proper and adequate installation of the said works for the
consideration of S 1.00, receipt of which by the Owner is hereby acknowledged.
20
Town of Tillsonburg Subdivision Agreement Page 21 of 27
No work shall be done by the Town until all such easements are provided and the documents
connected with the easements are properly registered.
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 to enter into this
Agreement and to enforce each and every term, covenant and condition thereof and this provision
may be pleaded by the Town in any such action or proceeding as a complete and conclusive estoppel-
of
stoppelof any denial of such right.
The Owner agrees that this Agreement refers to permanent installations only and installed by the
Town between the fifteenth day of May and the fifteenth day of November in any year. In the event
the Owner shall require:
(a) temporary service, either underground or overhead and/or
(b) permanent installation at any time between the fifteenth (15`") day of November and May in
an;v year or years, the Town shall install sarne at the request of the Owner upon payment by
the Owner to the Town within ten days following the said installation at such extra charge
as the Town and the Owner shall agree upon prior to the said installation.
The Owner agrees to pay the Town for the installation and removal of any temporary lines required
to maintain electrical service to existing buildings whose service has been or will be interrupted by
the construction of the development and the Owner also shall remove at its own expense any existing
overhead or underground privately owned electric lines from the development immediately after the
permanent electrical distribution lines are installed upon receiving written notice to the Owners.
The Owner agrees in the event that the said installation shall be partially completed by the Town and
the Owner shall abandon the said development or become bankrupt or insolvent, or by law be
prohibited from continuing, the Town shall be at the liberty to terminate this Agreement upon
sending to the Owner a notice in writing of the Town's intention to terminate this Agreement and
same shall terminate forthwith following the elapse of seven days after the mailing of the said notice
as herein provided, and in the event the Town shall then not have expended the total cost as herein
set forth such unexpected sum, if any, shall be retained by the Town for its own use absolutely as
liquidated damages and not as a penalty, for the purpose of completing the said works.
THE OWNER ACKNOWLEDGES THAT THE SAID WORKS SHALL BE INSTALLED IN
ACCORDANCE WITH THE FOLLOWING:
RECOMMI-LADED MINIMUM CONDITIONS APPLYING TO THE INSTALLATION OF AN
UNDERGROUND ELECTRICAL DISTRIBUTION SYSTEM TO RESIDENTIAL
SUBDIVISIONS
(a) Installation of sewer and water facilities must be complete. This includes lateral connections.
(b) Gravel road base must be completed and boulevards must be level and graded to within ± six
(6) inches of finished grade, with finished grade indicated to the requirement of the Town.
(c) Areas requiring electrical power during the winter must be ready to receive the underground
systern in early fall. The Town reserves the right to recover from the Owner extra costs
resulting from inclement weather.
(d) The electrical distribution system layout is based on the subdivision as laid out according to
Registered Plan. Any deviation from this or any changes in lot could necessitate a complete
new layout. Therefore, it is imperative that the Town be consulted before any changes are
approved. Should such changes occur after any or all of the electrical plant is installed,
alterations will be made at the expense of the party applying for such change. Evidence shall
be taken from Committee of Adjustment records in case of dispute regarding lot changes.
(e) The Town is unable to guarantee any date on which power will be available to any specific
area.
21
Town of Tillsonburg Subdivision Agreement
Page 2 2 of 27
(f) Requests for temporary building power or temporary full capacity service must be made as
soon as possible. These facilities when available will be provided at the cost of the party
requesting such service. Labour and unrecoverable material will be charged for erection and
dismantling.
WORKS TO BE INSTALLED
(a) Supply and installation of an electrical distribution system including underground service. The
service trench from the lot line in, if done at a later date, will not be provided by the Town and
will be provided by the Owner or the person(s) requesting the connection of the service.
(b) Individual services in accordance with all Tillsonburg Hydro Inc., regulations of 120/240 volts
single phase power supply for each single family, domestic installation; primary voltage power
supplies to all other land areas within the subdivision. Decision as to type of utilization voltage
rests with the Town.
(c) Electrical service for multiple dwelling or commercial project to be separately negotiated.
(d) The cost of the supply system including trunk feeders, subtransmission facilities, substations,
transformer stations, etc., required to feed the subdivision will be borne by the Town.
INSTALLATION AND ROAD GRADES
(a) The Owner agrees that he will provide grading in all areas where underground wiring is to be
installed prior to the installation of this underground wiring and that the grading shall be such
that it is within six inches of the final grade for the area.
(b) Where underground fixtures are to be installed which will be required to be at or near the
finished grade, such as transformer vaults, pads, junction boxes, switching compartment and
the like, the Owner agrees that he will provide, at no cost to the Town, the necessary surveyor
to supervise the setting of these fixtures at the proper grade.
(c) Following the completion of the installation of the underground electrical distribution system,
no excavation will be carried out in the development without the Owner or contractors or sub-
contractors requesting locations from the Town as to the whereabouts of the underground
wiring.
(d) The Town agrees to order all necessary materials for the construction of the underground
electrical distribution system on receipt of a copy of the completed agreement and on receipt of
the agreed on Owner's payments, but this will in no way bind the Town to a date upon which
services will be provided.
(e) The Owner shall be responsible for the total costs associated with the repair of any damage to
the said works which said damage is caused during the course of construction of buildings on
the said lands.
(f� The Owner shall indemnify the Town from and against all damage caused by the Owner, its
employees, servants, agents and contractors to the works installed by the Town and any such
amounts shall be in addition to the payments otherwise required to be made by the Owner
hereunder.
(g) The Town shall give to the Owner notice of any claims arising under the Paragraphs
immediately above forthwith upon the report of any such damage to the Town and shall assist
the Owner in detennining the person or corporation responsible for such damage and in
recovering compensation therefor.
(h) The Town agrees upon receipt of the necessary materials to commence the said construction
and maintain construction, subject to strikes, riots, actions of the Queen's enemies, inclement
weather, lockouts, fire, unusual delay by common carriers or suppliers of materials or
unavoidable casualties or by any other cause of any kind whatsoever beyond the Town's
22
Town ofTillsonburg Subdivision Agreement
control.
Page 2 3 of 27
(i) This Agreement shall ensure to the benefit of and be binding upon the successors and assigns
of the parties hereto.
Should this policy change to reflect Province of Ontario legislation or regulations effecting the
electrical distribution requirements, such amended policy shall be applied to the next stages of
Subdivision Development following the date of implementation of such change.
23
Town of Tillsonburg Subdivision Agreement Page 2 4 of 27
SUMMARY OF ESTIMATED SERVICING COSTS
PLAN 32T — 96001
EDWIN & EWART MCLAUGHLIN
TOWN OF TILLSONBURG
PHASE I & II
PHASE I
A) Construction Cost - Sanitary and Storm Severs, Watermain
and Roadwork X89,959.39
B) Electrical Distribution System — see Schedule B
C) Street Light System 0
D) As Constructed Drawings — Phase I & II 7,500.00
E) Fencing 21000.00
TOTAL $999459.39
PHASE II
A) Construction Cost - Sanitary and Storm Sewers, Watermain
and Roadwork $268,132.72
B) Electrical Distribution System — see Schedule B
C) Street Light System 61000.00
D) Fencing 7,200.00
E) Park Development — Phase 11 51000.00
TOTAL $2869332.72
NOTE: Construction Cost Estimate provided by L.A. Girard Engineering (Ontario) Ltd.,
Consulting Engineers
24
Sandy Court - Phase 1 - 4 lots on Tillson Ave (1, 2, 14, 15)
Servicing Coat Estimate April 2002
Item Quantity Unit Unit Cost Extension
Sanitary Sewers
200 mm Pipe 132 m $55.00 $7,260.00
(2.4 - 3.5m deep)
Manholes 3 ea $2,800.00 $8,400.00
(2.6 - 3.7m deep)
125 mm services 6 ea $365.00 $2,190.00
Subtotal Sanitary Sewers $17,850.00
Storm Sewers
300mm Pipe (1.5m dp)
78 m
$60.00
$4,680.00
375mm Pipe (1.5m dp)
0 m
$70.00
$0.00
400mm Pipe (1.5m dp)
0 m
$80.00
$0.00
450mm Pipe (2.2m dp)
0 m
$90.00
$0.00
DCBMH (1.2m)
0 ea
$3,500.00
$0.00
CBMH (2.2m - 1.2m d)
0 ea
$2,500.00
$0.00
CBMH (2.2m - 1.5m d)
0 ea
$3,500.00
$0.00
MH (2.2m) _
2 ea
$2,500.00
$5,000.00
CB
3 ea
$1,500.00
$4,500.00
DBLCB
0 ea
$2,500.00
$0.00
Stormceptor STA 1500
0 ea
$19,000.00
$0.00
Headwall OPSD 804.03
0 ea
$3,300.00
$0.00
Rip Rap (150mm)
0 cu m
$75.00
$0.00
100 mm services
6 ea
$530.00
$3,180.00
Erosion Control
allowance
$500.00
Subtotal Storm Sewers
$17,860.00
Watermains
100mm Pipe
38 m
$60.00
$2,280.00
200mm Pipe
50 m
$80.00
$4,000.00
Valves (200mm)
1 ea
$765.00
$765.00
Hydrant sets
0 ea
$2,500.00
$0.00
20mm servicE!s
5 ea
$450.00
$2,250.00
Valves (100r -rim)
1 ea
$675.00
$675.00
Valves (300rrim)
2 ea
$1,500.00
$3,000.00
Blowoff
1 ea
$500.00
$500.00
Subtotal Watermains
$13,470.00
Roadwork/Sitework
Cut & Fill
300 cu m
$2.50
$750.00
Gran B (300mm layer)
280 tonnes
$7.00
$1,960.00
Gran A (150mm layer)
120 tonnes
$9.50
$1,140.00
Base Asphalt 50mm
51 tonnes
$58.00
$2,958.00
Surface Asphalt 30mm
31 tonnes
$60.00
$1,860.00
Curb & Gutter
100 m
$30.00
$3,000.00
Sidewalk
75 s m
$30.00
$2,250.00
Blvd topsoil & sod
300 sq m
$5.50
$1,650.00
Driveway ramps
6 ea
$430.00
$2,580.00
Blvd trees
6 ea
$130.00
$780.00
Restoration Allowance
$5,000.00
Subtotal Roadwork/Sitework
$23,928.00
Subtotal Construction
$73,108.00
Eng'g & Contingency (15%)
$10,966.20
Subtotal
$84,074.20
GST (7%)
$5,885.19
Grand Total (Recommended LC
Amount)
$89,959.39
Sandy Court -- Phase 2 - Lots 3 to 13
Servicing Cost Estimate
April 2002
Item
Quantity Unit
Unit Cost
Extension
Sanitary Sewers
200 mm Pipe
136 m
$55.00
$7,480.00
(2.4 - 3.5m dE�ep)
Manholes
2 ea
$2,800.00
$5,600.00
(2.6 - 3.7m deep)
125 mm services
18 ea
$365.00
$6,570.00
Subtotal Sanitary Sewers
$19,650.00
Storm Sewers
300mm Pipe (1.5m dp)
41 m
$60.00
$2,460.00
375mm Pipe (1.5m dp)
128.5 m
$70.00
$8,995.00
400mm Pipe 1;1.5m dp)
0 m
$80.00
$0.00
450mm Pipe 1;2.2m dp)
94.4 m
$90.00
$8,496.00
DCBMH (1.2rn)
0 ea
$3,500.00
$0.00
CBMH (2.2m - 1.2m d)
0 ea
$2,500.00
$0.00
CBMH (2.2m - 1.5m d)
0 ea
$3,500.00
$0.00
MH (2.2m)
4 ea
$2,500.00
$10,000.00
CB
6 ea
$1,500.00
$9,000.00
DBLCB
1 ea
$2,500.00
$2,500.00
Stormceptor STA 1500
1 ea
$19,000.00
$19,000.00
Headwall OPSD 804.03
2 ea
$3,300.00
$6,600.00
Rip Rap (150mm)
10 Cu m
$75.00
$750.00
100 mm services
18 ea
$530.00
$9,540.00
Erosion Control
allowance
$2,500.00
Subtotal Storm Sewers
$79,841.00
Watermains
100mm Pipe
0 m
$60.00
$0.00
200mm Pipe
237 m
$80.00
$18,960.00
Valves (200n -gym)
2 ea
$765.00
$1,530.00
Hydrant sets
2 ea
$2,500.00
$5,000.00
20mm servicE�s
18 ea
$450.00
$8,100.00
Offset ex main (North St)
1 ea
$2,000.00
$2,000.00
Subtotal Watermains
$35,590.00
Roadwork/ Sitework
Cut & Fill
1000 Cu m
$2.50
$2,500.00
Gran B (300mm layer)
1070 tonnes
$7.00
$7,490.00
Gran A (150mm layer)
455 tonnes
$9.50
$4,322.50
Base Asphalt 50mm
154 tonnes
$58.00
$8,932.00
Surface Asphalt 30mm
92 tonnes
$60.00
$5,520.00
Curb & Gutter
275 m
$30.00
$8,250.00
"#*T
Sidewalk
206 s m
Blvd topsoil 8, sod
2100 sq m
Driveway ramps
18 ea
Blvd trees
18 ea
Construct Detention Pond
1 ea
Easement restoration
1 ea
Road Restoration (North St)
1 ea
Relocation of overhead hydre
1 ea
Subtotal Roadwork/Sitework
Subtotal Construction
Eng'g & Contingency (15%)
As Built Drawings
Subtotal
GST (7%)
$ 30.00
$6,180.00
$5.50
$11,550.00
$430.00
$7,740.00
$130.00
$2,34&00
$5,000.00
$5, 000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$9,000.00
$9,000.00
$82,824.50
$217,905.50
$32,685.83
$7,500.00
$258,091.33
$18,066.39 ,
Grand Total (Recommended LC Amount) $276,157.72
Town of Tillsonburg Subdivision Agreement
SCHEDULE "D"
Page 2 5 of 27
SECURITY, CASH, and DEVELOPMENT CHARGE PAYMENTS
PLAN 32T-96001
EDWIN & EWART MCLAUGHLIN
PHASE 1
TOWN OF TILLSONBURG
INTERNAL AND EXTERNAL COSTS — PHASE I
Cash Deposit upon Execution of Subdivision Agreement to Town of Tillsonburg
A ) Construction Cost Estimate $89,959.39
B) Electrical Distribution System As per Schedule "B"
C) Street Light System 8
D) As Constructed Drawings — Phase I & II 71500.00
E) Fencing 21000.00
599,459.39
Development Charge Payments upon Execution Agreement
Sanitary Sewer — 4 Lots 6 homes @ $701.00 per unit $45206.00
Water — 4 Lots 6 homes @ $ 264.00 per unit 1,584.00
$5,790.00
Security Prior to Construction and Registration of Plan of Subdivision
Irrevocable Letter of Credit
Construction Cost Estimate $99,459.39
TOTAL
NOTE: Security for Phase II will be based on current costs and standards.
$ 99,459.39
25
Town of Tillsonburg Subdivision Agreement Page 2 6 of 27
SCHEDULE "D"
SECURITY, CASH, and DEVELOPMENT CHARGE PAYMENTS
PLAN 32T-96001
EDWIN & EWART MCLAUGHLIN
PHASE II
TOWN OF TILLSONBURG
INTERNAL AND EXTERNAL COSTS — PHASE II
Cash Deposit upon Execution of Subdivision Agreement to Town of Tillsonburg
A) Construction Cost Estimate 5268,132.72
B) Electrical Distribution System As per Schedule "B"
C) Street Light System 6,000.00
D) Fencing 7,200.00
E) Park Development — Phase II 5,000.00
$2861,332.72
Development Charge Payments upon Execution Agreement
Sanitary Sexer — 9 Lots 18 Homes @ $701.00 per unit $121618.00
Water — 9 Lots 18 Homes @ $ 264.00 per unit 4,752.00
$17,370.00
Security Prior to Construction and Registration of Plan of Subdivision
Irrevocable Letter of Credit
Construction Cost Estimate $286,332.72
TOTAL
NOTE: Security for Phase II will be based on current costs and standards.
$286,332.72
26
Town of Til)scnburg Subdivision Agreement
SCHEDULE "E"
IMPLEMENTATION SCHEDULE
Page 2 7 of 27
Completion Date
Month/Year
l . Underground Services - Sanitary & Storm Sewers, Watermains Sept. 2002
2. Stormwater Management Pond Sept. 2002
3. Road Construction - including Curbs, Granular A & B, Base Lift Asphalt Sept. 2002
4. Utility Servicing — Hydro, Gas, Telephone, Cable TV Sept. 2002
5. Sidewalks Sept. 2002
6. Street Lighting Sept. 2002
7. Boulevard Restoration — including topsoil and sod Sept. 2002
8. Top Lift Asphalt Sept. 2003
27