3048 To authorize to the execution of certain agreements with respect to the development of lands on North Broadway in the Town of Tillsonburg (Sobeys)THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 3048
A BY-LAW to authorize to the execution of certain agreements with respect to the
development of lands on North Broadway in the Town of Tillsonburg
WHEREAS pursuant to Section 8 of the Municipal Act, 2001, S.O.2001, C.25, a
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this or any other Act,
AND WHEREAS 759414 Ontario Ltd. has applied to the Oxford County Land Division
Committee under File No. B 6/02 for Consent to Sever certain lands for the purpose of
conveying lands to Rock Developments Inc. located on North Broadway in the Town of
Tillsonburg for the purpose of developing a Sobeys Grocery Store and other Highway
Commercial uses which has been granted conditionally including entering into a
Severance Agreement with the Town of Tillsonburg
AND WHEREAS Rock Developments has applied to the Town of Tillsonburg for Site
Plan Approval for development of the Severed Lands herein which Tillsonburg Council
is of the opinion that development of the said lands is not proper and in the public interest
unless Rock Developments Inc agree to perform certain covenants as detailed in the Site
Plan Agreement attached hereto.
AND WHEREAS it is deemed expedient to enter into a Cost Sharing Agreement
between The Town of Tillsonburg, Rock Developments and 759414 Ontario Ltd. for the
purpose of detailing the Sharing of Costs related to development of the lands hereto.
NOW THEREFORE the Council of the Corporation of the Town of Tillsonburg enacts
as follows:
1. That the following Agreements attached hereto are hereby approved:
Schedule "A" Severance Agreement
Schedule "B" Site Plan Agreement
Schedule "C" Cost Sharing Agreement
2. That Schedules "A", "B" and "C" hereto attached are declared to be part of this
by-law as if written and incorporated herein.
3. That the Treasurer may agree and arrange with any bank, person or the County of
Oxford for financing of the Town's Cost herein a temporary basis with payments
from time to time of interest only.
4. That the Mayor and Clerk are hereby authorized to execute the agreements
attached hereto and such other documents to implement the matters herein.
5. This By -Law shall come into force and effect upon enactment.
READ a First, Second and Third Time, Signed, Sealed and Numbered 3048 this 13tH
day of February 2003.
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DYE 6 DURHAM Co. SNC.—Form No. 985
Amended NOV. 1992
Province
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Ontario
Form 4 —Land Registration Reform Act
=(1)Reglmry Land Titles E -j'- (2) Page 1 of pages
i12 o....,e•„ ai�rk Prnoertv
New Property Identifiers
Executions
(8) This Document provides as follows:
() roper y
Identifiers) Additional:
00021 0198 See
Schedule ❑
(4) Nature of Document Application to register Notice of an
Agreement (Section 71 Land Titles Act)
1(5) Consideration
__.__ ONE Dollars $ 1.00
(6). Description
Firstly Part Lot 7, Concession 10, Town of Ti.11sonburg
(formerly Township of Dereham) , County of Oxford
designated as Parts 1, 3, 6, 72 9, 10, 11, 12, Plan 41R
7145, Land Titles Division of the Land Registry Office of
Oxford (No. 41)
Secondly Part Lot 7, Concession 10, Town of Tillsonburg
(formerly Township of Dereham) , County of Oxford
Additional: designated as Parts 2, 4, 5, 8, Plan 41R--7145
Schedule ❑ of the Land Registry tr Office of
Land TitlesDivision g y
Oxford (No. 41)
(7) This (a) Redescription (b) Schedule for:
Additional: Document New Easement
See Contains: Plan/Sketch Additional
Schedule ❑ ❑ Description ❑ Parties ❑ Other []
Continued on Schedule ❑
(9) This Document relates to instrument number(s)
(10) Party(les) (Set out Status.or Interest)
Name(s) Signature(s) Date of Sig
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759414 ONTARIO LIMITED ;2003 X02
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Michelle Park .(8�ecr�etary
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(11) Address
for Service 31 Argonne Crescent, Toronto, Ontario M2K 2K2
(12) Party(les) (Set out Status or Interest)
Name(s) Signature(s) Date of Sig^naturre
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(13) Address
for Service
(14) Municipal Address of Property
690 Broadway
Con 10 S Pt Lot 7
RP 41R857 Part 1
(15) Document Prepared by: J
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#401- 5400 Yonge Street 0
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BETWEEN:
SEVERANCE AGREEMENT
The Corporation of the Town of Tillsonburg ("Tillsonburg")
759414 Ontario Ltd. ("759414")
Rock Developments Inc. ("Rock")
WHEREAS:
A. 759414 applied to the Oxford County Land Division Committee, File No. B-6/02 (the
"Severance Application"), for consent to sever the lands described in Schedule "A" (the
"Entire Lands") into two (2) parcels, the lands described in Schedule "B" (the "Retained
Lands") and the lands described in Schedule "C" (the"Severed Lands").
B. The Severance Application was granted subject to certain conditions, including that the
owners of the Entire Lands enter into this Severance Agreement with Tillsonburg.
C. 759414, Rock, and Tillsonburg wish to set out the terms of an agreement setting out the
respective obligations of 759414 and Rock prior to the severance being effected.
D. This Severance Agreement (the "Severance Agreement") is one component of a
transaction relating to the Retained Lands and Severed Lands. The salient agreements are
contained in this agreement book (the "Agreement Book") as follows:
a. Tab A: Severance Agreement;
b. Tab B: Cost Sharing Agreement;
c. Tab C: Site Plan Agreement; and
NOW THERETOFORE, in consideration of 759414, Rock, and Tillsonburg entering into this
agreement, and the sum of ONE DOLLAR ($1.00) paid by Tillsonburg to 759414 and the sum of
ONE DOLLAR ($1.00) paid by Tillsonburg to Rock, the receipt whereof is hereby
acknowledged, and other consideration, the parties hereto covenant and agree as follows:
1. Schedules
(a) The following schedules form part of this agreement:
(i)
Schedule "A": Description of the Entire Lands
(ii)
Schedule "B": Description of the Retained Lands
(iii)
Schedule "C": Description of the Severed Lands
2. Site Plan Agreements
(a) The Severed Lands shall only be developed in accordance with the Site Plan
Agreement attached as Tab "C" to the Agreement Book.
(b) The Retained Lands shall only be developed in accordance with site plan control.
No structure shall be constructed on the Retained Lands other than in accordance
with site plans submitted to and approved in writing by Tillsonburg pursuant to
the Tillsonburg Site Plan Control By-law.
3. Easement Agreements
(a) Easements shall be granted to Tillsonburg and the County of Oxford to the
satisfaction of the Town of Tillsonburg and the County of Oxford acting
reasonably over Parts 3, 4, 5, 6, 8, 9, 10, and 11 of Plan 41 R-7145.
4. Dedication of Lands for Municipal Collector Road
(a) 759414 shall dedicate to Tillsonburg, without charge and encumbrances, a portion
of the Retained Lands for the purpose of constructing a Municipal Collector Road
Feb. 13, 2003 7:00 p.m.
(the "Collector Road"). This portion of the Retained Lands shall be referred to as
the "Collector Road Lands".
(b) The Collector Road shall extend from the easterly boundary to the westerly
boundary of the Retained Lands. The precise site location of the Collector Road
shall be determined by 759414 and Tillsonburg acting reasonably.
(c) The Collector Road shall be sixty six (66) feet in width. The Collector Road shall
include (but is not limited to) road base, storm drainage, curbs and gutters,
sidewalks on both sides, street lighting and provision for necessary utilities to the
satisfaction of Tillsonburg acting reasonably.
(d) Subject to approval by the Land Division Committee, 759414 and Rock shall
enter into an agreement to provide reciprocal access from the Severed Lands
across the Retained Lands, including access to the Collector Road.
5. Waiver
(a) 759414 and Rock shall not question, directly or indirectly, in law or in equity,
before any administrative tribunal or court, the right of Tillsonburg to enter into
this agreement and to enforce each and every term, covenant and condition herein
contained. This agreement may be placed as an estoppel against 759414 and
Rock in any such case.
(b) 759414 waives its rights to acquire a building permit under the Building Code Act
in respect of the Entire Lands until its obligations under this Severance
Agreement are fulfilled.
(c) Rock waives its rights to acquire a building permit under the Building Code Act
in respect of the Severed Lands until its obligations under this Severance
Agreement are fulfilled.
6. Charging Severed Lands and Retained Lands
(a) The Retained Lands and Severed Lands are charged with their respective
performance of this Severance Agreement.
(b) This Severance Agreement will be registered on title to the Retained Lands and
Severed Lands.
7. Restrictive Covenants
(a) So far as may be, the covenants of 759414 and Rock herein shall be restrictive
covenants running with the land for the benefit of the adjoining lands of
Tillsonburg or such of them as may be benefited thereby and shall be binding on
759414 and Rock, their heirs, executors, administrators, successors and assigns as
owners and occupiers of the said land from time to time.
8. Sight Triangles and Road Widening
(a) At the time determined by Tillsonburg, 759414 and Rock shall dedicate to
Tillsonburg, free of all costs, charges and encumbrances, to the satisfaction of
Tillsonburg:
(i) Any sight triangles deemed necessary by Tillsonburg in conjunction with
the Collector Road;
(ii) Any sight triangles deemed necessary by Tillsonburg in connection with
Crown Highway #19 also known as Broadway.
(iii) Road widening not exceeding ten (10) feet in connection with Crown
Highway #19, also known as Broadway.
9. Archaeological Assessment
(a) At the time of any development of any part of the Retained Lands, 759414 shall,
at its own expense, conduct and submit to the satisfaction of the Minister of
Culture an archaeological assessment of such part of the Retained Lands.
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(b) At the time of any development of the Severed Lands, Rock shall, at its own
expense, conduct and submit to the satisfaction of the Minister of Culture an
archaeological assessment of the Severed Lands.
10. Environmental Review
(a) At the time of any development of any part of the Retained Lands, 759414 shall,
at its own expense and to the satisfaction of Tillsonburg and the County of
Oxford, have an environmental review of such part of the Retained Lands
conducted and submitted that indicates that there are no underground storage
tanks or other buried materials located on the subject property, and, if so, to
undertake the remediation thereof.
(b) At the time of any development of the Severed Lands, Rock shall, at its own
expense and to the satisfaction of Tillsonburg and the County of Oxford, have an
environmental review of the Retained Lands conducted and submitted that
indicates that there are no underground storage tanks or other buried materials
located on the subject property, and, if so, to undertake the remediation thereof.
11. Hydrant Maintenance
(a) The respective property owners agree to enter into a hydrant maintenance
agreement with the County of Oxford. The initial cost of maintenance (fixing,
painting, frost checks, etc.) will be $100.00 + G.S.T. per year per hydrant. The
rate will vary with County policy. The maintenance may be undertaken by the
Town of Tillsonburg as the water distribution service provider for Tillsonburg.
The property owner will pay any cost for upgrades, parts or replacements in the
future as required.
12. Water Flow/Pressure
(a) The respective property owners acknowledge that the water flows/pressures in
this area are not to full municipal standards at this time. The respective property
owners agree to inform any future purchasers or tenants of this fact. The
respective property owners agree that the County may implement external water
use restrictions for the property if the current water pressure zone is negatively
impacted by water use from the property. The respective property owners also
acknowledge that they may have to install on site works for fire flows. The
respective property owners agree to hold harmless the County of Oxford and the
Town of Tillsonburg for any future litigation regarding water flows/pressures
until full municipal standards are in place.
(b) The respective property owners agree that they, or any future owner of this
property, will pay their fair share of costs for a future higher water pressure zone
in this area. The future costs would be based on a fair and equitable basis using
flow and area calculations. The respective property owners, or any future owner,
agree to notify any purchaser of this property of this clause.
13. Costs
(a) All outstanding costs incurred by the County of Oxford relating to the processing
and review of the Severance Application and related studies, including but not
limited to all peer reviews, be paid to the satisfaction of the County Office of
Community and Strategic Planning.
14. Default
(a) Upon failure of 759414 to do any act in accordance with this Severance
Agreement, on thirty (30) days written notice, Tillsonburg, in addition and
without restriction to any other remedy it may have, may collect its costs in a like
manner as municipal taxes and the costs shall form a special lien on the Retained
Lands, in priority to every claim, privilege, lien or encumbrance of every person
except the Crown.
(b) Upon failure of Rock to do any act in accordance with this Severance Agreement,
on thirty (30) days written notice, Tillsonburg, in addition and without restriction
to any other remedy it may have, may collect its costs in a like manner as
municipal taxes and the costs shall form a special lien on the Severed Lands, in
priority to every claim, privilege, lien or encumbrance of every person except the
Crown.
15. Conditional on Other Agreements
(a) This Severance Agreement is conditional upon the execution of the Cost Sharing
Agreement, and Site Plan Agreement.
16. Interpretation
(a) All covenants herein contained shall be construed to be several as well as joint
and wherever the singular and the masculine are used in this agreement the same
shall be construed as meaning the plural or the feminine or neuter where the
context of the parties hereto so require.
17. Binding on successors, executors, administrators and assigns
(a) This agreement shall extend to, be binding on and enure to the benefit of
Tillsonburg, Rock, and 759414 and their respective successors, executors,
administrators and assigns.
18. The parties agree that this agreement may be registered on title to the severed lands and
retained lands.
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THIS AGREMENT shall enure to the benefit and be binding upon the parties hereto, their
respective heirs, executors, administrators, successors and assigns.
In witness whereof the said parties hereto, have hereunto set their hands and seals and the
Corporations have hereunto caused to be fixed their Corporate Seals under the hands of
their duly authorized officers in that behalf of this 14th day of February 2003.
SIGNED, SEALED and DELIVERED
in the presence of (759414 ONTARIO INC.
( Per: Michelle Par ,Secretary
(I have the authority to bind the corporation.
( Per: Rocco Tullio, President
(I have the authority to bind the corporation.
(THE CORPORATION OF THE
(TOWN OF TILLSONBURG
(Mayo
IRV
(CAO/Clerk
(DAVID C. MORRIS
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New Property Identifiers
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(8) This Document provides as follows:
DYE & DUAHAM CO. INC. --Form No. 985
Amended NOV. 1992
Document General D
Form 4 —Land Registration Reform Act
(1) Registry � Land Titles �Y(2) Page 1 of pages
(3) Property Block Property
Identifier(s) Additional:
00021 0198 See
Schedule
(4) Nature of Document
SITE PLAN APPLICATION
(5) Consideration
------ One --------_ 1.00
Dollars $
(6) Description
Part Lot 7, Concession 10, Town of Tillsonburg
(formerly Township Dereham) , County of
Oxford designated as Parts 1, 31 6, 71
9, 10, 11, 12, Plan 41R-7145, Land Titles
Division of the Land Registery Office of
Additional: Oxford (N0. 41)
See ❑Schedule
(7) This (a) Redescription (b) Schedule for:
Additional: Document New EasementSee Additional
Schedule ❑ Contains: Plan/Sketch ❑ Description ❑ Parties ❑ Other ❑)
See Attached Schedule
Continued on Schedule ❑ j
(9) This Document relates to instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s) Signatur s) Date of Signature
Y M D
TH.E...CORPORATION..OF...THE'...T.OG�N.............!�-".........................,............... ...................
.... .
Mayor- Iry Horton 2003 1 m2 `1.4
OF TILLSONBURG
..................................................................................... .. ....... ....... , ....................... ;.......... ............;.........
..................................................................................................... ............i.................
CAO Clerk
Dave Morris ; 2003 02 `14
;
(11) Address 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7
for Service
(12) Party(les) (Set out Status or Interest)
Name(s) i nature(s) Date of Signature
J Y M D
ROCK DEVELOPMENTS INC.
.......................................................................................... ....
Rocco Tullio, President 2003 :02114
...................................................................................................... ..I........... have....the...authorl.ty...t�........... , ............,.........i........
bind the Corporation.
................................................................................................................................................................ , .
(13) Address 13275 Tecumseh Rd -E. Tecumseh, ON N8N 3T4
for Service 1111
(14) Municipal Address of Property (15) Document Prepared by: �. Fees and Tax
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BETWEEN:
SITE PLAN AGREEMENT
The Corporation of the Town of Tillsonburg ("Tillsonburg")
and
Rock Developments Inc., an Ontario Corporation ("Rock")
WHEREAS:
A. 759414 Ontario Ltd. ("759414") owns and has agreed to sell to Rock the lands described in
Schedule "A" (the "Severed Lands");
B. This Site Plan Agreement (the "Site Plan Agreement") is one component of a transaction
relating to the Severed Lands. The salient agreements are contained in this agreement book
(the "Agreement Book") as follows:
a. Tab A: Severance Agreement;
b. Tab B: Cost Sharing Agreement;
c. Tab C: Site Plan Agreement; and
C. Pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13 (the "Planning Act"),
Tillsonburg enacted By-law 2932, a by-law to establish Site Plan control.
D. Rock Developments Inc. applied to Tillsonburg for site plan approval (Application No. TSCP
7-92 of Rock's proposed development of the Severed Lands.
E. Tillsonburg Council is of the opinion that development of the Severed Lands is not proper and
in the public interest unless Rock agrees to perform the covenants herein set forth.
F. Tillsonburg and Rock enter into this agreement as a condition to the approval pursuant to
section 41 of the Planning Act.
NOW THERETOFORE, in consideration of Rock, and Tillsonburg entering into this agreement,
and the sum of ONE DOLLAR ($1.00) paid by Tillsonburg to Rock, the receipt whereof is hereby
acknowledged, and other consideration, the parties hereto covenant and agree as follows:
1. Schedules
(a) The following schedules form part of this agreement:
(i) Schedule "A": Description of the Severed Lands;
(ii) Schedule "B": Site Plans
(iii) Schedule "C": Conditions
2. Plans
(a) Rock shall develop the Severed Lands in accordance with the site plans attached as
Schedule "B", subject only to such changes as Tillsonburg may or may not agree to in
writing in advance. Such development shall be to the satisfaction of Tillsonburg.
(b) No building permit shall issue and no structure shall be erected with respect to the
Severed Lands except in accordance with Site Plans and Elevation Plans approved by
Tillsonburg.
(c) Tillsonburg may treat any breach of this Site Plan Agreement as a breach of
Tillsonburg's building by-law, and upon twenty-four (24) hours notice to Rock, stop
work until the breach is rectified.
(d) The Site Plans and Elevation Plans shall be in such detail as outlined in Tillsonburg
Site Plan Control By-law number 2932, as passed on February 14, 2000.
3. Conditions
(a) Rock agrees to satisfy, to the satisfaction of Tillsonburg, the conditions of development
of the Severed Lands as set out in Schedule "C".
4. Maintenance Provision
(a) Rock shall cause to be provided, constructed and maintain, as the case may be, at its
expense, all of the facilities and works required by this Site Plan Agreement (the
"Facilities and Works").
5. Time for Completion of Works
(a) Rock shall complete the Facilities and Works within nine months from date of signing.
(b) If the Facilities and Works have not been completed then Tillsonburg in its sole
discretion may revoke its approval of the plans and drawings and may terminate this
Site Plan Agreement by giving notice in writing and by registering a notice that the
approval is revoked and this Site Plan Agreement is terminated.
6. Security for Performance
(a) Rock agrees to provide to Tillsonburg cash, an irrevocable Letter of Credit from a
Canadian Chartered Bank in favour of Tillsonburg, or other security in a form
satisfactory to Tillsonburg (the "Security") in the amount of S 100,000 as security to
ensure due performance of all matters required by this Site Plan Agreement. If the
Security is provided by way of a Letter of Credit, the Letter of Credit shall be
renewable automatically and shall contain a term to the effect that such Letter of Credit
shall not be cancelled except upon at least 30 days notice to Tillsonburg. In addition a
100% Performance Bond shall be provided.
(b) The Security shall be held by Tillsonburg as a security deposit for the performance of
Rock's obligations under this Site Plan Agreement. The Security shall not be deemed
to limit the liability of Rock as aforesaid. Tillsonburg shall provide 10 (ten) days
written notice to Rock of any alleged deficiency of Rock's obligations under this
agreement. In the event that Rock has not cured the default within 10 days of receipt of
the notice, or commence the work in the event that the nature of the default is incapable
of being cured within 10 days, Tillsonburg may deduct from the Security any amount
payable to Tillsonburg pursuant to this Site Plan Agreement which deduction shall not
operate as a waiver of any of Rock's obligations under this agreement. Draws on the
Letter of Credit may be made on written certification of Tillsonburg given to the
financial institution issuing the Letter of Credit stating that monies are payable to
Tillsonburg pursuant to the terms of this Site Plan Agreement and setting out the
amount so payable.
(c) The Security shall be returned to Rock upon completion of Rock's obligations under
this Site Plan Agreement.
(d) Rock agrees that if the costs of obtaining compliance with the terms of this Site Plan
Agreement exceed the value of the Security, Tillsonburg is authorized by Rock to add
such excess to the tax collector's roll against the Severed Land, to be recovered in a
like manner as municipal taxes and the costs shall forth a special lien on the Severed
Land, in priority to every claim, privilege, lien or encumbrance of every person except
the Crown.
7. Expenses of Dedication
(a) Rock shall have an Ontario Land Surveyor prepare and deposit on title a reference plan
describing the lands being dedicated and conveyed to Tillsonburg for road widening,
municipal services and utility easements or any other purpose under this agreement.
Rock shall bear all expenses for the preparation, deposit registration of the reference
plan, if required, and the deed or transfer or grant of easement to Tillsonburg.
8. Municipality's Right to Enter
(a) Tillsonburg or any of its officers, servants or agents may from time to time, at all
reasonable times and upon producing proper identification, enter upon the Severed
Lands for the purpose of inspecting the facilities and works to be provided and
maintained under this agreement and for the purpose of providing or maintaining at
Rock's expense the facilities and works in default of Rock providing or maintaining the
same where such default has continued for seven (7) days or more. Tillsonburg, its
officers, servants and agents shall not be liable to Rock or any occupant of the Severed
Lands for any losses or damages of any kind whatsoever arising in any way from entry
for such purposes.
(b) Nothing in this agreement shall impose upon Tillsonburg any duty or obligation to
inspect or examine the Severed Lands for compliance or non-compliance or to provide
any opinion or view respecting any condition of development or to request or require
compliance with the conditions of this agreement.
9. Preparation and Registration of Site Plan Agreement
(a) Tillsonburg shall prepare and Rock shall register this agreement against the Severed
Lands. Registration fees shall be at the sole expense of Rock. Upon registration, Rock
shall, at his, her or its expense, provide to Tillsonburg a certificate of title prepared by
an Ontario solicitor in good standing and addressed to Tillsonburg certifying that Rock
is the Owner of the Severed Lands.
10. Waiver
(a) Rock shall not question, directly or indirectly, in law or in equity, before any
administrative tribunal or court, the right of Tillsonburg to enter into this agreement and
to enforce each and every term, covenant and condition herein contained. This
agreement may be placed as an estoppel against Rock in any such case.
(b) Rock waives its rights to acquire a building permit under the Building Code Act in
respect of the Severed Lands until its obligations under this Severance Agreement are
fulfilled.
11. Charging Severed Lands
(a) The Severed Lands are charged with performance of this Site Plan Agreement.
(b) This Site Plan Agreement will be registered on title to the Severed Lands.
12. Restrictive Covenants
(a) So far as may be, the covenants of Rock herein shall be restrictive covenants running
with the land for the benefit of the adjoining lands of Tillsonburg or such of them as
may be benefited thereby and shall be binding on Rock, its heirs, executors,
administrators, successors and assigns as owners and occupiers of the said land from
time to time.
13. Remedies
(a) In addition to any remedy authorized or permitted by this agreement or by law,
Tillsonburg may, in default of any matter or thing required to be done by Rock under
this agreement, do such matter or thing at its expense, and Tillsonburg may recover the
expense incurred in doing it by action, by the Security or by recovery in like manner as
municipal taxes and shall form a special lien on the Severed Lands, in priority to every
claim, privilege, lien or encumbrance of every person except the Crown.
(b) No proceeding by Tillsonburg under this clause and no waiver under any provision of
this agreement shall prejudice the rights of Tillsonburg in respect of any subsequent
default or any matter or thing required to be done by Rock under this agreement. The
rights of Tillsonburg may be enforced by any remedy authorized or permitted by this
agreement or by law, and no such remedy shall be exclusive of or dependent on any
other remedy.
14. Indemnity
(a) Rock agrees to indemnify and hold harmless Tillsonburg from and against all liability,
claims, demands, actions, causes of action costs, including legal costs, charges,
damages, interest, expenses, occasioned wholly or in part which Tillsonburg may at any
time incur, be liable for, sustain or be put into for any reason or by reason of or in
consequence of Tillsonburg entering into this agreement.
15. By-laws
(a) Notwithstanding any of the provisions of this agreement, Rock shall be subject to all
by-laws of Tillsonburg. In any event of conflict between the provisions of this
agreement and the provisions of any by-law of Tillsonburg, the provisions of the by-
law shall prevail.
16. Conditional on Other Agreements
(a) This Site Plan Agreement is conditional upon the execution of the Severance
Agreement, and Cost Sharing Agreement.
17. Notice
(a) Any notice given under this agreement may be delivered, faxed or sent by registered
mail as follows:
To Rock: 13275 Tecumseh Road East
Tecumseh, ON
N8N 3T4
Attention: Rocco Tullio
To Tillsonburg: Town of Tillsonburg
200 Broadway, 2"d Floor
Tillsonburg, ON
N4G 5A7
Notice made or given by personal delivery shall be conclusively deemed to have been
given on the day of actual delivery thereof and, if made or given by registered mail, on
the 6t" business day following deposit in the mail, or if made by fax before 5:00 p.m. on
a business day on the date of transmission and otherwise on the next business day
following the date of transmission.
18. Interpretation
(a) All covenants herein contained shall be construed to be several as well as joint and
wherever the singular and the masculine are used in this agreement the same shall be
construed as meaning the plural or the feminine or neuter where the context of the
parties hereto so require.
19. Binding on successors, executors, administrators and assigns
(a) This agreement shall extend to, be binding on and enure to the benefit of Tillsonburg
and Rock and their respective successors, executors, administrators and assigns.
This agreement shall ensure to the benefit of and be binding upon the parties hereto, their heirs,
executors, administrators, successors and assigns.
In witness whereof the said parties hereto, have hereunto set their hands and seals and the
Corporations have hereunto caused to be fixed their Corporate Seals under the hands of their
duly authorized officers in that behalf of this 14th day of February 2003.
SIGNED, SEALED and DELIVERED
in the presence of (ROCK DEVELOPMENTS INC.
( Per: Rocco Tullio, President
(I have the authority to bind the corporation.
(THE CORPORATION OF THE
(TOWN OF TILLSONBURG
(Mao
(112 IO
ON
(ItAORNe'rk
(DAVID C. MORRIS
SCHEDULE "A"
Lepal Description:
Firstly Part Lot 7, Concession 10, Town of Tillsonburg (formerly Township of Dereham), County of
Oxford, designated as Parts 1, 3, 6, 7, 9, 10, 11, 12, Plan 41R-7145, Land Titles Division of the Land
Registry Office of Oxford (No. 41).
Secondly Part Lot 7, Concession 10, Town of Tillsonburg (formerly Township of Dereharn), County
of Oxford, designated as Parts 2, 4, 5, 8, Plan 41R-7145, Land Titles Division of the Land Registry
Office of Oxford (No. 41).
SCHEDULE "B"
(Approved Site and Elevation Drawings)
Site Plan Drawings prepared by Stantec Consulting Ltd., Windsor, Ontario, dated February 13, 2003,
including:
1. SP -1 Site Plan
2. SP -2 Site Servicing Plan
3. 3396 Site Plan, Key Plan, Legend and Notes, Sheets 1 to 9 inclusive
4. Elevation Plan A03, dated September 2002, prepared by Traugott Construction, Kitchener,
Ontario.
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Dual
Schedule B
1. Final grades and elevations shall be established to the satisfaction of Tillsonburg in accordance
with the attached site plans.
2. All surface and roof drainage shall be controlled on site and taken to an outlet approved by
Tillsonburg and Long Point Regional Conservation Authority.
3. All necessary provisions for service connections on site shall be made to the satisfaction of the
Tillsonburg, as the case may be.
4. Construction work shall be carried forward expeditiously in a good and workmanlike manner,
in accordance with good trade practice and so as to cause a minimum of nuisance. All
necessary precautions to avoid dust, noise and other nuisances and to provide for the public
safety will, so far as possible, be taken and which comply with the Construction Safety Act.
5. All necessary care will be taken to see that mud and soil is not tracked or spilled onto any
public highway.
6. All parking lots if ever required will be paved with hot mix asphalt or concrete to the
satisfaction of Tillsonburg and have poured in place permanent bumper curbing along all
parking areas.
7. Driveways shall be constructed using good engineering practices to the satisfaction of
Tillsonburg.
8. Rock covenants and agrees to indemnify and save harmless Tillsonburg from any loss
whatsoever arising out of or pursuant to the execution of this Agreement and the issuing of a
building permit for any construction on the subject land. This indemnification shall apply to
all claims, demands, costs and expenses in respect to the development of the subject lands as
set out in this Agreement.
9. Rock shall provide Tillsonburg and the County of Oxford 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 Tillsonburg and the County of
Oxford.
10. Building elevation and cross -Section Drawings shall be submitted as part of the final site plan
approval drawings, to the satisfaction of Tillsonburg.
11. A revised landscape plan shall be submitted to include the specific location, type and size of
plantings in the landscape area in front of the proposed retail "A" building and the location,
type and size of required planting strips along the southerly and easterly lot lines, to the
satisfaction of Tillsonburg. In the event that trucks are deemed to be a nuisance, the Owner
shall provide a provision of a 4 m (13.1 ft) high planting strip to visually screen the residential
properties from truck traffic adjacent to the loading dock area and truck loading access route to
the rear of the building.
12. The location of the planting strip and other landscaping on the site plan and landscaping plan
shall be revised so that the two plans correspond.
13. The minimum 1.2 m (3.9 ft.) high planting strip shall be installed along the northerly lot line of
the subject property, in accordance with the Tillsonburg's Zoning By -Law, unless a minor
variance is obtained to vary this requirement.
14. A "hold hannless" agreement shall be entered into protecting the Town from any potential
liability from stray balls originating from the driving range to the north, to the satisfaction of
the Town.
15. A cross access agreement shall be entered into and filed with the Tillsonburg between Rock
and 759414 Ontario Ltd., providing for a shared internal service road across the adjacent
property to the north for primary truck access, at such time as the collector road off of
Broadway is constructed. Any grading, paving, curbing, etc., necessary to connect the site to
the future shared internal service road will be constructed to the satisfaction of the Town at the
Owner's expense.
16. A storm drainage plan shall be approved and implemented to the satisfaction of Tillsonburg's
Engineer.
17. Rock shall dedicate lands for a road allowance extension of Bobolink Drive to Tillsonburg at
no cost as shown on the Site Plan to the satisfaction of the Town. The required planting strip
along the westerly edge of this road allowance extension shall be located in its entirety on the
subject property.
18. Rock shall provide internal sanitary and storm sewers, watennains and grading to the
satisfaction of Tillsonburg.
19. Rock shall:
(a) to contribute $2,500 annually for a period of 20 years to the Board of Management of
the Tillsonburg Business Improvement Area (the "B.I.A.:) to be used towards
beautification, maintenance and promotion for the Improvement Area.
(b) if desired by the B.I.A., contribute its time and efforts to assist the B.I.A. in organizing
an annual event to promote the downtown.
(c) participate and have due regard to recommendations of an Advisory Board consisting
of representatives of the Tillsonburg BIA, Chamber of Commerce, Economic
Development Advisory Committee and Town Council which shall have the following
functions:
(i) Review of uses proposed for the subject property other than the grocery store.
20. All signs are to comply with the Tillsonburg Sign By-laws.
21. Rock shall provide clearly marked directional signs to be installed for all one-way lanes.
22. All deliveries to the grocery store on the site (Sobeys) shall be restricted to the hours
between 7:00 a.m. and 7:00 p.m.
23. All lighting shall be installed on the subject property be in accordance with I.E.S.
Standards to the satisfaction of Tillsonburg.
24. All necessary easements shall be granted to Tillsonburg and/or the County of Oxford free
of all costs and encumbrances.
25. Sidewalks shall be constructed along Broadway at such time in the future and at the cost of
Rock.
26. A sidewalk connecting the existing concrete pad in front of proposed Retail "A" to the
proposed sidewalk along the east side of Broadway shall be constructed at Rock's expense,
to the satisfaction of the Town, at such time as the sidewalks are constructed along
Broadway.
27. It shall be the responsibility of Rock to maintain the existing and proposed planting strips
along the southerly and easterly lot lines in a condition satisfactory to the Town.
28. Truck lanes and required fire routes are to be clearly marked with appropriate signage.
29. The garbage enclosure to the rear of retail pad `A' should be a minimum of 2 m (6.6 ft) in
height and be constructed of a low maintenance durable material e.g. brick or block, in
accordance with the Town's Site Plan Guidelines.
30. The Owner shall remove the existing the fire hydrant on Bobolink Drive and install a new
fire hydrant at a location to be determined which will have a 4 inch storz connection plus
four bollards if required.
31. The Owner shall revise the swale along the northerly edge of the property to carry a 100 -
year pre -development flow from the property to the north if required by existing municipal
policy or standard engineering practice.
32. The Owner shall provide a signed copy of the elevation plan from Traugott Construction
(Kitchener) Ltd.
33. Whenever the words "to the satisfaction of Tillsonburg" are used they shall be deemed to
include "acting reasonably, in accordance with the attached site plans or other plans to be
filed as provided herein.
COST SHARING AGREEMENT
BETWEEN:
The Corporation of the Town of Tillsonburg ("Tillsonburg")
759414 Ontario Ltd. ("759414")
Rock Developments Inc. ("Rock")
WHEREAS:
A. 759414 is the registered owner of the lands described in Schedule "A" (the "Retained
Lands");
B. 759414 has agreed to sell to Rock the lands described in Schedule "B" (the "Severed
Lands");
C. This Cost Sharing Agreement (the "Cost Sharing Agreement") is one component of a
transaction relating to the Retained Lands and Severed Lands. The salient
agreements are contained in this agreement book (the "Agreement Book") as follows:
a. Tab A: Severance Agreement;
b. Tab B: Cost Sharing Agreement;
c. Tab C: Site Plan Agreement; and
D. This Cost Sharing Agreement relates to the provision of services (the "Services") to
the Retained Lands and the Severed Lands. In general terms, the costs of the Services
include but are not limited to the provision of a watermain, sanitary sewers, storm
sewers, road work (including curbs, gutters, sidewalk and traffic signal), hydro
service, land and survey costs, and engineering costs.
NOW THERETOFORE, in consideration of 759414, Rock, and Tillsonburg entering into this
agreement, and the sum of ONE DOLLAR ($1.00) paid by Tillsonburg to 759414 and the sum of
ONE DOLLAR ($1.00) paid by Tillsonburg to Rock, the receipt whereof is hereby
acknowledged, and other consideration, the parties hereto covenant and agree as follows:
1. Schedules
(a) The following schedules form part of this agreement:
(i) Schedule "A": Description of the Retained Lands;
(ii) Schedule "B": Description of the Severed Lands;
(iii) Schedule "C": Services to be Provided.
2. Services to be Provided
(a) The Services being provided by Tillsonburg to the Retained Land and the Severed
Land are set out in Schedule "C". Tillsonburg shall use its best efforts to have
construction commenced by March 15, 2003, and to be completed no later than
May 31, 2003.
3. Cost Sharing
(a) Tillsonburg, 759414, and Rock shall contribute to the cost of the Services as
follows:
(i) Rock shall pay to Tillsonburg not later than February 14, 2003:
(a) The sum of Three Hundred and Fifty Thousand ($350,000.00)
Dollars less the the sum of Seventy-five Thousand ($75,000.00) in
consideration of Rock completing a grade elevation change on the
-2 -
Severed Lands in accordance with the Site Plan Agreement less the
sum of Thirty Thousand ($30,000.00) Dollars previously paid to
Tillsonburg by Rock as a deposit toward off-site infrastructure
improvements to be undertaken by Tillsonburg (the "Off -Site
Services Contribution")
(b) the sum of Ten Thousand ($10,000.00) Dollars as a contribution
to the legal fees incurred by the Town in relation to the severance
and zoning applications and all associated appeals related Retained
and Severed Lands and the preparation of the agreements
contemplated in this agreement (the "Rock Legal Contribution");
(c) A deposit in the amount of One Hundred Thousand ($100,000.00)
Dollars as a security deposit for the performance of the obligations
of Rock under the Site Plan Agreement (the Site Plan Security
Deposit") The Site Plan Security Deposit shall be refundable to
Rock in accordance with section 4 of this agreement.
(d) Tillsonburg agrees that Rock's total contribution (the "Rock
Constribution") is the net amount of Three Hundred and Fifty Five
Thousand ($355,000.00) being the sum of the Off Site Services
Contribution plus the Rock Legal Contribution plus the Site Plan
Security Deposit.
759414 shall pay to Tillsonburg:
(a) At the time of the development of the Retained Lands the sum of
Two Hundred and Seventy Thousand ($270,000.00) Dollars (the
"759414 Contribution").
(b) On February 14, 2003 the sum of Ten Thousand ($10,000.00)
Dollars as a contribution to the legal fees incurred by the Town and
in satisfaction of all claims for legal and engineering fees in
relation to the severance and zoning applications and all associated
appeals related to the Entire Lands to the date hereof (the 759414
Legal Contribution").
(c) At the time of the development of the Retained Lands 759414
agrees that a contribution to Tillsonburg to the extension of the
hydro line north on Broadway shall be negotiated between 759414
and Tillsonburg.
(d) Except as 759414 and Tillsonburg may otherwise agree, the
759414 Contribution shall be payable prior to the issuance of a
building permit in relation to the Retained Lands.
(A) If 759414 and Tillsonburg fail to come to such a further
agreement then the 759414 Contribution shall be payable in
full prior to the issuance of a building pen -nit in relation to
the Retained Lands.
(B) Rock has no rights in relation to both the 759414
Contribution and any such further agreement between
Tillsonburg and 759414.
4, Cash Deposit and Performance Bonds by Rock
(a) To secure its obligations under this Agreement, Rock shall deposit with
Tillsonburg, prior to the issuance of a building permit in relation to the Severed
Lands, the following:
(i) the Off -Site Services Contribution;
(ii) the Site Plan Security Deposit; and
(111) evidence of a Performance Bond from the contractor retained by Rock
equal to 100% of the cost of the site services to be contructed on the
Severed Lands.
(b) Upon Tillsonburg's receipt of progress certificates or invoices as certified for
payment under awarded contracts for the Services, Tillsonburg shall deliver a
copy thereof to Rock. The amount secured by Site Plan Deposit shall be refunded
-3 w
to Rock by Tillsonburg upon completion of the obligations of Rock contained in
the Site Plan Agreement.
(c) The amount secured by cash shall not, at any reasonable time, be less than such
amount as Tillsonburg shall reasonably consider necessary to secure the
remainder of Rock's obligations for the cost of the Services.
5. Conditional on Other Agreements
(a) This Cost Sharing agreement is conditional upon the execution of the Severance
Agreement, and Site Plan Agreement.
6. Interpretation
(a) All covenants herein contained shall be construed to be several as well as joint
and wherever the singular and the masculine are used in this agreement the same
shall be construed as meaning the plural or the feminine or neuter where the
context of the parties hereto so require.
7. Binding on successors, executors, administrators and assigns
(a) This agreement shall extend to, be binding on and enure to the benefit of
Tillsonburg, Rock, and 759414 and their respective successors, executors,
administrators and assigns.
8. Contributions to the Town by Others
(i) As between Rock, 759414, and Tillsonburg, Tillsonburg shall pay for the
remaining costs of the Servicing.
(a) Tillsonburg may obtain contribution towards the cost of the
Services from individuals and corporations other than Rock and
759414. Such contribution shall be to the sole benefit of
Tillsonburg.
(b) Except as otherwise agreed by Tillsonburg, any contribution by
any individual or corporation to the cost of the Services shall be to
the sole benefit of Tillsonburg and shall not benefit 759414 or
Rock.
IN WITNESS WHEREOF the Parties have duly executed this Agreement as of the date and
year first above written.
SIGNED, SEALED AND DELIVERED
in the presence of ) 759414 ONTARIO INC.
Ole
Per:
Michelle Park, cretary
I have authority to Rhd the corporation.
ROCK DEVELOPMENTS INC.
f
Per:
Rocco Tullio, President
I have authority to bind the corporation.
THE CORPORATION OF THE TOWN OF
)TILLSONBURG
(Ma�c(�-t CIO,
TO
(CAO/Clerk
(DAVID C. MORRIS
-5 -
SCHEDULE "A"
LEGAL DESCRIPTION OF THE RETAINED LANDS
Part of Lot 7, Concession 10, Town of Tillsonburg, County of Oxford more particularly
described as Parts 2, 43 5 and 8 on Plan 41 R-7145
SCHEDULE "B"
LEGAL DESCRIPTION OF THE SEVERED LANDS
Part of Lot 7, Concession 10, Town of Tillsonburg, County of Oxford more particularly
described as Parts 1, 3, 6, 7, 9, 10, 11 and 12 on Plan 41 R-7145
_7_
SCHEDULE "C"
SERVICES TO BE PROVIDED