3213 To authroize the entering into a pre-servicing agreement between 911714 ONTARIO INC., The Town of Tillsongburg and the County of OxfordTHE CORPORATION OF THE TOWN ON TILLSONBURG
By-law No. 3 213
BEING A BY-LAW TO AUTHORIZE THE ENTERING INTO A PRE -
SERVICING AGREEMENT BETWEEN 911714 ONTARIO INC., THE TOWN
OF TILLSONBURG AND THE COUNTY OF OXFORD
WHEREAS, the Owner of Part Lot 270, Plan 500, in the Town of Tillsonburg being
Part 2 on Reference Plan 41R-4217 intends to subdivide the property and develop it
into building lots.;
AND WHEREAS the attached ainending agreement being "Schedule A" forms part of
the aforementioned Subdivision Agreement;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
TILLSONBURG ENACTS AS FOLLOWS:
1. THAT the Agreement attached hereto and marked Schedule "A" 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 Schedule "A" annexed hereto is declared to be part of this By-law
in the same manner as if written and incorporated herein.
READ a FIRST and SECOND TIME this 23rd day of May 2006.
READ a THIRD TIME and FINALLY PASSED this 5"' day of June 2006.
f.
A R — Stephen Molnar
4
eLER'k_—_ Michael Graves
Pre -Servicing Agreement
TOWN OF TILLSONBURG
PRE -SERVICING AGREEMENT
THIS AGREEMENT made the day of 92006.
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
hereinafter called the "TOWN"
-and-
THE CORPORATION OF THE COUNTY OF OXFORD
hereinafter called the "County"
- and -
911714 ONTARIO INC.
hereinafter called the "Owner"
WHEREAS the lands affected by this agreement are the lands described as Part Lot 270, Plan 500,
designated as Part 2 on Reference Plan 41R-4217, in the Town of Tillsonburg, as shown on a
proposed Plan of Subdivision, dated May, 2005 and revised April 21, 2006, as prepared by Cyril J.
Demeyere Limited and appended as Schedule "A" to this Agreement (hereinafter called the
"LANDS");
AND WHEREAS the Owner proposes to pre -service said lands by constructing thereon a water
system, sanitary sewer system, a storm sewer system, road allowances, roadways, curbs and gutters,
an electrical system and street lights and attend to requisite grading;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of other
good and valuable consideration, the parties hereto covenant and agree, each with the other, as
follows:
1. DEFINITIONS
A) For purposes of this agreement, the words and phrases defined in the Draft Subdivision
Agreement attached hereto marked as Schedule "B" shall be deemed to form part of the
within agreement; and
R PRFCFRNNITrrS shall >ve such of the :rater systern, sanitary v,—,xi r oxmfi— r, stn. 1 Se::'er
system, road allowances, roadways, curbs and gutters, an electrical system and street
lights and requisite grading, as may be determined by the Owner to be constructed
pursuant to the provisions of the within agreement.
Pre -Servicing Agreement
2. THE TOWN AND/OR THE COUNT' COVENANTS AND AGREES:
A) that it will supply such inspectors to make such inspections as maybe required to enable
the Town and/or the County to accept the pre -services herein provided, it being
understood that such inspectors are to be supplied at the expense of the Owner; and
B) to assume the pre -services, but only as long as all other provisions of Schedule "B"
hereto attached are complied with, with the exception of Clause 6 (a) of said Schedule
"B" insofar as said clause relates to the pre -services herein provided.
3. THE OWNER COVENANTS AND AGREES:
A) That the sole purpose of the within agreement is to negate the effect of the Owner being
required to put the performance security in place insofar as the pre -services are concerned
and specifically acknowledges and agrees that Schedule "B" hereto attached, or
substantially in the form and content as set out in Schedule "B", shall be executed and all
other provisions thereof complied with prior to issuance of any Building Permit relative
to the lands and premises included in the within agreement;
B) To put in place such liability insurance as may be required by the County and the Town
named as co-insured, which said policy is to be deposited with the County prior to
execution of the within agreement by the County and the Town;
C) To pay the Town the following amounts prior to the execution of the within agreement
by the County and the Town:
a) Preparation of the pre -servicing agreement $300.00
b) Total Due $300.00
D) To indemnify the County and the Town, their successors and assigns from all debts,
liabilities, contracts, actions, proceedings, claims and demands, in the event that the pre -
servicing contemplated by the within agreement is not commenced and/or finalized
and/or the Draft Subdivision Agreement in place contemplated in Clause 1(a) is not
executed and complied with.
E) To confirm street names to the satisfaction of the Town.
F) The conditions herein contained forms part of the Subdivision Agreement shall be
appended thereto with all other covenants of the Subdivision Agreement remaining in
effect including the benefit of this Agreement to be binding upon the parties hereto, their
successors and assigns.
G) That no building permit or model home permits will be issued and the services will not
be accepted until the subdivision agreement has been entered into, at that time security
will be required.
H ) Archaeological studies and any engineering studies required as well as MOE approval
shall be obtained prior to signing the Servicing Agreement.
4. AGREEMENT REGISTERED
This Amending Agreement shall be appended to the aforementioned Subdivision Agreement
previously registered on title by the Town against all lands to which the Pre -servicing Agreement
applies at the cost of the Owner.
Pre -Servicing Agreement
IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this
day of , 2005.
911714 ONTARIO INC.
}
I/WE Have Authority to Bind The Corporation
)THE CORPORATION OF THE COUNTY OF OXFORD
WARDEN -
CLERK -
THE CORPO,I�TION OF THE TOWN OF TILLSONBURG
MAY R — Stephen lnar
) CLERK — Michasraves
Pre -Servicing Agreement
SCHEDULE "A" AS AMENDED
",;UBDIVISION PLAN
As prepared by Cyril J. Denicyerc Limited.
Plan "First Stage" — Lots 20 - 126
Plan "Second Stage" — Lots 15 — 19 and Lots 27 - 42
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Page 4 of 8
U
Subdivision Amending Agreement
SCHEDULE "B"
SUBDIVISION AMENDING AGREEMENT
ANNAIMALE HEIGHTS SUBDIVISION , PHASE 7
PLAN 32T-09005
TOWN OF TILLSONBURG
SUBDIVISION AMENDING AGREEMENT
THIS AGREEMENT made the day of
BETWEEN:
911714 ONTARIO INC.
hereinafter called the "Owners"
OF THE FIRST PART
- and -
.2005.
THE CORPORATION OF THE TOWN OF TILLSONBURG
hereinafter called the "Town"
OF THE SECOND PART
WHEREAS the Owner entered into a Subdivision Agreement with the Town of Tillsonburg and the
County of Oxford on the 14th day of March, 2001 for the propose to subdivide and register a Plan of
Subdivision on lands described as Part Lot 270, Plan 500, designated as Part 2 on Reference Plan
41 R-4217, in the Town of Tillsonburg, and described in box 6 of the Document General, as shown
on a proposed Plan of Subdivision, dated May, 2005 and revised April 21, 2006, as prepared by Cyril
J. Derneyere Limited, and appended as Schedule "A" to this Agreement;
AND WHEREAS upon execution this Amending Agreement forms part of the aforementioned
Subdivision Agreement;
AND WHEREAS Paragraph 4 of the Subdivision Agreement makes provision for the subdivision to
be developed in phases and each phase may be developed in stages subject to receipt of all approvals,
studies and requirements of the Town including engineering drawings and amendments to Schedules
"A", "B", "C", and "D";
AND WHEREAS the Owner is desirous of developing Phase 7, details of which were not included
the Schedules "A", "B'', "C", and "D" of the Subdivision Agreement;
AND WHEREAS the Town is desirous of ensuring that the appropriate approvals for each phase
(stage) are documented and that securities are in place;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the Town
approving the said proposed Subdivision Amending Agreement and the covenants hereinafter
expressed, the parties hereto covenant and agree one with the other as follows:
1. SCHEDULES
The following schedules, as amended from the Subdivision Agreement, identify and refer to the
respective phase or stage referred to herein and form part of this Amending Agreement and it
shall be the responsibility of the Owner to ensure complete compliance to all matters related to
Subdivision Amending Agreement
these Schedules:
Schedule "A" as Amended — a plan showing lots, road alto-wances, easements and parkland
Schedule "B" as Amended — summary of estimated servicing costs
Schedule "C" as Amended — security and cash payment
Schedule "D" as Amended — completion dates for the works;
2. PLANS
The following plans, if required for the respective phase (stage) referred to herein, as amended
from those submitted for compliance with the Subdivision Agreement, shall be submitted to the
Town for approval and it shall be the responsibility of the Owner to ensure complete compliance
to all matters related to their implementation:
Plan showing the proposed storm and sanitary sewer systems
Plan showing the proposed water distribution system
Plan showing the proposed lot grading;
3. AGREEMENT BINDING
The conditions herein contained forms part of the Subdivision Agreement shall be appended
thereto with al l other covenants of the Subdivision Agreement remaining in effect including the
benefit of this Agreement to be binding upon the parties hereto, their successors and assigns.
4. AGREEMENT REGISTERED
This Amending Agreement shall be appended to the aforementioned Subdivision Agreement
previously registered on title by the Town against all lands to which the Subdivision Agreement
applies at the cost of the Owner.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this
day of , 2005.
) 911714 ONTARIO INC.
I/WE Have Authority to Bind The Corporation
THE CORPORATION OF THE TOWN OF TILLSONBURG
MAYOR — Stephen Molnar
CLERK — Michael Graves
THE CORPORATION OF THE COUNTY OF OXFORD
1
WARDEN,
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C.A.O./Clerk — Ken Whiteford
Town of Till'sonburg Subdivision Ageement
Page 18 of.17
SCHEDULE "A"
SUBDIVISION PLAN
As prepared by Cyril J. Demeyere Limited.
Plan "First Stage" — Lots 20 - 26
Plan "Second Stage" — Lots 15 — 19 and Lots 27 - 42
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Town of Tiiisonburg Subdivision Agreemcnt
Page 21 of 23
SCHEDULE "B"
SUMMARY OF ESTIMATED SERVICING COSTS
PLAINT 32T-09005
AIN'NAIN'DALE HEIGHTS SUBDIVISION, PHASE 7
TOWN OF TILLSONBURG
SUMMARY OF ESTIMATED SERVICING COSTS
PLAN 32T-09005
ANNANDALE HEIGHTS SUBDIVISION, PHASE 7
911714 ONTARIO INC.
TOWN OF TILLSONBURG
TOWN OF TILLSONBURG
SUBDIVISION SECURITY ESTIMATE
Subdivision: Annandale Heights, Phase 7, Stage
File: 0515
Subdivider: 911714 Ontario Inc.
Date: 27 March 2006
Consultant: Cyril J. Demeyere Limited
i
Prepared By: AG
! I
Servicing Item
Estimated
I
Date Comments
Cost
Released
1 I Storm Sewers & PDC's
$
110,000
21 Sanity Sewers & PDC's
$
72,990
3 Watermains & Services
$
88,250
4 Granular -B'
$
21,525
5 Granular'A'
$
14,040
6 Base Asphalt
$
22,800
7J Surface Asphalt
$
21,700
a; Final CB & MH Adjustments
$
4,750
9 Curb 8 Gutter
$
17,550
10 Sidewalks/Walkways
$
16,975
11 Boulevard Grading, Sodding & Driveways - 35 lots $900
$
31,500
12; Rou h Gradin
$
-
13 Stock ile Removal
$
10,000
14 `Landsca arks/schools/eic.
$
15 Noise Attenuation Works
$
-
16 Stormwater Management Facility & overflows ale 8 RR ber
$
41,650
17 Stormwater Management Facility (Landscaping
$
4,350
18 Privy Fencin alon raiiwa 8 east propert IinE
$
12,755
19 Erosion & Sed'mt Control
$
1,075
20 As Constructed Drawl s $500/d x 9 dw s
$
4,500
21 Other_- Maple Lane Restoration
$
25,850
22 Other -
$
-
23 Sub -Total
$
522,260
24 GST 7%
$
36,558
25iTotal Security
$ --958,818
Town of Tillsonburg Subdivision Agreement
Page 22 of 23
RC_"FD ii.F. "C"
SECURITY, CASH and DEVELOPMENT CHARGE PAYMENTS
PLAN 32T-09005
ANNANDALE HEIGHTS SUBDIVISION, PHASE 7
TOWN OF TILLSONBURG
INTERNAL AND EXTERNAL COSTS
Cash Deposit upon Execution of Subdivision Agreement to Town of Tillsonburg
A) Construction Cost Estimate $5589818
Security Prior to Construction and Registration of Plan of Subdivision
Irrevocable Letter of Credit $558,818
TOTAL
NUTS: Security will be based on current costs and standards.
Town of'rillsonburg Subdivision Agreement
Page 23 of 23
SCHEDULE "D"
IMPLEMENTATION SCHEDULE
PLAN 32T-09005
ANNANDALE HEIGHTS SUBDIVISION, PHASE 7
TOWN OF TILLSONBURG
Completion Date
Month/Year
1. Underground Services — Sanitary & Storm Sewers, Watermains May 2006
2. Stormwater Management Pond May 2006
3. Road. Construction — including Curbs, Granular A & B, Base Lift Asphalt June 2006
4. Utility Servicing — Hydro, Gas, Telephone, Cable TV May 2006
5. Sidewalks
6. Street Lighting
7. Boulevard Restoration — including topsoil and sod
2006/2007 (after lots are developed)
June 2006
2006/2007
8. Top Lift Asphalt c.2008 — to be confirmed with Town