3283 To authorize a Subdivision Agreement with Victoria Wood (Tillsonburg) GP INC. to allow for the development of lands described as Part of Lot 7 Concession 12 in the Town of Tillsonburg.THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3283
A BY-LAW to authorize a Subdivision Agreement with Victoria Wood (Tillsonburg) GP INC.
to allow for the development of lands described as Part of Lot 7 Concession 12 in the Town of
Tillsonburg.
WHEREAS The Town of 'Tillsonburg is desirous of entering into a Subdivision Agreement with
Tillsonburg Del�ielopments Inc. for the development of lands described as Part of Lot 7,
Concession 12 in the Town of Tillsonburg;
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
I
I ,HATSchedule"A" attached hereto -forms part of this by-law;
I')
THAI' the Mayor and Clerk be hereby authorized to execute the attached agreement
marked as Schedule "A" on behalf of the Corporation of the Town offillsonburg.
READ A FIRST AND SECOND TIME THIS 10"' DAY OF September, 2007.
READ A 'T ZD AND FINAL TIME AND PASSED THIS 24"' DAY OF September, 2007.
KIAY0IZ_-Step h.cn Molnar
CLERK -Michael Grm,,cs
"Down of Tillsonburg Subdivision Agreement
PageIof' 19
TOWN OF TILLSONBURG
SUBDIVISION AGREEMENT
THIS AG REEM ENTriiade the .._f `` day of
BETWEEN:
VICrTORIA WOOD (TILLSONBURG) GP INC.
hei-cinafter called the "Owner"
OF Tf-IE FIRST PAR' -F
-and-
THF: CORPORATION OF THE TOWN OF TILLSONBURG
hereinafter called the ""own"
OF Tf 1E SECOND PART
-and-
THE CORPORATION OF THE COUNTY OF OXFORD
hcrcinaf-tc;r called the "County"
OF '11-113 T1.1 I RD PART
WHEREAS the Owner proposes to subdivide and register a Plan of Subdivision on lands described
as Part of Lot 7, Concession 12, (fon-nerly Township of Dereham), AND Lots 1, 2, 3 and 4 and part
of Block A, Plan 1082, in the "Town ofTillsonburg, and described in Plan 41 R-7974 and described in
box 6 of the Document General, as shown on a proposed Plan of Subdivision, dated May 24, 2006,
as prepared by BSR & D Ontario Land Surveyors Lin -sited and appended as Schedule "A" to this
Agreement;
AND WI-IEREAS the draft plan of the land to be subdivided was approved by the County on
Fc;bruary 14, 2007, under file 32..T-06005, and consists of 290 lots for single detached dwellings, 6
blocks for townhouses, 4 blocks for either townhouses or single detached dwellings, 6 blocks for
walkways, 3 blocks for road widenings, 1 reserve block, 2 stormwater management blocks, 2
parkland blocks., 1 block to be conveyed to an adjacent property owner and 11 local streets;
AND WHEREAS prior to the signing of the plan for registration by the County, certain conditions
must be fulfilled. to the satisfaction of the Town, as set out in the draft conditions of approval dated
February 22, 201;)7;
AND WHEREAS this Agreement has been made a condition of approval by the County ofOxford
and contains all the requircnierits, 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 herci rafter expressed, the parties hereto covenant and agree one with the other as
follows.
L DEFINITIONS
(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,
Town of Tillsonburg Subdivision Agreement
Page 2 of 19
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) "C~ouncil" shall mean the Municipal Council of the Town of Tillsonburg.
(c) "Hydro Company„ shall mean 'rillsonburg Hydro Inc.
(d) "County" shall mean the Coil)()ration of the County of Oxford.
(e) "Loll" shall include a "block".
(f) "Registered Professional Engineer" shall mean a licensed Professional Engineer who
calTies 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 l)1an" shall mean the Plan of Subdivision annexed to this Agreement
and marked Schedule "A".
(h) "Residential Design Criteria" arc the design criteria approved for residential
subdivisions by the Council of the Town of Tillsonburg under By-law No. 315 .3, on
April 25, 2005, and any amendments thereto.
2. I NCUNT ES'TAB 1 I_ATV
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
dchnlal or such right.
3. CONSULTING ENGINEERS
(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 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 Owncr shall notify the Town of Tillsonburg in writing, regarding who the
Engineer of Record is for the completion of the entire project.
(b) The Owncr 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.
(i i) I''rcparc 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;
(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 of the Contractor of
the said works;
Town of Tillsonburg Subdivisio,, ",jecincnt
Page 3 of 19
(V) Supervise construction of the said works;
(VI) Maintain all records of construction of the said works;
(vll) 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 cariA7 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
rD
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 ot'n-iinimizing then -i. Additionally
rc,\,icw any environmental impacts that might be identil"ied in such plan.
(XI) Submit a plan for the mitigation or removal of any contaminants identified
through an Environmental Site Assessment Report, prepared by a qualified
consultant, where such report has been required by the Town or the County
for the subject property, such work being the responsibility of the Owner.
tD
(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 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
Toxvil and/or the 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 the County. The Town and/or the County may require, in
writing, such 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, S(..-'.'0PE OF AGREEMENT
The Owner agrees to construct and complete at his own expense and in a good workmanlike
manner, toi- the Town and the County, all the municipal services as hereinafter set forth to the
satisfaction of the "Town and County, and to complete, perforin or make payment for such other
matters as i-Tiay be provided 1'()r 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 to call tenders and arrange for the construction of the services as provided herein
and the Town or the County shall have sole discretion in matters pertaining thereto.
The subdivision shall be developed in phases and each phase may be developed 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 Agrecinent(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", 0"B"I "C" and"U'.
Town 01-1 illsoliburg Subdivision Agreement
Wage 4 of 19
5. LIST OF ',BCH EDU LES
The following schedules form part of this agreement and it shall be the responsibility of the
Owner to ensure complete compliance to all hatters rckated to these schedules.
Schedule ``A„ - A Alai) showing proposed lots, read allowanccs, casements, and parkland
Schedule "B" - Summaiy of Estimated Servicing Costs
Schedule "Cv" - Security and Cash Payri�l nt
Schedule "D" - Implementation Schedule
The following plans shall be submitted to the rFown for approval and It shall be the
responsibility of the Owner to ensure complete compliance to all matters related to t:hcir
ii-riplementation:
- A plan showIng the proposed storm and sanitary sewer systems
- A plan showing the proposcd water distribution system
- A plian showing lot grading
- A plan showing the store-iwatc;r managen"lent pond if required
A p,�rk plan showilig the park layout
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 Owner shall kvithin twelve (1 7) months of the execution of this Agreement commence, and
within twenty-four (2-4) months complete the installation of tl)c Municipal Seivices listed In
Section 6 of this Agreement. In the case of staging, this time frame; shall be applicable to the
conZlY cnce,ment and completion of each Stage.
(a) Scanitary aiid Ston -n Sc. el's, water MaltlSs Services and Apui enances
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 wlll 1ilClude all I�oUSc services and other services from the main to the strc ct line
and all appurtenances and fire hydrants, including private service connections to the
property lilic 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
i llstal lation of this system and not necessarily those; in effect at the time of this
agreement, and to i-naintain them until the County formally accepts thein.
(11"0 Size- — All :unitary and stoi-ni 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
Towii.
(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, buy such connection shall not constitute acceptance of'the system, or systeins,
by the Town.
(iv) Approval of Contractor — The Town shall require all work to be done by a contractor
whose conllietencc is approved _ ointly by the i own and the Owner, at the expense ofthe
Owner.
(v) Outlet — It shall be the responsibility of the Owner to provide a satis-factory outlet for the
sanitary scwcrs from the limits of this subdivision to the point of junction with the
nearest apl)roved Town sewer outlet.
(Nil) Timing -- The Owner agrees that installation will be made within the time limits
spe�J fied ��s hereinafter sct forth and that upon completion of the works, to supply the
'roe n witli sufficient cash or bond to guarantee the works and material for a period of
two years from the date; that the said works arc completed and approved in writing by
Town ot-l'illsonburo, Subdivision Agreement
Page 5 of' 19
the Town as provided for in Paragraphs 19 and 21 of this agreement.
(VII) 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 ofthe 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
4-n
Town that the Ministry of Environrncnt approval has been obtained.
(viii) 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
t)
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.
(i�,) Property Stakes — Sufficient property stakes must be available so that the proper line of
the water main can be established and valves, hydrants, services and other
appurtenances are properly located.
(x) 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
tyle rown and County.
(xi) Locates — The Contractor will be responsible for obtaining the location of all other
utilitics such as but not limited to electric underground cables, Bell Telephone
Conduits, storm and sanitary sewer systerns, 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.
(xil) Replacement to Original Conditions —All pavement, driveways, entrances to property,
lawns, retaining walls, ctc. must be replaced in good condition as originally found or
better, in consultation with adjacent property owners.
(Xiil) 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
niInIrnIzc risk of damage and inconvenience to others. All signage must be erected and
displayed in accordance with the Manual ofUniform 1traffic Control Devices.
(xiv) 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 on
the job.
(xv) 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 affectcd services during and after construction of/all works as
req LI I red.
(xvi) 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) 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.
Town of 1,111sonbur-g Subdivision Agreement
Page6of,19
(x,vlll) Supply of Water from Hydrant — If the Contractor wishes to use a fire hydrant for a
supply of water for construction purposes, lie 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.
(xix) Opening and Closing of Valves — The opening and closing of valves and the lading of
water mains arc only to be performed by ernployces of the Town. The Consulting
Engincer(s) should snake 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.
(x,x,) Connection to Town System —All cutting or connecting to the Town's existing services
shall non-nally be made by the Towel'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.
(xxi) In Absence of Contractor — In absence of the Contractor fi-om the job (wlicther
permanent or temporary), a component and reliable agent or foreman shall be left in
charge and this person shall be considered as acting in place and all notices,
communications and instruction or orders given, sent or serried upon this person shall be
taken as served upon the Contractor.
(xxii) Specifications — The installations of the water distribution system is to be carried out In
accordance -vN11th the specifications previously referred to as supplied by the County of
Oxfi(}rd. These specifications are considered to be a part of this agreement.
(xxii 1) Excavations, Backfill and Compaction —All excavations on Town andior 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. arc 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 arc to be used
1`6r backfilling, and, in all cases, the requirements of the Town Director of Operations
will be rnct. 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/car the County Director of Public Works.
(b) Storm Water Facilities and Severs
Storm water facilities and sewers shall be constructed within the limits of the
subdivision and beyond, if 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 Owner. It shall be the
responsibility of the Owner to provide a satisfactory outlet for the storm water sewers
frons the limits of this subdivision to the point of junction with the nearest approved
Town scwcr 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 -.development flows for the 5 and 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'Fown and the Long Point Region Conservation Authority, all buildings and
structul c;s in the plan of subdivision shall be erected in accordance with the approved
1 own of 1-111sonburg Subdivision Agreement
Page 7 of 19
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.
(c) Over-si_i�-I �',r
The County may require the Owner to oversize sanitary or water mains to accommodate
servicing of lands external to the subdivision lands herein.
'1 -'he Town may require the Owncr to oversize storm sewers as per the Town of
Tillsonburg Design Criteria By -Haw No. 3153 passed on April 25, 2005, and any
amendments thcr cto.
(d) Roads
L )
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
iii writing. When in the opinion of the Town, it is necessary to change the grade of
existing Town roads ad_jac cnt to or abutting the said plan, the Owner agrees to grade the
read 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 'Lown, 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 fc>r the installation of all street sign and regulatory signs at the
direction of the Town.
Until the reads 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
Curb.s, and Ciut CTS
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 c,ach lot in the subdivision prior to the construction thereof, and the same shall be
constructed to the satisfaction of the To�Nrn. 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 <iild_'or Pedestrian Walkways
Concrete sidewalks shall be constructed in compliance to the Residential Design
Criteria on at least one side of triose 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 according to Schedule "D" attached
hereto. 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.
( ) Street Li 7ghtips
The Owner shall agree to install streetlights on cacti street as shown on the plan to the
satisfaction of Tillsonburg Hydro Inc.
(h) (ln(Ic t -ground Electric I'lant
The Owncr hereby covenants and agrees to Install an electrical distribution system on
each street as Shown on the plan to the satisfirwtion of`Fillsonburg Hydro Inc.
(0 Drainage and Erosion Control Works
Towii of T111sonburg Subdivision Agreement
Page 8 c)f 19
The Owner shall undertake a geotechnical study to the satisfaction of the Town and the
Lon1� Point Region Conservation Authority to address the stability .of all slopes and
makc 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
stcidy.
(j) [Ic >oil and So d/Seed oil all t)'np(,lved Portions of Read Allowances
'I,he Owner is responsible for topsoil, and sod/seed on all unpaved portions of road
allowances complete with 1 OOmrn of topsoil and #I nursery sod in accordance with the
approved Brading plan and to the satisfaction of the Director of Operations.
(k) Park. Development
'1-'hc 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 (d) of this agreement.
(l) The Owner agrees to seed and inaintain land that has been left undeveloped for more
than a period of one year
7. LIENS AND CLAIMS
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 becn 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 ofTillsonburg Residential
Design Criteria.
9. INSPECTION WORK.
Tide Town/County reserve the right to have inspectors/consultants, that shall be agreed
upon by all parties, employed to review all plans and specifications and observe the
construction and installation of services at any time. "The Owncr hereby agrees to pay all
accounts of the Town and the County in connection with the inspectors/consultants within
ten days of tllcnl 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 ' Lown Director of Operations, the Owner:
(a) is not prosecuting or causing to be prosecuted the work reyuircd in connection with this
a; rcclncnt within the a ,n�ced upon times, or in order that it may be completed wlthln the
a; reed upon times; or
(b) is improperly perfonliing 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 petfonn such work as maybe rejected by the Town
Director of Operations as defective or unsuitable; or
(e) hc>s defaulted perfonnance of the tents of this a,,re��nent, 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
TOXV11 of "Fillsonburg Subdivision Agreement
Page 9 of 19
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 cinergency, in the opinion of the Town Director of Opeations, such work i -nay be 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 Engrineering fee of 5% of the cost of
materials and work shall fbi-thwith be paid to the Town by the Owner- on demand. Should payment not
be received following the issuance ofan invoice from the Town, the Town may draw upon the security
which has been provided by the owner.
It is ful-dicr undcmtood and ag-LW between the parties hereto that such cntly ulx)n the lands shall be as an
agent for the Owner and shall not be deemed for any an acceptance of purpose whatsoever
as the said services by the Town.
11. ASSUNIPT'ION OF SERVICES BV COUNrI'Y
Once the sanitary sewers and water distribution system have been installed to the satisfaction ofthc Town
and the County, the sanitary sewer trunks and water distribution system will be assumed and operated by
the County and/or the designated seixice provider.
12. LANDSCAPINC"r - CONTOURS - FINAL GRADES & SURVEY MARKERS
The requirements set out in this section will be ii-nplementcd on a phase by phase basis and will
be required for the phase -for which the developer is seeking filial approval and registration.
(a) The Owner agrees to deposit with the Town a plan that is in compliance with the
ResldeIltial 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;
(11) The filial grades of all roads as approved by the Town Director of Operations;
(111) The; lands designated for drainage works and locations of casements as may be
required for municipal services.
(b) Barriers along Conservation Authority Lands - The Owner agrees that a snow fence or
c,thrr 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
cOlTIMcriccment of grading, construction and shall remain until all grading and
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 Ox16rd 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 tilled,
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
Town cif Fi1krOnburg Subdivision Agreement
Page 10 of 19
disturbance may be made on the Town lands without the consent of the Town.
r
(;) Foundation Control Certificate and Final Grading Certificate — fuundation control and
final grading certificates will be required in compliance with the Residential Design
C I'1 tE�l'1 a.
(h) Ontario Land Surveyor - The Owncr agrees and shall deposit with the Town a certificate
f roii-i an Ontario Land Surveyor on completion of construction of curb and base asphalt,
and underground services certifying that all survey ii-ionunicnts as shown on the
registered plan are in place and are located at grade.
(1) 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 binds In
accordance with the 'I own's "free Policy.
13. DEVELO'PN1ENT CHARGES
Developint�nt charges will be paid, at the building peImit stage and be the responsibility of the
owner of tllc property in accordance with 'Town By -Law # 3124 and County By-law #4436-
2(;)04 and By -Law 84438-2004.
14. N'E'ATER AL.LOCA'HON
Prier to the, final approval of each phase of the subdivision plan, the Owner shall receive
confit -illation frorn the County ofOxfurd Department of Public Works that there is
sufficient capacity in the Tillsonburg water and sewage systein to service the requested
phase of the plan of subdivision. For the first phase, allocation will only be granted for
building permits fur 35 residential units. Atter 25 units are under construction, Public
NNorks will consider issuing further allocation upon "ritten request.
1.5. P BIAC" I 7\ND
The Owner agrees to convey to the Town the lands which are required for public
purposes by the "1'()wn as hereinafter set Furth:
(a) Park Lands and Storm water N/lanagenlcilt Lands - The conveyance of parklands and
storm water management lands free of all encumbrances in the subdivision shall be
Tilade by thc; Owner irnnlediatcly 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) Laselnerlts & Right -of Ways - The Owner agrees to grant to the Town and/or the
County, free of charge, all permanent and temporary easements as may be required for
n-iunicipal 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
hcrc.,to or as may be required by the "Town and/or County to implemcilt this plan.
16. LIAB11-A'rY INSURANCE
The Owner or contractor to whom the construction is let must be a company in good
financial standing with the Towel and County and, before commencing any of the work
provided tor herein, shall supply the 'Lown 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
seixants 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
Mills 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 Certificate
of Insur ligcue satisfactory to the County and "Down 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 52,000,000.00, Inclusive for any one accident
arising in any out of the construction, installation, repair or maintenance ofall works
Town of-I-irlsonburg Subdivision Agreement
Pagc 1 1 of 19
and scrvi ccs req u i red herein to be done;.
The Owner shall provide the County and Town with satisfactory evidence of the renewal of the said
policv at least fifteen (15) days prior to its expiry. The said policy shall not be subjec=t to
cancellation without thirty (30) days prier 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
expc ise, maintain the said policy of insurance in full force and effect until the expiration of the period
of guarante=e. Failure to procure and maintain the said policy of insurance shall constitute a default
under this A&n cement
11 -ie Owner covenants that it will indemnify and save harmless the Town and County from any and
all cl(11ITIS, 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 an -sing out of or allege=d to
arise out of any work, service, operation or thing constructed, installed, repaired, maintaine=d or
done or admitted to be done or negligently done by the Owner, his servants, agents, contractors or
subcontractors under tlumn, in respect ofthe said works and services, whether or not the same shall be
required to be done under the tams of this Agrec mcnt and including (without limiting tyle generality of
the foregoing), the alteration of any grade or existing level construction, maintenance or rcliair of any
street.
17. PERFORMANCE GUARANTEE - SECURITY
As security for the construction and Installation of services required by this Agreement and
prior to the coininencement ofany work in any stage of the development provided therein, the
Owner shall supply the Town with security as more particularly set out in Schedule "B" hereto,
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 fr0n"1
the date that the said works are approved in writing by the Town's Director of Operations, and
such security may be in the form of any of the following combination therefore as is acceptable
to the Tomi:
(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 tune, 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
acce=ptable to the Town expressed to be pursuant to this Agreement and providing for
payll"llcnt 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;
18. 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 prope=l' installation of all services. The maintenance deposit shall be in the form of cash
or lette=r 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.
19. ADJUSTNIENT 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 provide=d all works are in compliance with the
Residential Design Criteria, provided that in no event may the said se=curity for any services be
Town of Tlilsonburg Subdivision Agreement
Pagc 12 cif 19
reduced below an amount equal to ten percent (10%) to be released upon the expiry of the
warranty pi�riod being consistent with the Residential Design Criteria.
20. 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 the cost of registration will be born by the applicant whether by our solicitor
Or their
own .5
S(�I1Citl�r, lllCludlllg any disbursements incurred in any way arlsing our Of this
Agrccmcnt.
21. 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
systcins within the draft plan shall be subject to the approval of the County of Oxford.
22. NOTII4IC.ATION OF EXECUTION
'T'hc Town agrees to notify the County and 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 flan for registration have been islet to the satisfaction of the Council.
23. PAYMENT OF COS"I'S & 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 oi- 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 suchh slims may be recovered by the Town in like manner as municipal taxes pursuant to
Section 35 ofthc Municipal Act, R.S.O. 1990, M.45 against lands retained by the Owner or
held by the Town as security.
24. 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 t.11at
issues may occur which increase the Town and/or the 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 o:lt of this contract shall be referred to a single arbitrator, if the
parties agree upon One, otherwise to three arbitrators, one to be appointed by each party to the
reference and a third arbitrator to be appointed by the first named arbitrator in writing betbre
they enter upon the business of the reference; and if either party shall refuse or neglect 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 deter -nine the matters in difference as if he were a single
arbitrator appointed by both parties for the purpose, and the award or deternlination 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.
25. 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 fi 11 or excavation, to its full width;
Town o I'' I'll Isonbui-g SUbdivislon Agreement
Page 13 of 19
(b curbs and gutters have been installed;
(c) base fitt of asphalt has been laid;
(d►)I Underground water, sanitary and storm sewer :>ysten-is and hydro services have been
installcd; and;
(c) development charges for the lot, which a permit is being applied fbrl have been paid in
accordance with the requirements of both the Town and the County.
(t) the Engineer of Record having certified to the Town the above work having been
completed ,.is per the approved plans and the Town having inspected and verified that the
work has been constructed as per the approved drawings;
(g' )I a certificate ftom an Ontario Land Surveyor certifying the rcplaccnici-it of all survey bars
havflIg been filed with the Town.
6.-
A building permit will be allowed for two (2)) model homes subject to building &Twt-nait approval and if
s(TVIccsW;not Yet available a security deposit will be equ'red.
I
Building pcn-nit applications Will not t -e considered forsubscxjuclit phases prior to the approval of the
respective Phase in accordance with Section 4. This provision n-iay be vai*iLy-i upon the approval of the
Town's Director of Operations.
126. SPECIAL, PROVISIONS
The owner undertakes as 1`61lows:
a) The developer shall construct a fence at his sole cost, alono-4"-, the lot boundaries between Lots 26
31 iticlusivc and Block 302; the height and design of which shall be reviewed and approved
by the Town oil" I'll I sonburg, at the time of development of the phase in which these lots
and block arc located.
b) That prior to the signing of the final plan by the County, all lots/blocks shall conform to
the zolillIg requirements of the Town of Tillsonburg Zoning By -Law. Certification of lot
areas, lot trontages, and lot depths shall be obtained from an Ontario Land Surveyor
retained by the developer.
c) The owner shall register a warning covenant on title fOr all lots immediately abutting
i
Quarter " own Linc, I A-
'nc, i.e., Lots 3? — 37, 49 — 57, 108, 139 — 145, 171 and Blocks 295, 296
se levels on Quarter Town L*
and 300. The covenant shall advise noise Line may exceed MOE
i
guidelines; however the use of forced air/air conditioning systems will require that
'Windows remain closed,, thereby ensuring interior sound levels are within the MOE's
I[,, uidelincs. The form and content of the covenant shall be to the satisfaction oftlic Town
41
i) _F F* I I s o irib u rg.
d) The owner shall SUbmit a tree saving plan to be reviewed and approved by the Town of
Tillsonburg. The plan shall detail methods of retaining trees within the subject property,
having regard 1'()r the findings and conclusions of the Woodland and Hedgerows
Environmental Evaluation prepared by North-South Environmental Inc., submitted June
51 2006, and provide measures to ensure the woodlot being conveyed to the Town as
parkland is conveyed in an acceptable state, The developer shall construct a fence at his sole
cost, along the lot boundaries between Lots 26 - 31 HICIUSive and Block 302; the height and
design oi .1 which shall be reviewed and approved by the Town of Tillsonburg, at the tin,ic of
4__
c1cvelopnient of the phase in which these lots and block are located.
0 Prior to the signing of the final plan by the County of Oxford, they are to be advised by the
Long Point Rccrt)ion Conservation Authority that Conditions Numbers 16 and 17, as set out in
the County Conditions of the Draft Approval ofthe Plan of Subdivision, dated February 22,
2007, have bccii net to their satisfaction. A clearance letter shall include a brief statement
for each condition detailing how each condition has been satisfied.
1) Prior to the signing of the final plan b-%.- the County of Oxford, they are to be advised by the
Town ofTillsonburgthat Condition Numbers 1, 3 and 7 to 20 (inclusive), as set out in the
County Conditions of the Draft Approval of the Plan of Subdivision, dated February 22,
'2007I have been met to their satisfaction. A clearance letter shall include a brief statement
A-
for each condition detailing how each condition has been satisfied.
Town of-Tillsonburg Subdivision Agreement
Pagc 14 of 19
Prior to the signing of the final plan by the County of Oxford, they are to be advised by the
County of Oxford Public Works Department that Condition Numbers 4 to 7 (inclusive) as set
out in the County Conditions of the Draft Approval of the Plan of Subdivision, dated
February 22, 2007, have been met to their satisfaction. A clearance letter shall include a
brief statement 16r each condition detailing how each condition has been satisfied.
1) T11is plan of subdivision shall be registered by February 14, 2010, after which time this draft
approval shall lapse unless an extension is authorized by the County of Oxford.
27. 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 conveyances concurrent with the
registration of the Plan of all lands to be conveyed to the Town under this Agreement and a
copy of registration of this Agreement against all lands subject to this Agreement.
Conveyances will occur at the time of final approval and registration of the phase in which
these blocks are located. Lands to be conveyed to the Town free of all encumbrances and to the
satisiaction of the Town shall include:
a) Such easements as may be required for utility or drainage purposes shall be granted.
b) a 0.3 m (1 ft) reserve along the east side of Quarter Town Line Road and the north side of
Baldwin Street, shall be dedicated to the Town of Tillsonburg, free of all costs and
encumbrances.
c) a minlnlum 3.0 In (9.8 ft) road widening oil the east side of Quarter Town Line Road and north
side of Baldwin Street, and a 5 in (16.4 ft) x 5 m (16.4 ft) daylight triangle at the intersection
BaldwiIi Street and Quarter Town Line Road, shall be dedicated to the Town of Tillsonburg,
frec of all costs and encumbrances.
d) Blocks 301 and 319, as shown on the draft plan, shall be conveyed to the Town of Tillsonburg
for park dedication, free of all costs and encumbrances, to the satisfaction of the Town of
Tillsonburg, in accordance with the relevant provision of the Planning, Act.
28. JNIPLEMENTAUON SCHEDULE
The Ownci- hereby undertakes to complete the work herein i n accordance with the timef -miles set out
in Schedule "D". A 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 Agrecmcnt.
29. DIGITAL COPIES OF PLANS AND DRAWINGS
The Owner- shall provide the 'IFov�m and County with digital versions of all plans and drawings in
AutoCAD drawing files (.DWG) and shape files ( with attached ckitabase information, or in a
current AutoCAD format approved by the Town and the County.
30. A,GREEh!IENT BINDING
This Agrec,inent and everything herein contained shall be to the benc;f it of and be binding upon
the parties hereto, their successors and assigns.
31. 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 dellvc;red to:
Victoria Wood (Tillsonburg) GP Inc.
8500 Leslie Strcct, Suite 210
Markham, ON L31- 7M 8
or such address as the Owner has notified the Town Clerk in writing, and any such nonce mailed
or delivered is deemed good and sufficient notice under the terms of this Agreement.
Town of T 1l1sonbL11.g Subdivision Agreement
Page 15 of] 9
Should the ()wncr sell all or a portion of this subdivision, all terms and conditions agreed to in this
Agn,eement are to he transferred to the new owner(s). The Town and County will require the new
ovv vier 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 owncr(s) is not received
by the date of sale or transfer, the terms and conditions agn'eed to In this Agretement shall rcrnaln the;
responsibility of the previous owners.
32. REVISIONS TO THIS AGREEMEN'"IF
�1pc�rl v�ritten notification to all parties, the "Town, the County and/or the Owner have the right to
request revisions to this Agreement provided that the A&rreement has been in effect for a
Minimum of five ycar s.
33. AGREEMENT, REGISTERED
This Agreement shall be registered against all lands to which it applies at the cost of the Owner.
IN WITNESS WHEREOF the parties llereto have hereunto affixed tllcir Corporate Seals this
day of _ _ - 2007.
)► VICTORIA WOOD (TILLSONBURG) GP INC.
)
I have the; authori to bind the Company
� 1
)► THE CORPORATION OF THE TOWN OF TILLSONBURG
A , 01 _ Stephen Molnar
} Michael Grav6��
DIREC'FOR OF CORPORATE SERVICES/CLERK
}
)THE CORPORATION OF THE COUNTY OF OXFORD
Paul J. Ilolbrough Warden
Ken Whitcl'ord CAO/Clerk
1�
ILUEN
Fown of h11sc)nbur ; Subdivision Agrcenicnt
Pagc 16 of' 19
SCHEDULE "A"
SUBDIVISION PLAN
As prepared by Kim S. Husted, dated May 17, 2000
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TO'"111 o 1111sonburg Subdivision Agyrccnlcnt
Pagc 17 of 19
SCHEDULE "B"
SUMMARY OF ESTIMATED SERVICING COSTS
PLAN 32T-06005
Victoria Wood (Tillsonburg) GP Inc.
TOAWN OF TILLSONBURG
Item #
Description
Estimated Costs
1
Storm Sewers and Services
$522,300.00
2
Sanita Sewers and Services
$224,807.00
3 _
m
Waterains and Services
$2509350.00
_ 4
Granular `B'
$1269000.00
5
Granular `A'
$ 571500.00
6
Base Asphalt
$1271,500.00
7
Surface Asphalt
$1059400.00
8
Final Manhole Adjustments
$ 12,000.00
9
Curb and Gutter
$ 84,000.00
10
Sidewalks/Walkways
$ 94,500.00
11
Boulevard Topsoil, Sodding & Driveways
$1447000.00
12
13
Rough Grading(completed)
Landscaping Park
$0.00
S 27800.00
14
Noise Attenuation Works
$0.00
15
Stonnwater Management Facility
$369717.00
16
17
SWM Faci li
Privacy Fencing_
, 000.00
$259200.00
18
Erosion and Sedimentation Control
$ 700.00
19
As -Constructed Drawings
$500.00 x 20 Drawings)
$10,000.00
20
External Sidewalk on Quarter Town Line
$18,060.00
21
Contingencies
$67381.00
22
Subtotal
1,9349215.00
23
6% G.S.T.
116 053.00
24
Total Security
290509268.00
Note: This estimate includes underground services and granular road base for Part of
Phase 11 (Sierra Crescent (Victoria Way/Trailview Drive) to allow for a looped road
access and looped Nvaterrnain system.
Town of"Fillsonburg Subdivision Agreement
Page IS of' I
SCHEDULE qVC11
SECURITY, CASH and DEVELOPMENT CHARGE PAYMENTS
PLAN 32T-06005
Victoria Wood (Tillsonburg) GP Inc.
TOWN OF TILLSONBURG
INTERNAL AND EXTERNAL COSTS
Cash Deposit upon Execution of Subdivision Agreement to Town of Tillsonburg
A) Constmctioii Cost Estimate 521050,268.00
Lcss work airca(iy compIctcol N I L,
BalanceBalanceConstruction Cost Estiiiiate $2,4050151.".168.00
Security Prior to Construction and Registration of Plan of Subdivision
1-.ct1ci- of Crcd1t Rcquirei-nciit
$?M501268.00
A -
Note: Security will be based on current costs and standards
Town of 'I'll Isonburg Subdivision Agreement
Page 1clof i 9
SCHEDULE "D"
IMPLEMENTATION SCHEDULE
PLAN 32T-06005
Victoria Wood (Tillsonburg) GP Inc.
TOWN OF TILLSONBURG
Completion Date
Month/Year
1. Undcrground Services -- Sanitary & Storm Sewcl's, Watc i-ma.ins Octobei- 2007
2. F;oad Construction — including curbs, granular A & B, basc asphalt November 2007
3. Utility Servicing — Gas, Telephone, Cablc J'N., Dccember 2007
4. Sidewalks (As buildings are completed on a lot by lot basis)
5. Strectlighting July 2008
6. Boulevard restoration — including topsoil and sod (lot by lot basis)
7. Surface Asphalt (to be completed following 90% completion of buildings) Octobcr 2008