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3280 To authorize an agreement with Tillsonburg Developments Inc. to allow for the pre- : servicing of Phase 7 of Baldwin Place. :THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3280 A BY LAW to auttiorize an agreement with Tillsonburg Developments Inc. to allow fOr the pre - servicing of Phase 7 of Baldwin Place. WHEREAS The Town of Tillsonburg is desirous of entering into an agreement with Tillsonburg Developments Inc. for the pre -servicing of Phase 7 of Baldwin ('lace; THEREFORE the Council of the Town of "Fillsonburg enacts as follows: I . THAT Schedule "X' attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 13th DAN' Oh' August, 2008. READ ThIRD AND FINAL TIME AND PASSED THIS 13t" DAY OF August, 2008. MAYOR-Stcplien Molnar CLERK.-Michacl Graves f're-Serviicint; Agreement TOWN OF TILL.SONBURG PRE -SERVICING AGREEMENT THIS AGRh.EN1EN'I' made the day of , 2007. BETWEEN: THE CORPORA'T'ION OF THE TOWN OF Tit ,I_.SONI3UR(� hercinafter called the "'TOWN" - and - THE CORPORATION OF THE COUNTY OF OXFORD hereinafter called the "County„ - and - TILI_.SONBURG DEVELOPMENTS INC. hereinafter called the "Owner" WHEREAS the lands affected by this agreeinent are the lands described as Part Lot 8, Concession 12, Plan 41 M-182, in the Town of-1'illsonburg, and described in box 6 of the Document General, as shown on a proposed Plan of Subdivision, dated the 4th day of September, 2002 as prepared by Kim Rusted Surveying Ltd, and appended as Schedule "A" to this Agreement (hereinafter called the "LANDS"'), AND WHEREAS the Owner proposes to pre -service said lands by constructing thereon a water system, sanitary sewer system, a storm sewer system, road allowances, roadways, curbs and gutters, an electrical system and street lights and attend to requisite grading: NOW THEREFORE T11 IS AGREEMENT WI'TNESSE'TLI 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 Subdivision Amending Agreement attached hereto marked as Schedule ``B" shall be deemed to form part of the within agreement; and 13) PRI SERV ICES shall be such of the water system, sanitary sewer system, storin sewer system, road allowances, roadways, curbs and gutters, an electrical system and street lights and requisite grading, as may be determined by the Owner to be constructed pursuant to the provisions of the within agreement. 2. 111IE 4"OWN AND/01Z THE COUNTY COVENANTS AND AGREES: A) 'I'11at it will supply such inspectors to make such inspections as may be required to enable the 'Town and/or the County to accept the pre -services herein provided, it being understood that such inspectors are to be supplied at the expense of the Owner; and B) "I'o 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 E OWNER COVh NAN'I'S AN t).t1(_'I"rRE S: A) That the sole purpose ofthe 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 "I3" hereto attached, or substantially in the form and content as set out in Schedule Pre -Servicing Agreement shall be executed and all other provisions thereof complied with prior to issuance of airy Building Permit relative to the lands and premises included in the within agreement; B) The ONATner acknowledges that any works conducted on the site are done at their own risk and no review done by any department guarantee that the services will be acceptable for the Plan of Subdivision. C') To put in place such liability insurance as may be required by the County and the "Town named as co- insured, which said policy is to be deposited with the County prior to execution of the within agreement by the County and the 'Lown; I_)) To pay the 1 own the following amounts prior to the execution. of the within agreement by the County and the Z owil: i. Preparation of the pre -servicing agreement $300.00 ii. Total Due $300.00 L) 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 Subdivision Amending Agreement in place contemplated in Clause I (a) is not executed and compiled with. F') To confirm street names to the satisfaction of the Town. G) The conditions herein contained forms part of the Subdivision Agreement shall be appended thereto with all other covenants of the Subdivision Agreement remaining in effect including the benefit of this Agreement to be binding upon the parties hereto, their successors and assigns. 1-1) "That no building permit or model home permits will be issued and the services will not be accepted until the subdivision amending agreement has been entered into, at that time security will be required. 1) 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. IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this day of, , 2001. TILI,SONBURG DEVELOPMENTS INC. Stc�"en Smith I/WF1 I -lave Authority to Bind the Corporation ) )'TIIE CORPOIZ�VTION OF THE COUNTY OF OXFORD WAIME-N - CLERK - THIS: 'ORPORATION OF THE TOWN OF TII_.LSONBURG yrs,. .�._..._ - MAYOR --Stephen Molnar C1.1 ---RK - Michael Graves ('re -Servicing Agreement SCHEDULE "A" BALDWIN PLACE PHASE 7 PLAN 32T-01002 Subdivision Plan As prepcared by Kine (lusted 5urveyinb L.td., dated May 16, ? SCHEDULE "B" BALDWIN PLACE -PHASE -7 PLAN 32T-.--O-,1.0.0..2- TOWN OF TILLSONBURG SUBDIVISION AMENDING AGREEMENT PHASE VII THIS AGREEMENT 111a(IC the day of 12007. BETNVEEN: TILLSONBURG DEVELOPMENTS INC. hereinafter called the "Owners" OF THE FIRSrl,, PART -and- THE and - THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the "Town" OF' -1 -`HE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Town of Tillsonburg and the Count), of Oxford on the 7th day of March, 2002 for the purpose of subdividing and registering) a Plan of Subdivision on lands described as Part Lot 8, Concession 12, Plan 41 M- 182, in the Town of Tillsonburg, S dated the 4th and described in box 6 of the Document General, as shown on a proposed Plan of Subdivision day of September, 2002 as prepared by Kim Husted Surveying Ltd.; AND WHEREAS upon execution this Amending Agreement foni-is 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 includi'ng criginecri- . 112 drawings and amendments to Schedules "A" "13 "C", 46C and 64-D"; AND WHEREAS the Owner is desirous of developing Phase 7, details of which were not included the Schedules "-A". "B"I 1*11C'111 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 f6llc)w1ng schedules, as amended from the Subdivision Agreement, identify and refer to the respective phase or stage referred to herein and fon-n part of this Amending Agreement and it shall be the responsibility of the Owner to ensure complete compliance to all matters related to these Schedules: Schedule "A" as Amended — a plan showing lots, road allowances, casements and parkland Schedule "B" as Amended — summary of estimated servicing costs Schedule "C" as Amended -- security and cash pay-n-wi-it Schedule "DI, as Amended — completion dates for the works; Subdivision Amending Agreement 2. PLANS Page 2 of 6 The following plans, -cin, as amended from I _- if required 1`6r the respective phase (stage) referred to herein, those submitted for cornplianec 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 1 nipl enici-itati oil: Plan showing the proposed storm and sanitary sewer systems Plan showing the proposed water distribution systcil'i Plan showing the proposed lot grading; 3. AGREEMENT BINDING The conditions herein contained forms part of the Subdivision Agreement and shall be appended thereto with all other covenants of the Subdivision Agreement remaining in effect including the benefit of this Agreement to be binding upon the parties hereto, their successors and assigns. 4. -AGFREEMENT REGISTERED This Amending Agreement shall be appended to the aforementioned Subdivision Agreement previously rcg,istcred on title by the 'Mown against all lands to which the Subdivision Agreement applies at the cost of, the Owner. UN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this day of" 1 2007. TILLSONBURG DEVELOPMENTS INC. Steve Smith, Vice President UWE Have Authority to Bind The Corporation THE COR RATION OF THE TOWN OF TILLSONBURG }- 1A'YOR Stephen Molnar CI—.FR K — Michael Graves )'I"I-IE CORPORATION OF THE COUNTY OF OXFORD WARDEN, c.A.0./C1crk Ken Whiteford Subdivision Amending Agreement SCHEDULE "A" AS AMENDED SUBDIVISION PLAN As prepared by King Husted Surveying I_Jtd., dated May 16, 2007. 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'7 INTERNAL AND EXTERNAL COSTS Cash Deposit or Letter of Credit upon Execution of Subdivision Amending Agreement to Town of Tillsonburg A) Construction Cost Estimate GST $3591850 21,591 $3811441 Security Prior to Construction and Registration of Subdivision Amending Agreement Irrevocable Letter of Credit $381,441 Subdivision Arliending Agreement SCHEDULE ``D" IMPLEMENrTATION SCHEDULE FOR PHASE 7 Page 6of6 Completion Date Month/Year 1. Underground Services - sanitary & storm sewers, watermain August 2007 2. Stormwater Management Pond Completed p d with Phase l 3. Road Construction - including curbs, granular A & B, base lift asphalt September p2407 4. Utility Servicing - Hydro, Gas, Telephone Cable TV September 2007 5. Sidewalks 2008/2009 (after lots are developed) b. Street Lighting September 2007 7. Boulevard Restoration - including topsoil and sod 200/2009 S. Top Lift Asphalt 2 - c. 009 to be confirmed with Town CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, TOWN OF TILLSONBURG