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3435 To authorize an agreement between the Corporation of the Town of Tillsonburg and Hayhoe Homes (H.J. Hayhoe Ltd.)BY-LAW NUMBER 3435 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND HAYHOE HOMES (H. J. Hayhoe Ltd.) WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with Hayhoe Homes (H.J. Hayhoe Ltd.). THEREFORE the Council of the Town of Tillsonburg enacts as follows: THAT the Agreement attached hereto as Schedule "A" and forming part of this By-law between the Corporation of the Town of Tillsonburg and Hayhoe Homes (H.J. Hayhoe Ltd. is hereby approved; 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 .,"D SECOND TIME THIS 12TH DAY OF JULY, 2010. READ A TWPoD TIME PASSED THIS 9t' :DAY OF AUGUST 2010. ,1, MAYOR -Stephen Molnar r ' J T �p CL RK -Kelley Coulter DEVELOPMENT CHARGE EARLY PAYMENT AGREEMENT THIS AGREEMENT made this the 12th day of July, 2010 BETWEEN Hayhoe Homes (H. J. Hayhoe Ltd.) (Hereinafter referred to as the "Applicant") And Corporation of the Town of Tillsonburg (Hereinafter referred to as the "Municipality") WHEREAS the Applicant has entered into an binding agreement of purchase and sale to become the registered owner of the lands (by January 2011) described in Schedule "A" attached hereto (the "Lands")., WHEREAS the Lands are not owned by the Applicant and are being developed by a third party by way of plan of subdivision; AND WHEREAS the Municipality's Development Charges By-law No. 3361 is applicable to the Lands and charges there under are payable by the Applicant in accordance with the Development Charges Act, 1997, S.O. 1997, c. 27; AND WHEREAS the Development Charge Act, 1997 provides that a municipality may enter into an agreement with persons who are required to pay a development charge providing for all or a portion of the development charge to be paid before it would otherwise be payable; AND WHEREAS the Municipality has published notice and enacted a development charge by- law which would have the effect of increasing the quantum of development charges payable in connection. with the Applicant's proposed development; AND WHEREAS a third party has executed a. subdivision agreement with the Municipality in conjunction with its development application for the Lands which would otherwise have contained details respecting the payment of development charges and pursuant to the Agreement of Purchase and Sale between the third party and the Applicant, the Applicant is prepaying the Development Charges; AND WHEREAS the Applicant has agreed that it will enter into an agreement with the Municipality providing for the payment by the Applicant of such development charges and such. other terms and conditions satisfactory to the Municipality. NOW THEREFORE IN CONSIDERATION OF the Municipality waiving the increased development charges and the Applicant paying the Development Charges in advance, the parties hereto agree one with the other as follows: 1. AUTHORITY TO PREPAY DEVELOPMENT CHARGES The applicant acknowledges that development on the Lands will require the payment of development charges in accordance with section 26 of the Development Charges Act, 1997. The Applicant also acknowledges that this is an agreement made pursuant to section 27 of the Development Charges Act, 1997 which provides for the payment of development charges before 0) the date or dates otherwise required. For clarity, no other fees, charges and/or levies are waived and all other fees, charges and/or levies relating to the subdivision, construction of a building and/or construction on a lot are still applicable and must be paid. 2. TIME FOR PAYMENT OF DEVELOPMENT CHARGES (1) The Applicant hereby covenants and agrees that it will pay all development charges associated with the 28 lots per Schedule A as may be required by the Municipality, including but not limited to the payment of all hard services charges pursuant to Development Charges By-law No.3 3 61, as indexed, and the payment of all other charges pursuant to Development Charges By- law No.3361 as indexed, and hereby agrees to pre -pay such charges at the dates set out below, notwithstanding any future amendments to the Municipality's Development Charges By-laws or the enactment of new development charge by-laws; (a) all ether charges pursuant to By-law No. 3 3 61, as indexed, which would otherwise be payable on the date of building permit issuance, shall be paid to the Municipality on an agreed upon date. (2) The Municipality hereby acknowledges that prepayment of development charges by the Applicant in the manner set out in subs. (1) herein will completely discharge the Applicant's obligations to make any further development charge payments under By-laws No. 3 3 61, notwithstanding any revisions or amendments thereto and notwithstanding the enactment of any successor development charge by-laws. The Municipality specifically waives any rights or entitlements it may have to make demand for payment of any further development charges from the Applicant or other persons in respect of the Lands. 3. WAIVER OF CREDITS The Applicant agrees to waive, to forfeit and not to assert any right to make any direct or indirect claim, demand, application, action or appeal which it may have or become entitled to have with respect to requesting payment, repayment, credit or reimbursement by the Municipality of any amounts it has paid as development charges under this Agreement. 4. SECURITY In order to guarantee the prepayment of development charges as required under Section 2 herein, the Applicant agref�s to provide the amount of $83,216 at the date of execution of the Agreement. The Applicant acknowledges that the prepayment of the development charges is not being held in trust, no interest shall accrue on such prepaid development charges, the amount paid by the Applicant is non-refundable and the prepaid development charges may only be applied to the lots as listed in Schedule A. At no time and for no reason whatsoever and howsoever arising shall the Applicant be permitted to a refund or reimbursement of the prepaid Development Charges including, but not limited to, if the Applicant does not construct on the lots. Upon the Applicant paying the prepaid Development Charges the Applicant acknowledges that it is forever releasing such monies to the Municipality. 5. ACKNOWLEDGMENT The parties hereby acknowledge that this Agreement pertains only to Development Charge By - Law No. 3361. The Applicant specifically acknowledges that no special area development charge by-law currently applies to the Lands but that if it is contemplated that a special area development charge by-law may be enacted by the Municipality prior to the Applicant entering 3 into a 'subdivision agreement pertaining to the Lands [or receiving building permits that allow construction or buildings or structures on the .Lands] . The Applicant acknowledges that if a new special area development charge by-law comes into effect it hereby covenants and agrees that nothing in this Agreement exempts it from paying such development charges as may be applicable at such. times as are required under said by-law or the Development Charges Act, 1997. 6. WITHHOLDING OF BUILDING PERMIT ISSUANCE The Applicant acknowledges and understands that the Municipality may withhold issuance of a building permit or permits in respect of the Lands if the Applicant has not paid development charges in accordance with this Agreement. 7. REGISTRATION ON TITLE The Applicant hereby covenants and agrees that this Agreement and any schedules attached hereto may be registered upon title to the Lands and that such registration shall be at the instance of the Municipality and at its sole and absolute discretion. The Applicant further covenants and agrees to prepare and register this Agreement and pay all costs associated therewith., as well as all other costs incurred by the Municipality as a result of the registration of any other documents pertaining to this Agreement, including but not limited to, any amendment thereto. 8. EXECUTION OF AGREEMENT It is hereby understood and agreed that this Agreement must be executed by the Applicant and delivered to the Municipality either with. payment as required by Clause 4. In the event that the Agreement is not so executed by the Applicant within the said thirty (30) day period, the Municipality, may, at its sole discretion, refuse to execute this Agreement. 9. NOTICES (1) Any notice, demand, acceptance ore request required to be given hereunder in writing, shall be deemed to be given if either personally delivered or mailed by registered mail, postage prepaid, or by facsimile transmission (at any time other than during a general discontinuance of postal services due to a strike, lockout or otherwise) and addressed to the Applicant as follows: William Hayhoe, President, Hayhoe Homes, 519-633-2037 or such change of address of fax number as the Applicant has by written. notification forwarded to the Municipality; and to the Municipality as follows: Kelley Coulter, CAO, Town of Tillsonburg, 519-842-9431 or such change of address as the Municipality has by written notification forwarded to the Applicant. (2) Any notice shall be deemed to have been given to and received by the party to which it is addressed: (a) if delivered, on the date of delivery; 4 (b) if mailed, then on. the fifth day after the mailing thereof; or (c) if faxed, on the date of faxing provided an original receipt confirmation can be provided 10. WARRANTY The Applicant represents and warrants to the Municipality as follows: (a) the .Applicant is a corporation validly subsisting under the laws of Ontario and has full corporate power and capacity to enter into this Agreement and any documents arising from this Agreement; (b) all necessary corporate action has been taken by the Applicant to authorize the execution and delivery of this Agreement. 11. BINDING ON SUCCESSORS It is hereby agreed by and between the parties hereto that this Agreement shall be enforceable by and against the parties hereto, their heirs, executors, administrators, successors and assigns and that the Agreement and all the covenants by the Applicant herein contained shall run with the Lands for the benefit of the Municipality. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals duly attested by the hands of their proper signing officers in that behalf. SIGNED, SEALED AND DELIVERED ) Hayhoe Homes (H. J. Hayhoe Ltd.) Name: Wil iam Hayhoe Title: President I have to bind the corporation. Corporation of the Town of Tillsonburg f �P J -�� Stephen Molnar, Mayor Kelley Coulter CAO/Clerk SCHEDULE "A" SECURITY Payment of Town of Tillsonburg Development Charge by Hayhoe Homes. 27 -May -10 Lot/Unit # Street/Project House # Plan Number Town of Tillsonburg Develop ent Charge 5 Park Place, Tillsonburg 10 41 M 251 $ 2,972.00 6 Park Place, Tillsonbur 12 41 M 251 21972.00 7 Park Place, Tillsonbur 14 41 M 251 27972.00 8 Park Place, Tillsonbur 16 41 M 251 27972.00 9 Park Place, Tillsonbur 18 41 M 251 2,972.00 10 Park Place, Tillsonbur 20 41 M 251 2,972.00 11 Park Place, Tillsonbur 22 41 M 251 21972.00 12 Park Place, Tillsonbur 24 41M 251 2,972.00 13 Park Place, Tillsonburg 26 41 M 251 27972.00 16 Park Place, Tillsonbur 34 41 M 251 2,972.00 17 Park Place, Tillson 36 41 M 251 2?972.00 18 Park Place, Tillsonbur 38 41 M 251 2?972.00 23 Park Place, Tillsonbur 48 41 M 251 27972.00 24 Park Place, Tillsonburg 50 41 M 251 2,972.00 25 Park Place, Tillsonbur 52 41 M 251 2,972.00 26 Park Place, Tillsonbur 54 41 M 251 2,972.00 35 Park Place, Ti I Isonbur 35 41 M 251 27972.00 37 Park Place, Tillsonbur 31 41 M 251 27972.00 38 Park Place, Tillson 29 41 M 251 21972.00 39 Park Place, Tillsonbur 27 41 M 251 27972.00 40 Park Place, Tillson 25 41 M 251 21972.00 41 Park Place, Tlllsonburg_ 23 41 M 251 27972.00 42 Park Place, Tillsonbur 21 41 M 251 2?972.00 43 Park Place, Tillson 19 41 M 251 27972.00 45 Park Place, Tillsonbur 15 41 M 251 2,972.00 46 Park Place, Tillson 11 41 M 251 27972.00 47 Park Place, Ti I Isonbur 9 41 M 251 2,972.00 51 Park Place, Tillsonbur 1 41 M 251 21972.00 $ 83? 216.00