3436 To authorize the pre-servicing agreement between York Hop & Nautical Lands. 35 West Town Line.BY-LAW NUMBER 3436
A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF
THE TOWN OF TILLSONBURG AND ONTARIO INCORPORATE #2228166 YORK -
HOP CORPORATION
WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to
enter into an agreement with Ontario Incorporate #2228166 York -Hop Corporation.
THEREFORE the Council of the Town of Tillsonburg enacts as follows.-
THAT
ollows:
THAT the Agreement attached hereto as Schedule "A" and forming part of this By-law
between the Corporation of the Town of Tillsonburg and Ontario Incorporate #2228166
York -Hop Corporation 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 AND SECOND TIME THIS 12TH DAY OF JULY, 2010.
,I
READ A ;HIRD TIME PASSED THIS 12TH DAY OF JULY, 2010.
M MAYOR -Stephen Molnar
.r
CLERK -Kelley Coulter
TOWN OF TILLSONBURG
PRE -SERVICING AGREEMENT
THIS AGREEMENT made the 12th day of July, 2010.
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
Hereinafter called the "TOWN"
- And -
TILLSONBURG HYDRO INC.
Hereinafter called the "Corporation"
SWI -E
THE CORPORATION OF THE COUNTY OF OXFORD
Hereinafter called the "County"
-And-
Ontario
And -
Ontario Incorporate;42228166 York -Hop Corporation
Hereinafter called the "Owner"
1
WHEREAS the lands affected by this agreement are the lands set out in Schedule "A" (hereinafter
called the "LANDS"), which Schedule "A" is comprised of a written description of the said lands;
AND WHEREAS the Owner proposes to preservice said lands by constructing thereon a water
system, sanitary sewer system, a storm sewer system, road allowances, roadways, curbs and gutters, a
construction. water hydrant, 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:
I
1. DEFINITIONS
A) For purposes of this agreement, PRESERVICES shall be such of the water system,
sanitary sewer system, storm 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. THE COUNTY COVENANTS AND AGREES:
A) that it will supply such inspectors to make such inspections as may be required to enable
the County and/or the Town and/or the Corporation to accept the preservices herein
provided, it being understood that such inspectors are to be supplied at the expense of the
Owner; and
B) To assume the preservices, but only as long as all other provision of the draft approval of
subdivision have been complied with.
3. THE OWNER COVENANTS AND AGREES:
A) That the sole purpose of the agreement is to substantially negate the effect of the Owner
being required to put the performance security in place insofar as the preservices are
concerned and specifically acknowledges and agrees that the applicant shall enter into a
Subdivision Agreement with The County of Oxford and the Town of Tillsonburg. It is
recognized that until the same is executed and all other provisions thereof complied with
prior to issuance of any additional Building Permits relative to the lands and premises
included in the within agreement;
B) The owner understands that only a single Building Permit is permitted for the lands;
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 Town;
D) To pay the Town the following amounts prior to the execution of the within agreement
by the County and the Town:
a) Legal Fees associated with the preparation of the preservicing agreement
including registration on title $200.00
b) Total Due
$2,000.00
E) To supply the Town with a minimal deposit or line of credit, in a form acceptable to the
Town in the amount of $701)000 for the Town's protection for potential servicing
replacement which include: water, wastewater, storm water management, roads, gutters,
ditches and swales. The said monies will be held as a deposit and will be utilized only to
complete works that the owner does not. It is also recognized that these materials and
services provided for in this fee are not subject to the maintenance, acceptance and
assumption process, but are to be assumed by the Town immediately upon final
construction inspection without further obligation by the Owner.
F) To supply the Corporation a deposit or line of credit, in a form acceptable to the
Corporation, for the Corporation's purchase of transformers, completion of termination,
and site inspections during construction. It is recognized that the actual cost to the
Owner will be based on actual costs to the Corporation. It is also recognized that these
materials and services provided for in this fee are not subject to the maintenance,
acceptance and assumption process as not subject to the maintenance, acceptance and
assumption process, but are to be assumed by the Corporation immediately upon
construction without further obligation by the Owner.
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G) The owner agrees to grant a registered easement required on lands to facilitate the
decommissioning of the municipal drain present.
H) 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
pg contemplated by the within agreement is not commenced and/or finalized
and/or the Draft Subdivision Agreement is not executed and complied with.
1) To confirm street names to the satisfaction of the Town.
J) Nothing in this agreement constitutes acceptance by the County of Oxford and the Town
of Tillsonburg of the services provided by the Owner. Services will have to be inspected
prior to acceptance.
K) 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. AGREEMENT REGISTERED
This Preservices Agreement shall be registered on title against all lands and superseded by the
aforementioned Subdivision Agreement. All actual legal fees for the registration,, against all
lands, to which the Preservicing and Subdivision Agreement applies at the cost of the Owner.
5. TERM
The term of this agreement is for I (one) year from the date of signing. The Owner will follow
the intended implementation Schedule listed as Schedule "B".
IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this
12th day of July. 2010.
Ontario Incorporate #2228166 York -Hop Corporation
I/WE Have Authority to Bind The Corporation
THE CO RATION OF THE TOWN OF TILLSONBURG
THE CORPORATION OF THE COUNTY OF OXFORD
WARDEN,
C.,N.0./Clerk -- Mike Bragg
SCHEDULE "A" AS AMENDED
The Lands
41R8458
1)
Parts 1, 2, -i
.3 5.67Acres
'35 West Town Line
SCHEDULE "B"
IMPLEMENTATION SCHEDULE
1. Underground Services -- Sanitary & Storm Sewers, Water main
2. Storm water Management Pond
3. Road Construction- including Curbs, Granular A & B, Base Lift Asphalt
4. Utility Servicing — Hydro, Gas, Telephone, Cable TV
5. Sidewalks
6. Street Lighting
7. Boulevard Restoration -- including topsoil and sod
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Completion Date
Month/Year
August 2010
August 2010
September 2010
August 2010
July 2011
September 2010
July 2011
8. Top Lift Asphalt June 2012
1. Underground Services
Sanitary & Storm Sewers, Water main
2. Storm water Management Pond
3. Road Construction
(includes Sidewalks)
4. Utility Servicing -- Hydro
5. Sidewalks
6. Street Lighting -Hydro
7. Boulevard Restoration
(includes topsoil and sod)
8. Top Lift Asphalt
SCHEDULE "C"
SERVICING COST
Budgeted Costs
$2261390
$1801000
$300,000
separate THI agreement
see item 3
subdivision agreement
subdivision agreement
subdivision agreement
Factor
.10
.10
.10
EAV
Total
22,639
18,000
30,000