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3868 Schedules 'A' 'B' 'C' - Agreement to sale land 253 Broadway to Rego Management and 228495 Ontario LtdAGREEMENT OF PURCHASE AND SALE BEnVEEN · THE CORPORATION OF THE TOWN OF TILISONBURG, hereinafter called the Seller, -and- Rego Management and 228495 Ontario Inc, hereinafter called the Buyer, AND WHEREAS the Seller owns the subject property and Is desirous of Selling the subject property; NOW THEREFORE THE PAJmES, In consideration of the mutual covenants and agreements hereinafter set out, hereby agree as follows: 1. PROPERTY DESCRIPTION The Buyer hereby offers to purchase from the Seller real property frontlng·on the li!!§I side of BROADWAY in the Town of Tilisonburg having a frontage of 123 FEET !37.47 METRES! more or less by a depth of 168 FEET 151.1 METRES) more or less, containing approximately 0.47 11.913 SQUARE METRES) acres and legally described as PARIS 4 AND s. PLAN 41R:§Z62. 2. PURCHASE PRICE The purchase price shall be Three Hundred Fiftv Thousand Dollars (~50.000 Cdn.) calculated at the rate of Seven Hundred forty- . Four Thousand Six Hundred EiQbtv-Clne Dollars ($744.681 Cdn.) per acre. 3. DEPOSIT The Buyer submits with this Offer the sum of Thirty-Five Thousand Dollars ($$35.000.00 Cdn)"by cheque payable to the Selle~ upon acceptance, as a deposit to be held by it, In trust, pending completion or other termination of this Agreement and to be credited towards the purchase price on completion, and the Buyer further agrees to pay the balance of the purchase price, by cash or certified cheque, on dosing, subject to the adjustments contemplated herein. For the purposes of this agreement, "upon acceptance• shall mean the date of approval by bylaw of the agreement. The parties to this Agreement hereby acknowledge that the deposit shall be placed in the Seller's bank account upon acceptance and no Interest shall be paid on the deposit. rt M /' 4. IRREVOCABLE DATE , \A . ~ cr 4 ~ .._ "j).AIIJ, 1\RY, )..o\ <;" This offer shall be irrevocable by Buyer until 6 PM on th~ day of a!eiMag!!. ~016, after which ti e, if not accepted by the Council of the Corporation of the .Town ofTIIIsonburg, thl~ Offer shall be null and void and the deposit returned to the Buyer in full Without Interest. Further, the Buyer acknowledges that negotiation of this offer, including all amendments Is conditional upon the approval of the Council of the Corporation of the Town of Tlllsonburg and that the negotiation and/or execution of the terms in this offer by the Director of Development and Communications or his designate in no way binds the Corporation to any of the terms contained therein. 5. CONDmONAL DATE The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of the following terms and conditions on or before JANUARY 30. 2015. which terms and conditions are for the exclusive benefit of the Buyer and may be waived in whole or in part by the Buyer. If the conditions are not fulfilled or waived then the deposit shall be returned and the Agreement.arising from the offer shall be at an end and all parties released from their obligations. a. · The Seller hereby grants the Buyer and Its agents access to the property and Its consent to conduct ail reasonable soil and environmental tests and investigations on any of the property and If the results of such tests are unacceptable to the Buyer in Its sole discretion, the Buyer may, by written notice to the Seller, delivered on or before the Conditional Date, terminate this Agreement. The Seller agrees to provide, at the Seller's expense, a Phase 1 and Phase 2 Environmental Site Assessment if required. In such event, the deposit shall be returned forthwith to the Buyer, without Interest dr deduction and all parties shall be released ·from their respective ob6gatlons hereunder. • The Buyer covenants to restore the property to substantially the same condition as they were prior to their entry thereon for testing at their sole expense. edges that the Seiler provides no warranties or representations concerning the environmental 5\j~~):lj:lf~~~p'rroperty, soil conditions or the existence of any items under the surfa~ · . Seller's Initials ~ b. 1 ---,--- ' ~-· c. The Buyer acknowledges that the property is being sold by the Seller pursuant to the Surplus Lands Policy in effect at the date of this AgJ:eement. 6. TrrLE SEARCH DATE The Buyer shall be allowed until6:00 PM on the 16"' day of December2014, (Requisition Date) to examine the title to the property at his own expense and to satisfy himself that the Industrial use thereon is lawful. 7. COMPLETION DATE This agreement shall be completed by no later than 6 PM on the 27"' day of Februarv. 201,2. Upon completion, vacant possession shall be given to the Buyer unless otherwise provided in this Agreement. 8. TITLE Provided that the ·title to the property is good and free from all registered restrictions, charges, liens and enclimbrances except as otherwise specifically provided for In this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are compiled with; (b) any registered municipal agreements and registered asreements with publicly regulated utilities provided such have been complied with or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines, fibre lines or any other services which do not materially affect the use of the property. If, within the specified times for Title Search any valid objection to title or to the faCt that an commercial use may not be lawful on the property is made, in writing, to the Seller, In which the Seller Is unable to, or unwllllng to remove, remedy or satisfy, and which the Buyer will not waive, this Agreement, notwithstanding any intermediate acts or negotiations in respect to such objections, shall be at an end and all monies paid shall be returned without interest or deduction and the Seller shall not be liable for any costs or damages. Save as to any valid objections so made by such day and except for objections going to the root of title, Buyer shall be conclusively deemed to have accepted the Seller's title to the property. · 9. DOCUMENTS The Buyer shall not call for the production of any title deed, abstract. survey or any other evidence of title to the property. except such as are in the possession or control of the Seller. If requested by the Buyer, Seller will deliver any sketch or survey of the property within Seller's control to Buyer as soon as possible and prior to the Requisition Date. 10. FUTURE USE Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by the Buyer Is or will be lawful except as may be specifically provided for in this Agreement. 11. ADJUSTMENTS Realty taxes including local improvement rates and unmetered public or .Private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the date of completion, the day of completion itself to be apportioned to the Buyer. lZ. DOCUMENT PREPARATION The transfer/deed shall, save for the Land Transfer Tax Affidavit which shall be prepared and completed by the Buyer, be prepared in registerable form at the expense of the Seiler. 13. CLOSING ARRANGEMENTS Where each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the Property, and where the tr.!lnsaction will be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 199!), Chapter L4 and the Electronic Registration Act, S.O. 1911, Chapter 44, and any amendments thereto, the Seller and Buyer acknowledge and agree that the exchange of closing funds, non-registrable documents and other items (the "Requisite Deliveries") and the release thereof to the Seller and Buyer will (a) not occur at the same time as· the registration of the transfer/deed (and any other documents Intended to be registered in connection with the completion of this transaction) and (b) be subject to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hol.d same in trust and not release same except In accordance istration asreement between said lawyers. The Seller and Buyer irrevocably instruct the said •stration agreement which is recommended from time to time by the Law Society of Upper . Seller's Initials h . . 2 --~- canada. Unless otherwise agreed to by the lawyers, such exchange of Requisite Deliveries .will occur in the applicable Land Titles Office or such other location agreeable to both lawyers. 14. HARMONIZED SALES TAX (HST) If this transaction Is subject to HST, then such tax shall be In addition to the purchase price. The Seller will not collect HST If the Buyer provides to the Selier a warranty that the Buyer is registered under the Excise 'll!x Act ("ETA"), together with a copy of the Buyer's ETA registration, a warranty that the Buyer shall self-assess and remit the HST payable and file the prescribed form and shall . . . Indemnify the Seller in respect of any HST payable. The foregoing warranties shall not merge but shall survive the completion of the transaction. If the transaction is not subject to HST, Seller agrees to certifY on or before closing that the transaction is not subject to HST. 15. TiME OF THE ESSENCE Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein · may be extended or abridged by an agreement in writing signed by the Seller and Buyer or by .their respective lawyers who are specifically authorized in that regard. 16. TENDER Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers on the day set for completion. Money may be tendered by a bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or caisse Populaire. 17. FAMILYLAWACT Seller warrants that spousal consent Is not necessarv to this transaction under the provision of the Family Law Act, R.S.O. 1990 unless Seller's spouse has executed the consent hereinafter provided. 18. LEGAL, ACCOUNTiNG AND ENVIRONMENTAL ADVICE The parties acknowledge that any Information provided by the Buyer Is not legal, tax or environmental advice and that it has been recommended that the parties obtain independent professional advice prior to signing this. document. 19. CONSUMER REPORTS The Buyer Is hereby notified that a consumer report containing credit and/or personal information may be referred to in connection with this transaction. 20. NOTICES Notice to either party shall be given at the following addresses: If to the Seller: 21. BROKER REPRESENTATION Att: Development Commissioner Corporation of the Town ofTIIIsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Fax: 519.842.9431 If to the Buyer: Rego Management and 228495 Ontario Inc 766 Hespeler Rd cambridge, ON N1R 5LB The Buyer hereby confirms that Cliff Rego. Broker IRe/Max Real Estate Centre Inc Bro!seragel. Is representing the Buyer in this transaction and the Broker shall receive payment of the standard commission of 5%. Seller's Initials -.~\k:;.....::::_ __ 3 22. AGREEMENT IN WRmNG In there is a conflict between any provision added to this Agreement (including any Schedule attached hereto) and any provision In the typewritten hereof, the added provision shall supersede the typewritten portion to the extent of such conflict or discrepancy. This Agreement including any Sch~ule attached hereto shall constitute the entire Agreement between the Buyer and Seller. There Is no representation. warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 23. SUCCESSORS AND ASSIGNS The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. BUYER AC!(NOWLEDGEMENTS 24. INSPECTION The Buyer acknowledges having inspected the property prior to submitting this offer and understands that upon the Seller accepting this offer there shall be a binding Agreement of Purchase and Sale between the Buyer and the Seller. 25. CONDmON OF THE PROPERTY The Buyer acknowledges and agrees that it is purchasing the property in its present condition, "as is" and will conduct, by the Conditional Date. all inspections that it reasonably requires to determine if the property has been used as a waste disposal site or contains waste as thatterm has been defined and/or designated pursuantto the Environmental Protection Act (Ontario) or any federal legislation of similar type or nature and that the Buyer acknowledges that the Seller makes no rep~entatlon or warranty concerning soli conditions, the existence of any items below the surface and/or the environmental status of the property at the time of sale. The Buyer further acknowledges and agrees that It will conduct such tests as It deems necessary to determine to its satisfaction that the soli conditions for the property are satisfactory to support the development and construction of the building and other structures contemplated ·for its proposed use of the property. 26. PROVISION OF PLANS The Buyer. agrees that prior to the Issue of a building permit the Buyer shall provide to the Department of Development & Communications of the Seller a plan showing the location of the building(s) and outside storage, the front elevation of the buildlng(s), the exterior building materials, the landscaping treatment and the screening of outside storage. The obligation of the Buyer set out In this paragraph shall not merge on closing. 27. PREUMINARV DEVELOPMENT AGREEMENT The Buyer agrees that the title of the Buyer to the said lands will be subject to the covenants and agreements substantially in the form attached hereto as Schedules "A" and agrees to execute a form of preliminary development agreement containing the same which shall be registered on title at the time of closing. 28. ASSIGNMENT The Buyer undertakes that the only assignment of this agreement will be by way of direction that title be drawn in the name of another corporation which has the same shareholders (owner). This will be confirmed by the Purchaser's solicitor prior to closing along with confirmation that the Purchaser's solicitor has no knowledge of any intention on the Purchaser's part to sell the shares to another party. SELLERACKNQWLEDGEMENTS 29. SURVEY The Seller agrees to provide to the Buyer, at the Seller's expense, an up-to-date reference plan of the property, prepared by a qualified Ontario Land SUrveyor under seal, showing the size and measurements of the property to describe the land for a registerable transfer. Further, the Seller agrees to provide a surveyor's certificate as to the precise acreage of the Property whereupon the purchase price to be paid shall be adjusted accordingly if the certificate indicates that the acreage is more or less than described in Paragraph 1 above and such certificate shall be final and building upon the Seller and Buyer. 30. DISCHARGE OF ANY MORTGAGES, LIENS OR ENCUMBRANCES ortgages,llens or encumbrances, If any, registered against the property at its own expense, on or Seller's Initials lli. 4 ·-----~~--- 31. EXISTING SERVICES The Seller agrees, without payment by the Buyer of additional levies, Imposts or charges, to supply to the property all existing municipal services currently in place and serving the property Including paved roads, hydro, water, sanitary sewers and storm drainage ditches. Such municipal services to be available on or before closing. The Buyer acknowledges and agrees that it will be responsible for any fees to connect laterals to water, sanitary sewers, and hydro at the standard charges Imposed by lillsonburg Hydro Inc and the Town oflillsonburg/County of OXford Engineering Departments as well as any costs associated with the Installation of laterals to connect to services within the municipal road allowance. The Buyer further acknowledges that It will be responsible for compUance with any onslte or abutting drainage requirements incluamg lot grading or drainageswales, ditches or conduits that may be required including costs associated with construction or installation of same as a result of any proposed development on the property and as a condition of approval of such development. The Buyer acknowledges that a Road Occupancy Permit must be obtained for any works undertaken on lillsonburg's road allowance(s) and the Buyer shall provide a cash deposit In an amount satisfactory to the Director of Operations to guarantee the performance of the owner's obligations pursuant to the Road Occupancy Permit and to Indemnify the Town oflillsonburg for any costs incurred as a result of works undertaken on the road allowance(s) In addition to any security required pursuant to this Agreement. The obligations of the seller set out in this paragraph shall not merge on closing. 3Z. REASONABLE ASSISTANce BY THE SEllER The Seller agrees to provide reasonable assistance and co-operation to the Buyer in obtaining necessary approvals for the development of the property subject to the Buyer's compliance With all relevant building codes, bylaws, land use controls, any other statutory requirements and payment of the fees provided for In the Town's current fees bylaw. The obligations of the seller set out in this paragraph shall not merge on dosing. DATED at~"' SIGNED, SEALED AND DELIVERED In the Presence of ~~\~'D.-S(r this. ) ) ) ) ) ) ) ,s ,· ' 20'-----'-'"'-- 1 have the authority to bind the corporation Seller's InitialsJ!)D111:....1""<---s -,---- . i SCHEDULE UAU-RESTRICTIVE COVENANTS This Schedule Is attached to and forms part of the Agreement of Purchase and Sale between GENERAL CONDITIONS: BUYER ("Transferee«, Rego Management and 228495 ontario Inc), and SELLER ("Transferor", The Corporation of the Town of Tillson burg for the purchase and sale of Parts 4 and 5, Pian 41R-6262. ~!~Hr r, 2.014, an Ill be registered on title for the property. The Transferee agrees that the title of the Transferee to the said lands will be subject to the covenants and agreements substantially in the form contained herein as Schedule "A" and agrees to execute a form of preliminary development agreement containing the same which shall be registered on title at the time of closing. 1. The Transferee acknowledges that the property is being sold by the Transferor pursuant to the proposal received by the Town of Tillsonburg through the Request for Expressions of Interest (RFEI} process· established March 6, 2014 and the corresponding information provided by the Transferee in the proposal submitted to the Town and that any changes in · initial use or tenancy must be approved by the Town ofTillsonburg. 2. The Transferee and the Transferor mutually agree on the merits of developing the land consistent with the existing quality and design as evidenced by development In the downtown and as contained within the central Area Design Study (2012}. 3. The Transferee acknowledges that the property is subject to Site Plan Control as per Bylaw 3513 and that that an agreement will be required prior to the Issuance of a building permit. As part of the review process, the Transferee will be required to submit the following drawings, if applicable, for approval by the Town ofTlllsonburg: (a) Overall Site Plan Including location and screening for outside storage; (b) Floor plan; (c) Building elevations; (d) Proposed exterior materials; (e) Landscaping plan; (f) servicing plan; etc. Further, the Transferee acknowledges and agrees that they wlil be required to provide a security deposit in accordance with the Town ofTillsonburg's Site Plan Bylaw. 4. Minimum lot coverage will be 20% unless otherwise approved by the Transferor In writing. S. All sales of land are subject to applicable zoning by-laws and any other regulatory bylaws of the Town of Tillsonburg and the County of Oxford. 6. The Transferee will be subject to the regulations of the Town, County of Oxford and Province of Ontario, Ministry of the Environment, governing the discharge of wastes and effluents into municipal sanity sewers and will provide the necessary environmental protection and be liable for the cost of any pretreatment which may be required to comply with the said regulations. 1. These conditions of sale shaD continue to be binding on both of the parties hereto and shall not merge on completion of the transactions but shall remain binding on both of the parties. TRANSFEREE'S ACKNOWLEDGEMENTS AND COVENANTS: 8. The Transferee covenants and agrees that it will, within one (1) year of the date of registration of the Transfer of the land herein described from the Transferor to the Transferee, start construction thereon of an building. to cover not less 20% lot coverage, the plans for which have been approved by the Transferor, and to complete construction of such building within one (1} year of the start of such construction. The Transferee covenants to deliver to the Transferor, in writing. at the Development Commissioner's Office, Town ofTiilsonburg Corporate Office, 200 Broadway, Suite 204, TIIIsonburg. Ontario, a schedule of the times of commencement of construction and completion of construction and shall keep the Transferor Informed by written notice of any changes In the schedule and of any delay in construction tim~· which occu o~m . occur. P,i w '-"~ of[<.._ t · N..~.' J...t;..! · 9. If the Transferee does not start and complete construction of an iREiusl.l'llll building. In accordance w e provision of Paragraph 8 above, within the periods therein set out, the Transferor shall have the option of repurchasing the said lands from the Transferee at ninety (90%) percent of the original purchase price, without Interest, and free froin any and· all encumbrances, and the Transferee shall provide to the Transferor all cessations of charges and releases of other encumbrances and execute all Transfers and assurances as may be requisite in order to transfer a good and marketable title to the Transferor within thirty (30} days of having been requested to do so by the Transferor. The said option may be exercised by the Transferor on sixty (60) days notice In writing at any time, provided that the TraOsferee may, at any time. after three (3} ye o the time of default, give notice in writing to the Transferor at the Development Commissioner's Office, T burg porate Office, 200 Broadway, Suite 204, Tillsonburg. ontario, requ· the Transferor to t e rchase the lands as aforesaid. If, after receiving such notice from.the Tran e, he Transferor Seller's Initials _ _,_ ___ _ 6 ~---- does not exercise its right to repurchase the said lands by giving notice in writing, mailed· to the address for service of the Transferee as shown on the Transfer, of such Intention within ninety (90) days of receipt of the said notice from the Transferee, then the Transferor's right to repurchase said lands under the provision of this paragraph shall terminate. 10. Construction of the building shall be considered to be commenced when any required building permits have been obtained and the forms for the footings are in place. The building shall be considered to be completed when substantial performance has taken place, as such Is defined by the Construction Uen Act, R.S.O. 1990. Provided that appropriate allowances shall be made for default caused by delays resulting from fires, strikes, floods, acts of God, or the Queen's enemies, or lawful acts of public Authorities, or delays caused by material suppliers or common carriers which cannot reasonably be foreseen or provided against. 11. Unless the covenants In paragraph 8 have been satisfied, the Transferee covenants that it will not sell the said lands, or any part thereof, to any person, firm or corporation, without first offering in writing, delivered to the Development Commissioner's Office, Town of Tlllsonburg Corporate Office, 200 Broadway, Suite 204, Tlllsonburg, Ontario, to sell such lands to the Transferor at a price equal to ninety (90%) percent of the original purchase price paid by the Transferee to the Transferor, and free from any and all encumbrances. For the purpose of this paragraph, If the Transferee is a corporation, the word "self', In addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the corporate shareholdlng of the Transferee by the person or persons who, at the date of the transfer of lands by the Transferor to the Transferee, holds or hold a majority of the corporate shares. The Transferor shall have ninety (90) days from the receipt of an offer made by the Transferee, under the provisions of this paragraph, to accept such offer. Such acceptance shall be in writing and mailed to the address for service of the Transferee as shown on the Transfer. If the Transferor does not accept an offer to sell, made by the Transferee under the provision of this paragraph, the Transferor's right, provided In this paragraph to repurchase the lands so offered, shall terminate. Provided however, that the Transferee may sell or otherwise transfer the said land to a subsidiary or affiliate corporation as defined in the Business Corporations Act, R.S.O. 1990, without first so offering to sell the lands back to the Transfi!ror provided such subsidiary confirms the acceptance of the within building covenants and the offer of re-sale in this paragraph and expressly undertakes in writing to comply therewith, by execution of such documents, in confirmation thereof, as the Transferor may require. THIS IS SCHEDULE "A" to the Agreement of Purchase and Sale between Rego Manager:nent/228495 Ontario Inc and the COrporation of the Town of.Ttllsonburg. SIGNED, SEALED AND DELIVERED in the Presence of 7 Seller's Initials _.;k_:IIW"'--- S.CHEDULE •a•-PROPOSED DEVELOPMENT lbls Schedule Is attached to and forms part Of the Agreement of Purchase and Sale between BUYER ("Transferee", Re{IO Management and 228495 Ontario Inc), and SELLER ("Transferor", lbe Corporation of the Town ofTIIJsonburg for the purchase and sale Of Parts 4 and s, Plan 41R-6262 dated the :c~iff.iay of ~4, and will be regl . ~· - lbis offer is conditional upon the Buyer, at the Buyer's expense, sati g himself, in his sole, absolute and unfettered discretion, that (1) building permits will be available for the construction of a commercial/residential, mixecl-use structure on the subject property upon the submission of proper applications and payment of applicable fees, Including development charges and (2) as to the economic feasibility and marketability of the subject property. Unless the Buyer gives notice, in writing, delivered to the Seller by January 30, 2.015, that this condition Is fulfilled, this offer shall be null and void and the deposit shall be returned to the Buyer in full without Interest or deduction. This condition is included for the sole benefit of the Buyer and may be waived at his option by notice in writing to the Seller within the time period stated herein. This Offer is conditional upon the approval of the terms herein by the Buyer's solicitor on or before November 30, 2014. Unless the Buyer gives notice, in writing, delivered to the Seller that this condition is fulfilled, ·this offer shall be null and void and the deposit shall be returned to the Buyer in full without interest or deduction. This condition is included for the sole benefit of the Buyer and may be waived at his option by notice In writing to the Seller within the time period stated herein. Notwithstanding the completion date set out in this Agreement, the Seiler and Buyer agree that the Buyer may extend the date of completion of this transaction by up to sixty (60) days upon gMng a minimum of fifteen (15) days notice, in writing, to the Seiler. The Purchaser, Rego Management, is a registered Sales Representative. This offer Is conditional upon the Buyer being satisfied, In their sole and absolute discretion, as to the solution regarding the thirteen municipal parking spaces currently located on the property. Unless the Buyer gives notice, in writing, delivered to the Seller that this condition is fulfilled, this offer shall be null and void and the deposit shall be returned to the Buyer in full without interest or deduction. This condition is included for the sole benefit of the Buyer and may be waived at his option by notice in writing to the Seller within the time period stated herein. lbe Buyer acknowledges that Part 4 on Plan 41R-6262 Is subject to a right of way for Ingress and egress per instrument 426254. Notwithstanding any other term of the Agreement of Purchase and Sale or .any schedule attached thereto, all sales of land and the development of this property and/or the construction of any building on this property Is subject to compliance with zoning by-laws and any other regulatory bylaws of the Corporation of the Town of Tillsonburg and the County of Oxford. The Transferee acknowledges that there was no term, representation, promise or covenant, express or Implied, by the Transferor or any of its agents, employees, officers, directors or counsellors that waives, suspends or modifies compliance with zoning by-laws, site plan approval and/or any other regulatory bylaws of the Corporation of the Town of Tillson burg and/or the County of Oxford. Further, the Transferee acknowledges that there was no term, representation, promise or covenant, express or Implied, by the Transferor or any of its agents, employees, officers, directors or counsellors that the Transferor will pass, support or approve any by-law, minor variance, severance·or Official plan amendment. Buyer's Initials~ 8 Seller's Initials -l!~w:::;_ __ ----r--,-~ --- SCHEDULE "C" Notice of Request for Expression of Interest 253 Broadway, Tillsonburg, ON Cliff Rego, Broker RE/MAX Real Estate Centre Inc. cliff@cliffregoteam.com /519-740-7222 5/20/2014 ---------- Name of Individuals/Corporation/Consortium 1. 228495 Ontario Inc 2. Rego Management Description of Proposal: The following proposal has been created to provide you with a conceptual understanding and idea on our vision pertaining to the Site known as 253 Broadway with the construction of a mixed-use development. We recognize that the Downtown has a number of significant heritage buildings, landscapes and cultural elements that should be protected and enhanced through this development. We, much like the City ofTillsonburg, wish to maintain the historical integrity of the City. It is our understanding that the City of Tillsonburg will support mixed-use development within the Central Business District. With that said, it is our intention to help promote the concept of live, work, play within the downtown with the development of a mixed-use, medium-density building comprising of both commercial (retail/office) and residential opportunities. We believe that the proposed development will respect the historic character and develop upon the already strong framework that currently exist within the Downtown Core and act as a signature gateway building. Other Projects Undertaken: We have been involved and overseen multiple preservation and restoration projects that have required extensive renovations. A few of our latest projects outlined below for your review and consideration. See Appendix A-Project Property Photos Project 1-Mixed Use Building • Extensive renovation of 17 apartment units • Extensive renovation of over 17,000 square feet of commercial space • Repair and preserve the original fascia • Maintained the original proportions, dimensions and elements • Located on the main street of the Preston Core Area in the City of Cambridge • Fully leased and operational building Project 2-Mixed Use Building • Extensive renovation and gut of interior • Maintaining and repairing original architectural features (when possible) • All new material designed to match the materials being replaced in composition, design, colour, texture and other visual qualities 1 • Repaired fascia with contemporary designs using compatible material to preserve the historic character of the structure • Maintained the original proportions, dimensions and elements • located in the Downtown Core of the City of Cambridge • Fully leased and operational building Project 3-Commercial {Office) Building • Extensive renovation and gut of interior • Maintaining and repairing original architectural features (when possible) • All new material designed to match the materials being replaced in composition, design, colour, texture and other visual qualities • Repaired fascia with contemporary designs using compatible material to preserve the historic character of the structure • Maintained the original proportions, dimensions and elements • located on major roadway in the City of Cambridge • Fully leased and operational building Additional Projects • Renovation of six fully operational dental offices throughout Ontario Proposed Development-Conceptual Drawing: Please keep in mind that this is only a conceptual concept as we are open to work with the City on any ideas and suggestions offered. This is one avenue that we wanted to explore for the purpose of this proposal as we feel it reflects the highest and best use for this particular site both in design and functionality. All necessary setbacks and height requirements will be maintained once in the design phase. We have taken many of the design principles as outlined in the Central Area Design Study in to consideration for this proposal. We believe that the character of the new development should reflect the culture and history found in the Downtown. The proposed development, for the purpose of this proposal, is a 3 storey free-standing mixed-use, medium-density building comprising of commercial units (retail/office) located on the main 2 floor and residential units located on the second and third floors. A medium density development would be most consistent to existing building heights found in the Downtown. Our vision for the Site is a wraparound building that wraps along Braodway and Venison St. We want to align the building to act as a backdrop to the main focal point centered around the 'City ofTillsonburg' Sign that currently exist on the property. The building and City sign will act as a true gateway to the Downtown. See Appendix B-Proposed Design Elements At ground level we want to create a pedestrian friendly design to encourage an active and publicly oriented space. This would include sidewalks with bike accommodations, extensive landscaping and a public courtyard for both residents and patrons. As outlined in the Central Area Design Study our intention is to enhance and promote the heritage by using complimentary building materials and proportions in the design and construction. We want to design the building that is compatible with the design of the existing inventory in the Downtown but not copy it. While it is important that the new building maintain the heritage of the City, which will draw upon the fundamental similarities, we feel that it should distinguish itself from the older inventory. This will allow the new development to be constructed as a product of its own, which will help to support any future development to conserve and enhance the form, character and features of heritage properties in the area. A blend of contemporary and traditional design will be incorporated to create a unique balance of the two. The use of high quality sustainable building practices and materials will be reflected in its construction and as to keep in line with the surrounding aesthetics. Advancement of Town's Goals: Developing the Site will encourage and attract residents and businesses to the Downtown Core. The type of mixed-use development, as proposed herein, will help increase commercial (retail/office) activity and provide more housing options in the area while reinforcing a 24/7 activity centre. With its commercial component it will help to add new jobs and increase the customer base of local shops and services. The development will help to attract and inject new life into the Downtown Core, ultimately increasing nearby property values without altering their character. By bringing together and integrating different land uses and activities and making them more accessible will help support and enhance local economic conditions. Ultimately, this type of development will help to expand the housing options in the Downtown, increase owner-occupied businesses, improve the overall urban design by expanding amenities available and reinforce the community focus of the Downtown. We will work with the City to ensure that design principles mentioned herein align with City objections and reflect City goals. 3 ~ --------- Development Time Horizon: We would like to start the process immediately. We anticipate a 2-3 month process with respect to Part 1, while reaching draft plan approval and zoning could take up to approximately 12-15 months (Part 2) from the filing of a complete application for zoning. Part 1-Pre-consultation and Concept Development • land Use Planning and Concepts • Preliminary site assessment Part 2 -Draft Plan of Residential/ Commercial Zoning By-law Amendment • land Use Planning Part 3 -Construction • This phase will start immediately after receiving all approvals obtained from the City Initial Bid of: $300,000 (initial bid is negotiable upon further discussion) 4 -___ T __ _ i I Z #Pi'l!OJd E #Pa!OJd t #Pi'l!OJd Appendix B-Proposed Design Elements Mixed Use: • Commercial (office/retail on ground floor) o Residential on upper 2 floors Building Height: o 3 stories to be consistent with existing historic buildings o All levels will be similar in height Building Placement: o Minimal setback to maintain street wall Listing: o To illuminate building entrances o To illuminate signage • To illuminate sidewalks and pedestrian routes • To illuminate parking and service areas for safety concerns Sign age: o Fascia signs or projecting signs or canopy sign age or entry awnings Parking: o Designed to enhance pedestrian activity. Visual impact of automobiles with be minimized Street Level: o Create an attractive streetscape o Transparent to encourage pedestrian traffic o Minimum storefront heights to match existing historic buildings • Masonry, stone, brick or stucco material similar to historic buildings • Large display windows will appear similar in height to those seen traditionally in the City ';~:.:~'f o Maximized glazing · ... ,.,._ .. ,,.-,. t=);~' Upper Level: o Vertical proportion windows similar to historic buildings o Extended street level materials and detailing Parking: o Designed to enhance pedestrian activity at street level l #:Pi3.j0Jd 1 #:pa!OJd Appendix B-Proposed Design Elements Mixed Use: • Commercial (office/retail on ground floor) • Residential on upper 2 floors Building Height: • 3 stories to be consistent with existing historic buildings • All levels will be similar in height Building Placement: • Minimal setback to maintain street wall Listing: • To illuminate building entrances • To illuminate sign age • To illuminate sidewalks and pedestrian routes • To illuminate parking and service areas for safety concerns Signage: • Fascia signs or projecting signs or canopy sign age or entry awnings Parking: • Designed to enhance pedestrian activity. Visual impact of automobiles with be minimized Street Level: • Create an attractive streetscape • Transparent to encourage pedestrian traffic • Minimum storefront heights to match existing historic buildings • Masonry, stone, brick or stucco material similar to historic buildings • Large display windows will appear similar in height to those seen traditionally in the City • Maximized glazing Upper Level: • Vertical proportion windows similar to historic buildings • Extended street level materials and detailing Parking: • Designed to enhance pedestrian activity at street level