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3936 Schedule A - Subdivision Agreement - Performance Communities Realty Inc. LRO # 41 Notice Of Subdivision Agreement The app/icant(s) hereby applies to the Land Registrar. I Properties PIN 00025-1050 LT Description LOT 1, PLAN 41 M305; TOWN OF TILLSONBURG Address TILLSONBURG PIN 00025-1051 LT Description LOT 2, PLAN 41 M305; TOWN OF TILLSONBURG Address TILLSONBURG PIN 00025-1052 LT Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN BeBCriptiBrl Address PIN Description Address PIN Description LOT 3, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1053 LT LOT 4, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1054 LT LOT 5, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1055 LT LOT 6, PLAN 41 M305; TOWN OF TILLSONBURG TILLSON BURG 00025-1056 LT LOT 7, PlAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1057 LT LOT 8, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1058 LT LOT 9, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1059 LT LOT 10, PLAN 41M305;TOWN OFTILLSONBURG TILLSONBURG 00025-1060 LT LOT 11, PLAN 41M305;TOWN OFTILLSONBURG TILLSONBURG 00025-1061 LT LOT 12, PLAN 41M305;TOWN OFTILLSONBURG TILLSON BURG 00025 -1062 LT LOT 13, PLAN 41M305;TOWN OFTILLSONBURG TILLSON BURG 00025-1063 LT LOT 14, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1064 LT LOT 15, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1065 LT LOT 16, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1066 LT [Of 17, PLAN 41M395,f0Wf4 OF TILLSON BURS TILLSONBURG 00025-1067 LT LOT 18, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1068 LT LOT 19, PLAN 41M305;TOWN OF TILLSON BURG Registered as C0138086 on 2015 09 30 at 11:33 yyyy mm dd Page 1 of 50 ' ' LRO # 41 Notice Of Subdivision Agreement Registered as C0138086 on 2015 09 30 at 11:33 yyyy mm dd Page 2 of 50 The applicant(s) hereby applies to the Land Registrar. I Properties Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description PIN Description Address PIN Description TILLSONBURG 00025-1069 LT LOT 20, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025 -1070 LT LOT 21, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025 -1071 LT LOT 22, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1072 LT LOT 23, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1073 LT LOT 24, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1074 LT LOT 25, PLAN 41 M305; SUBJECT TO AN EASEMENT AS IN 452116; SUBJECT TO AN EASEMENT AS IN 459649; TOWN OF TILLSONBURG TILLSONBURG 00025-1075 LT LOT 26, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1076 LT LOT 27, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025 -1077 LT LOT 28, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025 -1078 LT LOT 29, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1079 LT LOT 30, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1080 LT LOT 31, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1081 LT LOT 32, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1082 LT LOT 33, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1083 LT LOT 34, PLAN 41M305;TOWN OFTILLSONBURG TILLSONBURG 00025-1084 LT LOT 35, PLAN 41 M305; TOWN OF TILLSON BURG 00025-1085 LT LOT 36, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1086 LT LOT 37, PLAN 41 M305; TOWN OF TILLSONBURG LRO # 41 Notice Of Subdivision Agreement Registered as C013B086 on 2015 09 30 at 11:33 The applicant(s) hereby applies to the Land Registrar. I Properties Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN DescnptJon Address PIN Description Address PIN TILLSONBURG 00025-1087 LT LOT 38, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1088 LT LOT 39, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1089 LT LOT 40, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1090 LT LOT 41, PLAN 41M305; SUBJECT TO AN EASEMENT AS IN 452116; SUBJECT TO AN EASEMENT AS IN 459649; TOWN OF TILLSONBURG TILLSONBURG 00025-1091 LT LOT 42, PLAN 41 M305; SUBJECT TO AN EASEMENT AS IN 452116; SUBJECT TO AN EASEMENT AS IN 459649; TOWN OF TILLSONBURG TILLSONBURG 00025-1092 LT LOT 43, PLAN 41M305; SUBJECT TO AN EASEMENT AS IN 452116; SUBJECT TO AN EASEMENT AS IN 459649;TOWN OFTILLSONBURG TILLSONBURG 00025-1093 LT LOT 44, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1094 LT LOT 45, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1095 LT LOT 46, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1096 LT lOT 47, PLAN 41M305;TOWN OF TILLSON BURG TILLSONBURG 00025-1097 LT LOT 48, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1098 LT LOT 49, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025 -1099 LT LOT 50, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1100 LT LOT 51, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1101 LT LOT 52, PLAN 41 M305; TOWN OF TILLSON BURG TILLSON BURG 00025-1102 LT LOI 53, PLAN 41M305; I OWN OF IILLSONBURG TILLSONBURG 00025-1103 LT LOT 54, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1104 LT yyyy mm dd Page 3 of 50 LRO # 41 Notice Of Subdivision Agreement The app/icant(s) hereby applies to the Land Registrar. I Properties Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description s LOT 55, PLAN 41M305;TOWN OF TILLSON BURG TILLSONBURG 00025-1105 LT LOT 56, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1106 LT LOT 57, PLAN 41M305;TOWN OF TILLSON BURG TILLSON BURG 00025-1107 LT LOT 58, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1108 LT LOT 59, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1109 LT LOT 60, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1110 LT LOT 61, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1111 LT LOT 62, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1112 LT LOT 63, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1113 LT LOT 64, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1114 LT LOT 65, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1115 LT LOT 66, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1116 LT LOT 67, PLAN 41 M305; TOWN OF TILLSONBURG TILLSONBURG 00025-1117 LT LOT 68, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1118 LT LOT 69, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1119 LT LOT 70, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1120 LT LOT 71, PLAN 41 M305; TOWN OF TILLSONBURG PIN 00025-1121 LT Registered as C0138086 on 2015 09 30 at 11:33 yyyy mm dd Page 4 of 50 Description LOT 72, PLAN 41 M305; SUBJECT TO AN EASEMENT AS IN 452116; SUBJECT TO AN EASEMENT AS IN 459649; TOWN OF TILLSONBURG Address TILLSONBURG PIN 00025-1122 LT Description BLOCK 73, PLAN 41 M305; TOWN OF TILLSONBURG LRO # 41 Notice Of Subdivision Agreement RegisteredasC0138086 on20150930 at 11:33 The app/icant(s) hereby applies to the Land Registrar. I Properties Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address PIN Description Address TILLSONBURG 00025-1123 LT BLOCK 74, PLAN 41 M305; SUBJECT TO AN EASEMENT AS IN 452116; SUBJECT TO AN EASEMENT AS IN 459649; TOWN OF TILLSONBURG TILLSONBURG 00025-1124 LT BLOCK 75, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1125 LT BLOCK 76, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1126 LT BLOCK 77, PLAN 41M305; SUBJECT TO AN EASEMENT AS IN 452116; SUBJECT TO AN EASEMENT AS IN 459649; TOWN OF TILLSONBURG TILLSONBURG 00025-1127 LT BLOCK 78, PLAN 41M305; SUBJECT TO AN EASEMENT AS IN 452116; SUBJECT TO AN EASEMENT AS IN 459649; TOWN OF TILLSONBURG TILLSONBURG 00025-1128 LT BLOCK 79, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1129 LT MCGUIRE CRESCENT, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG 00025-1130 LT GLENDALE DRIVE, PLAN 41 M305; SUBJECT TO AN EASEMENT AS IN 452116; SUBJECT TO AN EASEMENT AS IN 459649; TOWN OF TILLSON BURG TILLSONBURG 00025-1131 LT NANCY COURT, PLAN 41 M305; TOWN OF TILLSON BURG TILLSONBURG I Applicant(s) The notice Is based on or affects a valid and existing estate, right, interest or equity In land. Name Address for Service PERFORMANCE COMMUNITIES REALTY INC. 1 Barrie Boulevard St. Thomas, Ontario N5P4B9 I, Thomas Looby, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. I Party To(s) Name Address for Service Name Address for Service THE CORPORATION OF THE TOWN OF TILLSONBURG Town Clerk The Corporation of the Town ofTillsonburg 200 Broadway Street, Unit 204 Tillsonburg, Ontario N4G-5A1 THE COUNTY OF OXFORD County Clerk The County of Oxford 21 Reeve Street Woodstock, Ontario N4S 7Y3 Capacity yyyy mm dd Page 5 of 50 Share LRO # 41 Notice Of Subdivision Agreement Registered as C0138086 on 2015 09 30 at 11:33 The applicant(s) hereby applies to the Land Registrar. I Statements This notice is tor an indeterminate period Schedule: See Schedules I Signed By Gerald Allan Richardson Tel 519-631-9889 Fax 519-631-8998 31-120 Southgate Parkway St. Thomas N5R OC7 I have the authority to sign and register the document on behalf of all parlies to the document. Gerald Allan Richardson 31-120 Southgate Parkway St. Thomas N5R OC7 Tel 519-631-9889 Fax 519-631-8998 I have the authority to sign and register the document on behalf of all parties to the document. I Submitted By JERRY RICHARDSON LAW OFFICE Tel 519-631-9889 Fax 519-631-8998 I Fees/Taxes/Payment Statutory Registration Fee Total Paid I File Number Applicant Client File Number: Party To Client Fife Number: 31-120 Southgate Parkway St. Thomas N5R OC7 $60.00 $60.00 03456 03456 yyyy mm dd Page 6 of 50 acting for Applicant(s) Signed 2015 09 30 acting for Party To Signed (s) 2015 09 30 2015 09 30 Town ·ofTills.onbmg Subdivi~;imt Agreement .Page 1 of44 TOWN OF TILLSONBtJRG SUBDIVlSION AGREEMENT TillS A!~REEMENT made the day of 41JJ. '2015. RETW.J;;EN: PERI<'ORMANCE COMMUNITIES REALTY 1NC. (hereinafter called the "Owner") OF THE FIRST PART -and- · THE CORPORATlON OF THE 'fOWN OF 'l'ILLSONBURG (hcreinal\t:r called the "Town") -and- THE CO\JNTY OF OXFORD (beroillu ller called the "Co\lnty") 01' TilE SECOND PART OF THE THillD PART WHEREAS the OWner rcprese~ts that it is the reb~swrcd owner of the lands described in Schedule "A" attached hereto (the "Lands") and propose& to stlbdivide the Lands by means of a Registered Plan ofS<Jbdivision; AND WHEREAS the droll plan of the Land to be subdivided attached hereto ns Schedule "13" was approved by the County on Januury 281', 2015, under file SB 14-03-7, and consist• of72lots and 1 blocks c'Omprising of' Patt Lot R Conce.,ion II Dereham, designated !Ill Part I, Pltm 41R9144 and Ports 1 & 2, Plan 4tR9143, Town ofTillsonburg, County o!'Oxfurd. AND WHEREAS prior tc the signi11g or the phm fur registration by tho County, certain condiiions nru•t be full11led to the satis:fuction of the Town, as oet out in tho conditions of draft plan approval dared Januury 28'", 2015 and atwcb.cd as Schedule "H" !0. this Agreement; AND WllERllAS. this Agreement has been made • conditio11 of approval by the County of · O:<l'ord and contains all tho requiremc!lts, financial ond othcrwi"" of the Town regarding the construction of roads, ills,aHation of scrvlcett, and dn1i11agc facilities~ and fmy otltcr mullets pcrtnining to the de•elopment .of the Landa; AND WHEREAS thi.• Agree!llenl ahall be registered against ihe Lands and the Town and . County are entitled lo enforce the provisions thereof against the Own~ and, Bubjecl to the provision• of tho Rogi.W'Y Act and )he J,und 111/es Act, any and a!l suj>soqucnt owners of' the T.anda; AND WlillRRAS the Owner agree.•, by entering lnlo this Ab~'Oemcnt, to satisfy all terms, conditions and obligations, llnancinl or otherwise of the Town and County pursuant to this Agrcewent all at t~e Owner's •ole expense aud to the satisfaction of the Town and Coonty; NOW THERl£FORE TIDS AGREEMENT Wli'NESSI• I H IID\T in cunsideoatiou of tloe Town and the County appmving the said proposed !'ian of Subdivisio11 and the covemont. hereinafter expressed, the patties hereto covenant, pl'onlisc and ugrcc with each other us follows: t. RECITALS Tmvn ofTills.011burg Subdivisi011 1\grecmcnl P~tgc.2of44 The Owner, Town rmd Cotmiy agree t!mt the uboye recitals m:e true and incorporate same as "'"'" of this Agreement. · 2. J)RFINl'l'IONS Tho terms detined in thls s.eclilm 2 shall have the following meanings unl~ss the contexl expressly or by m:ceRsary impliculi.otl. otherwise requires: (a) .. Above-ground Wcrks/Servi~e."l~' means all lhe remaining Wotks and 8c1vices not included as port of the Underground Wol'l<S!Services required to he installed pmsuanl. to this Agreement. · (b) ·"Agreement" mcous this agrccmcut titled "Town of Ti11>1>nh11Tg Subdivision Agreement" incl~ding each .of the Schedules attached hereto together with the required plans and specifications required by this agreement ond approved by the Town and County in accordance with the provisions of tills U!,'Teemcnt. The use or "Subdivision Agreoment" shall be synonymous will1 "Agreement". (c) "Assumption Dy-lnw" means a by-law passed by Cmmcil assuming Works and/or Se1viccs. {d) "Block" means a pared orland laid oul by draft OJ' registered l'lan of Subdivision and designated by the Plan as a Block. (c) "Bu.•incss Day'" or "Business Days" means any day(s) that is not a Saturday, SUnday or statutory holiday in the Province of Ontario. ·(f) "Certificate of Final Acceptance'~ me<tnS the certiliL"ate as issued hy the Town alleT the Town acce:pts all work• and obligations that'"" conslmcted, ln;1alled, s11pplied or perJiJnncd by tho Owner pursuant to tl1is Agreement as· further rolerred to in this Ab'T~emcnt. (g) "Certificate of Preliminary Acceptance" means the certilieatc issued by the l'own after thO Town is satisfied that certain works have been constructed, installed or portbrmcd to the .•atisfaction of the Town, as furthor referred to in this AgreemeJ>(. (h) "Council" shall mean the Council oft~e Corporation <>!"the Town ol"Tillsonburg. (i) "Cow1ty" shull mean the Cmmty of O•fottl, including its successors and assigns or the geographic area as the context req uire.•. (j) ~~DirectoT of Operalions" means the Towns Director of Opcl'ation~ or individual dcsignatod by him or her. (k) "Hydro CompElll)'" shall meun Tillsonburg Hydro Inc .. (l) "Highway" means any public highway or part thereof, any sight triangle, and any area ol'mad widening. The use of"pui;llic highway", "street", "road" ''road allowance" or uroadway" slulll he synonymous with ""Highway''. (m) "Lru>d" and "Lands" means the real property wbich is the subjoct of the Plan, the kgal description of which is described in Schedule "A" attachod to this Agreen>cnt. Afurr the Plan of Subdivision subicct to this Agreetnont has been registered onlille to the Scbedulc "A" T.and. a referenoc to "Lund" in this Agreement .<hall be deemed 10 he a relercncc to the ,..;d regislered Plan of Subdivision. {n) "Lot" mt:ans a parcef of land latd out by a draft 01 teglstetcd !'ian otBubfli.,isitm rt111i designated hythe Plun as a Lot. 1.ot• are deemed to i11uludo a "Dlock'". (o} '•Maintaint• lncludes operate:, repair,. replace or reinstate. (p) "Muintcnance Period" moans a period of two (2) years. ftom the dote of isouance.ofthe. Town ofTi:Uso!lburs Subdivii~i[m Agrce1ncnt Pagc3 of44 Certilloatc ofPrefuninury Acceptance lor the Works and Services to whic!t tltc same relates during which period the Owner shall he rellpousible for !110 repair urul maintenance of all such Works and Services, but does not include the SIOI1'11watcr Maintenance Period. (q) "Overall Grading and Drainngel'lan" means tlre approved grading ami diainagc plan ultaohed hereto as purl of Schedule "C". (r) "Owner" means C"Oilectivcly the registered owner or owners in fcc simple of the Lands. its/hislbcr/tlteir heit~, executors • .udministrators, suct.:e~;:!!.urn, and as:signs and agents thtreof or contractors or subcontractors carryjng out works lhr or on behalf of !he Owner. (s) "Plan" and "Plan of Subdivision" and "Subdivision" rnean• the draft plnn(s} or subdivisio11approved by the County atl;!chcd to tllis Agreement as Schedule ''B". (t) "Registcrod ProfessionaiJJngineer" s~all mean a licensed Profcssloool EngiTieer who curries current Pruf~ssional Liability Tmmrancc and Jmlds a current Certificate of Authorization issued by the 1\sso~~ation of Professional F.nginccrs oftl)e Province nf Ontario or is employed by a partnersh;:p or corpo1·ation aulborizcd by tlte Asb.·ocialion ofProfeosionol &gineers of Ontario to ol'fc•· P10fession•lenginccriog services to the p11blic. (u) ~~ser'\.'icc:l, include~ those works, installations, ~:.iructurcs and other related activities, reoponsibilities and obligations listed in and required by this Agreement and iocludes allmuntcipal or other ~crviccs to be constl.'ucted by the Owner und~ lhis Agreement and reftmed to on the engineering design drawings li~tcd 11nder SchedUle "C" attached hereto and included in the estimated costs described io Schedule "D" attached hereto. {v) "Stormwa.tcr Maintenance Pe1·iod" means the }Jr;:riod of time from thO date of issuunce of the Certi Reate of Preliminary Acceptance for the stnnnwater manugemcnt facility until the passing of the Assumption By·h\w or a maxii.num of five (S) years, whicllCVCI" occu!ll lirs4 during which period of time the Owner shall elll;ure that the minimum designed liquid retention volume is maintained at all times and to inspect tho facility at least O!lcc Per year a;nd, if neces~lU')', clean and maintain the !aeility to prevtlni excessive build-up of sedin1ents aod/or vegellltion and shall keep u logheok of all inspections and aoy clC_ruling and maintenance operations undertaken, including ai1 estimate of the quantity of any materials removed. · (w) "Town" means the Corporation of the T<YWlt of Tillsonb111g, including its succossm• and assign)) or the. geographic area us tho contex.L require.s. (i<) "Town Solicitor" means the lawyer or law firm retained by tlte Town or hisnn,tr designate. (y) "Underground Wor~Serviccs11 mean~ the water distribution system, sanitary sewer co-llection· system, stormw-atcr collection system and stom1watcr-management Jltcilitics bav~ hccn instdlled, tested and arc operutional, alln:quircd stt-eet signagc punmant to this Agreement has. boen installed, and Lhat the road allowance lw ~een !,>raded to its full width with full depth Granular 'B', Granular 'A'. curb end guUer, !llld base coull!e •sphnlt in"•lletl. {z) "Worksj' n1eans .any munjcJ.pal service, CaciHty or utility which is requil'cd under this Aj,oreemcnt nml without restricting the generality of thdbrcgaiog includes the supply and distribution or watCr. collection and disposal of sanitary sewt~ge and drainage water, stormwater n..anagement facilities, slreet lighting, roadways. curhs and gutten;, -walkwaYs, . sidewalk!l~ electrical distribution system) natural gas~ and tclcco!lllnunica.tions. 3. INCONTESTABU.ITY The Owner will not call into question directly or indirectly in any proceeding whatsoever in law orin e uit. orJlef.D.re an.y_admini-stratlve -tlr other tribunal the rigbt of lhc Town and the QJunty to enter into this AgL-eement an to en roe eac an every erm, covenan, provl•ion, a11d condition tboreof. Tbi• provisio11 may he pleaded by the Towr or the C01)nty in any such acfum or proceeding as a complete and conclusive estoppel of any denial of such right. · Town ofTillsDnhurg S'ubdivi~iot\ Agreement Poge4 oH4 4. ORPER OF PROCEDURE (a) Prior to signing this Agreement, the Owner shall: i. Oepnsit with the Town an amount as • .,t by the Schedule of Fees by-la,w and revised from time to linte ta cover the initial legal~ adminis1ratijve, and engineering oo;ts of the Town respecting development of the Subdivision; i1. Prepare and suhmit to the ToVIIl any studies or opprovals as rt::quired; . iii. D~:PoSit with the Town, securities and insurance as outlined in lhis Agreement; iv. Pay in full outstanding taxes, local improvement charges, ami' other charges identified in Schedule ·~E11; v. AI,"'"" with the Town Oil the paroel(s) or land to be conveyed io the Town for municip.a1 .services ~r public purpose~ and/or lhe amotmt of cu:-;h to he givei1 to th.e "l"own in lieu of parkland in w.:cordancc with Schedule ''G1~ and for ~'F..11; vi. Prepare all servicing plans :iJ.1 w.::cotdancc with the er~ginccring stru1dur~ or the Town and County, and obtain approval !rom the ToWiumd County of the same . . . (b) Prior to l'reliminary Acceptance of the Works an·d the issuance of Ruilding l'crmits. the Owner shall: i. Comply withalltherequir=cntsofClmmc 17 of this Agreement; ii, · Comply·wi~h all the requirements of Clause 39 oft his Aw·eement; iii. Comply with u\1 the requirements of Clause 52 of this Agreement; {c) Prior to Final Acceptance of the Works, the Owners hull: i. Con>ply with all the requirements of Clause 20 ofth.is Abq"oment; ii. Comply with all the requirements of Clause 30 of this AgreOJnent; (d) Prior to the Town a.'Suming the Works or Services, the Owner shall: i. Con1ply with all the ;equirO!lle.llls of Clause 21 of this Agreement; 5. LIST OJ!' SCirnDULES The Town and the OWirer agree that the following .'lChed11les shall form part of this Agreemoot and it shall be the rcsponsibilily of the Owner to ensure complete compliance of all matters related to these schedules. Scliedute ·~A" Schedule '~Bn Sc1ledule "c·~ Schedule ··n~~ Schedule "E" Schedule ••fn Schedule "G" Schedule "H" Oeseription o I' the Lands -Phtn of Subdivision Lisl ofEngineedng Design Drawings . -Sumrt"lary ofEsUmatcd Servicing Costs and Securities Summary of All Cash Charges Implemcntatio• Schedule Land• and !!asemenl• to be conveyed to the Town Conditions of Draft Plan Approval 6. OWNER'S EXPENSE Every provisicm of this Agreement by which the Owner is obligated in any way shall be deemed to include the words ••at the expense Qf the Ownm" unless spcc.ificully •tatcd othenvise. · 7. OWNER'S CONSULTING ENGINEER (a) The Owner oha!l retain the services of a Registered Pmlessional Rnglnecr or fim1 ol·· Protes~Mmai &gj1~ee~s wi:ili a &rtilit:Ufe efl"-ititl11:Wi:latioo=I~gh:;~-~rod-,,~Jith-lbe Prokssional llngineers of Ontario (hcrei.nalkr caUed the "Consulting Engineer") ill carry oul an the nece~ruy engineering~ supervision and inspection of rhe work 1-.quircd for the development ofthe subdivisio11. (b) The Owner ohall continue to retain the Consulting Engineer until the work provided fur in this Agreement is completed und formally a..swned by the Town and the __ L '!'own ofTillsonburg SubdivisiOn Agrc:ement P11gC5of44 County and the Owner •hall not retain the .•erviccs of anotlter Consulting Engineer or change firms without lhe prior written consent of tlte Town Director of Operations, or de.•ignote, which consent will not be unreasonably withheld. (c) Tbe Owner agrees thai in ·the prepamtion of contract plan• and spccificationo, the Con•ulling Engineer. will adhere to tlte lhllnwing procedure.• all at the cost of the Owner: i. De•ign· all tb.e Worb and Service• covered by this Agreement inclt1ding the preparalion of plans, proli!cs and specific~tions of the said Works and Services and finW "a."! constructed11 drawings in printed and digital f01m a.'> described in this Agreement; ii. Obtain all the necessory approvals from the Town, County, the Ministry of the Environment and Clin>atc Change, the Ministry ofNutural Resources, the Long Point Region Conserval1on Authority, and other utiliHeA, authorities or governmental agencies as required by law prior to commencing ~ny works in relation to the said Works und/or Services; iii. Submit to the Town for approval an estimate oi"the costs oftbe Works, which said estimate, when approved by the Tow11 •h•ll become the b.,;, lor the · required sccuritie8. iv. Prepare the necessaty conslruction contract document:;, provide field layoul und·contract udmini!tration; -· v. Provide full time supervision and inspection of tl'c constlu<.:tion of the said WoTks and Services. If the Owner's ConsuWng Engineer doel'> not supcl"vis.e and inspect the in:-;taUatiou of the Works and Sl'rviccs to the satisfaction of the Town, acting t"Casonably, the Town may issue a •lop work order; vi. Maintain all1"Cnrds of con•truction of tile said Works and Services and upon completion, advise the Town Director nr Operations of all construction cllangc.s during iho prcparaHon o.f fmal ~'as constmcted" drawings; · vii. Acl as. the Owner's rcpresentutlvc in aU Jnallers pC!taining ln the construction of the Works or Services; viii. Provide co-o-rdination and scltcduliug lo comply \v:ith the timing provisions of this Agt-eemenl and tb.e requirements of Inc Town lor all Works and Services •pecificd in this Agrcemen~ .ix. Supcrvjse und inspect the eonstructiw of any remedial work required by the . Town and/or County; x. Funlis~ to the Town and/or County a staten1ent certifying ·tl•al all Works und Services have been cotistntcted in confOl'mance with the approved design drawh1gs and to the upplicablc standard~ and sped llcations prior l<J the issuance of any Certificate of. Preliminary Acceptance and prior to the issuance of any Certificate of "Final Acceptunco; xi Submit fur Town approval a prclin1inary lot grading certificate for eaclt lot or building block for winch u building penni! application is made, certiJ)dnp, that the proposed .ct>nstruetion ;, in confmmily with ·the Overall Grading and Drain~~gc Plan and Town standards; xii. Provide !be Town for approval a 1\nal lot b'I:ading certificate lor each lot or building blorik for which a building permit h•• bee1i issued, indicating that the property ha.• been developed in conformity wilh lhc Overnll Grading und Drainage Plan and Town staurlards; ;.rHi. Submit a plan for the mitigation or removal of any contaminants. identified tlnough •':ii EMiiOillllentttt Sire /:tsse8s11leffi Repalt, pm:parGd by=a-=qnalificd consultant, where such report ba.• b~n required by the Town and/or Count)• for the subject property, such work being tb.e re•ponsibility of the Owner. (d} The Owner agrees with !he Town and· County that·no Work• or Services will be installed and no work shall be commenced until the Town and/or County ha• Tmvn ofTillronburg Subdivisiuu Agrt.cment Ptagc 6of44 received all "l'Plicablc external ugency approvn\s, uppwved such plans, specifications, socurity and insmance, and h .. expressly aufuorized such work to commence. All Works and Services shall be constructed and installed strictly in accordance with the said plans and specifications. ulllo the Satisfaction of the Town andioi· the County. The Owner agrees to construct uH Services a11d pi"Ovide other rcqnhement•, whiclt will be known only oftcr the det.i1s of the engineering design arc Sllbmitted to the Town and/or !he County, and any upp1icable external agency approvals hilve been acquired. The Town and/or the Gom;ty may require, in writing, a variance from such plans and specifications •• may be required hy condltiotL• which may be disclosed ••the work progresses, and by sound engineering practice. 8. SUBDIVISION PHA..'liNG The Subdivision may be developed in plrasc.•, and each phase may be developed in slage~, and each siage of the Subdivision \vi!\ hovo the necessary Works and Service• in relation to tbat phase m· stage. In the cvcrit that the Suhdivision is developed in phases and stages, the Consulting llngineer shall· establish the amount of secm·ity for eac~ phase and stage as provided herein to be approved by the ToWJr.· This Agreement oover• the area and lots idenlitlcd in the Plan attached hereto as Schedule "II". Amending Agreemenl(s) wilJ·be 1-equired to develop subsequent phases aad stages, approval of which will be subject !<i receipt of all approvals, studies, and requirements af the Town including any applicable fee~s~ engineering dntwings, sccm-ltie!:i und amendments to all Schedules. · 9. J>ERFOJWANCE SECURITY (a) · Prior to signing this Al!teement or the commencement of" ony work in any phase or stage of the Subdivision, U>e Owner shall deposit with the Director of Finance, to cover the faithful perJbrrnance of this Agrccment for the construction and installation of the WoTks and Servic-.,s and tho pa)1llenl and provision of all obligations ariolng hereunder, a cw;h deposit and/or an irrcvoeabloleUcr of credit in the amount eqwlto the cstinmted ern.1 ol" all Works and Services of each phase or •luge, as each phase or •tagc of the Subdivi!!l'ion proceeds m; de-scribed ln Schedule "D'' hereto. · (b) If the security is in the lbnn of a Letter lll' Credit, such T "etror of Credit shall be in a form accep!ahlc to the Town from a ch<11·tercd bank expressing to be ]JUrsoant to this Agreement and payable to the Town at uny time or in part from time to tirne, upon wrillcnnotice tram the Town !hot the Owner is in defuull under tlus Agreement and shall contain th~ !OUowing provision: "It is u condition of this Irrevocable Standby Leiter ui' Credit that it shalt be deemed to be automatically extended for one (1) year fimu.tlte present or uny future expiration date hereof, unless thirty (30) day& prior to any such date we "hall notizy you in writing by Registered Mnil or courier service that we elect not to conslder tills. Irrevocable Standby Letter of Credit renewed for any ouch additional period. Upon receipt by you <>!" such notice, you may draw hcrcmtder by means of" your demand accompanied hy youl' written ~ertification that the amounts draWJl will be retained m1d u.•cd by you to sotiszy the obligations incmrcd or tu be incm·red in connection with the above Agreement, and that you wlll release any amount• that you detennine in your sole discretion arc not 1-equhed bY you for such purposes to our Customer" (c) lf the Owner fails to perlbnn any of illhislhct:ltheii obligations pursuant to this Agreement, the Town may· deduct the cost thereof from the deposited securities, and ay LISlLO!l~ do!l•"'it on-hand, or may ctlll llJlOn the surel~ of any letter of credit to provide from the same the funds necessary to perfOrm all workfl: hereunder~ or to pay, at the uption of the Town, the cost of any works, materials. or <.lther chRrges relu.ted lo the WoTks and Scrvi(;es, including lhe cost of rem'.lving or defending any construction liens, ~.:erlificates of action, or -de.If:nding or removing any m.:Lions ·or judgmetJt& affecting tho Town or Lands or Works/Services either dedicated to the Town or which are intended to become the properly of the Town pursuant to thi• Agreement. · Town of Tills(lnburg Su!Jdivtsien Agrecmen1 P.ageJ of4.4 (d) Where tl1e surety indicate• to tho Town that the letter of credit will not be renewed for any lurlner .period, and when: any Worko/Sm:vices or other obligutinns of the Owner have not been completed as re<Juired by this Agreement before swurilies can be released for.such Works/Sorviccs or obligotions, and where the Owner has not provided to the Town any otl1er •ecurity acceptable 1u the Town; the Town shall have th.e right to call upon the letter of credit"' such extent ru; the Town deems necessary to maintain sucll security until completion of the· Works/Sorvices or oblig;dion• in accordance with the temJS of tbis Agremnent. (e) Nolwithstauding that uny securities on hand have heen designated herein to "'"""'the completion or repair of specified work, where the Owner has failed to complete or repair uny \Vorks/ServiceS in aecnrdancc with this Agreemet"'ll, or wh.crc the security 011 baud is jnsu.fficicnt to secure lhe completion or repair of said work, the 'l'own may retain sufficit:nl securi-cy: at all times lo enaurc the completion or repair tbereof. (f) At.the Town's di•crction, one (1) year after the deposit ofthe <ecurlty and on eve!')' anniversary thereof wllilc secmity i< held by tlw Town, or m<>re lh:qucntly if the Town deems necessary, the ToWI~ Inay nndcrtakc a review ol" tl\e sufficiency of the security held. To facilitate this review, the Owner shall have the Con•ulting Engineer jJiovide the Town wilh the following information within len (10) days of thu request thereol'by the Town: i. A de~criptioi1 of the wmk completed to date and a calcul1:1tion of the cost thereot: and · · ii. A description of' lhe work remaining to be completed and a calculation of the e!!thnalcd OO:Sit thereof: In the event the Town determines that the security it holds is insulncient to orisure the performance and completion of all Works/Services required by lhik Agreement, the Owner shall, within len (lO) blL'Iiness days of written notice fro111 the Town, increase th~ security by the amount the Town deems neces~ary, acti.ng reasonably. Failure to provide the Town witb l-.,e requested increase of·security shaU be considered a. hreach of this Agreement. 10. SRCUR11'Y RELICASE . (a) The Toym shalf rctoin at ull times ~ufficient security in the ·rorm of cash or letter of credit 1u fu1unce the complelion of the Works described in Schedulo "D", maintenance of the Works as provided for in this Agreement, and compleiion of giRding ond drainage work>! .. , prov.ided fur in this llgi·eemen~ subj eel to tbe provisions of Clause IO(c) of this Agreement. (b) Upon the issullllCe of the Certillcate of Preliroinary Acceptance lor the Works and Services completed, the Owner may apply for a l'Olease or .'lccurities." The security may be reduced to on amount equal to tlle e•timatcd cost llf the Works and Services rcoru~ining to be crnnploted •• provided by the L'onsulting Engineer and verilled by the Town. Un-der no circmnstancet~ ;,..,.m the securl~y released tmder this section be reduc~~ t.o l,qss than t1Je Maintcnam::e Security rcquiremtlnt~ as provided !Or in this Agreement lor lbo Mointenunce l'criod of lhe completed works which shall be held until the end or the upplicablc Maintenance Period and issuance of the Certificate ofFlnal Acceptance. 'J'o\\'n ofTillsonburg Subdivision Agrcemem · PngeS of44 (c) Tire Owner oovenmtts ond agrees to gra<Je all lots, blocks and otlter purL' of the approved •ubdivision in accordance with the approved Overall Gradiug and Drainage Plan. The Town shall h"hl a portion of the security lor tho subdivision through !he Moinlenance Period fur the purpose., of on.smin~ •ite grading is contplet<:d according t() .the approved Overall Grading and Drainage Plan. Where there arc .lots or Woe!<.. [\lr which a building pennit bas not betm issued and where the Owner rcquimst-eturn of the . run sccmity at the end of the Maintenance Period, the Owner shall grade all lots to ensure proper drainage in ilCCordance with the requirements of the Consulling Engineer and the Town. Such undeveloped lot• shall be graded to a rnaintainablo condition so as to allow the proper maintenance of all vegetation. When the Maintenance l:'crind has been completed, and upon receipt of a certitlcatc from the O.>nsulting Engineer certi!Ying that site grading lbr undeveloped lots ha.< been substantially completed in accordance with the Overall Grading and Drainage Plan, the Town Director of Operatious may authorize the release orthe a•sociated secmity where the Owner bas mel all other requirements of this Agreemenl. (d) The Town will nat Rb'fee to any cancellation or reduction oftlte •~quired •ecuritics if the Owrter is in default in whole or in.pmt of any provision. requirement or obligation of tho Owner under this AgrccmeJJt, including the conveyance of any lands or casemenL• required by tho Town pursuant to tlri.< Agreement. · 11. MUNICil'AL WORKS AND SERVICES TO BE PROVIDED BY OWNER The Owner agrees to con~truct and comp1ctc in a good workmanlike manner, lhr the Town and the County all the Worl;s and Servic'l" set fo1tlt in thiEI Agreement to the satisfuction of the Town an.dlor County ·and that all Works and Service> shall be constructed in strict .accordance with the plaus and specifications approved by the Town and/or County. If at any time and from time to time during the development of the Subdivision, the Town urnYor County .is of the opinion that modification of Works and/or .Services or addilional Works, Services or utilities~ as co11ditions may require, arc ncces~ary to adequately prov.ide any of the Works, Services or utilities required pursuanllo this Agreen1ent, !he Owner •hall const:mct such additionul \Vorks and/or Services o1· utiHtics at it/his/her/their own expense uponrec~vingWrittcnuotice from the Tc..nvn and/or County:! providing it is reasonable an~l proc!ical to do so. Tho Owner shall commence within twelve (12) months of tho e•coution of this Agreement am! •hall complelo within twenty-four (24) months after the date of execuli•m of this A!,~-eement the instullation of the Works and Services. In the case of phasing, this time frame •hall be applicable to the CUJJlmenccment and completion of each phase . . Tlic ()\mer agrees that it shall be solely r-e"Pousible for the complete cl>'t of all the Works- and Scrvk:es fhat arc oUlUned in Sc~dulo •=c" and es.limatcd in Schedule "Dn of thi.q Agreement. (u) Wat~·· Distribution Svstem and Appurtenanc.., The Owner acknowledges and agrees kl construct, ut il~t own expen~"ff, a water dislribution sy:;tem for the Ph::m of Subdivjsion and to connect said sy.':!lern to th.c existing mmlicipal water distriliution system. The Owner i• further resporu;ible for ToWn/County charges fOr field inspt:.ctions> testing and the costs for the.coiUlectiQn of the water distribution system arising out of or ath·jbulahle to the development of the Subdivisiun. The Owner .ugrees: to de:;'ign and construct aU watennMin8 and apptufenances thereto in u<C<trdancc with the Town mul/or County standards anti•'Pecir.cations mill the Ministry ofEnvirontliCJlt1UltLCJimatc£hunge guidelines. The Owner will require Town/County approval of tltc water di•tribution system to s.ru'Vice the development through submission of a Min1stry of E11vimnmcnt and Climate Change Form l. ·· Town ofTmsonburg Subdivision Agreem~nt Page 9of•l4 Prior to the issuance ul' the Certificate of Preliminm'Y Acceptance the C'.ounty ~r its service provider muy connecl or authorize connection of the water dishibullon sy8lem constmctcd by the Owner to the existing municipal watel' distribution system, bul such connection sball not comditute act..-eptance of the system by the County or it:-; service provider and tltc Owner shall continue to maintain system until fmmal acceptance. All cutting or cmmecting to the existing municipal water distribution >'Y'\em shaH notma11)' he made by Town/County lbrces at the expense of the Owner. The Owners or its/his/her/lheit contractor may pe1fonn this wotk by permission of the Town Director of Operations and with. tb.e Town/County lnspector present. Where a Plan of Subdh•ision or portion thereof fronls or abuts qn an existing roadway upon which ·a water distribution system ho.• been installed or may l>e installed, a payment sha!l be madc.to the Town for the use of the said system main or mains"" the Owner's shore of !he water distribution system abuUing the Subdivision. All waletmains shall be of a size "'' detennincd by the Town and/or County and . installed al a depth and looation "'' delennincd by the 'lown and/or County. The County n'tB.y require the Owner h.l.uvetsize w.atcrmains to occommudute lhe servicing londs ex!ernal to the Subdivi>ion lands herein. If applicable such details and cost• arc conmined in Schedule "E" attached hereto. The opening and closing of existing wuler· valves and hydl'ant:s shall Ol11y he performed by To,.;./county staff. The Consulting Engil,leer s!Jould make arr<~ngoments in advance ufthis type ofwotk to be done. The cost ofperfmming Ibis "'rvice will be cb.srged to lb.e Owner and all occounls shall be settled 011 detimnd, The Owner shall supply and install at it/hislher/thcir· own expen•e the required individual water service lalera:1s and all aPpurtena1"1C~s from the wate1.main to the property line of evilly lot withill the Plan of Subdivision in accordonce with the latest issue o!' specifications and •landards of the Town and/or County ond aU lJPplicablc laws. The OWilor agrees to relocate, support m· modify at iUhiS/hc.t1their own expense ·any existing utility service facilitie• as may be necessary by reo.•m• of the wm1i. required by the Plan of Subdivision. (b) Sonitorv Collection Svstcm '!I'd APPut1enanccs The Owner acknowledges and agL'Ces to co:nstruct, at its/l:ti&lher/Lheir own· cx.pense, a sanitary sewer collection syslem fQr the Plan of s~,~hdivis.ion and to ~.:onnect such system to the existing municipal sanitary sewer collr;:ction s.ystem. 1'he OY.Vncr is .fi1rtha· responoible for·Town/County ·charges for field 'inspections Wid the costs for the .com1.ecti0l1 of the sanitary t&ewer cOllection syslem arising out of or auributabJc to the development of the Subdivision. lt shall be the responsibility of the 0\\11er to provide a satisliml<rry outlet for. the sanitary •ewer system from the limits of the Subdivision to the point ofjunotion.witb the neuT~:sL approved existing mWlicipal sanitary sewnr Collection. system. ·niC Owner agrees to com;trucl aU sanitary t;.ewers and appurlemll1ce.c; thereto in accordance with the Enviromnenta1 Compliance Approval (Srulitaty)"" ;.,ued through the TrBnSfur of Review by. the County and in accordoncc with the upproved \:Onstruction plan drawings and standardS. ~br sanitary sewer collection .systems U."i ~tll out-in the Town umllor County 8landards and specifitaUons and the MinisiTy of F.nviromncnt and Clin-.ate Chru1bre guidelines. Prior tu the issuance of th~ Ccrtifreate of P-reliminary Acceptance) the. County or its service pr.uv1dcr may connecl or authDr.tZe connectlon of the samtary Scwtl ccdlectiou system comdructcd by the Owner to the ex.istlng municipal sanilury sewer collection system, but !hal sueb. com1ection shall not con•tituto acooptflllce ol'·lhe •ystcm by the County or its f)ervicc provider a11d the Owner shall continue to rnalntn.in the system until formal acceplance.. · 'l'uwn ofTIUsonbttrt Subdivision A,brreement Page 10 uf 44 Where a Plan of Subdivision or portion thereof fronts or ubuts on an existing roadway upon whi~h a sanitary sewer co lleeiion system has been inswHed or may be installed. • payment shall be made to the Town l(!r the usc of the said system main or mains a~ the Owuer's shure of the ~lanitruy sewercollecllon·.systcm abutting the Subdivision. All sanitary sewers shall be of a size,,. detem1incd by the Town and/or County and installed at a depth and location as determined by t~e Town and/or Cou11ty. The . Cmmty may require the Owner to oversize S!:.mitary sewer mains to accommodate the servicing of lands cKtemul to the Subdivision lands herein. lf applicable &Uch details· and costs a1·e contained in Schedule '.'F..n attached hc.l'eto. lhe Owner shall :mpply and install at it/hislltcrlthei.r own "'l'"""" !he required individual snnitury service laterals and ull~:~ppurtenanccs from the sanit~ry seww main \o the property line of every lot witbill the Plan uf Suhdivision in accordance with Lhe latest issue of spetifications and standards of the Tuwn and/or Collllty and all applicable laws. The Owne; agrees to relocate, SUJlJlOrl or modify at it/his/her/their QWD expense any existing utili!)' service facilities as may be necc.•saty by reason of the work required by the Plan afSubdivision. (c) Storn1watcr Collection System at)d Aopurtenances TI1e Owner acknowledge.'!: and agrees to conslruct, at itslhis/her/tl1t:ir Cl\'1111 expense. a stmm >'ewer collection system for the Plan of Subdivision and to cmmect such system the existing municipal stonn sewer collectiOn system. 1110 Owner iti H~rther responsible fttr Town/County_ charges for field inspec1ions and the costs tOr lhe connection of lhe storm sewer coHection system arising out of or attributuble lo the development of the Subdivision. It Shall be the "''Jl•msi.bility of the Owner to provide a satisfactory outlot J\lr the storm ,..,wer system from the limits of the Subdivision to the pllinl of junction with the nearc.•t approved existing munit;:.ipal stO!'lll sewer collection system. The Ownct agrees to construct all ~torm sc;,vers und apprutcnances therelo in accordance with tlle F.nv!rorunenb!l Compliance Approval (Storm) as issued through the Transfer of Review hy the CoU!lty or Oxford and in ocoordoncc with the approved con.stJ?ueUon plan drawi11gs and stand.urds ror stormWater coHcction systems as ~et nut in the Town standards !lnd •pecificatious. · Prior to the issuance of the Certificate of Prelimina.ly Acceptance, the Town may connect or authorize comlel.\tiOl"l of the stom1 sewer collection ~ystcm constructed by lhe Owner to the existing municipai .stonn sewer ·coJlcction systentJ but that such ~'Onncction shall nul constitute accept!ll""' of the system by the Town and that the Owner shall continue tu maintain the system until fmmal acceptance. Where a Plan of Subdivision or portion thereof fronts or abuts on an existing roadway upon whh;h a -storm sewer coHcction :system has been int>talled or may be in~talled, a pay-!llent shaH he made to the Town for the us:c of the s~d system maln or rnaln:-; a..;; the Owner's. t;hare oftlu: slonn .~eWCI' collection system abutt\ng the SubdlvisiQ~n. All storm sewers shall be of a •iY.e a.• dctetmined by the Town aml ins!allcd at a depth and location a.s detem1incd by the T{)wn. 'fhe Town may require the Owner to ovel'size :donn -sewer mulmt. to accommodate the servicing lands external tu the Subdivisimi lands herein. If applicable such details and co•ts •rc contained in Schedule "ll" attached hereto. The Owner shall ·supply ond in.stull at itlhisiilel·ltheir. own expense t~e required :imfu;ritkrn.l stgm:r=ser•<lce=laternls Imd idJ--.appurtrmsnces lj-om the sto11ll sewer--main to the property line of every lot within the Pl!llt of Subdivision in accorduncH with the latest iosue of specifications and staudards of the Town and oll applicable law•. Town of·111l5-ouburg Subdivision 1\gn:mmr:nt P~ge I I of 44 The Owner at:,sreelii to relocate~ support or modify at it/hi.slherltht!lr Q'\.'111. expense any existing utility seivico Jaoilitie.< as may be necessary by reason of the work required by the Plan of Subdivision. (d) Storrnwator M!lllab>emont ~acilitics The Owner acknowledges and · a:f:,JTe~S to constlUct, at hs oWn expense. stormwater management ll!cillties and asspciated in lrastruo!tu-c for tile Plan ol" Subdivision within ·the limits of the Subdivision and beyond, if required fur the development of the LIUids "" determined by tb.e Town. It shall be the '""ponsibility of the OW11or to provide a sutisl\tctory outlet for the storm management facilities from the .limits of the !>\tbdivision. The Owne!' agrees Eo construct the stllm\wat:cr mmmgement fOOilities and associated infrastruc!tu:c in accordance with the Environmental Compliance Approval (SWM) as i"'ued by tile Ministry oi"Rnviroruncnl and Clin1ate Change and in accordance with dtc . u.pprovcd construction plan drawings· und standards for storrnwater management llleilitics as set o11t in lhe Town standards and specifications. The Owner acknowledgeo und agrees· to ensure that the minimum designed liquid · retention volume is maintained at all times and to im,Jlect the facility at least (.mce per year and, if nec-essary. clean and maintai.n the fucilily to prevent excessive huHd-up of sediments and/or vegetation. TI1e Owatct shall keep a logbook of all in,Jleclions and any cleaning a11d mfiintenan(.."e o:perations wld~rlaken) im:Judlng an t:~limate of the quantity of ony materials removed commencing fwm the date of issuance of tho Certificate of Preliminary Acceptance lor the stormw!l!er management facility until the passing of the Aas11mption By-law or a rnuximmn of five {5) yean=~~ whichever occun; first, which period of time shall be called the "Stom•watcr Maintenance Period". The Owner shall have a stormwatcr 1\lUnagement plan prepared by a qualified consultant detailing the methods of mainlllining post-development flows at pre- development conditions. The plan shall describe tbe methods that will he used to maintain stormwater quality~ -control erosion, and control/treat surface water flows for the pmposed development and associalod lands within tl1e watershed. The plan shall be reviewed and approved by tbe Town, Lpng Poilll Region C<ln.qcrvation Autnority, and shall have an Enviro.tllnental Compliance Approval issued tbe Ministry of Environment and Clinulte Change. Tho OwnCl· shall carry out or cnuse to be carried out any neccssa!y remedial works reconunended hy the Town~ Long Point Region Conservation Aurhorlty. oi: tht1 Ministry ofF.nvlroruncnt and Climate Change. The perimeter or all lands to br;:: conveyed to tbe ]bwn for &tonnwatcr lDmmgement . purposes shall hnve a 1.8 ··meter galvanized chain link fence, or other fcruii.ng us approved by the TaWil, as required (e) Ro~dwaw. c,.rb @<!Gutter., and Boulevards 111e Owner shull construct oil roadways, curbs and guttct-s and appurtenances thereto in accordance. with the approved construction plan drawings and Town standurds including the CJ<Cavation and grading to the full width of the rigbt-o!Cway. Alt mads showu on the Plan ofSubdi vision shall be dedicated as public highways. All roadway• shall receive two laye!S ol' asphalt that shall be placed Ill such time• "" may be allowed by the Town in writing. · The Owna: shuH 1na1ntain the roadways in a usatble condition lbr vohicuJar traffic until the i~:mancc of the Certificafe ofFh .. al Acceptance or "Such I'Oadways. Until die passmg ol the As:sumpitotl By-law the Owner shu!l he Jcspo.us.iEle fln the erection and maintenance of !!i.lgns at aU entrances to the b'Ubdivision that .stale~ the roadways within the *:illhdivision hav~ not been assumed by th~: Town in accordance with this Agreement; Town ofTUlsonburg Suhdivh;.iOJL Agreement Pt~ge 12 of44 ImmediatelY. prior to the placement of .base com"" asphalt the Consulling Engineer shall provide the Town with u c<:rli r.patc from a quuli lied geotechnical engineer certifying lhe granular road base. the llf!lnularmad base shall also be inspected by the Town and wber.,, in the opinion or tile Town; tl10 granular road base nal' beromc cont!l!l1inated the Owner shall remove all such contaminated areas and replace with acceptable material, at no cost lo the Town. Concrete curb and gutters shall be constructed in compliance with Tow11 sl!!n~ard• and shall oc"ur only at such lime.• as authOrized by the Town in writing. The curb .and gutter shall be cnnstructed to the line and grode as approved by the Town. Tile Owner shall provide a record ofsllcltline and grades tu !he Town. Pl'iortu the is..uancc of !lie Certiticotc of Final Acccptam:e fur said curbs an1l gutl.ers by the Towo aT( maintenance and repai"' of all curbs and gutters will be the responsibility ol'lhe Owner. The Owner shall propcdy graoo and finish all rqod allowance boulevards and other areas to be land•copcd'witb 100 mm of topsoil and nnrscry sod nnd other tree plantings lri accordance with Town swndards. Trees t" he.planted shall be deciduous tl"es indigenous to this region ,,. approved by the Town and shwl be of qi•ality nurnery stock. (f) Sidewalks & Pedestrian :Walkway• Com.:rete sidewalks shall be constructed on at ~eu.':lt one side ofloc~l roadways shown within the Subdivisi<>n and m1 l1olh sides of collector and arlerial roadways "' specified by the Town. Sidewalks, where required in the Subdivision, slmll be constmcted according tu Tow slandards. Sidewalk ramp.-; will be conslructcd at intersections or where required to tbe ••lisfuctiou oftliC Town. Concrele pcdesmu" walkways shall be constructed in acCQrdancc with Town slandru'ds and shul\ be dclineat<:d with a 1.5rn higb. galvani,ed chain link Jencc along the property line. Plior to the issuance of the Certificate of l'fnal Acceptance fur said •ioowalks and walkways by the Town, ruai.ntenancc and repairs of all sid~w.alks and wulkways will be the responsibility ofthe Owner. · (g) St•~ellight Sy;;rem The Owner shall be responsible fur lhe·dcsi!lll, supply and installation of a cmnplctc streetlight system including all poles, luminal'ies, wiring, controls, and appurtenance• thereto in atcordancc with Town .stNncJards and as approved by the Town Dll:ect(Jr of Operations. All electrical supply for the stt-eetlighl system shall be in accordance wiih the requirements ol'Tilloonburg Hydro Inc. and .~atisfy tire Electrical Sofely Authority. The entire streetlight "Y'tem sball·be supplied by a single Jjlelercd supply f;onncction. Muhiple meters ruJd "lflplics sball not be peunitted unless authorized by the Town . Director of Operation:.. (h) Electrical Distribution S))Jtem Tile Owner shull enter into a Connection Agreement lOr clcctricul .c;ervicing with Tillsonburg llydr(> Inc .. Tlte Conttcction Agreement will >-pccify the term.<, conditions, and linanciol obligations to tllcilitatc tbe oxtonsion of electrical serviping to the Subdivh;ion. The Town requires All primary and s:econdary electrical services for the Plan of SubdivisiOn bo designed and i!IStalled underground. The Owner Cl)Vcnants and agrees to pay tlte Town's portion ol' costs to be incurred to in•toll uudergn>llnd Hydt·o. TO\vn ofTillscmhurg Subdlvislon.Ag.reement Page 13 of44 The Owner shall arrange with ·rmsonbmg Hydro Inc. ti> install in a good and workmanlike munner all undeig:round wiring fur the electrical distribution ;ystem including street lighting, '11tc design wmk relating to the in>tallation shall be carried out by Tillsonburg Ifydrt> Inc. and shall be based on the pt'emi•e that electrical set'Vice will be required for all of the lot. sl>own on the Pl0111 oi:Subdivision. The Owner will be responsible for the hydro lfcnchcs t<i be free and clear of all obslacles tmd rough graded to within 150 mm of Jinal grade before any ltenching for electrical supply wm commence, und must pmvide the location of survey murkers defuling the boundaries of the bnilding blucks as may be required by Tillsonburg ·Hydro Inc. The Owner shall ensure that 'no shrubs or trees ore planted closer than one (1) metre ii"m tho three sides ot' any hydro nun•lbrmer and not within two (2) melre8 of uny door aptming to said tt·ansfonner. (i) S!reet Sig~ All ;1gnagc and apput1enanccs shall be approved by the Town's Director of Operation., or designate, prior to their installation, shall be supplied by the Town at the Owners expense, m>d shall be erecied by the Own.,.. 'contractor at lucation• specified by the . Town Director of Operatt,ms, or designa~, all at the Owners expense. Pennanen1 siiJimge shall only be erec!od upon completion of the curbing ond base cout"e asphalt and must be in.<talled pdor to the issuance of Prcllminory Acceptance for Underground Works/Services and Btiilding l'ermits. Signage shall include all stt<:et name signs, regula\ory signs, warning signs, mcluding sign• cnnfii'OJing the roads are nl)t assumed by the Town. All signagc shall be maintait>ed by tho Owner tintil the Assumptiou Ry·law is passed. by Council. The naming or roadways in the Subdivision shall be appmved by the Town. (j) Ero•ion an<! Set!iment CQntml '111e Owner shall m•tall and mninlain at it/bWher/thcir sole e<pensc all necessary sediment un.d erosion cnntrol measureS! sbown on the -approved construction plan · drawings. and any ad(li.tionat erosion c;on1rol work.s required. To minimize sedim~n[ .and emsion cm>trol problems the Owner shall: i. inSla:ll all silt f<::tlcing prior to the commencement of any earth moving operations; ii. schetlule constmction activities in a log.i.cal s~quencc to minimize the at-ea ofbare soil expose'<\ ~Lone time; iii. ensure ~tockpilcs are cott.~tmcted . to a ma.llitainuble height and sl:f.e and located away from watt:rcmU'scs in w.::cordance with Lhe Engineering Design Dra"Y.~ and stabili7.ed against eru:-;lon as soon a."> possible ·witll erosion control fencing installed around.the b""" of all stockpiles; iv. designate a construction vehicle access pOint and provide a l''!Jck OJ' gral/cl IJ1al tc minimize the amount of mud trllCking off-site. The Ow!lel· will be responsible to en-s:u-.:e that municipal roadways and sidew~Iks are clc8.ued of all sediments at the end of each work day; v. jnstaU erasion protectil)n around all sanitary and !!.lcmn manholes .and catch basin•· vi. install' udditiOnal eroSion and sediment control ntcasures as lhe site development progresses and as required by the Town Director of Operations in his/her sole discretion; viL ensure all erosion and sedin1enl control meu.·•illres remain in p1acc Wltil u11 dislurhed ground surfuccs bave becc rehabilitated either by paving or by restorabon ofvegeUlbVC ground cover~ vHi. provide tcmpornry drainage and ·cmsion control W01'ks if the work is susp~c.led to minimize erosion inc~uding sediment tra:ps., sill fences, and sediment sl.IJragc areas; Town of Tills01lburg Suh~ivision. Agre.cment Page 1~ of44 ix. properly ·stabilize disturbed orew< as soon·as p{>ssible, and il' area• .;, to remain disturbed through a winter, such areas shall be swied, Cl>vered with mtdch or covered with sod as detennined by the Town Director of Operations; ShoUld the Owner delautt in. constmctirin, or maintaining any required sediment or erosion control measures the Town at its Sole option 111ay enter the Lands nnd carry out the •·equired sediment and erositm control works with tl1e oosL• being charged to the Owner. If the Owner fails to pay ft>r such works within thirty (30) days of tho date of billing, tire costs mil)' be deducted from !he deposited seCllrities. (k) De""lopment ofl,a~;~ds filr. Public Parks The Owner agrees to prepore a grading and dr>1iuage plan to be approved by the Town for any lunds to be conveyed tn the Town for parks purposes; the Owner slmll grade any lands t<l he conveyed to tho Town fur parks P"'l"""" in accord!lllce with the approved Overall Grading and Drainage PlaiL Lands to he c'Ollveyed to the Town lbrparks pmposes shoE be finished with a minimum of 100 mm oftupwil and shall be seeded arultor sodded with the required plantings a•. shown in Schedule "C" attached lreretc and in accordance with Town standm:ds. (I) Uru!evelooc~. Lands The Owner agrees to maintain alllunds within the limlls of the Subdivision lhat have been undcvoloped for more than a period of one (I) year in acl:ordarn;e with the · maintenunce requirements a.lll 9ct out in this Agreement and lhe Towu's by~laws, including tl1e Town ofTillsonburg Clean Yard By-law. · (m) Trees o{Si[!l!ilicanee The Owner, where required by the Town. shall prepare a ttee inventory and identily · trees of significance which are to be retained. Such work may include but is llilt limited • • i. approval ofull cut and fill operations witlrin the drip line; ii. hand digging oJ' a4iacent servicetrcnciies; and iii. may l'equirt: lbc op~on ol" a qtlalified urborist to assess the impact of proposed work$, (n) 'free Removal;l and Plantings The Owlfer Bgl."<es that trees, other than those which are dise~ISed or dead, sball notl1e removed other than in an aren to he occupied by a dwelling. dtiveway or landscupe structure· without the prior writtoTI approval from the 1 'own and shall undertake o'Uch reJnovals in acconlance wltb Town !!.tandards. The Owner Ogl"Oes tu provide tl1e T""" with a 1Ioo planting plan detailing the location and type of all treeo 1<1 he planted on hath public and private lands in uccordancc with Town standards. · (o) L;.dditional Worlql If, fi'O.m time to time during the development of the Subdivision, the Town or the. County is of!he opinion thut ,\dditional works arc ncoessory to provide odequaiely any of the Work):; and/or Serv~ce~ rcqqired by tlleJ Subdivision, the Owner shall c«.1n~truct~ inslall or perfmm such addiliunal works as may be reasonably reque>ted by flte Town ond!or County. · lZ. APPROVED CON§TRHCTION l'tANS AND:DR • WINGS The Owne1· •hall provide the Town and County, prim· lo the cxcC1)tion ol' !his Agreement, all approved pl•ns and d1uwings, tlllll: form po.rt of this Agree01cllt as listed in llchedule ''C", prepared by il1o Consulting Engineer in boih paper and dib>ital AutoCAD (.dwg) Md shape lite (.sl1p): formats, or in an AutoCAD fonnat approved by the Town and Cmmty. Revisions io any Town ur·rmsollblilg. Sub-division Agreement Pagcl:Sa.f44·· of these drdwings or spcci~catic..tJl$ mu.~t be approved and i-n1tiallcd by authmized repre.llentativc~ of the Owner om! the l"oW!land/or Ct1unty. 13. DAMAGES OR (.'HANGES TO EXISTJN(i IN~"RASTRUCTURE (a) '!he Owner shall repair any damage caused to any exisling roadway, structUl"e, ·services or plont located on or under any road allowance, as a 1-osull of the development of tile Subdivision. All "'''l" of Sllcil 1-epnim <lmll be paid by the Owner. If not rcpaiJed m accordance with the ll<Juircmcnts of the Town and/or County, the Town and/or Coturty may complete sut;h repairs as are deemed n~ce.~;.sary at the sole di!Jm-elicm of Town andlol' County. If tile Owner Jails to pey for tl1e re]lliirs completed by tne Town wiilii.ll thirty (30) days nftl1c date ofbilling, tho co•ts moy be deducted from the depusil<:d seeuritic.•. (b) "Jhe Owner shall pay fur 1my cosll! involved in the telocation of existing Works and/or Services, such a• hydrants, utility pnles, or odter servfues OJ" plant, whiclt may become nwwmy because of the development uf the Subdivision. If tho QWner fails to I"'Y fur suclt worl<s completed by tl1~ Town and/or County ~<1ihin !hllty (30) days of" the date of billing, lhc costs may be deduct£d from !he dop<J>ited securities. (c) . All access roads must be maintained by the Owner in good repai1· acceptable to the Town during the time of construction. This shall include the removul of nmd tracked from th.e bttds us well. as dust control as further described hcl"Cin. (d) No roadway ontside the limits of the· Plan may be clo•ed without the prior wrl!t~n consent of thc.Town. To obtain such consent~ the Owner shall advise the Town's Direcl<ir of Operations, not later thlln fourteen ( 14) days prior to the proposed clooure, . of the dute~ time and duration they wish lc.l. close. a !'Gadway. All cost.!rfor advertising the closure und· dctom· siguage shall be home by the Owner. (e) For 1hc purpose of" minimizing or eliminating danger, damage or int.:onvsnicncc. the Town reserves the right to limit ur prohibit the use or any existing uc[jess and/or haul road by tlte Owner. The OWileT shall direct ull or certain constructinn vehicles or equipnlent ilssociated with the con~truclion of the Works/Services along such st1'ccts as may be specified by the Town or wlien directed by the Town along such temporary constmction roads as are to be constructed and maintained by the Owner. (I) Tho Owner covenants and agree." that it shall 1>0t dump nor permit to be dm:itped any fill or debtis on> nor shall il remove or perrnil to he removed any fill, topsoil. tre~s (lT .,hrubs from any public la!!ds, other than roads ll>catcd within tlre Plan, without the "Jl1ior written consent of the Town. The Owner further agrees tbut no topsoil slmll be removed from the Lots and/or blocks except for constmction purposes within the development and then such topsoil ,.J,all be stockpil•d during grading operatiollS and · as each building is completed, the ·lop•oil so stockpiled shall be replaced on the ground around each building, and the replacing of such topsoil shall include all surfa-ces nol CLwcrcd by buildings~ driveways or pavement within the development. Exce-ss. topsoi' may be removed from the site with the prior written consetit or the Town. (g) Where my municipal property, incl~ding any Highway, has been dum aged as a result of development and any Wm·ks/Services carried oulnn the Lan<ls, the Owner shall restore or remnstruct the municipal property to its former .~tale as directed by and to the satisfuctimt oftbe Town at the Owner's e=Kpensc. 14. GRADING AND DRAINAGE OF TUE J..ANDS (a) Tite Owner shall construct all drsinage works and gnHk: all roads, lois and blocks 'widlin the Subdivision, :IUld .all ]und.q abutting the Subdivision to drain in ac:-conWm .. -e with the (b) Ovc1-all Gnldmg and D1-anmge Ptan. If the Owner at any time or times fails to corry out his/her obligations to grade and drsin tlte Lands as requirc;d hereunder~ the Town tnay enter onto th~ Lands and complete .'l;uch Work as ru:cesoory to correct the .amc. If the Owner fails to pay thr the vrork completed by the Town within lhi.rty {10) days of the date of billing, tltc costs may bo deducted ftom the Town ofTLIIso,lhurg Suhdivtsion Agreement Page 16of44 deposited socurities, or otherwise collected from the Owner. (c) The Owner, at llislher oole cost and expense including all registration cosll!, sl1all grunt lllld convey lo the Town, froe illld clear of any and all encumbrallcC.'I, casements aftecting the Lands t~s· may he necessary or required in the oolc opinion of(he: Town to provide fol'~my· drainage work !hal may be required lo rumish an outlot fur stom1 water. or nallllm water courses draining on or !rom any pait oftl1e Lands. All such easerrerts shall lw shown on 1lro approved furulongineering dmwings and shall be rcgisrored at the Owner's expense. (d) The Own..-agrees that if the drainage work required to drain the Laods results in drainage through lands other than tho Lands, all such work sbBII he carried out hy means of a strum drain and appm1enUllces of :ruflicient si>e lor the drainage requirement.• of the area !llld the san"' shall be sul:!ject to the prior app1uvul or the Town The ""semen\.<, land, servicing. reqllin:mcnts, and the dtJcmncntation tlrere<ll";nall be sn~jcct to the prior approval oftl1c Town. lf the Town is required to obtain ea.ements or land from aqjacent lurul owrers tn properly tilcilitalc·drainage oflhe Subdivision and contJibuting """"'• tbe OWiler shall be rcspDJlSible thrall costs directly or indirectly rclolcd to •aid requirements O!)d including the costs lncun'ed by the TaWil. (c) If; as the Plan of Subdivision dcvclops,.it becomes apparent to the Town, County, Long Point Region Conservation Authority, the Ministry of Enviromnent and C1imule Ch!lllgc, or tho Ministry of Natural Resources that fuJ.the1· work i• neccssa~y with 1-e.spect to grading and/or dralrwge ur witl1 respect to tl1o works contemplate<lin the clauses of this Agreement related to grading m>d draiuage of the Lands, either upon the Lands or beyond llle boundaries thereof; the Owner shall, at itlhi>Jihcr/thcir sole "''I and cxpcusc forthwith provide tl1e same upoll re~.:eipt of a written nulice from the .Town· indenlifying sufficient particulan< thereof. The nece!l.•ity of such b'l>lding and/or drai!lllb>e wurk shall be at tlie sole discretion ofthe Town. 15. Tllli CONSTRUC'!'IONUEN ACT.R.S.O. 1990 (a) The Owner agrees tlr•l it will hold buck in its payments to any. conti:actor who may construct the Works ond Services such sums a• arc provide<! in accordance with tl•• ··conwuction N•n Act, R.S.O. 1990, c. C.:iO, ""amended ("Con.•·tmctirm Lien Acf'), and win otbern1s~ indemnify the Tu'Nn against flllY cla1ms, actions or dem~ds for Construction liens or {]tb.erwise iu connection with the W01ks and Services und all costs in cmmecEion therewith, and on the delll!lnd ol" the Town will toke s11Ch steps to inmJ<diatcly discharge all liens upon the Works and Services. (b) Notwithstanding anything to the contrary contained in this Agreemen~ the OwllOr hereby agreos that the !iling of any lie11s pursu!lllt to the Con•t••uction Lien Act witl1 respect to the T.ands described in the Plan of Subdivision shall cnn<lituto ··default by the Owner of the tenns of t!U. Agreemc11t, and •hall entitle tlte Town to dra,von any or all oftbe dopo•ited securitic.•, and lo utiliec said druw to make payment into Comt of lhe amount of tlJe lien tob'Olher with costs. 16. INSPECTIONS (a) Tho Owner agrocs tltot the Town/County, its employees, agents. contmctms or any other authorized persons may-enter upon lhe Lands and inspect the coustrm.::tkm a~d installation o!" the Services wul Works. Such entJy and inspection shall not. he deomcd to constitute an acceptance of the Service• or Wod<.s or any parts tltcJ~of by · the Town/County, nor to relieve the Owner ami its Consulting Engineer from· undertaking their ow11 im;pect!on of the Works an~ Servic~S. (b) (c) tho Town/County reocrvcs the dght t<> have i•spectorslcousultants employed to review an plans and specitlcations and ohscrve the consltllction and bislallation of the Works und Services at uny time. The Owner hereby ugre<8 to pay all accounts of the TmVJ, and lhe Gmmty in {lonnootion--wlth the inspectorskonsultants within ten {JUJ days of tllenl being complered in accordance with the applicable st!llldards and specifications uf the Town and !he County. The patties hereto agree that in no event shull the To'\'11'11 be required to conduct inspections or r~con1mend acceptance .of any parL of the Works o1· Services during ihe 'rown ofTillsonburg Suhdivi,'>ion Agreement· PDge l7 of44 months ofDecet_nber, January. F~:hn1ary or March ll1 any given year. 17. PREUMINARY ACCF.I'l' ANCE OF WORKS (a) Subject to th~ J'nwision ofthl~ Agreement regarding Final Acceptance of Works, when all the Works have been comple!od and cleaned to the •atisfaction of the Co11suliing Engineer, the Owner sha!i provide the Town with the following:· i. A rnaintcll8ll.Ce security in the fonn of cash or a Letter of credit in the amount equal to ten percent (10%) of the t<>tal estimated cost of the Works with an additional len pcrcmi.t (I 0%) lor the base and surlilce oou= asphalt and curb and g11tter Work$ h1cluding aU lnbour an~ materials as described in Schedule '~D"; ii. A Statutory Declaration that all accou11ls !br rnatcrjal, labour and equipment lbr the Wmks have b~en paid and that there f!Te no claims for liens or otht::rwise . in connection with ~uch Work in acconiance with. the Statutory Declaration of" AI;COun'bl: Paid provision of this Agreement; iii. Proof that all Ministry of Environment and Climate Change~ .Enviromnental Compliance Approvals (BCA) and all other appHcable pcnnits associf!led with the Owner's proposed Works and Services have been obtained and are in good standing; iv. Proof of insurance naming the Town, Tillsonburg Hydro lnc. and the County a.'.i additional insured~s as provided for in the Insurance provisions '!f this Agreement~ v. !'roof tl>ut the Plan of Subdivision and !hi• Agreement and the Schcdnles hereto have been registered upon the title oflhe Lando; vi. Written confirmation from on Ontari<> Land Smveyonertifying that all survey monuments and iron ban; as shown on the-registered plan or subdivi"Sion nre in place and located at grade; vii. A certificate from the Consulting Engineer certifying that a. All Services and Works hove been conottucted in contonnance with the approved design drawiug,s and k> the applicable standards and specifications; b. The rough grading or the Lands has been completed to prov\dc a propet· outlet for the majol" design storm, including completion of the stormwe.tei managen1enl facility; c. A l1 sanitary and s\Orm manholes and catch basins have been flushed and cleu:ned of fo.reigt1 matter along with a CCTV imspeclion of the s~mHary and s\A.>nn sewer &')'stems, a copy or which sllaU be supplied to the Town, with conl"innation that .aH deficicnc1es. lhe CC'fV iDSpe;:ction revcalcd"hfsve been rectified. d. A 11 stormwater management ib.cilitics as requ1red in th.e stonnwater management reporL and shown on lhe·engincedng design drawings huve been constructed ucoordlngly. ull deficiencies rectitlcd. and are operutiunal and funcLioning as intended hl accordance with .the Environmental Compliance Approval. (b) Upon the Town receiving all of the tequir~d items as described i11 (a) above, the Town shall make an inspection t}f the Scrvic~!l and Works. When the Town is satisiied that tlie Ser.itleS aael \lf.erh.s ~ttbstamial~ OOAlpie-te und hrconfwnunce with the applicable •Landards and specifications, the Town Direotor of Opcratiru" •hall issue a Certificate of Preliminary Acceptance. The Certificate may contain a list or minor del1ciencics whiclt arc to be corrected by the Owner, b11t which at the Town·~ sole discretion arc !=Omddeted not to be nf .sufficient imporrance to delay the issuance urthe Certill<:ate of Preliminary Acceptance, If the Town is not satisfied that the Services and Town t1f Tillst.nburg Subdivi!)io-n Agre<:mcnt Page 18 of~-1 Work' are !lllbstautiolly complete, it may lillnish the Owner with a list of dcficie.nci•• lor tile Se•vices/Works and ihe Owner s!mll correct those deficiencie.<~ and tl1e Town Direcw of Ope.alion sholl only i .. ue a CCltificate of Preliminary Acceptance upon bch1g satisfied Ilia! those <lelk~encie.• have be;,, <.:OrrCCtcd. (c) The Owner may reque,l, and the Town Director of Opemtions at his/her sole discretion . may i•;ue separate Certiflcctes of Preliminary ·Acceptance lor the Underground Works/Services, and the rem1:1in.ing Above-ground V•lorks/Scrvices. (d) The Maintenance l'oriod or Stmmwatcr Mainternmce Period will commence from the . dale the Cc1tifJCule of Prclimi!l'"Y Acceptance is i"'ued by the Town .Din:c!Or of ~"Lions. If the To-wn Director of Operutions, at his/her !}Ule discretion. issues u separate Certificate of Preliminary Acceptunce fnr the Undergmund Works/Services, an!l the remailling Above-ground Works/Se1vices lbe Town Director '!f Operations may specifY SOJl'lfale maintenance periods for the UndOI'b'lllUnd Works/Services and the remaining Above-ground Works/Services. (e) 1l1e Mainrenance Perind for the base coursc·asphalt inoluding curb ani:\ gutter will 'continue until allt'Cluted deficiencies liave been repaired and until the placementol"the final course of asphalt. (f) It is agreed that the iinal course of asphalt will not be pluced prior to one (I) year after the Certilicale of Preliminary flcceptance for the. Underwound Work&'Servic"" has been issued. (g) It is fiuther agreed that the linal course of a•phalt and all >idewalks will be pl&:ed when eighty percent (80%) ofthe T .IlL' withhl the subdivision lmve received oe<uJlllncy m wilhin the fifth year after the Certl!icare of Preliminary Accepllmce for tl1e Undo,·ground Works/Servic"" has been issued, whichever occurs first. 18. MAINTENANCK <W WORKS (•) (b) (c) The Owner shall be resiJ<msiblc fur tho repair ond maintenance of all Wo•ks and Servicoo - oonstru<.1ell, installed, or provided by !be Owner fur a period of two (2) years (except for the "Stom1wuler Maintenance Pcrind" which shoJI be fur a period of five (5) years or 1mtil !he passing of lhc Assumption Jly-!aw, whichcvet· OCCll"' !irst, as described in tlus Agreement) !Tom .tllC dale of issuance of the Certificate of Prelimillary Acceptance for the Works and Se~viccs to which the same L'elalel< ("llilaintenanc"' Period'~. It is further agreed that the Owner sholl pmvidc a muinlenancc pedod of one (I) Y""' I< If . the final course of rulplrnll commencing Jrom the date of issuanre of the Ccrtifu:ate of Preliminary Acceptance ror such work. If during the M8itttew:~11ce Period or StoJn'!.water Maintenance Period lhe Owner fails lo cauy oUt ma~nt~nat1.ce wm·k withln sev~nty~two (72) houl'S after receiving a wrjtten reque.'tt from the Town, the Tovvn may, wjtho~ furthm· notice, undertake sucl1 maintenance work and U1e totul coil! thereof shall be paid by !he Owner fi>rlhwitlt upon demand which oosl sl1all include all administmtive, legal aad other ""pcm;es incurred by the Town in eorcying out such maintenance work. If the Owner fuils 1o pay for such work within tbirty (30) days oftho dote of billing, then the money "wing may be deducred il1>1n the deposited security. 19. MAJNIENANCESRCURITY .(a) During !he Maintenance Perillu the Owner shall provide sectrrity in tile lbrm of cash or a lelter oferedit in lhe amount equal to ten percent (10%) oi'Lhe total estimated cost of the Works and Services with on additiolla! ten percent (10%) for tho bose and swface oouase aspl~ eurl5 ami gutter S~sa:nd l:\lgW=includiitg ail hdmm and materjnh;, (b) "! 'owanls llle end of the Maiutemmce Pcrloci, d1e Owner shall make a written request to the 'l'own lhr a fi111!1 inspoetiou to be made. Upon inspection by the Town, or any other ugency, and at i!Jl !IDle discretion, the Town· shall detem1ine whether the Services and Town. (lfTiHSG!!burg Subdivision Agreement ~nge l9 uf 44 W11rks ore acceptuble and whcth.er a Coriilicate of Final Acceplunce can be issued. The :Maintenance Period sh~ll be automatically ~xtended without chonge lo !his agreement where lhe Town Director or Operations believe~~ the Services and/or Work~ arc not complole and the said Moinlenance l'eriod shall contimlc to be in elloct, and the nrninte~unce SCCUI"ity retained, until a Certificate ul"1'inal Acceptance is issued. (c) During the Stnnnwatcr M11inlenancc Period the Owner shall pmvide security in the fonn ofeashor a letter of credit in lhe amount equal to ten percent (10%) of the toUll es.tiroated cost of tl1e stonnwatcr management faci!ity including an maintenance.. inspections, and record keeping requirements as well a• all labour and mateiial•. (d) . Towards the end of the Stormwater Muin\enancc Period, the Owner shall make 11 wril!el1 rc'lucst to the Town for a final inspection tn be made. Upon inspection by the Town, or any other agency, und at its. sole discretion, the Town shall detennine whether lhe stormwater munagemcnt facility is acceptable m1d whether a Certificate of l'i,nal Accepiancc can be i•sued. The Stm111W~!er Maintenance period shall be •ntonmtically extended without change to.tJlis Agt'eemenl where the '!Own Direclor ofOpc.ratiollS believes the stormw-clter management fucilily is not complete und lhe said Stormwater Maintenance Period shall continue to be in effect~ and lhe maintenance security r~ah>ed, until a Ce1tificule of Final Acceplumie is is !!lied. 20. FINAL ACCJ!:l'rANCE OF WORKS (a) One month hcforcthe end ol"thc Maintemm"" Period or Stmmwuler Maintenance Period <>I" the Works identified in the applicable Cerlilicale of Preiiminu•y Acceptance, the Owner may make a reqtlcst fur a final inspection. The Town will inspe<..1 t~e identified Wo1ks uud 1f any deficiencies arc evident in the inst&llotion~ materials, workn1unship) cng~cering design, a revised lis! of dc.ficieucios will be provided hl the Owner to nl<lke lhc liCcosswy corrections and r~:pairs.. An ex~ded Maintemmce Period or Stoiluwa1er M!iin~.llfUlce Peri(jd may be required on con-ected and/or 1~aired Wurks. (b) Prior to issmmc~ or ~my Certiiicate of Final Acceptance by the Town· Director of Operalions, till: Owner shall provide to the Town: · i. A Statutory Declaration that ul! accmmts for material, labom· •nd equipment for 1hc Works have been paid und that there are no claims fol" Jien~ or otherwise in connection with such Works in accordance with the Statutory Dcdaration of Aocounta Paid provisi011 of ll>is Agrccmen~ ii. Proo'r of insurance naming tlle Town, Tillsonburg Hydro lnc. and ·the Cmmty as additional insured's as provided f~r in the Insurance provisions of this Agreement; iii. Proof that all Minlst1y of Rnvtrorunent uml Climate Chunge, Enviromnenlal Compliance ApprO\'llls (ECA) and all other applicable pe1mi!s associated witl1 fhe Owner1s proposed Works and Services have been obtained .und arc in good standing; iv. A Certificate from tl1e Elcctrioal Safety Authority. certifying the Streetlight system; v. Written covlinnation from an Ontario LHnd Surveyor ce11ifying that all survey monuments-and i.ron barS as sllOWn Oll the registered plan of subdivision are in place. and located at sradc. vi. . Confirmation f-rom the Town that any emerge11cy repairs that muy huve been completed by the Town have been paid .fur by t~e Owner; . · vii A certiiil.:ate from the ~ommlting Engineer certifYing that: a. AU \Votks have bee;:n constructed in coUfOimance with llic approved design drawings und !<> the applicabl~ standards and •pecificatious and that any and all defic;encics have been rectified; b. All Sanitary and Storm manholes and caleb basins have been rc-flushed . and cleat1cd at the end ofthe Muintenoncc Period of foreign muller along Tm.vn ofTillsonburg Subdivision Agreement Page 20 l.lf 44 with a CCTV inspe,ction of the Sanitary and Stmm sewer sy•tem• wit!\ confirmation that any new deficiencies the CCIV inspection revealed have been rectified; c. AH ~tnrmwater nmnugellH::nt fi\cHities. as required in the stormwater management repo1t .!'llld ~hown on the engineering design drawitigs have beel.i con~lmctcd accordin.gly, aH deficiencies rectified .• ·undergone final cleaning, and arc opcratimml Rml runction~ng as intended along with the final inspection and annual monitoring reports/logbooks us outlined herein and/or in lhe'EnviroiUllclltal Compliance Approval; d. Any retaining wall structures arc stmcturally •ound and were constmcted to !he approved desib'll drawings and applicable slaaililrds und •pecifications and that any deficiencies huw been rectified; viR Final i•as constiuCted'1 drawings of th~ W'.'ltks on original mylar tram;parencies and on CD-R media or USB2.0 inAutoCAD or DXFfurmat. ix. Record Fonns indicating the swing Lie meastu'Cments to plunt features srich as hydrants, valves, suritary manholes, stonn manholes, catch basins, double catch h""ins, etc. in hat'dcopy or l'DI'" format, usin~ the plant ill numbers from !he desi~=orn drawings. All measurements arc to be mehic. (c) Once the Town is satisfied tlmt all ili:!ieicncics hove been recti!lcd and provided thuttha Owner ll!lsotherwisc complied with this Agreemenl, the Town Director of Operations will issue a Cer!ilicatc of FiruJl Acceptance for the applicable Works, at which tilne Lhe associated main{enancc Sccudty wm be released by the Tuwn in. accordance \'(itli. lhe Lenns ofthls Agreement. (d) A separate Certificate of l'iruJl Acceptance for the ba•e course asphalt including curb and gutter will be pr<>Vided following an inspection by the Town and once tho Town is satisfied that aU related dcficiencieo have been rectified one nmnth prim· to llie pluce01ent o J' Lhc final course of a.•phalt. (e) The Town/County agrees that upon the issuance of the Certificate of Final Acceptance .of Lbe Underground and Above-ground Works/Services, lhc Town/County obatl hear the cost of" all expenses "'"ociated with each of !he .aid Underground and Above-grotmd Works/Services, 21. ASSUMI"'TON BX-l,AW The Town shall not assume or be deemed L<> have assumed "'1Y o I' !ltc Works m· Service; until all Certilicates of Fino! Accoplrutcc requested by the Owner ilave been issued by the Town and the To'Ml h.,; approved and pa,sed an Assumption By-law. Once the water distribution and sanililry collection sy•lems have been· iru;talled lo the tiulisfactiou of the Town/County9 the w.u;ter distribution system and sanitary coJJectiori sy:'t.lem shall he assumed and operated by the County and/or desil!liii.Led ,.rvicc provider. Upon all repairs being completed and provided that the Owner h.,; complied witl1 all other terms und·conditions oftbis Agreement, tl1e Town Director of Operation• shall submit a written reporL to Town Council ~dating that all the Works and Servic~~ l~ave been constl1lCied und installed to the applicable standards and opecifications, tha\ all accounts in conneclton therewith have been paid, tbat all fmancial requirement~ lla\le been met~ and tbllt oil the Works and Servicos are in tlic required condition to be assumed . . The Owner covenun~s and agrees that upon an Assumption By .. Jaw being pu.~~ed the OWilCI .~lip eHhe=wmios anfl .Sel"o'ieOS w;s...,e<l jl'JP.lOalll w !IHF1lyolavr~IIalh..,;t in the ToWJliCounty and the Owner shall have nu claims OJ' rights thereto othe~· than those accruing to it as an ow111~r of land abutting on pubJle highways. where the Works and Services have been installed. Nc.'l acti~n of the Town~ by way of repair to the \Vorks or Sorviccs. mub1tenan~c, use of or Town ofTili!JOI'lhmg Subdivision Agt:eemcut Page21 of44 connection to the Works or· Services, Wjnter maintenance of roadways or sidewulk~:;. operation of the street lighting system~ refuse collection. parkland maintenance. or any other use or !lotion shall be construed as assumption of the nffecle<l \\I(ITkS or Scoviecs and no ownership shnll vest with the Tawn until the A~•umption Jly-law is passed by Council. 22. USE Ol!'WORKS BY TOWN The Owner agrees that l11c Works and Services may be used pdor to "'""'ptancc ond "'"umption by the Town and/or County. or othe1· authorized persons for the pUlJillSe for which such Works and Sewices are designed, and such use shall not be deemed an · acceptaJJce ·()r a"sumption of the Wurks or Scnrices by the Town and/or County. nor shall snell use in any way relieve the Owner of itslhisllierltheir obligations in respect of the Works. and Ser.vices so used. 23. REPAIRS n; al any time prior to tho i"'uoncc of a Certificate ol' Final Acceptance by the Town uny nJ' the Works o1· Servic-es rail to function, or do not function propedy, o1· .are com;lructed in such a manner a:s tQ cause damage or pose u. threat of damage of any nature ur kind . wl:wtsuev~, and, in the 1·ea"S:onablc opinion l)r the Town Director of Op~ratic1ns, rectiiiculion or action is required lo prevent damage or hardship to persons or prop~rty) the Ownel" .shan 11pon receiving Wlitten notice fmm the J'uwn, do all acts and things as required by the Town Director of Operations (D rectify the oondiiion and repair any damages cuused . lo any existing Town infrastructure, ea:!tcmcnts. or other services coriicmplated by this Agreemctrt. 24. EMERGENCY REPAIRS ln the ca"!e of an em.ergencyt in the sole opinl(ln of the Town Director of Operations, cmployye~ or agents of the Town may enter onto th~ Lands: at any time or limn time to time tbr the purpose of making emeJgency repairs to m1y of tho Scrvicesliildlor Work." without m•lice. Such entry und repairing shall not be deemed an ucceptancc'of any of the Services or Works by the Town, o,· an assumption by the Town of any liability in connection lh,.ewith or rele"'" of the Owner frmn any of illl'ltis/.her/lheir obligations under this Agreen1ent. The co•t of such work •hall be calculated. by the '!'own Di•·ector of Operations whnse decision shall be final. Tho cost of tltis work, together with on Engineering t\:e of live percent (5%) of the cost of materials and work ,,hall forthwith be pwd to the Town.by the Owm;r on d=and. Should payment not be recoived within thitty (30) days from the issuante ?fan invoice fl'Om the Town, the Town may draw upon the depooHed scc~lfity. 25. FAILlJRE TO INSTAT,L ORREMETIY FAULTY WOR~ If, in the opinion of the Town Director of Operations tl1e Owner: .i. r.~ not proceeding or causing to be proceeded tb.e works required .in connection wilh this Agreement within the agreed upon timcfi:ames. or in order that it may be oomplctcd within tho agreed 11pon timelramc; or ii. Is improperly pcrfornting the works; or Hi. Has neglected or abandoned haforc the completion, or ll!ll'cosonably delayed the same. so lba.t conditions of tbis Agreement are being violated or car~le~sly exeCuted or being. carried oul in bad faith; or iv. lias neglected or l"efnsed l.o renew or again perlhrm such work as may be rejected by lhe Town Directo• L)f()pcrat.ions as defective or unsuitable; or v Hfls-defimlted perfmmmu;e of the tc!'ms-and "Cr.mdil'irms-of this-a.green1en1~ Then,. in any such ,., ... the Town Director of Operatim1s shall .Ftomptly notifY the Owner, in wdting, of such defauH or neglect ami if such notiflCatiou1'e without effect within ten {10) business days after such notice, the Town nirector of Operutions shall thet~upon b•ve full authority and power to purchase materials and employ wmilmen and machines lor r • .. Town ofTitl!:itmburg Subdivision Agreement Pitg.e 22 of 44 ·· proper .completion of !be said Works !lt the cost and e•pensc of the Owrier. The co•t of such work shall be calculoted by lhe ·Town Director of Operali<ins whose decision shall be final and be paid Ia the Town by the Owner on demand. Should payment not be received following the isSuance Qf an invoice from the Town~ the Town may drd.W upon the deposited security provided by.l~e Owner pursuant to lhi• Agreement. It is further understood and agreed between the parties hereto tbot such eniiy upon the J"unds shall be as an agent ft>r the Owner and. shull m>t be deemed, for any pwpob"O< whatsoever, as an acceptance or assumption of the said Works or Servie~' hy the Town. 26. WJNIERMAINTENANCR (a) Upon the issuance of the Cp;tificate of l'relin>inary Acceptance for the Undergro11nd Works/Services and provided that aU munlmles~ catch basins, and valve boxe!-i are a<liustcd to the base course a.•phalt geode, the Town ohall commence roadway winter maintenance activities. (b) Upon the issuance of the Certificate of Preliminary Acceplonce for the Above-ground Works/Services and provided that there is a continuo'"' uninterrupted link of sidewulk panels~ the Town shall commence !=lidcwa.lk. winter mainleT1ance activities. (c) 11•• Owner agn:cs to keep, ut i!lhislhcrlthcir OWl! expense, U>e roadways and sidewalks clear of all coiJEtruc!ion und building materials so "" l<> enable tl1c Town to perfom1 winter mainlenancc activities ofthe .'iilid roadways and sidewalks. (d) The Owner agrees that any work done by the Town purnuont to !Ws section befon• the roads and sidewalks arc assumed by the Town shall not be deemed in any way to be un acceptance m .WS!iiurnption by the Town of the roads or sidewalks ilpon which suclrwork ls done. The Owner acknowledge• that . tl10 Towri, while pcrfor~ning winter maintenance aclivitie!Z, may damage or inlerfurc w.ith the work.oe; and/or property oftbe Owner and may cause damage ·to such works m!dlor p1uperty. The Owner hereby waive• a!1 claims againslthe Town that itlhel•he/they might have arising U1erefrmn and covenants that itlhclshelilley ";n malro no claim against the Town for such interlerencc or damage, provided that the winter maintenance activities are carried out without negligence or 'INillful rnfscond11ct by the To-wn or its employee:s. agents~ contl"aCtor.s. or any other authorioed person the Town is responsible for at law, 27. REFUSE COL~CTION (a) Upon the isstmni:e of t~e Cmtificate of Pro!iminary Acceptance lor lhe Undcrgrmmd Wnrks/Scrvi.ces and afler the jssmmce of lhe first Occupancy "P~mrit> the County shall t::ommcncc wfis~e and recycling collet:tion activities. (b) Tl•e Owner agrees to keep, at its/Ws/heli!heir own expense, the l'O"<ldways clear of all· construction and building mulorials so as to enoblo the County to perfom> rel\l.e collection along said roadwaY'. 28. DUST AND WEED CONTROL (a) Puring the cntiJ:e construction of the Subdivi•ion and until issuance or the l'inal Acceptance C011iflcate or all the Work•, the Owner shaH apply oppmved dust · retardant~ in sufficient q'-tantitics or tmdertake uny'fltbcr actions approved by the Town Director of Operations to prevent any dust problem to traffic or nearby properti.,.. All cosL• of such works shall be paid by the Owner. lfdu.•l is not controlled in accordance with 01e requirements ofth~ Tovm Director ofOpe;:r~iot~st the Town may npply such retardants •• are deemed necessary by the Town Director of Operations at hisihet· sole discretion. (b) Until the Subdivisi<m is 1\tlly developed and all lots have a completed dwelling urut constructed. the Owner shaH 1mderta'ke sufficient action~ lo ensure the effective control of all type• of vegetation on vucanl/undevclopcd lands within the Subdivision and on the Owner's obuUing lands. All costs of such works simi! be paid for by the Owner. If 1he vegetation is 11ot control~cd in acct1rdanc~ with the requiremenl'l: of the T<>wn's by-la\\~ including the ToWD ol" Tillsonburg Cleon Yard By-law and/or the Town of TiU~nburg_SubdivisiQll Agreement · Pogo 23 ol'44 To'Wn Director of Operations~ the 'f'own may perHmn vegetation control ucliville.c; as deemed neoes•ary by the Town J)ireotor of Operations at hi•lhcr sole discretion. {c} If the 0\\oter fails to pay for such dust and vegetation control works compictcd by the Tovm,1ts: employees, agents, contractors. or any other authorized person. within thiity (30) days oJ' the date of invoicing, tho costs shall be deducted· from the deposited securities. 29. DEVELOPMENT CHARGES, TAXES. LOCAL IMPROVRMRNTS, AND OTHER CHARGES (a) DcvelopJ»ent Charge• The Owner agrees tbr himself/herself and all successors in.title that ul !he time of upplication for a building permit for eacll lot or building block in the Subdivision, the Town shall have the light to charge, and the applicant for the building pem>it slmll pay a. developn-.ent charge to the Ttlwn in accordance with the Town"s Development .Charges Ry-laws, as amended, and shall pay development charges to the County in accordanc~ with the Co:unty'~ Development C!mrges Ry-law~J as amended. · (h) l_'a)<os The O"uer agrees to pay all arrears of taxes mJtstonding against the Lands or a! the limo of execution or this Agl"CCment with the Town. The 6wne1· further undertakes and agrees to pay all taKes levied on the Lands on !he basis and in accordance \vith assessment roB entries until such time as the Lands have been a1:1sesged and entered un the coHector's mll according to the regi~tcrcd plan of subdivision, tbllowiug whicl1 lhe individunl owners of all the lots and blocks in the Plan shall be responsible for paying all taxes levied on the separate lolo and blocks in the l'lan. · (c) 'Locnl lmprovcooent Charges The Owner ago~es to coounute and pay all charges with ·respect to existing local improvements asseo.ed against the Lands before or al the time of execution of tllis Agreement. (d) Other Charl"'s The Owner agrees to pay any other ""'"'""'<I charges owing l<> the '!own including the appraioal costs t'Ol~ting to the valuation ol'lhe su~jcct lands l~t cash·in·liell ofpao'kland purpo:;es, prior to or at the time of ex.ecutinn of tllls Ab,sreemenl. Jij. REPLAC.'EMENT OF SURVEY BARS 'rhc Owner shall provide to the T<>Wn a certilicale and/m· statement rmm an Ontario Lund Surveyor upon completion of the llndcrgrotmd Works/Services eertilying tl1at all survey morttuncnts and iron bars as shown 011 ibe ·rqg.istered plu\1 of .!mbdivision are in phl.ce and are located at grade. · 31. LANDS FOR MUNICIPAJ, PllltPOSE (a) The Owner, at 1tlhislherl1heir sole -cost and expense including all registration cost<> and applicable taxes if any, covenants amt agrees to grant to the Town casements or other lao1do as set out in Schedule "G" attac~od hereto. which, are required for the installation and maintenance ol'municipal Services/Works or drainage purposes fi~ and_ cl~ar a.ll ~neumhrances. (b) The Owner, at illhislher/tbeil· s11le coot rutd expense, including all registration costs and applicable tax:.es if any. covenan.l and _agrees to convey and transfer I .ands which .are for public puiJJOSC or municipol Services/Works lo the Town audlor County free and clear of all encur11branccs for aU required Righl~of-Ways, Park Lands> Storm Water Management Lands. 0.3 metre reservelll, or other Lunds as. set out in Schedule Tnwn orTills:onburg: Sl1bdivi~ion Agtecment P~:~gu24 of~-1 "G" attached hereto prior to the issuance of a Certificate of Final Acceptance by the Town ,.rany Works or Service~. (c} The Owner and Town ugree that the deeds for Lands to be conveyed to the Town pursmmt to this Agroement shall be delivered to !l>e Town Clerk within thirty (30} business d•ys lime of execution of !his· Agreement ami are subject to approval of !he Town SoliCitor, und will he rcgiste1~d in the appropriore Land Titles Office or Lnnd Registry Oftico, the costs oi'which shall be paid by the Owne1' (d) The OWner covenants and agrees that Lands conveyed to the ToWll for municipal purposes willllot be used for disposul of debris obtail1ed !rom tho development of the · J,unds herein developed, and tbe OWiler furtltcr coven<~~tiS and agi·ees to t-csu·ain all others from depositing junk, debris, and refuse on the land(s) conveyed to the Town ' and !o remove ftllY such junk, debris or refinio so deposited imme<liulely when so directed by the Town at its/his/herlthcil' sole cost and expense. (c) The parties hereto "6'"" that, in tbc event tl1a\ •·equircd Easements, Right-of-Ways, Pt5rk Lands, Storm Water Management Land:s~ or other lands as required pursuant to this Agreement have nol been properly conv~:yedJ the Town, in addition to any othr;=r remedies avai.lablc to it, may expropriate such. Easements, Rlght-ol.' Wa~•. Park Lands, Stonn Water Momib"'menl Lands., m· other Lands, and the cost• of such expropriation shall be at the expense of the OWiier. (I) The Owner agrees to gnmt, at its/bislileJ1their expense, such further E .. ...,mcnts or · other lands as may be required to provid<: or adequately protect any of the · Services/Work., required in the Subdivision that the Town Director of Operations may establish as neces:;;ary durlng conStruction aud pritlr to Assumption. 32. CASH-1N-LIF.U OF PARKLAND CONTHIRUTJON (a) The nwner acio>owledges and agrees that Cash-in-Lieu of the dedication of parkllllld will be paid to the Town al the time of e:<eculion of this Aboreoment as outlined in Schedule ''E" a!lachcd 11ere!o "'determined in the sole opinion of the Town. 33. LONG POINT REGION CONSERVATION AUTHORITY REQUIREMENTS (a) The Own.,.-agrees thRt a •ill fence or olhol' barrier suitable t<> !he Town and/or Conservotion Authority shall be erected along any .... tback line esmblished by the Long Point Conservation Authority or the Enviromnenlal Impact Study, c0mpleled by Jeff Thompson Envirnnn-.cutal Plalllling & Design Lirnitr:d prior to the conun~ncemcmt of grading or constmc!ion and slmll remain until aU !,'fading and <;onstruction and ro- •odding hove been completed. (b) The Owner agrees thai no constmction or soil disturbunce shall take place below any ••Lback line establi•hed by the Long Point Conservation Auihority wHhnut a geotechnical study prepared liy the Owner for review and approval afthe Long Point · Con~ervation Authority. 34. FIRE DIWAR1MRNT REOlllREMRNTS (a) 'J'be Owner and Town agree thul Building Pemlits will he rcstl'icted to provide a firo break eve1y six (6) Lots mtil externa!.finishlug, cladding, roofing and windows nn each unit abutting each side Lot line ha~ bccll compJete~o.t unlcs.sr otherwise appnwed by the ToWll Fh-c Chief. (b) The Owner further agrees that street •igns shaH be erected ll>at ru·c painted and clearly • n legible •• approved by the Town. fustened to a post at le .. t2.1 mctrcHbove !,>rOUnd level at all street intersections and mainluined until pe.~mummt signs arc erected. 35. GAS UTILITY RiWUlREMENTS Town CJrTmsonburg Subdivision A~rteemeut P~:~gc 25 of •ltl (a) 'fhe Owner shall grade all boulevards to tina! pro-topsoil subf,'tade prior to the lnstallation of the gru; lines~ and piovide the necessary tieJd survey infmmation required for. lne installation oflhe gas lines, all to the satisfaction of the applicable gas utility. JG. TRLilCOMUNICATION REQUIREMENTS (a) Prior ro the isottancc ofBullding Permits the Owner agrees thot the telooon>munication service providers (llell, Rogers, etc.) shall cordiJTTI \fl the Town. that salisractory arrangeme~1Ul, financial, and t1thetwisc~ have been made for any of the re~pect~vc teleconununi<:ation facilities s.erviclng thC Lands wlrlcl1 are required to be ins:Lu11ed undergn'lund. (b) The Owner agrees to grant any casements !hal may be required icll·telecommunicotion services. · . (c) The Owner further agrees that il' there is are any cnnllicts with exioting telecomm<mication facilities m· easements, tbc Owner shall be responsible lor re- arrungements o1· relocatiOn. 37. CANADA POST REOUIIlliMENTS (a)· The Owner shall he responsible lhr the supply ami installation of-Community Mail Boxes (CilM) ami associated concrete pads withill the Plan of Subdivisi11n to the 5alisfaction of the Town and Canada Post in accordance with-the Town and/or Canada Pnst standard• a1>d spccif>cations. (b) The Ownor li.Ir!hcr agrees to determine the location of all CBM's in cooperotion with Canada Post and the Town and to indicate the locatioD <It all CllM's on lhe. engineering design dra'Wings; und maps or inibm'HltiOn boards in U1e sales office. (c) The Owner covenanls and agree• to provide the Town with evidence of .•atisfacrory arrungementst financial and othen.vise) that have been made with Canada Post for the installation of CMBs as r"'!nircd by Cacyada .Post and •• shown on the <lpproved P Jan. (d) The 0Wller further ctwenants and .U:brrees to provide nt)ticc to prosp~ctive purchasers of the )ocalit>ns ofCMRs and that mail delivery will bepmvidcd via CMB•. 38. J.OT GRADING (a) The Owner agrees with the Town that all Lot• will be graded itt accordance with the Owrall Grading and lJminsJ,'O Plan includetl in Schedule "C" of this Agreement and. that after the placement of soil on any of the J~ands the Owner will arrange fur an inspection of and receive tb.e approval of the Lot b"ad!ng by the Con•ulling Engineer. (b) The Owner agree• to place in the deed, transler or conveya~ce lor every Lot a resltictivc covenant in favqur oflhe remaining I,unds affc~ted by this Agreement thal the purchaser or tn.msfercc are to provide and maintain tho gr:ad~ng und drainage and will no! alter tb.c gradl11g and drainoge <>n the land in any way .that will adversely affect the drainage pattem estahlished by tho Overall Gmding and Drainage Plan a.• amended and approved by the Town. The restrictive covenant shall rnn witlt the lund and shall >tale that the ownet will not do, <Ir cause to be done, any activity that ulleril the drainugc on the lund including~ bl1t not limited to. coristmcting a building or structure without the approval of the Town, placing lill, planting trees, or landscaping. Any changes will only be reviewed by the Town if accompanied will> the Consulting Eaginocr's drawing ~1amped am! signed. (c} Th~ h~er ~n-d To~~ ~g~~-.hat-no Btl~kii~g ji~mnt w~li 6~ )~~~d toranyiOt U~lf~AS- a Prolimim1ry Lot Grading Certificate lrns been submitted in conjunction with llie corresponding Ruilding Penni! application. Preliminary I.ol Grading Certificates .-;haJl be prepun:d ln accordance with Town standards. · Town afTillsouburg Subdi'l'i!o;i(ln .ll.grecmcnt P11gc 26uf44 Such Prcliminmy Lot Grading Ccltificatoo shall have been approved, •igned and scaled · by the Consulting ilnginee.-, and shall contain a stuteme!lt from the Consulting Engineer certifYing that the said Preliminary Lot Grading Cerlillcale is in conformity witllthe Overall Dradillg and Drainage Phm included in Schedllle "C" or thi• Agreement, and that the location of !be ptollOSed' dwelling andftlr dctacJ1ed aecesHOry buildings ond/or structures as shown on \be Preliminary Lot Grading Certificate accuL'lll<:l y rellects the prnpt~sed buildings os shnwn on the plans •md drawings for wbicb a Building Permit b"" been applied. · (d} The Owner ogrees that the services ol"!he Consulting Engineer will be retained for the purposes of prepadng and submitting the Final Lot Grading Cerlir.catc fOI' each Lot afl.erthc. completion of tho dwcUiltg and Jinal grading for Town approval. Each Final Lot Grading Certificute shall contain a statement for the CollSUltuig.Rngi!>eer certifYing th•lthc grading on the subject Lot has been completed in accordance with the Overall Gmding and Drainage Pion aud that the dwelling and/or detached accessory buildings ondlnr structure< have been constructed at the location(s) shown on the plans aud drawings. The Owner lurlhcr •g•·ees thnt the Consulting Engineer shall provide Service Record Forms indicating the swing tie mecw1.tremcnts from the mu1n building to the water. sanitary~ and storm ~vice laterals fut the· Lot. AU measurement~ arc to be metric. The municipal addr""• and street lllUne.,.. In be used to reference the ties. 39. HIJILDING PERMIT llliQUIREMRNTS The approval of the Plan of Subdivision by the Town or the acceptonce by the Town and/or County of tile Services/Works sl1al1 not be deemed !<1 give any assuruuc~ ~tal municipal · building ponnits, when applied for, will be issued in respect to the Lots or building blocks in thcPlfm. Building Pennil applications will be considered subject lo the foliowing conui\ions for the Lots or building blocks identified ill Schedule "B": (u) A Certificate ul" Preliminary Acceptance for the Underground Works/Services has been issued by the Town Director of Operations; · (b) The Proliminary L<1t Grading Certilicale from the Consulting Engineer has been appnwed by Town Engineering Services;_ (c) '!'be applicable development charges for the lot or building block to which a permit is being applied lhr has bCen puid in accordance with the requirement!) or both the T'own and County; (d) The Plan of Subdivision described in Schedule "D" and tbis Agreement hus been regi•Lered on title ugainsllhe L81lds; (e} An 01rtm1o Land s~rvcyor has provided the Town with a building location survey conlirming the proposed building locaUim is in confom1am.:e with the aU provisions. of tl1e Town's Zoning Ry-law. (I) All fees, taxes, and levies hcve been paid and ul1 other provisions and requirements of this Agreement have been meL · Building Permit applications will not be considered for subsequent ph•••• or stages prior to lhc approval of the respective ph .. e or stage in uc-.;ordanec with the provisions of this Agreement regarding Subdivision Pha•ing. 4n. MODEL HOMRS The Owner may erect lwo (2) model home< on the Lauds on proposed Lots approved by the Town subject to the following: (;I)·' Paymentofthe Building-Permit U!'l'licationfeeand u gradingdcposit.to thoTown for · euch model home Building l'crmit. The Town agi"Oes to reti.ind the srading depooil to tbe Owner, without il1terest) npon the issuance of ••As-Constructed'" drawings and a follow-up site inspcctio11~ (b) All linanclal and other matters are ill guod standing to dule pursuant to the tenn• and requirements ofthisAgt·eemcnt; · Towu ofTillsonburg Subdivision Agreement Pagc27 of44 (c) The Owner ugr;,e, lo submit to the Town Direcl(lT ofOpcretimlS a Site Plnnand otltet· such druwli>g!! "" the Town deems necessnry lur the development of the Model Home area for approval. whlch approval must b~ obtained pric1r to the commencement of any construction work hereunder and as a p.rerequis.ile:: to the 1=--:sllancc of the lluilding Penni! with respect to the ••id Lot. Approval shall relate to lhe lot grading, drainage, and l•ndscaping as well as other maUors which the Owner prop(,... to install, consh·uct or erect on the said Lot;. (d) The Owner and Town agreo that if ServiceS/Works have not been installed that an additional connection security dep<><il, a.• dctcrmlncd by the Town, will be required at the time of Build~ng Pcnni.t applicutilm~ The Town agrees to refund the cflnneclion security deptisit to the Owner. without interest, upon receipt of written cuntimuttion of connection Lo the newly installed services; (e) When: a Building Permit has been ~~~ued to permit the construction ol" a nu.1del home~ an unobstrucled emergency access route shall be· maintained at all times with a .an.i.ni.mum width of six (6) metres constructed of granulars and have sufficient compaction u~ tn provide access for all emergency vehicles to the satisfaction nf the Town: a11dlor County; (f) Every model home shall ct>n>ply with all pt-ovisions or the Town's Zoning l3y-law and •n Onlarip Land Surveyor shall provide the Town witl1 a building location smvcy confirming Lhe building location; {g) The Owner ctwcnants and agrees that no-building or structure or erection built, construcred ur ereclcd on. any Lot U8 u model home shaH. be occupi~dJ save and excep-t that the building may be occupied for lhe sole purpose of an office lO promote the sale ofbouses in the Pion of Subdivision as 'described in the Agreement. No occupancy of the model home shu!! be permitted untilnll or lhe other applicable 'Provision• or lhi• Ab'l"eernent have been complied with. - 41. OCCUPANCY PERMIT REQUIREMENTS Occup011cy Pennil• will be COJJsidered •ul>jcct to the following conditions for dwelling units completed' on the Lots or building block• identified in Schedule "B": i. Preliminary Acceptance Certificate of the Underground Works/Senrices hrUi beet• issued by the Town Director of Operations; ii. Written continmllion from the local hydro distribution company certifying that . the lllcctricol Plonl ba" been inspected und energized; iii. A Ccrtiticate from !he Electrical Safety Authority certifying the S!reellight system; iv. An occupancy inspection in m:C<>rdancc with the On!urio Bttilding Code of the dwelling unit has been completed by the Town's Chief Building Official. 42. SJGNS RESPECTING MAINTENANCF. OF ·LANDS AND ASSUMPl'lON OF ROADS BY TilE TOWN Signs at least 1.2 metres by 2.4 metre• ohall be provided, ereoted, and maintained by the Owner at cacn entrance Lo the Subdivision and the signs ohall read ... lbllowo: ROA»S NOT ASSUMED RY THE TOWN OF TILlSONBORG USE AT YOl!R OWN RISK ALL UNDEVIlLOPED LAND1>' WITHIN THT,<; SUBDiVISION ARE PRlVATll' PROPERTY. ANY QUES110NS OR CONCER/JISREGARDING THE UNDEVll'LOPED LANDS ARE TO BE DIRECTED TO; Pl!.'RFORMANCE COMMC!NJTIES REAL1'Y INC.· I BAlUUE BOULEVAIUJ ST. 1'110MAS, ON, N5P 411.9 The lettering shall be qpper case, 1:5 em high, properly spaecd and bluck in colom on a white background •ign. ·'rown ofTJllsonburg Snbdivi!iion Agn.:cmenl flt~gc 2R Df44 These signs shall be installed prim· to tb oommcnccment of collstruction of the Services/Works and, subject to the pmvisions of this Agreement regarding the Assumption By-law, shall bo removed after the To.wn has approved •!ld P"'""d the Assumption. lly-law. 43. STATUTORY DECLARATION lW ACCOUNTS PAID The Owner agrees that upon upplying for a partial or full reJe .. ~e of securities, Certificate of Prelitninary Acceptance., or a Cerli licato of Final Acceptance i!lbe/she/thcy shall supply the Tow11 und County with a 1:.1atutory Declaration that allaecounts !\~r work and materials fm· the Works ond Services have been pUid und·that there arc no claims fhr lier'l:-1 or otherwise in connection with such wnrk done or materials supplied for or on behulf of !he Owner for !he Sqbdivision. · · 44. SEVERAlllLlTY [n the event that a Comt detenntnes lhat any provision of-this Agreement, including any provisiQns ~eL t)~t -in the Sched~es attached to tb.is Agreement is void or unenforceable: (a) such provision shall be deemed severed from the Ab'feemenl and the balance of the Agreement and its Schedule• sl1all continue in full force and effect; and (b) the parties shall provide and porfunn ~uch further !ISSUrance• as are neccssmy to ensure the i.mplemen~ution of those provisions deern.cd scvc!'ed. 45. 1NDEMNU•1CATTON Until the passing of the Assm)lplion By-law, the Owner on behalf of itscllfuimselfi'herself/thcmselves, il"hioi/hcrlthoir heirs, executors, administrato<S am! assigns, 1neluding its/his/her/their successors ln title~ hereby covenant.~ and agrees to indemnity imd save hannlcss the Town •nd tho County of and Jrom all actions, cause of actions, sui~, c1a:ims, demands, UamagC.~~ .los.sesJ cosls~ charges and expe.n~es of every nnture ~nd kind whatsoever by whomsoever make brought or prm;ecuted) including legal · fees, which the Town and/or Count.y may incur or llave to pay. which may arise "eilher dirt:ctly or indirectly by re ... on of any activity, actions, p01formance, negligence m· nml- pedbnnancc of the Owner, its employe~sj servants, agenls, contractors~ st1bcontructor.s, architec~ landscape architect, englnc.cr, surveyor~ planner, oorumltaut, pr-oject manager or uny othru person the Owner is responsible lhr at law during the development of the Lands; ·in executing the· work under lbis Agreement; by reason of instaiJution of any Services/Works requlred uttdcr this Agreement; by the failure ur tho Owner to complete lhe installation of the Scrvicesf\Vorh required under tl1is Agrcc~nt; because or or oft accou~t of the ,,wncrsh.ip, construction, usc existence. nr maintenance of the property described in the Agreement; by the exercise of the Ownc.-'s powers under this A!l>eemenl; the construction. n1uintenancc or the improper or inadequatt! construction, installation and/or infliutenance of the Servir;esi\Vorks; any act or. omission of said parti.es while-unde11ak.ing the Plan; or by rea'ton of the neglect c.lr the Ow.ner or itli-employees. servants. ugt:nls~ contruc,;iors, subcontractors or nthcr.s for whom th~ Owner ls respon~ible at taw: Without Ihniling the genemlity of the foregoing. the Owner·agrccs to indemni.iy and save hunnle:ss the Town fQr any issues related to the altcre.ti<;m of any grade or existing Level constmctiont the maintenance or repuil' of any street within the Subdivision, or by reuson of the failure. neglect or omission of' 1he Owner to do anylhing agreed to be done pursuant to this Agreement or by rea~on of any act or tlmiRsion of the 0"\K.mer, including failure of the Owner to comply with the Consh·ucJion Lien Act. The Owne1· fuilht!r covenants to indemnity and save hannles~ the Town and the Cuunly H.Yhli1Si. ~11 aijJOiJS; ·caos·e o1 Ucti(.m-s~. siiftS; Cliibri~J denlHndS, .dttiiitigi:s~ l(iS~e·s; COSf;S; "cliaiges and expenses whatsoever instituted a!\er tho passing of the As.•umption Dy-law resulling from causes of action arising before the passing of the Assumption Dy-law. · 46. INSURANCE 'f'own ofTJU5onhmg Sl•hdivi~Tun 1\gtccmc:nt Pago29of41 Ptior to the registration of the Pl•n of Subdivision and the exeClttion of this Agreement, the Owner shaH pm·ch•lse and maintain insurance against all damages or clairrt!!i fbr da.rnagc with a fmimciillly sound and reputable insurance company.sotisfaclory lo lhe Town and the County and clmlinuc to maintain such ii'1Slltancc until an Assumptk)n Byylaw has bc~n passed by the Town. The Owner •hall provide a Ce.t1iticule of ln.~urancc to the Town's Director of Finance evidencing the insurance Coverage requireQ. by the Owner and hereafter >mnually on tb.e insurance renewal date. · The issuance of such insurance policy 01· policies 51hall not be construed a.<~: relieving the Owm:r li"om responsibility JOr any other m· larger claims in excess of such policy or pnlicics, if any, fOl' whicb lhe Owner may be helU re"l'onsiblc. Sucll insurun"" policy or policies sh;all be in a form acceptable to the Town~s lmurer un.d~ w\lhout limiting the gcnemlily ol' lhe forcJljling,_ sball provide: (a) Comprehensive General Liability insur•n"" applying to all operations of lhe Owner subject to the limits ol' not less than five million dollars ($5,000,000J fm· any single occurrence which shaH l11cludc coverage for perMOrlal injury, including death, bmad lorm property dumuge, products and completed operations liability, ownel''' and con1ractor1s liability~ blanket contractual liability, contingent employer".') liability, employers liabilily, non·owncd automobile liability including SEF 94 and SB.F % und shalnnclude cross liability and severability orintorCst clauBes and hostile fire; (b) Where the descdption of project, supply, or work inw>lve• the usc of explosives lor blasting ur vibration :fl.-om pile driving or caisson work; the remoVal or weakening ()r supporl of such property. building or land~ whi:ther such. suppo1t be natund m otherwise, F.xplosion, Colla)>se .,,. Underground (XCT.l) cClveragc's must be addeo by :endorsement~ (c) The Town, Tillb'Ollburg Hydro Inc. and tbo County 'aball b~ adrled as additional insured's to the abov~ policies which shall be in full fmce and elTect until an Assomptionlly·law h"" been passed: · (d) ·Automobile Liability insurance covering third 11arty property dumage and bodily injury, including accident benefits as may be required by Applicable Laws al'ising out of a11y licensed vehicle operated by the Owner"fi contracto!''s or consullants i.n connection with this agrcemei'Il with an inclusive limit Of liability of two mnlion dollars ($2,000,000}; · (e) Should the wmk involve any proJesoional services for the design, construction, and maintenance· periods the 0Mter shall ensluc any person providing professional· services in co11nection with the !.andf'S~ including it:; 1)roH:!:ssional consultants, architects$ pJamurrs and Registered Pro!bs~iona1 Hnginee.rs, providt and maintain Professional Liubility insurance in the amottnt not less than five minion dollars ($5,01JIJ,OOO) providing coverage fur ac-1>;, errors and omissions arising !rom their professional service• perfom1ed under this Agreement. The policy SIR/deductible shall not exceed· $100,00() per claim and if the policy hus an aggregate limit, the amount ufthe aggregate shaii be double the required per claim limit. The policy shall be underwriUen by an insurer licensed lo Cotiduct business in Lhe Province of Ontario and acceptable to the Town and County. The Town andfur County reserves the right to request the Owner to provide the Town and/or County with evidence of such insursncc coverub"' whicli shall be in full ji)rce and cffoot until un Assumption By- law has been passed by the Tnwn. lftnc policy is to be cancelled or non-renewed !br any rea.cion~ 90 day notice orsai.d canccUation or non-renewal must be provided to 1he Town and County .. Tho Town and/or County re,.,ves the right to request thai "" Exrended--Rcporting· Endorsement--be-purchased-· by--the-·Owncr--at ·the :o.,Nller's ·sp)e. expense. (0 At the discrelio~ ol' the '!'own au.dlor County the Owner may be requi1·cd to purchase an llnviromnenfal Policy to cover iJ1jury to or physical damage 10 tangible property · including loss of use of tangible properly,. or the prevention, coulr<>l, rcpoir, cleanup Town ofTi:ll~mtburg Sub.division~·e.1m1ent Page30Qf44 ' or restoration or environmental impai1ment of Ja.uds, the atmosph~;:re rir any water course or body of waler on a sudde11 und accidental basis and. on .u gradual release. The policy ohall include bodily il\imy, including sickness, disea•-e, shock, mental unguish, and mental injury.· The policy is to be renewed for .three (3) years after the Assumption By-law has been passed hy the 'town und n Certificate of Insurance cvidem.fng renewal shall be filed with the Town and County. Tr the policy is to be crutccllcd or nun-renewed for any reason, 90 day notice of said cancellation or non- renewal must be provided to the Town tmd County. The Town and/or County has the right to reque.qt that an Extended ReporiiJlg Endorsement be purchas~ by the Owner at the Owner's sole expense: (g) Tbutthe in..urancc premium l(>r !he insurance required herein ha.• been prepaid fur a period of no\ less than one (1) year; (h) Thu!thc insurance policy will provide tlmt it is not cuncellablc unless prior notice by registered mail bas been received by the To"" and !he. County from the insurer not Ieos than thirty (30) days pri<>r lo the cancellation date; ·(i) All parties agree to immediately notify the other parties of any occurrence, incident, or event which may reasonahly he expected ta expo,., any ofthe parties to lilibility td' any kind in relation to the development of this Subdivision. 47. FENCING REQUIREMENTS The Owner hereby agrees to provide adequate fencing between the t-esidentiul properties. and all abutting envirotuncntally sem;mve lands to the eust and south adjacent to Blocks 76 & 77, on Schedule "B" to this AgTeement. The fimcing shall comply with !he recommendations ~,r the En.vironmental Impact Study prepared by Jeff ThompS<m llnviroruncmal Plunning aud IJesign Limited, dated NO)'ember 5, 2014. The Owner .hereby agrees to plant a row of ccdar-E! minimurn 1 metre tall at maximum metre centros at the rear of I ,ots 16-25 and Lll\S 63-72 of the -subdivision, water them and warranty them r,;, a two year period to tile satisfuction nf the Town. The Owner hereby agrees to pay the >'lim of $16,188.00 to the Town as a conlribution tl,wards the cost of the Town installing appropriate fencing on T ow.n pl'operty used by Tillsonburg Minor Soccer Club ot the rear of Lots 16-25 and Lots 63-72. and along the western boundary ofBiock 76. 48. :ENVIRONMENTAl, IMPACT STUDY IMPLllilfENTATION The Owner hereby agrees. in wri~ing to stlt~IY aU the reconunendations as outlined in SmmnaJ)' Recommendations of the EnvironmentaJ.Impact Study (dated November 5, 2014) prepared by Jeff Thompson Enviromnental Planning and Design Limited, and all 'rcco•wnenduti<1ns from the peer review of the EIS prepared by Natural Resource Solutions Inc., regarding: the restoration, COllStruction. design mitigation and moi:titoiing of tilC proposed development on matters relaling to the preservuliun of the adjacent 8ignHicant Valleyland aress to tl1e satisfaction of the Town and/or County. 49. DISCLOSURE REOUIREMENIS The Owner agrees to include the lbHowing disclosure in all fut1.1rc agreement!) of purchase. and sale: "The Tillsonburg Minor SoccCl' Club is •djaccnt to the Glendale West Community. The Purchasers acl<nowledge being. advised. thai the operations of tl1e •oeeer club include a l.lgllfud playmg held .,,a nOise ansmg frOm ·the ficl<ls of play, clul.ihousc and Jriigaliim system. Further, although the Tillsot~burg Mi11or Soccer Club is responsible to make ·eve.~y effort to cuntt~.iri soccer balls. [here is the possibHily ofintrusionofstf"ay soccer balls''. SO, IMI'LF.MENATJON SCH!i!DULE Town ufTill&a1\burg S1.1brlivision Agreement Page 31 of 44 11~ Owner hereby umlert.akcs to complete the work herein i11 accordance wltb. thc- timefi·umes set ont.ill Schedule "F" attached herelll. A voriancc to the timel'rames will only he aUowed if approved in writing by the Tow1i. Fail'ure to comply may result in the Owner . being ill defuull of this Agreement and the Town may remedy this pursum1t to the provisions provided in this Agreement. 51. NOTili'ICATIONS AND CHANGE OF OWN:I<:RSIIIP Any notice required to be given to the Owner, the Town, or the County under this Agreement •'hall he in writing ond shall he sufficiently given it' delivered or mailed postage prepaid to the addresses below. Such notice shall be deemed to buve been received on the date of it• delivery or in the case ofmailillg, 1:br<e {3) business days after it w .. delivered to the post o!llce. Town• s Address Tow~tClerk The Corporation Town ofTillsonburg 200 llTnadway St. Unit 204 Till&mb~rg, Ontario N4G5A7 County's Addr~ss County Clerk County or Ox ford 21 Reeve Sl. Woodstock, Ontario N4S7Y3' QVm.e1·'s Addre:-os Performance Commullilies Realty Inc. 1 Barrie Boulevard St. 11mmas~ Ontario N5P4H9 Should the Owner ••II all or portion nfthis Subdivision;alllenns and condition' agreed to in this Agreement ure 10 be transferred to lhc new owner~,). 11m '!'own f!Jld Counly will requkrt: the new o\vne1{s) to accept, in writing, the terms and conditions outlined in this Agreement. Lfthc acceptance of the terms and conditions of this Agreemcnt-fl'Om the new . owner(s} ;, not received by the dote of sole or transfer, the terms and conditions agreed to in tWs Agreen'l.ent shaH remain 1he responsibility oflhe prcviotlS <?WJier. 52, REGISTRATION OF PLAN AND AGREEMENT When !he Plan of Subdivi.~on has been opproved and siw1ed by the County and retumed for regist.-.tion, the Owner's lawyer shalllodb"' o mylar copy of the Plan of o'ubdivisi011 together witl1 twelve (12) prints a< registered with the Town Clerk and County Clerk' immediately after registration. · The Owner and Town herby "1.~•• that this Agreement and the Schedules hereto shall he rcgiste1'ed upon the title of the Land• and such registration shall be at the expen.o o!' the Owner. The 0\'1-'llBr acknowledges tha1 the Town, in addition to MY other remedy U may have at law, shall also be entitled to' enforce lhis Agreement in accordance with s.442 of the Municipal Act, 2001, S.O. 2001, c.25, as amended. The Owner hereby agrees that llpon reJ!istration of the Plan o I' Subdivision and this Agreement on title against the Lnnds thal ~mch. notice of l'egistrotiml shall be giwtl to the Town Clerk withill twenty-four (24) bouts, and that uatil the Town Clerk receives such notification of registration ol' the Plan of Subctivi•-ion and this Agreeme11t on title against the Lands !hat no lots or block• •hall be conveyed or mmtgagcd. lil the evenl it~Q 6wncr tlas not pracecdCd W!tl'i wOrt.: i-equlrcd by. this Agreefilent within ooro (l) year !rom tbc date of this· Agreement, or is Ji.>und to be ill breach of' the terms of this agreement. the Town at its sole discretion may d~clare this Agreement lo he null and void and the Owner •lmll he required to apply for • new agreement priOl' to proceeding with any work on the subjec! land•. 53. PAYMENT OF COST AND SERVICES Town ofrillsonburg Subdivision Agrc~;mcnl Pttgc32uf44 The Owner agrees to pay all reasonable costs ineurr<:d by the Town und the County in connection with the development ofthis Subdivision whioh, will)out limiting the generallty ol' the foregoing, shall include all expchses of tlte Town and County heretofore und hereinafter incurred for legal, engineering. smveying, planning and jnspcction services. ex.h'a JlleetingS~ if any, and employ~r.;' extra time. if any. and t!lhall pay such costs within thirty (30) days upon invoicing. A 11 omounts owing to the Town or the County b)• the Owner pursuunl In this Agreement shall, atler the cxpuy of the albresaid thirty (30) day period, bear interest at the prime rote charge by the Town's bank plus one and a quarter pcrecnt (1 '4. %), li-um the due date until paid. The Owner acknowled~"" thnt luilure to pay th.c aforesaid costs within thirty (30) days shall constin1te a default of the Owner'" obligation pm~uant to this Agreement and shull entitle the Town to, if it. so choose• at its sole option, draw upon tbe security for uny •mounts outstanding beyond the thirty (30) day period. 54 .. ARBlTRA'i'ION OF DISPUTES It is contemplated tbat there is toqm for differences between ihe Owner and the Town and/or the County in respect to the quality of Workmanship involved in the work to be done and that is~Jue:> may occur which im::rea~e the Town and/or the-County's costs and expel1ses which are m.lt properly tlle responsibilily of the Owner in lhe construction. meaning O!.' effect of this Agreement or related agreen1ents made between the parties. These and aU other differences between the pat1ies urising oui of this contract shall he r<:fcrrcd to a single a.rbitmtor, if t~ parEitm agree upon one~ olherwisc to three arbitrators, one to be appointed by each party tc the reference and a tl1ird arbilratcr to be appointed by the first named . Ul'bitralor itt writing before they enter UpOn the. bufiineSS .of 1hc refererice; ami f r either patty sbull reiU..., or neglect to appoint an arbitrator within live (5) days after the otl•er party shall have Appointed an arbitrator and shaH have served n wrii.ten notice upon the first tJlenHon.ed party requiring such party to make such appointment, thefi the arbitratcr fust uppointed shall, at the request of the party appointing him prooeed t<> hear and determine the matters in difference as il"he were a single urhitrator appointed by.bnlb parties for the purpose. and \he award or determination which shwl be made by the suid arbitrators or the majority .,r them or by said arbitrator, shall be fiwd and binding upon the parties hereto, theil· · successors and assigus. 55. ENCUMBRANCER'S CONSENT The Owner covenant. that within len (10) business days of the execution of this Agt"eemenL it shaH either cause every perSon having an t~nCLkmhrancc or charge uffecting the .Lands to join in lhe cxccutirut of thi.Cli Agreement, OI to execute a Postponement Agreement postpoirlng !:OUCh interest in favour <lf the Town's and County's interest pursuant Lo this Agreement 'and to provide duplicute registered coPies or ~uch postponement agreemenls to the Town Solicitor and Town Clerk and County Clerk. 56. REVISIONS TO THIS AGREEMF.NT Upou wrillen notification to all parties, the Town, I he County, or the Owner have the right to request revisions to this Abrr~ement provided that tht:: Agreen1cnt has been in etlf:cl for a. · minimum or five {5) yeat·s. 57. SlffiSEOlJENT PAR11ESANDGENDER _ This Agreement shall enure to the benelil or and be binding upon the parties hcrctc and th~;:ir respective heirs. ex~cutors, administrators~ successors and pe1miUe<i assigns~ and all covenants and agreements herein contained, assumed by, or imposed upon lhf:! Owner are deemed to be covenants which run with. and bind the Lands hcrci11 desorib..U a~d every part thereaf·and, ·if th.Gw afe menr.G"'I't~UFl" th.·ur one. an covenants berem--cootaiDeU. shall be constl·ued Lo he several as wel1 us: joint, and wherever llle singular or masculine. is used) it sba~ be coflstrued as if the plura] ur the feminine or th~: ne11ter, ·as the cese may be, had boon. used where lhe context of the Purly or the Parties hen;:b.1 ~o require, and the rest of the sentence shaH be r;o11struod as if the grammatical and temJ;inological changes. t11ereby rendered necessary had been made. · 58. INTERPRETATION T1•wn ufTillso.nburg Subdivis:ion A:~.,...e~menl Page 33 of44 All t:.uptions, titles, and paragrcl}lh headings in this ~rreeme:nt ~uc.1nscrtcd for convenience and ease or reference only and do not define, Jimit or e:nlargt: the scope:~ mcanlng or intent of any provision• or this Agrooncnt. 59. l'IUOR AGREli!MENTS The patties hereto agree l1'1al this Agt.U.mcnt is furUH:lr In and docs not replace or revoke any prior agreements. · 60. A!JTHORITIES Nothing in this Agreement constitute• • waiver of the obligation of the Owner lo comply with the Zoning By-law ofthe Town, Ontario Building Code or any other By-low• ufihe 'fowu or Counly~ or any restrictions nr regulations lawfully. imposed by any other aut!lorities having jurisdiction in cmme~tiun therewith. 61. FURTIIER MSimANCES The Owner agrees that it shall cmd will, on the request or lhe Tnwn, make. do~ exc:cllte or c~mse t() be n1adc~ done or exec~led all such further and olher deeds, acts, things and assmonces lo ensure the full implementation of this Agreement .nd to satisfY the intention oftbe parties as set out in this Agreement 1'own ofTillsonbuig Subdivision 1\gruumtnl Plli!:C 34uf44 IN WITNESS WHERE!W the parties heJ'eto huve executed thls Av~ement SIGNED,SEALEJJANDDELIVEREDthis &Jnlk day of t\11 ~\lSi )OWNER jj; ) - ) PRESIDENT: W I iam R. Hayhoe ) 1 have authority to bind the Corporation ) ) Tlffi CORPO ) ) /) -l cfillt~im;;~ Wilson ) )THEC ) } )---+.:~ )CAO:P ) ) ) ) -.. ,2015A.D. · .. :; \ '· ) DIRECTOR OF CO MUNITY AND STRATEGIC Pl .ANNING: Gordon K. Hough, MCIP, RPP ·.:..:. : -~ SCHEDUI;F. "A" To1Vlla.fTillsonburg Subdivi$ion Agreement Page 35 of 44 Dc•c••iptiou of Lands being Subdivided All and singular certain pan::els or tracts of1and and premises~ situate~ lying and being in the TtJVII'Il of Tillsonbl.u·g, Cmmty of Oxford, Pmvince of Ontario~ being Part J .ot 8 Concession t l Dcrcham, desib~!aletl a• Part l Plan 41R9144 and Part• I & 2, l'lan 41R9143, Subject lo an easement as in 452116; Subject to an easement"' in 459649; Town of Tillsonburg, County of Ox lord. Land Titles PJN: 00025-1016 SCHEDlJUli "8" Pion of SnbdiviBion Tow11 ofTillsonburg. Subdivision Agreement Pago36of44 111e Plilll of Subdivision SB 14-1!3-7 as prepared by Cyril J. DemeyeJX TAmi!ed & Kim Husted Surveying, duted December I" 2014 •• appmved by the Com1ty of Ox lord dated JanWlry 2R11', 2Ul5 .. Tuwn ufTillsohhurg Subdivision Agreement P.o.gc37of44 SCUEDULE "C" Engintc,.ing Dc!liign Drawings The following •chcdulo of plans shall be submitted to the Town in paper and electronic copy prior t<i !l1e execution of this Alll~elnent tor upprov•l and it •hall he the responsibility of 1be Owner to ern;ure complete compliance of all matters related to their implen1Cnlalion: Drawing No. --i -Cover Shoot and Gen ·- De•ctiption era) Plan of Ser"vi'oe• 2 Grad' Plan wf Sedi 1nenLControl Measures North Half ment Control Measures South Ilulf --·-· 3 Grading Pion "wi Sedi f------'04,-. -~Gf;,.,dale Drive -· 5 Rasl Le of McGuire Crescent --·-st Leg_ofMc(}uire Crescent Revision Date No. 5 23 Apr_2_01S 5 23Apr2015 5 23 Apr2015 4 23 Apr2015 I 4 23 Apr 2015 4 23 Apr 2015 Purk Access 4 23Apr_~~ "5 23 Apr2015 · 6_~N~a=n~c~C~'7ou~rt~an~d~W~c 1 Watc1maln in So~er g Stonn Pond -1----_,;;9-~1-Ex. Pond and Culvert Cmssing Section~ and Detail~ _ _1 0 Misccllanoo11S Detail s Se~rs and Waterrm3.in 11 Misccll!t!leous Detoii Notes s Sewers, Roadwork and General 12 m &: Area• Pre & Post- stem&Art:as Stnnn Drainage Syste f----,,.-----t-pevolopnlent 13 S~nilaty Drainage Sy !4--LandscapingPla_n/Po m.i Decommissioning Plan - 5 23 Apr2015 ---4 ·---· 23 Apr2015 4 23 Apr201S 5 23 Apr211JS 4 ___ ---23 Apr2015 0 23 Apr 2015 _, TOWN OF TIU.SONIBURG SU1;101\fi:SIOI'l SI::CJJRJ'i'Y ES'nMATE-APTER ll'R5-~R.'VICII'IG Subd.M!!;Ion.: Qlendale w.u~vl!lro11 SuL11!!Nitkm ~rlormance CammunHioo In!:. COII&Uitl!lnt; Cjtti! .1. D~(l:fi'lr-& UMitecL Rau!;ll Gfalfin!il 2: ~n & Sli!dlr.:~;~ni:CQntrol 3 'I' Sanitary Sewar.o &. PCC'::I 4 ConC'!O!t$ 0!..1\Mrt ~r.slc.n 5 T Starmwater M~n3~Jemeflt Fii!cility (OYI!let I';J;II'J~I strv:duras Etc., B 'I' S.WM Granul:iJr Access Lane 7 + Sb:lrm ISe'ser.s & PDC'a 8 t Wsr.eriT'Iil!llrE .S ~Ci!S 9 T E:a:avllii!Qn and Grading ROW 1 0 "' Granular 'G' 11 + Gt1!t11,118t'A.' 12 A. Curb & G\ltter 13 P I 14P 1H 16 ~~;§:]£; 17 ,. 10 ,. 21 , , 24 t a-act on 291 CcnmueiJonlJri.thtarground SBL'Io'lclng 'fender A. Based on Autafoml's qucl.!rtlon. P bed "" PEKmanent Paving Asp"hel Terni'DI' • """"' . ~""' 151,099 >2,4t<) 00,631 7,.., ~;4,1e,!l 1!)4,~ 17,100 ....... CJDL aQ,O!!Q "'"' 151,Q69 22.400 00.1551 7~90 ~1-4.188 194,35< 17,100 S9,640 4B,8XI 54,342 95,700 4,800 10% 10% 101\ 10% 10% 10% 10% , ... ""' ""' ""' 10% 20% 10% ""' "'" 10% 10" 10% 10% '"* "" "" 10% "" l)plt PI"I"Q:Is hsW bean lnci"Eia~ by 'loS% ~ to I:IOfMCI"<~IInflal~n fDrWOrk lmli1Sj 11el;pyecii)IIJ& S'fg "itlr'lll'"lgiP.eerin" supBrYisian 30-J[j-15 ""' A. G. 1¥11L!DI!.,O-!lrll""~ P.II.BIII<IEq,~llRI:adl'.ll\l' JIRI.,~Qf&.llntlrlm IIJIIGoUIB TII:5H-IIII-WIQ HG&oi111Zo9!3l I'QII;~H-~ o;IIIIJI~hklbtl 15,107 2.240 9,065 ,.. ~1,419 19,43:5 1;7'10 B,!ila4 ..... 5.434 18,759 ""' Tt1wn nfTiU~Oilbutg Subdivision Agrcc-tnc.ru Page 39 L')f44 SCHEDULE "E" Summary of All Cn•h CliDrge• The following monies are to be deposited with the Tnwn prior to or at the time of execution of Ibis Agreement. 1. Taxes in Arrears The amount shown abnvo is the taxes in arrears for the Lands subject Ill lhe Subdivision development. 2. Fencing Contribution ou Town-owned Lund• $ 16,188.00 Tho amount sh.own above is the contribution t.uward:'i the construction of fencing on Town· owned luruls used by the Tillsonburg Minor Soccer Cl11b. 3. Performance Sccu•·ity $ 438,377.00 The mnounl shown above as determined by Schedule ~~D" hereto is tht: luial peri(Jmlance sccul'ity l"equired tt~ covt:r the faithful performance of the· conZ~truction a.nd inst.a.llaliOl't of the Works and· Service• and. the payment and p(ovision of all obligations arisi•g out' or !hi< Agreement. ·· 4. Maintcnnnce Security $ 122,226.0.0 Tl1e amounl shown above as detennined by ~chedule "D" h.crcto is the total mnintenunce security required to cover the faithful repair and maintenance of. :aU Works and Services constructed a•d installed. · 5. Cosh-in-Lieu of Parkland $15,000.00 The amotmt shown above as ;, the cash-in-licu of parkland dedication as determined in the sole opinion of the Town. 6. Coimection Charges $44,640.00 The: connection chargc3 reprel!ient the Owner's obligation to reimburse the Town for the existing water and sanitary services 1'resent on the su~jccf lands previousty constrncted by the Town. 7. Oiher Charges s 1,130.00 :a) Pursuant to lhi:!l Agrccm.ent, the amount shown above is to cover tile il)itial legalJ adrn.iuistrative, anQ engineering se1-vices inc.:urred by the 'J'own and is non-refU.nda~1e. b) Development Charges or other upplicohlc charges shall be paid by the applicant at the· time of application for Buildi11g Pennit in accordance with the provjsions of tllis Abrreemt:ml. c) Demolition Pe1n1i!s and Building Permits simi! be paid by the applicant at the time of ·appHcat1on. d) Cost of Cash in Lieu o!'Parkland Appl'8isal. ,Sub-'!'otal Cash Charges Less Cash Charges Provided TOTAL CJ\.SH CHARGES (Due at tmu: ol Agreement ~xecuti:on) $ 637,561.00 $71,232.110 $ 566,329.00 To0wn t.~fTW!umhurg Suhdi !JisicJJI Agreement l,agc: 40 of 44 SLTIEDI!IJi: nF" Implementation Schedule I. Undcrgrouud Services-Sanitary & SlllllYI Se\:Vcrs, \Vater main 2. S!orn1 Water Management Pond . 3. Road Constmctiml-including Curb•, Granular A&l3, Base Lift Asphalt 4. Utility Servicing-Hydro, Ga.•, Telephone, Cable TV 5. SidcWlllks · 6. Street Ughling 7. Boulevard Rt:}llOration -·including topsoil and~od 8. Top Lift Asphult Completion Date Month/Year · July/2015 Augu•t/2015 July/2015 Augusl/20 l.'i Tnstulled after l1orne is built Augllsll201 S July/2015 August/20 18 Town orTill.~onburg Subdtvision Agreement Pagc41of44 l ,and• and Easements to be cnnwycd to the Town and/or County 8. Easement• for Municipal Service< and Drainage Purposes Tho Owner shall grant at its e<pen•e and in favour of the Town and/or County the following easements for Mw:Licipnl Services and Drainage purposes; Common rear yard· drainage swale easements~ o: minimum of 3.0 m wide~ along the rear lot lines of Lots 16 to 32, Lots 42 to 49 and Lots 62 to 72 as shown on the Engineering Do•i gn Drawings in Sehcdulo "C" ofthis Agreement, and; Storm sewer easements a 1ni11immn ut' 3.0 m witle along ~he interior lollines of T.ots 19, 20, 43, 44,. 65~ and 66 as shown on the Engineering DesibJTI Drawings in Schedule "C" of this Agreement, and; Municipal servicing casements along tlw inte.!"ior lot lines of Lots 25, 59, 60, nnd 72, ond in the front yard of Lots 41, 42, and 43 as slwwn on the Engineering lJcsign Dl'awings in Schedule ~~c .. uf this Agreement.~ and; Mmlicipru water service ea.'lement 3.0 m wide along the nmthem limit of Block 73,and; Municipal water service casement 3.0 m wide ~:dong the northem limit nfLo159, and; Block 74 for an F.n1ergency and Pcdcstrifln Access :and Servicing Corridor as shown in Sched~le "B" of this Agrccnicnt. 9. Public Highways The streets lo be con.•truetcd in this development shall be conveyed and dedicated to tho TO\m of Tilloonburg li:lr public highway purpooeo .t no oosl to tl1c Town and free of all Hens and encumbrances. 10. Road Widening The Owner sholl convey Block 7R .11-79 as shown in Schedule "B" ol"this Agreement to the Town for the p1upose of road widening. 11. Stormwatcr Management Facilities 111e Owner oh•ll. construct the stormwater managemenl.lb.cllity for the Plan of Subdivision on mocks 75, 76, & 77 as shown in Schedule "B" of !nis Agreement and shall convey ond tmnsfur Blocks 75, 76, & 77 as shown in Schedule "B" oflhi• Agreement to the Town. 12. Parkland The Owner •nall cnnvey and tranafer the omounl nut!ined in Schedule "E" of. this Agreement to the Tnwn a~Cash-in-licu ofparklund .. SCiffiDULE "H" Town ofTiUsonburg Subd~vi8io11 Agreement Page42 of44 C•lndition• of Dun Plan Approval The following is • copy of the conditions inc! ~ued in the Town and Cmmty Council resolution granting draft approval of the Plan of" Subdivision: CONDITIONS OJ<' DRAFT APPROVAl,-SB J 4-03· 7 -14218811 ONT ARlO INC. I, This approval applic~ to the draft plan of subdivision, submi\led by Perl<n:nuince Communities Realty Inc. (Jfilc Sl3 14-03-7) ·as prepared by Cyril J. DellleyeL-e Limited (duled December 1, 2014) and Kim Husted Surveying, as shown on Plate 5 of Schedule "A" to Rept>rt Nn. 21H5-27, comprised of land dcsctibcd as Prut I, Reference Plan 41R-6637 and Part 4, Reference .Plan 4lR·6678, being Part Lot ~. Concession 11, (Dereham), in the Town or Tillstmhurg, and •howing 72 lots for single detached dwellings, u block for a pluce of wm~hip,' two road widening blocks, a municipal service block, and tlu·ee blocks for stol'mwater management purp(ls~s~ all served by 3 (three) new local.slreets. 2. The O\mer agrees in writing to satisfy all requirements. firumdu) and otherwise, of tlte Town· or Tillsonburg and County of Oxford regarding the conslru(.;liun of muds. instaJialion 01" >'erviceo, including lite watet·, SeWer, electrical distlibution systems, sidewalks und d~d.lnuge facilities, payment for the existing watermai.n and sewer SC!Vices~ m1.d o1her matters pertaining to the. development of the sub(Uvision in accordance with the stundurds or the Town of Tillsonlmrg aod County of Oxford. 3, Prior to finalappl'Oval by the County, s~ch easements as may bcrequiJ:ed for utility or drainage purp_oscs shall be granted lo L11e appropriate authority. 4. The subdivision agreement shall be registered to tho •ati•laclinn a!' lhe Town of · Tillsonburg agai~•f the title of the lands to which it applies. 5. "11tc l'Oad allowances included in the draft plan of subdivision shall be .dedicaled "" public highwnys .. . G. The streets included in the drnft plan shall be 11amed to the satisfaction oftb.c Town of Tillsonburg. 7. Prior to the final approval by tho C.ounty, all lots/blocks shall conf<>rm to the zoning requiromenl• or the Town of Tillsonburg Zoning Ry-1 .aw. Ccrtitication of lot areas, lot fi"Oittages, and Jut depths shall ·be obtained fium un Oniario Land Surveyor retained by the developer. 8. PriOr to final approval. the owner agree~ in writing to satisfy all the reconunendatioms ln Summary Rccommendntio'ns ·ofllre Rnvironmc·ntal.Lt;npact Stu.dy (dated Novembc;:r 5, 2014) prepared by Jeff Thompson Rnvironmental Planning and Design Limited., and all recommendations from the peer r~view of the EIS prcpat'Cd by Natural Resource So]ution:tS Tnc.~ regarding the restoration~ ~ConsLiuclion, deRign mitigation and monitoring of the pmposed development on matters relating to tl1e prese,·vation of the adjacent Signific.ont Valleylund area.' to the satisfaction of the County of Oxford and the Town ofTillsonburg. 9. The 8Ubdivision ag~-eement. shulJ con lain a provis,on. that adequnte f~1ciug be provided between the plan of subdivi•ion und all abutting environmental sensitive lands to eost'und •'>uth adjacent to mock 76 & 77. lO.l'rior to the final approval by the County, the owner shall,·oceive confirmation from the County of Ox lbl ~ bepat hncnt of !lublic ·vv~lks that tlleJ e is suftlcioJit capacity in ;he Town of Tillsonburg water system and Town of'Tillsonburg •ewagc •ystcm to service the plan of subdh.•h.;i,)n. Confirmation shall be given in accordance with the "Protocol for Allocation of Water and Sewage Capacity for Development". • Town ofTillsonbmg Subdivision Agreement P!lf\e4l of44 11. Tlte owner ugrees in writing to satisfy aH the requirement~ financial and otherwise~ ·including payment ol' applicable development charges, of. the County of Oxford regarding the insta\lation uf the \wlcr di~lrihution syslem and sewer systen1, and other mattcr.s pertaining to tbe development of_the s:ubdivft~ion. 12. The subdivision i!greement •nan make provi•ion for the as•umption and operation, by the Cmmty of Oxford, of the water distribution system and sewage system .within the dra~ plan, Mhject to the approval of the County of Oxford Department of Public Works. 13. The subdivision agrecrncnt shall make pr!,vision for phasing of the subdivision to tile satisfaction of the Town ol"Till•onburg and !he County of Oxford. 14. Priorlo the .•igningofthc final plan by the County of Oxford, a road widening having un area ofO.l2 ha adjacent to Quarter Town Line shall be dedicated to the Town of Tillsonburg, free of all costs and encumbrances. IS. The subdivisimt agreemenlsnnll contain provisions requiring that !Ito l.64 ha (4.05 ac) stormvvater manugement block ami acc.ess bl,)ck on the cast side of the dratl plan) as shown on the draft plan of suMivision a• Block• ?5, ?6 & 77, shall be dedicated to tltc Town ofTillsonburg, free or an costs and oneumbranccs, to the satisfaction of the Town ofTillsmtburg. 16. The subdivision agreement s1u•11 contain provi~ions indicating that p-rior to final approval by the County a final storm water management report, including a planting ~ plun7 a-grading plan and an erosion and siltation conlnJi plan, and :saU management plan, to be prepared and Sllbmitted by the uwner for lhe review and approval by the Town nfTillsonburg and the Long Point Regio11 Conservation Authority, and further, the SUbdivisit.m a.grecmcnt :dudl include provif:;ions fbT n11: Owner to Cart)' mtt, Of cause to be carried out, any ncce"ary works in accordance witb tho approved plans and reports. 17. The SLlhdivision agreement shall im.::1ude provisions that require the owner to establish ~itlt:!walks alo"ng the-south si~e of Glenda I~: Drive, and the south, cast, and west side of Crescent "A" to Block 74, at no cost to tile Town of Tillsonburg and to the satisfaction of the Tnwn ofTillsonburg. I~-The subdivision Ob'Teenl<:nl shall include disclosure provisions relating In light trespass, noise luis1ng li-o-111 lhe f1elds of play. clubhouse and inigalim1 :sysiem., tltc possible intrusion of •tray .ocecr balls ftom the acijacent Tillson burg Minor Soccer Club, and pmvisions that require the owner to inch1de in any agreement of p1.1reha"ie and sale shall be included in the subdivision agreement. 19. Prior to Jimt1 u.pp~val. the ovme1· agrees in writing to constmct a wooden privacy fence. 1.8 m in height, ~long the rear lot line:J or a,ny residential lots. that arc adjacent to the Tillsonburg Minor Soccer Club, to the satisfaction ul"tl1e Town ofTill•onburg. .io. Prior to fmal appl"Oval, the owner agrees in writing to sutisfy all the requirements of the Tillsonburg Hydro Inc. regarding the installatiol! of the electrical distribution •yslenl and any other matters pertaining tnlhe development oftliC subdivioion. 21. P1ior to Jinal approval, the owner shall pruvide a payment for 5% cosh-in-lieu of parkland to· the Town of Tillsonbnrg iu accordUiwe with the provisions of the ' Planning Act, R.S.O. 199G, as amended, and the ToWJ1 is l1erehy Ei.utnori""d lo do so. 22. Prlor to final approval~ lhc owner ag1-ees in writing to sati:!:ll'y all requirements of Union Gas Limited regarding ncccssal'y easements_. and/or agreement& for the provision of gas.sei"VIcts and any other maucrs pertahring tu the develo]JnLent lil' tire subdivision. 23. Prior to {inal approval~·thc owner agrees 1n \\'Tiling to satisfy the requirements of CoMda Po•! Corporation with respect w advising prospective purchnsers of the • Town ofTills:onb•urg S\lbdivision Agreement Page44 uf44 method of mail delivery, tho lno•lion of ten>porary Centralized Mail Box locations during construction and, the provision of publk 1nrom1ation regarding the pr(Jpmred locations of permanent Centralized Mail Box lo-cations. 24. Prior to the approval olthe final plan by the Comity of Oxford, tlie owner shall satisfy Condition Number 9 to the salisfaetitln of the County of O><ford aod the Town of Tillsonbt]rg. · 2S. PriOT lo. the approval of the fin:at plan by the County of Oxford, the owner shall provide to lhe County clearance fimn the Tillsonburg Hydro Inc. that Condition Number 20 has been mel to their satisfaction. The clearance letter shall include a brief statement detailing how the condition hus be~n salisf'ied_ 26. Prior to the approval of the llnal plan by the County of Oxford, the owner shall provide tc the County clearance from Ullion Ga• Limiled !hal Conditiou Number 22 has been met to thcit· sothuaotion. The clenrance letter shall include " brief >1atement deluiling how the condition has been satisfied. 27. Prior to the Up]JrOval or the iinal plan by the County of Oxford, the ownor shall provide to the County clearance from the Long Point Region Conservation Authority that Conditi011 Number 16 have been met to thclr satisfaction. lhc clearance lcttct· shall include a brier statement delailing how the condition has been satisfied. 2M. Prior to the approvol of the final plan by the County of Oxford, the owner olmll provide clearance to the County li"om Canada Post Corporation that Condition Number 23.has been met to their •utisfaclion. The clearance letter shall include a brief stalenwnt dctailinl', how the cm1diLion ha• been satisfied. 29. Prior to the approval of the fmal plan by the County of Oxford, the owner shall provide clearance to the County from the Town o I" Tillsnnhurg that Condition> I, 2, 3, · 4, 5, 6, 7, 8, 9; 13, 14, 15, 16, 17, 18, 19, 2111uve been mel to their satisfaction:.Thc clearam:e 1eUer shall include a bl'ief statement fbr t!Uch condition detailing how each has been satislied. 30. Prior to tho apprnval ofthe final plan hy the County of Oxford, the owner •hall """"'" clearance from the County ofOxlbrd Public Works Dcpwtment.that Condition• 2, 10, 11 i 12, and 13 have been met to lheir sa.tisfuction. The clearance letter shall include a brief statement for each condition dolailing how each has been satisfied. 31. Tim plan o I" subdivision shall be •~gi>iered by January 28, 20 I~. after which time this · draft appmval shall lap•• un\oss an extenSion is lluthori~ed by the County of Oxford.