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3961 Schedule A - Pre-servicing agreeemnt between the Town of Tillsonburg and Tillsonburg Developments Inc. -~ LRO # 41 Application (General) Receipted as C0142747 on 2016 0119 at 08:52 The app/icant(s) hereby applies to the Land Registrar. YYYY mm dd Page 1 of 16 !Properties PIN 00025 -0582 L T Description LOT 71, PLAN 41M182, TILLSON BURG. Address TILLSONBURG PIN 00025 -1049 L T Description LT 80 PL 41M182, EXCEPT PTS 32-35 41R7764, EXCEPT PTS 16-20, 157 & 158 41R8228, EXCEPT PTS 1-40 & PTS 94-102 41R9134; TOGETHER WITH AN EASEMENT OVER PART LOT 80 PLAN 41M182, PART 94 41R9134 AS IN C0129042; TOWN OF TILLSON BURG Address TILLSONBURG PIN 00025 -1008 L T Description LOT 70 PL 41M182 S & E PTS 124-155 & 190-201 41R8228; TOGETHER WITH AN EASEMENT OVER PT LT 70 PL 41M182, PT 155 41R8228 AS IN C0107602; TOWN OF TILLSONBURG Address TILLSONBURG I Applicant(s) Name TILLSON BURG DEVELOPMENTS INC. Address for Service 80 Brock Sl E. P.O. Box 158 Tillsonburg, ON N4G4H5 I, DOMINIC A. BRADLEY, SALES AND MARKETING DIRECTOR, 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 THE CORPORATION OF THE TOWN OF TILLSONBURG 200 Broadway, Unit 204 Tillsonburg, ON N4G 5A7 Capacity I, Stephen Molnar, Mayor and Donna Wilson, Clerk, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. Name Address for Service THE COUNTY OF OXFORD 21 Reeve Street Woodstock, ON N4S 7Y3 Share I, Gordon R. Hough, Director of Community and Strategic Planning, and Peter M. Crockett, CAO, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. I Statements Schedule: See Schedules -I LRO # 41 Application (General) The applicant(s) hereby applies to the Land Registrar. I Signed By David Bradley Bennett Tel 519-842-3658 Fax 519-842-5001 36 Broadway, Box 5 Tillsonburg N4G 4H3 Receipted as C0142747 on 2016 01 19 at 08:52 yyyy mm dd Page 2 of 16 acting for Applicant(s) Signed 2016 0115 I have the authority lo sign and register the document on behalf of the Applicant(s). I Submitted By GIBSON BENNETI GROOM & SZORENYI Tel 519-842-3658 Fax 519-842-5001 36 Broadway, Box 5 Tillson burg N4G 4H3 2016 01 19 LIF_e_e_s_ITi_a_x_e_~_P_a_y_m __ en_t ________________________________________________________________ ~l Statutory Registration Fee $62.85 Total Paid $62.85 I File Number Applicant Client File Number: B10-303 ~--------~ Baldwin Place Phase 9B Town ofTillsonburg Subdivision Pre-Servicing Agreement Page I of 14 BALD~PLACEPHASE9B SUBDMSON PRE-SERVICING AGREEMENT THIS AGREEMENT made the IOf'i. day of N'Oifttvl. \:,u , 2015. BETWEEN: Tillson burg Developments fuc. (hereinafter called the "Owner") -and- OF THE FIRST PART THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter called the "Town") -and- THE COUNTY OF OXFORD (hereinafter called the "County") OF THE SECOND PART OF THE THIRD PART WHEREAS the Owner . represents that it is the registered owner of the lands described in Schedule "A" attached hereto (the "Lands") and proposes to subdivide the Lands by means of an application for exemption to Part Lot Control; AND WHEREAS the lands are a registered plan of subdivision; AND WHEREAS the Owner shall be required to enter into a subdivision agreement VJith the Town and the County prior to construction of the works; AND WHEREAS it is the desire of the parties that the Owner be permitted to pre-service the Lands and to complete entrance work provided certain conditions are met and certain securities are provided by the Owner; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the Town and the County approving -the said proposed Plan of Subdivision and the covenants hereinafter expressed, the parties hereto covenant, promise and agree VJith each other as follows: 1. The Town and the Owner agree that the above recitals are true and incor}>orate same as terms of this Agreement. 2. The terms defined in this section 2 shall have the folloVJing meanings uoless the context expressly or by necessary implication otherVJise requires: (a) "Agreement" means this agreement titled "Town ofTillsonburg Subdivision Pre- Servicing Agreement" incluiling each of the Schedules attached hereto; (b) "Construction Lien Acf' means the Construction Lien Act, R.S.O. 1990, c. 9.30, as amended; (c) "Consulting Engineer'' means a licensed professional engineer who carries cunent Professional Liability Insurance and holds a cunent Certificate of Authorization Baldwin Place Phase 9B Town ofTillsonburg Sobdivision Pre-Servicing Agreement Page2ofl4 issued by the Association of Professional Engineers of the Province of Ontario or is employed by a partnership or corporation authorized by the Association of Professional Engineers of Ontario to offer professional engineering services to the public; · (d) "Council" shall mean the Council of the ·Corporation of the Town of Tillson burg; (e) "County'' shall mean the County of Oxford, including its successors and assigns or the geographic area as the context requires; (f) "Land" or "Lands" means the real property which is the subject of the Plan, the legal description of which is described in Schedule "A" attached to this Agreement; (g) "Owner" means coilectively the registered owner or owners in fee simple of the Lands, its/his/her/their heirs, executors, administiators, successors and assigns and agents thereof or contractors or subcontractors carrying out works for or on behalf of the Owner. (h) ''Town" means the Corporation of the Town of Tillsonburg, including its successors and assigns or the geographic area as the context requires. 3. It is understood and agreed that the following Schedules are attached hereto and form part of this Agreement: (a) Schedule "A"-Description of the Lands; (b) Schedule ''B"-List of Engineering Design Drawings; and (c) Schedule "C"-Restoration Cost Estimate 4. The parties hereto agree that the Owner shall be entitled to proceed to excavate material, process and stockpile fill, import fill, pre-grade and install services including a water distribution system; sanitary sewer collection syatem, stormwater collection system, stormwater management facilities, electrical distribution system, streetlight system, gas and telecommunication utilities, grading of the road allowance to its full width with full depth Granular 'B' and Granular 'A', curb and gutter, and base course asphalt within the boundaries of the Lands (all of which collectively will be referred to as ~e "Pre- Servicing Works"), subject to the terms of this Agreement. 5. In consideration thereof, the Owner acknowledges, covenants and agrees as follows: (a) that the sole purpose of this Agreement is to substantially negate the effect of the Owner being required to post the required performance security insofar as the Pre- Servicing Works are concerned and specifically acknowledges and agrees to enter into a Subdivision Agreement with the Town and County. It is recognized that until the same is executed and all other provisions thereof complied with that the Town is under no obligation to issue any Building Pennit or Occupancy Pennit relative the Lands; (b) the installation of the Pre-Servicing Works and all activity related thereto shall be entirely at the risk, expense and cost of the Owner without any' claim or recourse whatsoever against the Town or the County by virtue of the OWner undertaking the Pre-Servicing Works prior to formal approval and registration of any plan or plans of subdivision for the Lands; (c) the Pre-Servicing Works shall be carried out and installed in accordance with the engineering design drawings contained in Schedule ''B" attached hereto, which documents will be; from time to time, amended an&updated·to the satisfaction of the Town and/or County; (d) the Pre-Servicing Works shall be installed in a good and workmanlike manner to the satisfaction of the Town and/or County and in accordance with its standards, it being acknowledged that it is the sole responsibility of the Owner to ensure that ---····-- --~ Baldwin Place Phase 9B Town ofTillsonburg Subdivision Pre-Servicing Agreement Page 3 ofl4 the Pre-Servicing Works are installed to a. standard that will permit formal acceptance by the Town and/or County prior to the registration of any plan or plans of subdivision for the Lands; (e) the Owner acknowledges and agrees that engineering design drawings and specifications for the Pre-Servicing Works to be installed by the Owner on the Lands, as submitted to the Town and County in accordance with the terms of this Agreement, may require further amendment as a result of requirements imposed by the Town and/or the County under the terms of the Subdivision Agreement to be entered into for the Lands. The Owner covenants and agrees to assume all risk and responsibility for the cost of required revisions to the engineering design drawings and specifications for the Pre-Servicing Works, together with the costs of modifying, reconstructing, removing and/or replacing the Pre-Servicing Works installed by the Owner pursuant to the terms of this Agreement, in order to satisfy the requirements finally imposed by the Town and/or the County at the time that the Subdivision Agreement is finalized; (f)· all access to the Lands for the purposes of undertaking work contemplated in this Agreement s\lall occur via the general location set out in the plans attached hereto as Schedule "B" and as approved by the Town and/or the County. No other QJ:Cess point may be used without amendment to this Agreement. The Owner shall be responsible for obtaining all necessary approvals for such entrance and satisfying the requirements of the Town and the County concerning such access; (g) prior to the initiation of construction within the Lands, the Owner shall provide construction access to the Lands including all necessary signage temporary or otherwise to the satisfaction of the Town. Construction oocess to the Lands shall be as authorized in writing by the Town and/or the County; and (h) no action of the Town and/or County, by way of repairs, maintenance, use of or connection to the Pre-Servicing Works or any other use or l!l:tion shall be construed as any form of ooceptance by the Town and/or County of the Pre- Servicing Works and no ownership shall vest with the Town and/or County until formal assumption by the Town by by-law. 6. The Owner further covenants and agrees that prior to executing tbis Agreement for the Pre-Servicing Works, the Owner shall have: (a) appointed a qualified Consulting Engineer who shall be responsible fur the design, construction, installation, supervision and certification of the Pre- Servicing Works and whose professional engineering services shall include, but not be limited to, the following: i. preparing, certifying and providing to the Town and County all-necessary engineering design drawings; ii. obtaining all necessary agency approvals; iii. providing contract administration including construction supervision as necessary to ensure the works are installed to the standards of the Town and/or County; iv. maintaining all records of construction and providing "as constructed" data in a form satisfactory to the Town and/or the County; v. providing certificates for progress payments and certificates for substantial performance under the Construction Lien Act; and, vi. providing copies of the construction scheduling to the Town and co- coordinating same with the Town and received approval from the Town. (b) applied for and received the applicable approvals for the Pre-Servicing Works and provided confirmation that all approvals or permissions as may be .necessary to permit ·the construction of the Pre-Servicing Works have been obtained from the ------.... Baldwin Place Phase 9B Town ofTillsonburg Subdivision Pre-Servicing Agreement Page 4 ofl4 requisite approval authorities including, without limiting the generality of the foregoing: . i. approval of the water distribution system through the submission of a Miuistry of Environment and Climate Change Form I; ii. approval of the sanitary sewer collection system and stormwater collection system through the Transfer of Review by the County; iii. approval from the Ministry of Environment and Climate Change relating to the stormwater management facility; iv. approval of the access point from the Town and/or County; and, v. approval of the plans attached as Schedule "B" from the Long Point Region Conservation Authority as applicable; · (c) submitted clearance letters from the appropriate natural gas, electricity, telephone and telecommunications authorities confirming that satisfactory arrangements have been made with those authorities concerning the relocation and/or construction/reconstruction of any facilities owned or operated by such authority· and located adjacent to, underneath or within the Lands; (d) installed all necessary tree preservation, fencing, access control measures, property signage, and appropriate erosion and siltation control devices and structures; (e) designated in writing a contact person or persons who shall have authority to make decisions and respond to complaints and/or concerns in relation to the installation of the Pre-Servicing Works; and, (f) provided to the Town a miuimum of forty-eight (48) hours written notice of its intention to commence the construction of the Pre-Servicing Works and provided a construction schedule acceptable to the Town. 7. In addition to the foregoing, the Owner covenants and agrees that during the course of the construction of the Pre-Servicing Works, the Owner shall: (a) continue to maintain erosion and siltation control devices and structures, fencing, and access control; (b) Installation of a plug in the sanitary and storm sewer system at the downstream end of the new sewers. This plug may only be removed at the direction of the Director of Operations or their designate; (c) put and keep in place measures to control ponding, weeds, dust and mnd as well as erosion, siltation and slippage conditions; (d) continue to maintain tree preservation and protection for existing trees and to do so in accordance with all laws, guidelines and reasonable requests from authorities; (e) construct all services so that they will conform to the road, lot and building block pattern of the draft plan of subdivision; (f) permit, at all times, access to the Lands by the Town and the County, their employees, agents and designates to inspect and otherwise observe the progress of construction, and if necessary, to effect emergency repairs or t8ke remedial action; (g) continuously keep all roads used for access to the Lands in good repair acceptable to the Town and/or the County including the removal ofinud tracked from the Lands as well as dust control; (h) not interfere with or obstruct the use of roadways outside ·the limits of the Lands without a permit from the Town and/or the County as required; Baldwin Place Phase 9B Town Qf Tillsonburg Subdivision Pre-Servicing Agreement PageS of14 (i) maintain an unobstructed emergency route at all times with a minimum width of six ( 6) metres constructed of granulars and have sufficient compaction as to provide access for all emergency vehicles to the satisfaction of the Town and/or the County; · (j) supply and install, a1 its cost, all traffic control signs and devices and prior to roadways being used, to erect signs a minimum of 1.2 metres by 2.4 metres to read as follows: ROADS NOT ASSUMED BY THE TOWN OFTILLSONBURG USE AT YOUROWNRISK ALL UNDEVELOPED LANDS WITBJNTHIS SUBDIVISION ARE PRIVATE PROPERTY. ANY QUESTIONS OR. CONCERNS REGARDING THE UNDEVELOPED LANDS ARE TO BE DIRECTED TO: TILLSONBURG DEVELOPMENTS INC POBOX158STNM.4JN TILLSONBURG, ON, N4G 4HS. The lettering shall be upper case, 15 em high, properly spaced and black in colour on a white background sign (k) confirm the names of all roadways to the satisfaction and approval of the Town; (I) be responsible for any damage caused to any existing utility, highway, road, street, structure, or plant as the result of the construction activities of the Owner; (m)ensure that there-are no hazardous conditions on the site of the Pre-Servicing Works; (n) dispose of all construction refuse and debris in an orderly and sanitary fashion off the Lands; (o) not engage in any blasting operations without the specific consent of the Town and/or County and provide appropriate insurance coverage for such operations. The Owner shall ensure that the Town and County is added as additional insured's and shall provide evidence of such to the Town and County Clerks; (p) maintain the Pre-Servicing Works after construction is completed until formal acceptance is provided through the Subdivision Agreement process once executed with the Town and County; ( q) provide written notice of any proposed change in relation to the Pre-Servicing Works and have received approval from the Town and/or County for such· change (where deemed necessazy, plans and drawings attached hereto may be required to be revised); and, (r) not change either its Consulting Engineer or any contractor approved for the Pre- Servicing Works without having provided reasonable notice to the Town and/or County and having obtained the approval in writing. ofthe Town and/or County to do so. 8. Prior to construction of any external works (being works not located on the Lands or works that service lands that are not located within the Lands), the Owner shall satisfy the Town and the County that both the site plan design works for the external works are complete and adequate, file all designs and reports required by the Town and County, and obtain written authorization from the Town and/or County to proceed with the construction of any said external works. --"""-----··· "-~-- Baldwin Place Phase 9B Town ofTillsonburg Subdivision Pre-Servicing Agreement Page 6 of 14 9. Prior to executing this Agreement, the Owner will be required to deposit with the Town, a cash deposit and/or an irrevocable letter of credit in the amount equal to one hundred percent (100"/o) of the costs to make safe the Pre-Servicing Works including, but not limited to any roadway restoration, water, sanitary, or storm connections, or any other affected infrastructure reinstatement as a result of Owner default in executing the Pre- Servicing Works. The Owner sball deposit with the Town, as applicable, the full amount of said security prior to the date of execution of this Agreement Such security shall be based on the Restoration Cost Estimate as described in Schedule "C" attached hereto and as approved by the Town. In the event that there is an increase in·the cost estimate, the Owner shall increase the amount of security .deposited with the Town, upon the written request of the Town according to the increased cost estimate, failing which the Owner shall be considered in breach of this Agreement 10. The Town agrees to release the security deposit as set out in Schedule "C" upon the receipt of the required securities associated with the Subdivision Agreement. II. In the event of default by the Owner under the terms of this Agreement, or if the Town is required to conduct any work to make safe the Pre-Servicing Works or due to an emergency, the Town shall be entitled to draw upon the security posted for its benefit by the Owner pursuant to the terms of this Agreement, in whole or in part, to cover the costs incurred in remedying the default on the part of the Owner, or in addressing the emergency situation. 12. The Pre-Servicing Works to be undertaken under this Agreement shall be installed expeditiously and continuously. In the event that the Owner fails to complete the Pre- Servicing Works, or any portion of them, as required, or to complete any of the other requirements under this Agreement within twelve (12) months from the date of execution, the approvals provided herein shall expire and the Town shall be entitled to take such steps as it considers necessary to rectify any deficiency, ·or to return the Lands to a safe and tidy condition. 13. In the event that the proposed Pre-Servicing Works are not completed as referred to herein or in the event the Owner fails to properly maintain the Works, then the Town may after seven (7) days written notice, enter upon the Lands and complete sam~ or complete any remedial works at the expense of the Owner. 14. Any cost or expense·incurred by the Town and/or the County will constitute a lien against the Lands. In addition to any other remedies the Town may have, the Town and/or the County will be entitled to charge the total amount of any costs and expenses, including any costs to enforce this Agreement, to the Owner who shall pay same forthwith upon demand, failing which, the Town and/or the County may collect the costs from any security posted with the Town and/or add the cost to the tax roll of the Lands whereupon such amount shall be conclusively deemed to be tax arrears and may be collected in the same manner as tax arrears. 15. If, under the terllis of this Agreement, the Town and/or the County finds it necessary to draw on any of the securities posted, or the Owner fails to renew any securities or provide additional securities as required, then the Town and/or the County shall have the right to treat the Owner as being in breach of this Agreement and, in addition to any other rights under this Agreement, the Town and/or the County shall be. entitled to prohibit any further Pre-Servicing Works being carried out on the Lands until the securities have been restored, renewed or increased as required. 16. The Owner acknowledges and agrees that irrespective of the manner in which the amount of the security was calculated, the cash or letter of credit has been deposited to secure all obligations of the Owner and the security may be used to complete any aspect of the Pre- Servicing Works to the exclusion of any other aspect thereof, to return the Lands to their preconstruction state if deemed appropriate, or to fulfill any other obligation under this Agreement, irrespective of the manner in which the eriginal value was calculated or the · obligation described. .,- Baldwin Place Phase 9B Town ofTillsonburg Subdivision Pre..Servicing Agreement Page 7 of 14 17. Prior to the registration of the Plan of Subdivision and the execution of this Agreement, the Owner shall purchase and maintain insurance against all damages or claims for damage with a financially sound and reputable insurance company satisfactory to the Town and the County and continue to maintain such insurance until an Assumption By. law has been passed by the Town. The Owner shall provide a Certificate of Insurance to the Town's Director of Finance evidencing the insurance coverage required by the Owner and hereafter annually on the insurance renewal date. The issuance of such insurance policy or policies shall not be construed as relieving the Owner from responsibility for any other or larger claims in excess of such policy or policies, if any, for which the Owner may be held responsible. Such insurance policy or policies shall be in a furm acceptable to the Town's insurer and, without limiting the generality of the foregoing, shall provide: (a) Comprehensive General Liability insurance applying to all operations of the Owner subject to the limits of not less than five million dollars ($5;000,000) for any single occurrence which shall include coverage for personal injury, including death, broad form property damage, products and completed operations liability, owner's and contractor's liability, blanket contractual liability, contingent employer's liability, employers liability, non-owned automobile liability including SEF 94 and SEF 96 and shall include cross liability and severability of interest clauses and hostile fire; (b) Where the description of project, supply, or work involves the use of explosives for blasting or vibration from pile driving or caisson work; the removal or weakening of support of such. property, building or land, whether such support be natural or otherwise, Explosion, Collapse or Underground (XCU) coverage's must be added by endorsement; (c) The Town, Tillsonburg Hydro Inc. and the County shall be added as .additional insured's to the above policies which shall be in full force and effect until an Assumption By-law has been passed; (d) Automobile Liability insurance covering third party property damage and bodily injury, including accident benefits as may be required by Applicable Laws arising out of any licensed vehicle operated by the Owner's contractor's or consultants in connection with this agreement with an inclusive limit of liability of two million dollars ($2,000,000); (e) Should the work involve any professional services for the design, construction, and maintenance periods the Owner shall ensure any person providing professional services in coll!lection with the Lands, including its professional consultants, architects, planners and Registered. Professional Engineers, provide and maintain Professional Liability insurance in the amount not less than five million dollars ($5,000,000) providing coverage for acts, errors and omissions arising from their professional services performed under this Agreement The policy SIR/deductible shall not exceed $100,000 per claim and if the policy has an aggregate limit, the amount of the aggregate shall be double the required per claim limit The policy shall be underwritten by an insurer licensed to conduct business in the Province ·of Ontario and acceptable to the Town and County. The Town and/or County reserves the right to request the Owner to provide the Town and/or County with evidence of such insurance coverage which shall be in full force and effect until an Assumption By- law has been passed by the Town. If the policy·is to be cancelled or non-renewed for any reason, 90 day notice of said cancellation or non-renewal must be provided to the Town and County. The Town and/or County reserves the Fight to request that an Extended Reporting Endorsement be purchased by the Owner at the Owner's sole expense. (£) At the discretion. of the Town and/or County the Owner may be required to purchase an Environmental Policy to cover injury to or physical damage to tangible property including loss of use of tangible property, or the prevention, control, repair, cleanup r--- Baldwin Place Phase 9B Town ofTillsonburg Subdivision Pre-Servicing Agreement Page 8 of 14 or restoration of environmental impairment of lands, the atmosphere or any water course or body of water on a sudden and accidental basis and on a gradual release. The policy shall include bodily injury, including sickness, disease, shock, mental anguish, and mental injury. The policy is to be renewed for three (3) years after the Assumption By-law has been passed by the Town and a Certificate of Insurance evidencing renewal shall be filed with the Town and County. If the policy is to be cancelled or non-renewed for any reason, 90 day notice of said cancellation or non- renewal must be provided to the Town and County. The Town and/or County has the right to request 1hat an Extended Reporting Endorsement be purchased by the Owner at the Owner's sole expense. (g) That the .insurance premium for the insurance required herein has been prepaid for a period of not less than one (l) year; (h) That the insurance policy will provide that it is not cancellable unless prior notice by registered mail has been received by the Town and the County from the insurer not less than thirty (30) days prior to the cancellation date; (j) All parties agree to inunediately notify the other parties of any occurrence, incident, or eveut which may reasonably be expected to expose any of the parties to liability of any kind in relation to the development of this Subdivision. 18. The Owner on behalf of itself, its heirs, executors, administrators and assigns, including its successors in title, hereby covenants and agrees. to indenmify and ·save harmless the Town and the County of and from all actions, cause of actions, suits, claims, demands, damages, losses, costs, charges and expenses of every nature and kind whatsoever by whomsoever make broUght or prosecuted, including legal fees, which the Town and/or County may incur or have to pay, which may arise either directly or indirectly by reason of any activity, actions, performance, negligence or non-performance of the Owner, its employees, servants, agents, contractors, subcontractors, architect, landscape architect, engineer, surveyor, planner, consultant, project manager or any other person the Owner is responsible for at law which may arise either directly or indirectly by reason of the Owner undertaking ~he instsllation and/or construction of the Pre-Servicing Works or part thereof, or taking any other action or obligation which may be ·associated with this Agreemeut. Further, the Town and/or the County may use any securities posted under this Agreement in order to satisfy, pay, discharge, vacate or release any lien, charge or claims arising from any obligation under this Agreement including indenmification for all costs incurred by the Town and/or County, including its/their legal costs. Without limiting the generality of the foregoing, the Owner agrees to indenmify and save harmless the Town and the County for any issues related to the alteration of any grade or existing level construction, the maintenance or repair of any street within the Lands, or by reason of the fililure, neglect or omission of the Owner to do anything agreed to be done pursuant to this Agreement or by reason of any act or omission of the Owner, including failure of the Owner to comply with the Construction Lien Act. I 9. In the event that the Owner fails tu properly install services, correct deficient work, or fails to complete the Pre-Servicing Works, then the Town or County may give notice to the Owner of any such deticiency or failure. In the event the Owner fails, within seven (7) days of such notice to rectify the deficiency to the satisfaction of the Town and/or County, then the Town and/or the County, including their employees, agents and designates will be entitled to enter the Lands and correct the problem as itlthey deem fit and to utilize the securities to pay for the costs accordingly. In the event of an emergency, the Town and/or tiW County, including their employees, agents and designates will be entitled to enter the Lands forthwith without notice to the Owner in order to secure the site and rectify the emergency situation, at the cost of the Owner. 20. In the event the Owner fails to pay any costs or expenses within thirty (30) days of notice from the Town and/or County then the Town and/or County will be entitled to realize upon the securities deposited in addition to any other rights or remedies the Town and/or County may have. ---1-- Baldwin Place Phase 9B Town ofTillsonburg Subdivision Pre-Servicing Agreement Page9 ofl4 21. The Owner will be responsible for any and all costs of the enforcement of this Agreement for rectification of deficient work. Any entry onto the Lands by the Town and/or County to enforce its/their rights or to rectifY deficient work will be as agent of the Owner only and shall not be construed as acceptance or assumption of any of the Pre-Servicing Works by the Town or the County. 22._ The Owner agrees to pay all reasonable costs incurred by the Town and the County in connection with the development of this Subdivision which, without limiting the generality of the foregoing, shall include all expenses of the Town and County heretofore and hereinafter incurred for legal, engineering, surveying, planning and inspection services (including but not limited to all reasonable testing of the Pre-Servicing Works), extra meetings, if any, and employees' extra time, if any, and shall pay such costs within thirty (30) days upon invoicing. All amounts owing to the Town or the County by the Owner pursuant to this Agreement shall, after the expiry of the aforesaid thirty (30) day period, bear interest at the prime rate charge by the Town's bank plus one and a qnarter percent (1 Y. %), from the due date until paid. The Owner acknowledges that failure to pay the aforesaid costs within thirty (30) days shall constitute a default of the Owner's obligation pursuant to this Agreement and shall entitle the Town to, if it so chooses at its sole option, draw upon the deposited securities for any amounts outstanding :beyond the thirty (30) day period. 23. To the extent that the Lands require imported fill, the Owner will be required to obtain the approval of the Town and/or the County for the .source site, the quality of the inaterial and the haul route. Further, to the extent that materials used are from the Lands, the Owner will provide in the construction plans details sufficient to satisfy the Town and the County that the Lands will be left in a safe, tidy and free draining condition. 24. The parties agree that this Agreement shall be registered against the title of the Lands at the Owner's expense. Upon registration, this Agreement shall be deemed to run with the Lands. 25. Execution of this Agreement shall be deemed to be authorization by all parties to legal counsel for the Town to register same in the appropriate Land Titles Office without further written authorization. 26. The Owner represents and warrants that the Lands are free and clear of liens, charges and encumbrances or alternatively the Owner covenants that within ten (I 0) business days of the execution of this Agreement it shall either cause every person having an encumbrance or charge affecting the Lands to join in the execution of this Agreement, or to execute a Postponement Agreement postponing such interest in favour of the Town's and County's interest pursuant to this Agreement and to provide duplicate registered copies of such postponement agreements to legal counsel for the Town and County. 27. Any notice required to be given to the Owner or the Town under this Agreement shall be in writing and shall be sufficiently given if delivered or mailed postage prepaid to the addresses below. Such notice shall be deemed to have been received on the date of its . delivery or in the case of mailing, three (3) business days after it Wl!S delivered to the post office. Town's Address Town Clerk The Corporation Town ofTillsonburg 200 Broadway St Unit 204 Tillsonburg,Ontario N4GSA7 Owner's Address Tillsonburg Developments Inc PO Box !58 srn Main Tillsonburg, ON, N4G 4H5 -~-- County's Address County Clerk The County of Oxford 21 Reeve St. Woodstock, Ontario N4S 7Y3 Baldwin Place Phase 9B Town of Tillsonburg Subdivision Pre-Servicing Agreement Page 10 ofJ4 Should the Owner transfer all or part of the Lands, all terms and conditions agreed to in this Agreement are to be transferred to the new owner( s ). The Town and County will require the new owner( s) to accept, in writing, the terms and conditions outlined in this Agreement. If the acceptance of the terms and conditions of this Agreement from the new owner(s) is not received by the date of sale or transfer, the terms and conditions agreed to in this Agreement shall remain the responsibility of the previous Owner. 28. This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision and any invalid provision shall be severable. 30. If there are more owners than one, all covenants herein contained shall be construed to be sever!)] as well as joint. 31. Wherever the singular or masculine is used, it shall be construed as if the plural or the feminine or the neuter, as the case may be, had been used where the context of the Party or the Parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made. 32. The parties hereto agree that this Agreement is further to and does not replace or revoke any prior agreements. 33. The Owner agrees that it shall and will, on the request of the Town or County, make, do, execute or cause to be made, done or executed all such further and other acts, things and assurances to ensure the full implementation of this Agreement and to satisfy the intention of the parties as set out in this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement SIGNED, SEALED AND DELIVERED this l 0 day of i\J,~."' ....,L ,.-, 2015 A.D. ~TDiijURG DEVELOPME!ITS INC ~ .§i? . j::DoM \N tc... A ~RAb\_EJ.f ) I have authority to · the Corporation \. ) )THE CORP ) r------------------~ Baldwin Place Phase 9B Town ofTi!lsonburg Subdivision Pre-Servicing Agreement Page II ofl4 ·---,--... ---- Baldwin Place Phase 9B Town of Tillsonburg Subdivision Pre-Servicing Agreement Page 12 of 14 SCHEDULE "A" Description of Lands All and singular certain parcels or tracts of land and premises, situate, lying and being in the Town of Tillsoriburg, Co\mty of Oxford, Province of Ontario, Block 71 and Part of Blocks 70 and 80, registered plan 41 M-182; Town ofTillsonburg, County of Oxford. Land Titles PIN: 00025-0582; 00025-1049; 00025-1008 ----T -------- I -- Baldwin Place Phase 9B Town of Tillsonburg Subdivision Pre-Servicing Agreement Page 13 of 14 SCHEDULE "B" Engineeril!lg Design Drawings The following schedule of plans shall be submitted to the Town in paper and electronic copy prior to the execution of this Agreement for approval and it shall be the responsibility of the Owner to ensure complete compliance of all matters related to their implementation: Drawing Description Revision Date No. No. 1. COVER SHEET 1 17 September 2015 2. GRADING PLAN I 17 Seotember 2015 3. HOGARTH DRlVE 1 17 Seotember 2015 4. ESSELTINE DRlVE 1 17 Seotember 2015 5. MISC. DETAILS -SEWERS AND 1 17 September 2015 WATERMAIN 6. MJSC. DETAILS -ROADWORK AND I 17 September 2015 GENERAL NOTES 7. STORM SEWER TRIBUTARY AREAS 1 17 Seotember 2015 &. SANITARY SEWER TRIBUTARY AREAS 1 17 Seotember 20.15 • Baldwin Place Phase 9B Town ofTillsonburg Subdivision Pre-Servicing Agreement Page 14 ofl4 SCHEDULE "C" Restoration Cost Estimate CJDL Consuttlng Engfneers CYRlL J" DEMEYERE UMITED Jotln D. Woebe, P. Eng. I T. Paul Tuff, P. Eng. ~r J. !>er'II'IEH', P. Eng. Dete!l L)'IQ,,?. Eng. Arlf1rew Gilvesy, P. Eng. 2~1 Broadway, P.O. Box 460, Tillsonbu19< ON N4G 4HB T: 519-600-1000 F: 519-842-3235 Sanltarv Sewer ~October 2015 BALDWIN PLACE SUBDMSION. PHASE 98 TOWN OF TIIJ.SONBURG COST ESTIMATE FOR PRESERVICNG Connection to existing 250mm~ stub@ E'sseltine_Drive Storm Sewer Connection to existing 375mmfstub @ Esseltine Drive Connection to existing MH ST23 WatenTlain Connection to existing 200mmfll @ Esseltine Drive Connection to edsting lSOmm~ @ HOgarth Drive ftoadwork 2 dead barricades @ $1,200 each Siltfence/miscell~neous Sub--Totat $ 500 $ 500 ~ $ 1,000 $-1,250 ___1.Q!!Q $ 2,250 $ 2AOO ~ $ 5,455 HST/Less rebates • EffectiVe Rate 1.76% TO'I'AL SECUR(IY FOR PRESERIIICING 'Andrew Gilvesv., P. Eng. CJDLConsulting Engineer-s Tillsonburg_ Ontario -- 1516 $ 500 1,000 ~250 ~~---