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4167 Schedule A - Front-End Agreement - Performance Communities IncFRONT -ENDING AGREEMENT THIS AGREEMENT made this 124) day of January, 2018 BETWEEN PERFORMANCE COMMUNITIES REALTY INC. the "Owner") and- THE CORPORATION OF THE TOWN OF TILLSON13URG the "Town") WHEREAS the Owner are the registered owner of the lands identified in Schedule "A" attached to this Agreement; AND WHEREAS the Services described in this Agreement are required to enable the Benefitting Lands as defined herein to be developed; AND WHEREAS the Owner propose to develop their respective lands, AND WHEREAS the Town has enacted a development charge by-law under the Development Charges Act, 1997; AND WHEREAS under the Development Charges Act, 1997, the Town and the Owners are empowered to enter into this Agreement providing for the payment by the Owners of front-end payment. NOW THEREFORE in consideration of mutual covenants herein contained, the sum of two dollars ($2.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant and agree as follows: 1. DEFINITIONS: In this Agreement, Act" means the Development Charges Act, 1997, S.O. 1997, as amended, re-enacted or consolidated from time to time, and any successor statute. Agreement" means this agreement. Benefitting Lands" means all of the lands that are legally described in Schedule "B" attached to this Agreement. Benefitting Owner" means owners within the Benefitting Lands; and where there is more than one such owner or person, the word means all such owners or persons. By-Law"means Development Charge By-law No. 3827 enacted by the Town under the Act or such By-law as amended or replaced from time to time. Contractor(s)" means any and all contractors hired by the Town to construct the Services and includes engineers, construction companies and surveyors. Front -End Payment" means, for the Services installed, the net capital cost of the Services and includes all engineering fees, contingency allowances, applicable taxes, land, legal and survey costs as determined by the Town. Town" means The Corporation of the Town of Tillsonburg. Objection" means an objection to this Agreement pursuant to section 47 of the Act and as referred to in section 8 of this Agreement. Owner" means Performance Communities Realty Inc. Party" means party to this Agreement. Plans" means the plan(s) for the Services that have been approved by the Town. Services" means the services required to enable the Lands to be developed, in accordance with this Agreement and as described in Schedule "C" and "D" hereto, and "Services" means any one of such services. Town Solicitor" means the Solicitor for the Town. Specifications" means the design guidelines, standards and specifications established by the Town for the installation of Services. Term" has the meaning described to it in section ii of this Agreement Treasurer" means the Treasurer of the Town. 2. ACKNOWLEDGMENTS: BASIS OF THE AGREEMENT i) The Parties acknowledge that all Services identified in Schedules T" and "D" attached to this Agreement are required to enable the Benefitting Lands to be developed. 2) The Parties further acknowledge that the required Front - End Payments shall include a payment required to be made by the Owner to the Town in regard to the capital cost of the Services and shall include engineering fees, contingency allowance, applicable taxes, land, legal and survey costs, all as determined by The Town. 3. APORTIONING COSTS: i) The Parties agree that the proportion of the cost of the Services that will be borne by each Parry to this Agreement and the Benefitting Owners is as set out in Schedule T" attached hereto and as further described in Schedule "D" attached hereto. 4. INSTALLATION OF SERVICES: 1) The Parties agree that the Owner will install the Services at its cost. 2) The Owner represents that the Services will be installed in accordance with the plans and specifications as approved. 3) The Parties agree that the final cost of the Services shall include the cost of installing the services, utility relocations, surveying, soil testing, drafting, preparing specifications, checking plans and specifications, supervising and inspecting construction, material testing, engineering fees, and applicable taxes and all other expenses incurred in relation to the Services as approved by the Town. 5. REIMBURSEMENT TO THE OWNER: The Town shall reimburse the Owner the pro -rata share of the costs of the Services not apportioned to the Owner, that is, the pro rata costs apportioned to the Benefitting Owners, such amount being the Front-end Payment. 6. RECOVERY OF T HE FRONT-END PAYMENT: 1) The Plan attached hereto as Schedule "E" shows the location of the Benefitting Lands. 2) Upon a request by any of the Benefitting Owners to hook into the Services described in Schedules "C" and "D" of this Agreement or as a condition of approval by the Town of any development or the issuance of any building permit, the Town shall require such B e n e fit ti ng Owner to pay the Benefitting Owner's portion of the Front -End Payment for the Services as set out in Schedules "C" and "D" attached hereto. 3) The amount of the payments required to be made by the Benefitting Owners as set out in Schedules "C" and "D" attached hereto shall be increased to include interest from the date of signing the Agreement to the date of the hook up to the Services by the Owner(s). Such interest shall be calculated and compounded annually at the rate of six (6%) per cent per annum. 7. OBJECTIONS: Upon the execution of the Agreement by The Town, the Clerk of the Town shall give notice of this Agreement to the persons and in the manner prescribed by Section 46 of the Act. 8. PREPAYMENT OF SERVICING COSTS: A Benefitting Owners may prepay their portion of the cost of servicing as set out in Schedule "C" attached to this Agreement. 9. TERM: This Agreement shall commence on: 1) if no Objection is filed, the date this Agreement is fully executed; and 2) if an Objection is filed, the date this Agreement is confirmed by the Ontario Municipal Board or, if changes are directed by the Ontario Municipal Board, when the parties have executed the amendment to the Agreement giving effect to such changes. 3) This Agreement shall expire on the final payment of all Benefitting Owners in accordance with Schedules "C" and D" of this Agreement. 4) The Parties hereto agree that this Agreement shall continue in full force and effect despite any expiry or repeal of the By- law or expiry or repeal of the Act or the enactment of any replacement or amending By-law. 10. SUCCESSORS AND ASSIGNS: 1) This Agreement shall bind and benefit the Parties and their respective successors and assigns. 2) Once the term of this Agreement has been finalized, the Parties agree that this Agreement shall be registered against the lands described in Schedules "A" a n d " B " . 11. DEVELOPMENT OF THE OWNERS' LANDS: The Owner agrees that, despite the provisions of this Agreement, the Owners' Lands shall not be developed or built upon until: i) the Owner has obtained all required approvals from the appropriate authorities for such development; 2) the Owner has satisfied the Town's requirements, financial and otherwise, for designing and constructing any additional services which are required to service the Lands, and for the payment of all applicable development charge levies; 3) the Owner has entered into any additional agreements that may be required by the Town for the development of the Lands; and 4) the Owner has delivered all documents, made all payments (or delivered all Financial Securities) and satisfied all conditions of this Agreement. 12. DEVELOPMENT ON OTHER LANDS WITHIN BENEFITTING LANDS: The Town acknowledges sections 52 and 53 of the Act and agrees that it will not issue a permit for any development on the lands of a Benefitting Owner within the Benefitting Lands until the Benefitting Owner has discharged its obligations under this Agreement and under sections 52 and 53 of the Act. 13. NOTICE: Any notice given pursuant to or in connection with this Agreement shall be in writing and shall be conclusively deemed to be given and received on the third business day next following the day upon which it is mailed in Canada by prepaid registered post addressed to the address of the person to be notified as set out in the most recent assessment roll for The Town. 14. INTERPRETATION: 1) The Schedules attached hereto are incorporated in and form a part of this Agreement. 2) The headings are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement. 3) All references to sections and subsections unless otherwise specified are to sections and subsections of this Agreement. 4) In this Agreement, unless the context otherwise requires, words importing the singular include the plural and vice versa and words importing a gender include all genders. 5) References herein to any statute or any provision thereof include such state or provision thereof as amended, revised, re-enacted and/or consolidated from time to time and any successor statute thereto. 6) If any provision hereof is prohibited or unenforceable, such provision shall be deemed severable and shall not invalidate or render unenforceable the remainder of this Agreement. 7) No amendment, supplement, waiver or consent provided for by the provisions of this Agreement shall be effective unless in writing and signed by the party against whom enforcement of the amendment, supplement, waiver or consent is sought. 8) Time shall be of the essence of this Agreement. 9) Nothing herein contained shall create or be deemed to create a new joint venture or partnership between the parties hereto. 1o)All agreements herein contained, though not expressed to be covenants, shall be deemed to be covenants. 6 ii)This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any prior agreements, undertakings, declarations or representations, written or verbal, in respect thereof. 12) If more than one party comprises the Owner the obligations herein contained shall be joint and several. IN WITNESS WHEREOF the parties have executed this Agreement. PERFORMANCE COMMUNITIES REALTY INC. W— William R. Hayhoe President I have the authority to bind the corporation. THE COIWQRATION OF THE TOWN OF tephen Molnar Mayor Donna Wilson Town Clerk We have the authority to bind the corporation. SCHEDULE "A" Legal Description of the Owner's Property FIRSTLY) PART BLOCK A, PLAN 1082, PART 4 41R9418; (SECONDLY) PART LOT 7, CONCESSION 12 (DEREHAM), PARTS 1, 2 & 3 41R9418; TOWN OF TILLSONBURG PIN: 00030 - o982 LT SCHEDULE "B" Legal Description of the Benefitting Lands 1. PT LT 8-9 CON 12 DEREHAM PART 1, 41R8055; SW OXFORD/TILLSONBURG; PIN: 00025-o614 (LT); Current Owner: VICTORIA WOOD (TII.LSONBURG-WEST) GP INC.; and 2. PT LT 8 CON 12 DEREHAM DESIGNATED AS PART 1, 411t6o17; TILLSONBURG; PIN: 00025-0436 (LT); Current Owner: THAMES VALLEY DISTRICT SCHOOL BOARD. 10 SCHEDULE "C" Dereham Drive Storm Sewer Oversizing (Andrews Crossing Phase 1) Town Contribution 19% NDSB Contribution 21% Victoria Wood GP Inc. Contribution 6010 100% 11 OversizingCost $ 118,882.75 (plus HST) 22,730.47 (plus HST) 25,188.87 (plus HST) 70,963.41 (plus HST) 118,882.75 Cost Allocation Summary Runoff Land Owner Area Identifier Area (ha) Coefficient C" x Area Adjusted Shared CostC" x AreaC" Value Existing Development Along QTL Al 4.51 0.45 2.03 3.16 19% 22,730.47 TVDSB WestField Public School A2 1.87 0.70 1.31 2.04 12% 14,660.84 NDSB Land A3 4.70 0.20 0.94 1.46 9% 10,528.03 Victoria Wood GP Inc. Land A4 31.68 0.20 6.34 9.87 6010 70,963.41 Total 42.76 10.61 16.53 118,882.75 Area Outside Town Limits A5 29.59 0.20 5.92 A5 - CxA value has been redistributed Total 72.35 to areas Al to A4 Town Contribution 19% NDSB Contribution 21% Victoria Wood GP Inc. Contribution 6010 100% 11 OversizingCost $ 118,882.75 (plus HST) 22,730.47 (plus HST) 25,188.87 (plus HST) 70,963.41 (plus HST) 118,882.75 SCHEDULE "D" The Services include the storm sewer oversized piping and appurtenances extending from the Owner's lands to the Benefitting lands as depicted on the drawing in Schedule "E". 12 SCHEDULE "E" CCNCESSIEN STREET I I I Il II WATERSHED BO DRY OF MOINAL OAKPARK SUBWN90N TRUNK SEWER 1994 VICTORIA WOOD GP ING LANDSI J1.68(he) OF GRAMVIEV AREA W7511E TOWN( 29.59 (Iw) E 10 -UN C AREA ALONGLWTSLLL.... OVAR at TER ARE IJNE A5 -D. -J I T1D58 W DS 4.70(Iw) i A3 O DEREiAM T9DSB Jj WES7FTILDPUBLIC t . WAMMED B"DRY 0 ! CO A4 DRIVE TRUNK SnVER o ESSEITINE DR1Vi.____. tl 2 vIRAILV ii 0 4 r i 1 10 N O K DRAINAGE AREAS AFFECTING DEREHAM DRIVE STORM SEWER OVERSIZING SAM LEGFN'D DEREHAAI DRIVE OVERSIZED STORM SEWER (173.6m) TOWN OF TILLS09Bl!RG oreRAnovs S}t\7CF5 DRAINAGEAREAS FOR DEREHAM DRIVE usTonmisexnr reNtxF STORM OVERSIZING til'.L 7.: •. ••"••• i DRAWING NLMFER NOT TO SCALE L,.~° I 1 i 001 I 1 I 13