TOWN OF TILLSONBURG PRE-SERVIC1NG AGREEMENT BALDWIN PLACE PHASE VIII THE CORPORATION OF THE TOWN OF TILLSONBURG

Transcription

1 Pre-Servicing Agreement TOWN OF TILLSONBURG PRE-SERVIC1NG AGREEMENT BALDWIN PLACE PHASE VIII THIS AGREEMENT made the day f, 28. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the "TOWN" - and - THE CORPORATION OF THE COUNTY OF OXFORD hereinafter called the "Cunty" - and - TILLSONBURG DEVELOPMENTS INC. hereinafter called the "Owner" WHEREAS the lands affected by this agreement are the lands described as Part Lt 8, Cncessin 12, Plan 41M-182, in the Twn f Tillsnburg, and described in bx 6 f the Dcument General, as shwn n a prpsed Plan f Subdivisin, dated the 4th day f September, 22 as prepared by Kirn Busted Surveying Ltd, and appended as Schedule "A" t this Agreement (hereinafter called the "LANDS"); AND WHEREAS the Owner prpses t pre-service said lands by cnstructing theren a water system, sanitary sewer system, a strm sewer system, rad allwances, radways, curbs and gutters, an electrical system and street lights and attend t requisite grading; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in cnsideratin f ther gd and valuable cnsideratin, the parties heret cvenant and agree, each with the ther, as fllws: 1. DEFIN.ITIQNS A) Fr purpses f this agreement, the wrds and phrases defined in the Subdivisin Amending Agreement attached heret marked as Schedule "B" shall be deemed t frm part f the within agreement; and B) PRESERVICIiS shall be such f the water system, sanitary sewer system, strm sewer system, rad allwances, radways, curbs and gutters, an electrical system and street lights and requisite grading, as may be determined by the Owner t be cnstructed pursuant t the prvisins f the within agreement. 2. TILEjrQWN_AND/QR THE COUNTY COVENANTS AND AGREES: A) That it will supply such inspectrs t make such inspectins as may be required t enable the Twn and/r the Cunty t accept the pre-services herein prvided, it being understd that such inspectrs are t be supplied at the expense f the Owner; and B) T assume the pre-services, but nly as lng as all ther prvisins f Schedule "B" heret attached are cmplied with, with the exceptin f Clause 6 (a) f said Schedule "B" insfar as said clause relates t the pre-services herein prvided. 3. THE OWNER COVENANTS AND AGREES: A) That the sle purpse f the within agreement is t negate the effect f the Owner being required t put the perfrmance security in place insfar as the pre-services are cncerned and specifically acknwledges and

2 Pre-Servicinj» Agreement agrees that Schedule "B" heret attached, r substantially in the frm and cntent as set ut in Schedule "B", shall be executed and all ther prvisins theref cmplied with prir t issuance f any Building Permit relative t the lands and premises included in the within agreement; B) The Owner acknwledges that any wrks cnducted n the site are dne at their wn risk and n review dne by any department guarantee that the services will be acceptable fr the Plan f Subdivisin. C) T put in place such liability insurance as may be required by the Cunty and the Twn named as cinsured, which said plicy is t be depsited with the Cunty prir t executin f the within agreement by the Cunty and the Twn; D) T pay the Twn the fllwing amunts prir t the executin f the within agreement by the Cunty and the Twn: i. Preparatin f the pre-servicing agreement $3. ii.ttal Due $3. E) T indemnify the Cunty and the Twn, their successrs and assigns frm all debts, liabilities, cntracts, actins, prceedings, claims and demands, in the event that the pre-servicing cntemplated by the within agreement is nt cmmenced and/r finalized and/r the Subdivisin Amending Agreement in place cntemplated in Clause l(a) is nt executed and cmplied with. F) T cnfirm street names t the satisfactin f the Twn. G) The cnditins herein cntained frms part f the Subdivisin Agreement shall be appended theret with all ther cvenants f the Subdivisin Agreement remaining in effect including the benefit f this Agreement t be binding upn the parties heret, their successrs and assigns. H) That n building permit r mdel hme permits will be issued and the services will nt be accepted until the subdivisin amending agreement has been entered int, at that time security will be required. I) Archaelgical studies and any engineering studies required as well as MOE apprval shall be btained prir t signing the Servicing Agreement. 4. AGREEMENT REGISTERED This Amending Agreement shall be appended t the afrementined Subdivisin Agreement previusly registered n title by the Twn against all lands t which the Pre-servicing Agreement applies at the cst f the Owner. IN WITNESS WHEREOF the parties heret have hereunt affixed their Crprate Seals this f,28. day ) TILLSONBURG DEVELOPMENTS INC. ). ) Steven Smith ) I/WE Have Authrity t Bind the Crpratin )THE CORPORATION OF THE COUNTY OF OXFORD ) WARDEN - ) CEERK - ) ) ) THE CORPORATION OF THE TOWN OF TILLSONBURG ) MAYOR - Stephen Mlnar

3 Pre-Servicing Agreement PLM?_32T^Oi2 Subdivisin Plan As prepared by Kirn Husted Surveying Ltd., dated April 9, 28. PAI?T ItM»AWT 151 f,.1 f;. 11! 1 JJ i II 4 PART W7-A I ll!!h!fi!5 ir PLACE\99^511(8).dwg,

4 BALDWIN PLACE PHASE 8 PLAN 32T-12 TOWN OF T1LLSONBURG SUBDIVISION AMENDING AGREEMENT BALDWIN PLACE PHASE V1H THIS AGREEMENT made the day f, 28. BETWEEN: TILLSONBURG DEVELOPMENTS INC. hereinafter called the "Owners" OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the "Twn" OF THE SECOND PART WHEREAS the Owner entered int a Subdivisin Agreement with the Twn f Tillsnburg and the Cunty f Oxfrd n the 7th day f March, 22 fr the purpse f subdividing and registering a Plan f Subdivisin n lands described as Part Lt 8, Cncessin 12, Plan 41 M-l 82, in the Twn f Tillsnburg, and described in bx 6 f the Dcument General, as shwn n a prpsed Plan f Subdivisin, dated the 4th day f September, 22 as prepared by Kim Husted Surveying Ltd.; AND WHEREAS upn executin this Amending Agreement frms part f the afrementined Subdivisin Agreement; AND WHEREAS Paragraph 4 f the Subdivisin Agreement makes prvisin fr the subdivisin t be develped in phases and each phase may be develped in stages subject t receipt f all apprvals, studies and requirements f the Twn including engineering drawings and amendments t Schedules "A", "B", "C", and "D"; AND WHEREAS the Owner is desirus f develping Phase 7, details f which were nt included the Schedules "A", "B", "C", and U D" f the Subdivisin Agreement; AND WHEREAS the Twn is desirus f ensuring that the apprpriate apprvals fr each phase (stage) are dcumented and that securities are in place; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in cnsideratin f the Twn apprving the said prpsed Subdivisin Amending Agreement and the cvenants hereinafter expressed, the parties heret cvenant and agree ne with the ther as fllws: 1. SCHEDULES The fllwing schedules, as amended frm the Subdivisin Agreement, identify and refer t the respective phase r stage referred t herein and frm part f this Amending Agreement and it shall be the respnsibility f the Owner t ensure cmplete cmpliance t all matters related t these Schedules: Schedule "A" as Amended - a plan shwing lts, rad allwances, easements and parkland Schedule "B" as Amended - summary f estimated servicing csts Schedule "C" as Amended - security and cash payment Schedule "D" as Amended - cmpletin dates fr the wrks;

5 Subdivisin Amending Agreement Page 2 f 6 2. PLANS The fllwing plans, if required fr the respective phase (stage) referred t herein, as amended frm thse submitted fr cmpliance with the Subdivisin Agreement, shall be submitted t the Twn fr apprval and it shall be the respnsibility f the Owner t ensure cmplete cmpliance t all matters related t their implementatin: Plan shwing the prpsed strm and sanitary sewer systems Plan shwing the prpsed water distributin system Plan shwing the prpsed lt grading; 3. AGREEMENT BINDING The cnditins herein cntained frms part f the Subdivisin Agreement and shall be appended theret with all ther cvenants f the Subdivisin Agreement remaining in effect including the benefit f this Agreement t be binding upn the parties heret, their successrs and assigns. 4. AGREEMENT REGISTERED This Amending Agreement shall be appended t the afrementined Subdivisin Agreement previusly registered n title by the Twn against all lands t which the Subdivisin Agreement applies at the cst f the Owner. IN WITNESS WHEREOF the parties heret have hereunt affixed their Crprate Seals this day f,28. ) TILLSONBURG DEVELOPMENTS INC. ) Steve Smith, Vice President ) I/WE Have Authrity t Bind The Crpratin ) THE CORPORATION OF THE TOWN OF TILLSONBURG ) MAYOR - Stephen Mlnar ) CLERK - Michael Graves ) THE CORPORATION OF THE COUNTY OF OXFORD ) WARDEN, ) C.A.O./Clerk - Ken Whitefrd

6 Subdivisin Amending Agreement Page 3 f 6 SCHEDULE "A" AS AMENDED SUBDIVISION PLAN PHASES As prepared by Kirn Hustcd Surveying Ltd., dated April 9, 28. LOT* KWTCflg FLAN 714 ^ 'ART 151 PART 148 l ;;! f;: r-~«j f--«j tuimciwd... «' J / p^^ ^ f \ FART 4 4M4714 A / \ ~"I.IL LOT \.7 ^1«r wnrr r LOTS M, W, 74, 76, 77 AND 78 PART OF LOTS , 79 AND 8 PLAN 41M-1B2 I Wir/PLACE\9511(8).dwg, 4/9

7 Subdivisin Amending Agreement Page 4 f 6 SCHEDULE "B" AS AMENDED PHASE 8 SUMMARY OF ESTIMATED SERVICING COSTS H 9L Perfrmani s 19 c CO S V itenance C/) ^v *"^ r en H O ST Security r r -fc» OO O C/> H 7 O"i "" xo Q ^ f r^cdc^cnai^r^cdc^^cncn^r-'' OO>rri"DOc/)zr-7]3C/)O~nc/)a3C)C7)g» 81' '. s-s,». illlllp ^flll!?i 5-33w W^WTJ? ^Q f^ 33 ^ ^Q C/5 3" ilils. ^ ^ v < :^: ^ 3 ^. g 'p <" c/t 5T CQ 3 ^ B-! ^ a. i ~ (/) v< ^ i- s i (Q ^. > c 3 Q - ^-^ CQ ^~ J5. (D 2 (Q r* (D O GO C/) H 111 ii E. <' <" 2 Z S" Q^ ^; < 3.? v> -n n H OH = 3 Z F IS J^ Q. E m " Q g <3 2 < <? m LI? q c H d- «s 3 3 IS > Z+ ~* H f 3 Fn (/) 1 3 i P H T c H */9 ^/) ^^5^^^j <^^>^/^ /^^_x^ - * CO ^^? ^^ r r n &$ ^^ c r ^ c r*>- ys. (j\ y^ A. ui ct5 "xj * c r^- x QJ Vg OO en f^ r "*>j *vj n **N -si r r ai^-si-^r S" m (/) ^* 3' ) r^> (D a. *"* m i c/> m 7} < z 1 n T) i * \ c_ ~n 13 -n T) m 33 CQ <= r & <& c ^ CO -si &v>% ^ ft &$ ^M^S^^SwcS^^S r cn^^i-^r OOOOOOOOOOOOOOOOOO 3 D (D 5? a. -x j, II "9. ( - O3- ^ i 3 5- ^- (D ^ ^ j' If O Q) O "C3 w T) 3 f Q. ^ D cr Z 21 «< ; p X r V) V) ^^^^^^9^^^^^^^^^^^^^^^^ qf ^ d 5 5 ^' ^ v 7^ "D* ^ 2 6 O^

8 Subdivisin Amending Agreement Page 5 f 6 SCHEDULE "C" AS AMENDED SECURITY, CASH, and DEVELOPMENT CHARGE PAYMENTS PHASE 8 INTERNAL AND EXTERNAL COSTS Cash Depsit r Letter f Credit upn Executin f Subdivisin Amending Agreement t Twn f Tillsnburg A) Cnstructin Cst Estimate GST $931,762 Less Wrk Cmpleted t Date Balance Cnstructin Cst Estimate Security Prir t Cnstructin and Registratin f Subdivisin Amending Agreement Irrevcable Letter f Credit $931,762

9 Subdivisin Amending Agreement Page 6 f 6 SCHEDULE " IMPLEMENTATION SCHEDULE FOR PHASE 8 1. Undergrund Services - sanitary & strm sewers, watermain 2. Strmwater Management Pnd 3. Rad Cnstructin - including curbs, granular A & B, base lift asphalt 4. Utility Servicing - Hydr, Gas, Telephne Cable TV 5. Sidewalks 6. Street Lighting 7. Bulevard Restratin - including tpsil and sd 8. Tp Lift Asphalt Cmpletin Date Mnth/Year June 28 Cmpleted with Phase 1 July 28 July 28 29/21 (after lts are develped) July 28 29/21 c t be cnfirmed with Twn CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, TOWN OF TILLSONBURG