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Home My WebLink About92-162 . . ) .. .. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92-162 Being a By-law to authorize the execution of an agreement between The Corporation of the Town of Newcastle and Manufacturers Life Insurance for the purchase of certain lands required for the widening and upgrading of King Street (Highway No.2) in the Town of Newcastle. WHEREAS the Municipal Act, R.S.O. 1990, Chapter M.45, Section 191 (1), states that: "The Council of every corporation may pass by-laws for acquJ.rJ.ng or expropriating any land required for the purposes of the Corporation ..."; WHEREAS The Corporation of the Town of Newcastle requires certain land for the widening and upgrading of King Street; NOW THEREFORE The Corporation of the Town of Newcastle enacts as follows: The Mayor and Clerk be authorized to execute on behalf of The Corporation of the Town of Newcastle, and seal with the Corporate Seal, an Offer to Sell from Manufacturers Life Insurance Company, attached hereto as Schedule "A", that portion of Lots 14, 15 and 16, Block D, C. G. Hanning's Plan in the Town of Newcastle (former Town of Bowmanville), designated as Part 2 on Reference Plan 10R-3914 and Part 1, Plan 40R-14151. BY-LAN read a first and second time this 22nd day of June, 1992. BY-LAN read a third time and finally passed this 22nd day of June, 1992. f4'4~/~/~A V MAYOR ~~~ TY CLERK , , . "..-. , < , . OFFER TO SELL Manufacturers life Insurance Company, as Vendor(s) hereby agrees to and with The Corporation of the Town of Newcastle, as Purchaser, to sell all that portion of Lots 14, 15 and 16, Block D, C.G. Hanning's Plan in the Town of Newcastle (former Town of Bowmanville) designated as Part 2 on Reference Plan 10R-3914 and Part 1, Plan 40R- 14151 at the price of SIXTY TIlOUSAND ------------ ($6~,OOO.OO)----------- DOLLARS payable on closing, which sum includes all compensation to which the Vendor(s) may be entitled under any statute of the Province of Ontario in reference to the construction, diversion, widening of the Municipal Road on which the lands described abutt, including compensation for severance, injurious affection or otherwise arising howsoever. ADDmONAlL Y, the Purchaser agrees with the Vendor(s) to the following terms and conditions: 1. On closing, the Purchaser shall grant a license in the form annexed as Schedule "A" to the Vendor, its tenants and sub-tenants and their respective invitees for the purpose of parking cars on those lands owned by the Purchaser and being part of the Frank Street Road Allowance designated as Parts 2 and 3 on Plan 40R-14151 for a term ending March 31, 2012. 2. On closing, the Vendor, its tenants and sub-tenants shall quit claim and release any right, title or interest in those lands designated as Part 1 on Reference Plan 10R- 3914 to the Purchaser. 3. On closing, the Vendor shall deliver to the Purchaser a Quit Claim, release or such other assurance as the Purchaser may reasonably require from the tenant or sub- tenant of the Vendor in respect of their interest, in the lands designated as Part 2 on Plan 10R-3914 and Part 1 on Plan 40R-14151. 4. The Purchaser agrees to pay reasonable legal fees for the legal services required by the owner to complete the transaction. PROVIDED the title is good and free from all encumbrances. The Purchaser is to be allowed until closing to investigate the title at its own expense and if within that time it shall furnish the Vendor in writing with any valid objection to the title which the Vendor shall be unable or unwilling to remove, and which the Purchaser will not waive, this agreement shall be null and void. Adjustments to be proportioned and allowed to the date of completion of the sale. TIllS OFFER TO BE ACCEPTED BY TIlE Purchaser within sixty (60) days of the date herein, otherwise this offer become null and void; and the sale to be completed on or before fifteen (15) days from the date of acceptance hereof on which date vacant possession of the said premises is to be given to the Purchaser. This Offer, when accepted, shall constitute a binding contract of purchase and sale and time in all respects shall be the essence of this agreement. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement or the real property or supported hereby other than as expressed herein in writing. UPON acceptance of this offer by the Purchaser, the said PurchaSer by its servants and agents shall have the right to enter upon the property intended to be conveyed hereby for the purpose of reconstructing King Street. . ) , . -2- This offer may be accepted by a letter delivered to the Vendor or mailed. postage prepaid addressed to the Vendor c/o Messrs. Tory, Tory, DesLauriers & Binnington, ATTENTION: Paul D, J}Jundy. It shall be a condition precedent to the obligations of both the Vendor and the Purchaser to complete the transaction contemplated herein that the Vendor is able to obtain from its tenant and subtenants all acknowledgements, quit claims or other instruments required by the Purchaser pursuant to this Agreement. If the Vendor is unable to produce any such documents, this Agreement shall, at the option of the Purchuer, be at an end. Time .hall be of the essence. The Purchaser may, at its option from time to time, extend the date of completion of this agreement up to 80 days. The Purchaser shall give the Vendor or the Vendor's counsel written notice of any such extension. The Purchaser shall restore, to a condition similar to that which existed prior to construction, any damage to the Vendor's parking lot which may result from the fvrcJ\4.ser\s:Vendol'lt construction activities and shall re-stripe that portion of the Vendor's parking lot damaged by the Purchaser's construction activities all at the Purchaser's expense forthwith after construction. DATED this 1'l-fJ... day of June. 1992 MANUFACTURERS LIFE COMPANY ~-.A.':L'C~ INSURANCE By; Name; Title: David F. Allison Vice President Real Estate Investmenf And By: Name; Title: This offer accepted by the Purchaser this ~ ^CJ day of June. 1992. THE CORPORATION OF THE TOWN OF NEWCASTLE . r- " '. OFFER TO SELL Manufacturers life Insurance Company, as Vendor(s) hereby agrees to and with The Corporation of the Town of Newcastle, as Purchaser, to sell all that portion of Lots 14, 15 and 16, Block D, C.G. Hanning's Plan in the Town of Newcastle (former Town of Bowmanville) designated as Part 2 on Reference Plan 10R-3914 and Part 1, Plan 40R- 14151 at the price of SIXTY TIlOUSAND ---- (560,000.00)---- DOLLARS payable on closing, which sum includes all compensation to which the Vendor(s) may be entitled under any statute of the Province of Ontario in reference to the construction, diversion, widening of the Municipal Road on which the lands describedabutt, including compensation for severance, injurious affection or otherwise afising howsoever. ADDmONAlL Y, the Purchaser agrees with the Vendor(s) to the following terms and conditions: 1. On closing, the Purchaser shall grant a license in the form annexed as Schedule "A" to the Vendor, its tenants and sub-tenants and their respective invitees for the purpose of parking cars on. those lands owned by the Purchaser and being part of the Frank Street Road Allowance designated as Parts 2 and 3 on Plan 40R-14151 for a term ending March 31, 2012. 2. On closing, the Vendor, its tenants and sub-tenants shall quit claim and release any right, title or interest in those lands designated as Pan 1 on Reference Plan 10R- 3914 to the Purchaser. 3. On closing, the Vendor shall deliver to the Purchaser a Quit Claim, release or such other assurance as the Purchaser may reasonably require from the tenant or sub- tenant of the Vendor in respect of their interest, in the lands designated as Pan 2 on Plan 10R-3914 and Part 1 on Plan 40R-14151. 4. The Purchaser agrees to pay reasonable legal fees for the legal services required by the owner to complete the transaction. PROVIDED the title is good and free from all encumbrances. The Purchaser is to be allowed until closing to investigate the title at its own expense and if within that time it shall furnish the Vendor in writing with any valid objection to the title which the Vendor shall be una~le or unwilling to remove, and which the Purchaser will not waive, this agreement shall be null and void. Adjustments to be proportioned and allowed to the date of completion of the sale. nus OFFER TO BE ACCEPTED BY TIlE Purchaser within sixty (60) days of the date herein, otherwise this offer become null and void; and the sale to be completed on or before fifteen (15) days from the date of acceptance hereof on which date vacant possession of the said premises is to be given to the Purchaser. This Offer, when accepted, shall constitute a binding contract of purchase and sale and time in all respects shall be the essence of this agreement. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement or the real property or supponed hereby other than as expressed herein in writing. UPON acceptance of this offer by the Purchaser, the said PurchaSer by its servants and agents shall have the right to enter upon the property intended to be conveyed hereby for the purpose of reconstructing King Street. -- .. , -2- This offer may be accepted by a letter delivered to the Vendor Of mailed. postage prepaid addressed to the Vendor c/o Messrs. Tory, Tory, Deslauriers & Binniniton, A TIENnOti;. ~. It shall be a condition precedent to the obligations of both the Vendor and the Purchaser to complete the transaction contemplated herein that the Vendor is able to obtain from its tenant and subtenants all acknowledgements, quit claims or other instrumenta required by the Purchaser pursuant to this Agreement. If the Vendor is unable to produce any such documents, this Agreement ahall, at the option of the Purchuel', be at an end. Time .hall be of the essence. The Purchaser may, at its option from time to time, extend the date of completion of this agreement up to 80 days. The Purchaser shall give the Vendor or the Vendor's counsel written notice of any such extension. The Purchaser shall restore, to a condition similar to that which existed prior to construction, any damage to the Vendor's parking lot which may result from the Purc:J\4.ser\s\leddor~. construction activities and sha]] re-stripe that portion of the Vendor's parking lot damaged by the Purchaser's construction activities all at the Purchaser's expense forthwith after construction. DATED this 1'1+" day of June, 1992 MANUFACTURERS LIFE INSURANCE COMP~'Y -- U -?'J ';"~., ~y; Name; Title: !)~v1d f. Allison \... - \: "1 p~l.~s:de:1t "'- ~~-'.-i r::...,; l"+~ 1 nvestment And By: Name; Title: This offer accepted by the Purchaser this d:;J ncJ day of June, 1992, mE CORPORATION OF THE TOWN OF NE\\'CASTLE .. , SCHEDULE "A" LICENCE May 7/92 This Licence made as of th~NI day of ~ nc. , 19 q ~ DElWEEN: THE CORPORATION OF mE TOWN OF NEWCASTLE (hereinafter called the wUcensor") - and - MANUFACTURERS LIFE INSURANCE COMPANY (hereinafter called the wlJcenseeW) WHEREAS: A. The Licensee is the registered owner in fee simple, subject to certain leases, of the lands and premises more particularly described in Schedule "A" hereto (the "Adjoining Property"); B. The Licensor and the Licensee understand and agree that the lands more particularly described in Schedule "B" (the "Premises") comprise a portion of Frank Street that is untravelled; and C. The parties have agreed to make this Licence to permit the Premises to be used for the overflow of passenger road vehicle parking of customers invited by the Licensee or any person in lawful occupation of any portion of the premises located on the Adjoining Property. WITNESSEm THAT the Licensor licences to the Licensee and the Licensee licences and takes from the Licensor, subject to the terms and conditions set forth herein the part of the untravelled portion of Frank Street comprising the Premises, to be used and occupied by the Licensee for the purpose only of overflow parking of passenger motor vehicles for customers invited by the Licensee or a person in lawful occupation of any portion of the premises located on the Adjoining Property, for a term commencing on the day of , 19 and ending on the 31st day of ~arch, mi", subject to earlier termination as hereinafter provided. 20 1 :c This Licence is made upon the following terms and conditions, which the Licensor and the Licensee covenant and agree to keep and perform: 1. Licence Fee The Licensee shall pay licence fee of Two ($2.00) Dollars in advance on the first day of the term of this licence. 2. Allowable Use The Licensee, its tenants, sub-tenants and invitees sha1l use the Premises only for the purpose of temporary parking of motor vehicles during business hours. The Licensee sha1l paint and maintain parking spaces in accordance with a plan submitted to and approved by the Director of Public Works of the Licensor. The use of the Premises shall be subject at all times to the right of the Licensor, the Regional Municipality of Durham or any supplier of public utilities to enter upon the Premises to construct, operate and maintain such watermains, sanitary sewers, conduits, pipelines, cables or other installations (the "Works") as may be required from time to time across, under and through the Premises together with the right of such parties. their servants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the Premises at all times and to pass and re-pass thereon for the purpose of installing, constructing, reconstruction, e:umining, altering, repairing, renewing or replacing and maintaining the Works or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate upon the Premises. The Licensee hereby releases the Licensor from any and every claim which may or might arise out of the exercise by the Licensor, the Regional Municipality of Durham or any other supplier of public utilities of any of the rights hereby granted or which may arise out of the existence, operation, construction, reconstruction, examination, repair, renewal, replacement and maintenance of the Works. 3. Authority to Make A~eement The Licensee acknowledges and agrees that the Licensor has authority to enter into this Licence, that every provision hereof is authorized by law and is fully enforceable by the parties and that this Licence is made by the Licensor in reliance on the acknowledgement and agreement of the Licensee. 4. Maintenance and Repairs The Licensor shall have no responsibility or obligation of any nature whatsoever with respect to the repair or maintenance of the Premises. The Licensee shall maintain the Premises during the term of this licence as a paved area to reasonable standards and to the satisfaction of the Director of Public Work of the Licensor at the cost of the Licensee. " (b) (c) 10. (a) (b) 11. - 2 . s. Services The Licensor shall not be required to fwuish auy services or utilities to the Premises during the term of this licence. The Liceasee assumes fu1] aud sole responsibility for the supply of and payment for such services and utilities, if auy are required by the Licensee. 6. Surrender of Premises At the expiration of the term of this licence, the Licensee will peaceably yield up to the Licensor the Premises and the Licensee shall eDSure that the Premises are in the same condition as is required to be maintained pursuant to Article 4. 7. ~ction . The Lic:ensor shall have the right at aD reasonable times during business bours to inspect the Premises. 8. IDSurauce The Liceasee shaD maintain or cause to be maintained liability insurance naming the Licensor and the Licensee and any occupant as insured, in the amount of at least Two Million ($2,000,000.00) Dollars. The Liceasee shall deliver to the Treasurer of the Licensor a policy of insurance certified aud signed by the insurer forthwith after requested to do so. 9. 11m (a) The Licensee shall pay for all taxes, special or other assessments aud other governmental charges (hereinafter called "real estate taxes") levied or assessed upon the Premises and the improvements which may be situate thereon, provided the same are due aud payable during the term of this licence. Any real estate taxes (or installments thereof, if payable in installments) shall be apportioned so that the Licensee shall pay only that portion of real estate taxes as falJs within the term of this licence. If allowed by law, the Licensee may pay for real estate taxes in installments. The Liceasee shaD not be obligated to pay auy income tax, tax on rents or rentals, profits tax, excise tax or other similar tax charge that may be payable by or chargeable to the LiceDSor under any prescnt or future law of the Province of Ontario in which the Premises are located. The Liceasee shall have the right, by appropriate proceedings, to protest or contest any assessment or reassessment for real estate taxes, or any special assec.c.ment, or the validity of either, or of any change in assessments or the tax rate. The Liceasee shall be entitled to receive auy tax refunds properly allocatable to the term of this licence, as it may be extended, aud relating to taxes paid by the Liceasee, as a result of auy such contests or proceeding.40, Compliance With Law During the term the LiceDSee shall, at its sole cost and expense, promptly comply with all laws, ordinances, orders, rules, regulatioDS aud requirements of all federal, provincial aud municipal governments aud governmental agencies, which are applicable to the Premises, to the improvements which may be situate thereon, or to the use, manner of use or occupancy thereof. After prior notice to the Licensor, the Liceasee shaD have the right to CODtest by appropriate legal proceC'.t4inV at the Liceasee's sole cost aud expense and with counsel of the Liceosee's choosing. the validity of auy law, ordinaDce, order, rule, regulation or requirement with which, by the provisiODS of this licence, it is obligated to comply. If by the terms of any such law, ordinaDce, order, rule, regulation or requirement, compliance therewith may be legally held in abeyance without inauring auy lien or charge of record against the Premises, aud without subjecting the Licensor to any fines, peulties or any other liability for failure to comply therewith, the Liceasee may postpone compliance until the final determination of auy such proceetlinV. provided that all proceedin~ shaD be prosecuted with due diligence. Default If the Liceasee shaD default in the performance of any of its obligatioDS under this licence and if such default shall continue for five days after notice thereof from the Licensor specifying in what manner the Licensee has defaulted (except that if such default cannot be cured within said five-day period, this period shall be extended for a reasonable additional time, provided that the Liceasee commences to cure such default within the five- day period aud proceeds diligently thereafter to effect such cure), the Licensor may cure such default aud auy costs aud expenses incurred by the Licensor therefor shall be deemed additional rent, or the Licensor may lawfully enter the Premises aud repossess the same as of the former estate of the L!ceDSor. .. - 3- 12. Notices AIsy notice, request, communication or demand under this Licence shall be in writing and shall be considered properly delivered when given or served personally or by registered mail to the Lessee at 40 Temperance Street, Bowmanville, Ontario, Attention: Ms. Patti L. Barrie, Town Clerk and the Licensee at . Such notice, request or demand shall be deemed to have been delivered on the date it is delivered if given or served personally or on the third day following mailing, if it is mailed. If at any time notice is delivered by mail and there is any cessation (whether anticipated or existing) of mail service affecting the delivery of such notice, the notice shall not be deemed to have been delivered until five (5) business days after the date that normal mail service is restored. 13. AssiiDment and Sub-licence The Licensee may not assign this licence or lub-licence aU or any part of the Premises at any time during the term hereof without the consent of the Licensor which consent may be unreasonably withheld escept in the cases of an nc.igl"ment to a purchaser or mortgagee of the Adjoining Property or a lublease to a tenant of any portion of the Adjoining Property, provided that the purchaser, mortgagee or lub-lessee, as the case may be, enters into a written agreement with the Licensor to perform the duties of the Licensor under this License Agreement. 14. Non-Exclusive Licence The Licensee acknowledges that this licence of the Premises is non-exclusive. The Licensee shall have the fll'st right of use of the Premises for the purpose set out herein subject to the right of others to use the Premises when the Premises are not in use by the Licensee. 15. Indemnity of Licensor The Licensee shall defend the Licensor and hold the Licensor harmless from and against aU claims, actions, losses, damages and expenses (including reasonable legal fees) incurred by the Licensor in connection with the loss of life, personal injury or damage to property caused during the term of this licence, in whole or material part, by the act or omission of the Licensee, its agents, employees, licensees, invitees or contractors, arising (i) from any occurrence in or on the Premises, or (ii) from the use by the Licensee of any part of the Premises, or (ill) from any work undertaken by the Licensee on the Premises; provided that the provisions of this Article and the indemnity hereunder shall not be applicable when such claims, actions, losses, damages or expenses are caused wholly or in material part by the act or omission of the Licensor, its agents, employees, contractors, licensees or invitees. The Licensee shall have the right to defend, at its own expense and by counsel of its own choosing. and shall defend, against any claim to which the aforesaid indemnity agreement would apply, and the Licensor's right to defend or settle any such claim shall be limited to those cases where the Licensee has failed or refused to defend. 16. CounteT9arts This licence may be executed in several counterparts, each of which shall be deemed to be an original, and all counterparts shall constitute one and the same instrument. This licence shall not be binding and in effect until at least one counterpart, duly executed by the Licensor and the Licensee, has been delivered to each party hereto. 17. Re~stration of Licence The Licensee shall not register this licence or notice of this licence against the title to the Premises. 18. Goveminll Law This licence shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the parties submit to the jurisdiction of the courts of the Province of Ontario in order to enforce this licence. 19. Invalidity U any term, covenant or condition of this licence to any extent is held invalid or unenforceable, the remainder of this licence shall not be affected thereby and each term, covenant and condition of this licence shall be separately valid and enforceable to the fullest extent permitted by law. 20. Miscellaneous (b) No remedy or election given by any provision in this licence shall be deemed exclusive unless so indicated, but each shall, whenever possible, be cumulative in addition to aU other remedies in law or equity which either party may have arising out of the default of the other party and failure to cure such default within the applicable grace period. Failure of either party to cure a default of the other under this licence Pall not render such non- defaulting party in any was liable therefor, or relieve the defaulting party from any of its obligations hereunder. (a) , .4- 21. Bindine Apeement This licence shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. 22. Entire Aireement This licence contains the entire agreement of the parties and shall not be modified except by an instrument in writing which is signed by both parties. IN WITNESS WHEREOF, this licence has been duly executed by the parties hereto as of the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCAS11..E By: By: Name: Title: And: Name: Title: SCHEDULE -A- DESCRIPl'ION . .. I .\ II I I I ALL AND SINOULAR that certaln paroel or traot of land and pl'elili sltuate, lyiM and belng in the Town of Bowmanville County o-f . Durham, and Provinoe of Ontar1o, be1nr: oomposed of Part of Lot D11 of Lot lS and parts of Lots 16, 18, 19, )3 and )4, Bloot D: acoordlng to a plan of thp. sald Town .a~e by C.G. Hann1ng, f.:L:~ dated the )Oth day of June, 1869, wh10h plan 1s in the Reg1Etrw. Offioe ~or the Reg1stry D1vis1on of the said County ofDurfiam 'tQ boundkr1es of 8a1d parcel be1ng described as follows:- ;~.". . . COHN1::NCING at a p01nt in the south lim1t of K1ne; Street (H1g;'..~:C.~~ J.!o. 2) a d1stlmce of Two hundred and Pifty ~eet (ZSO ,) measlired: Westerly therea10ng ~rom the 1ntersect1on of Ba1d lim1t W1th.~~o west lim1 t of .simpson Avenue; · - II ! . TH1::NCE Southerly parallel to the 8aid west 11m1t of Simpson Avem Three hundred ~eet ()OO'); THENCE Easterly parallel to the south l1m1t of K1ng Street pre- viously ment1oned, One hundred and Fourteen feet, Two and three- quarte~ inches (114' 2_)/4"); THENCE Northerly par~llel to the sald west limit of Slmpson Aven, Three hundred feet ()OO') to a point 1n the south l1mlt of Klng Street a dlstance of One hundred and yourteen feet, Two and threl ouarter inches (114' 2-J/4") meesured Easterly therealong from tl point of commencement; , THENCE Westerly along sald south llmlt of Klng Strep.t One hundrec and ,to'ourteen feet, Two and three-quarter inches (114' 2-3/4") to I the p01nt of commencement. I I TOGETHER w1 th an easement for the purpose of the. malntenance, reo pal~ and/or replacement of a cert?1n gas llne ln, over, along anc upon a strlp of the lands immedlately adJ01n1n~ to the e~st of tr I lands hereln descrlbed, and for every suoh purpose the owner and/ il tenant from tlme to time of the lands here1n descr1bed shall have access to the said lands at all tlmes by its servants. employees ; and workmen. and the owners or tenants of the lands herein desor1 I sh~ll be fully respons1ble for all costs lnvolved 1n restorlng tr I sa1d lands to the Sal'le oondi tlon ln whlch they shall have been .i found 1mmed1ately prior to the commencement of such work, and fOI I; the performanoe of such work in a prompt and workman11ke manner, 'I fa1l1ng wh1ch the Ol'mers or tenants from tlme to tlme of the lene hereln lmmed1ately adjolning to the ~ast, at thelr opt1on, may !, ?erform any work that becomes necessary to proteot the1r bui1di~ I and/or lands upon which lt is construoted and to recover any I: amounts so expended from the O\1ners or tenants of the lands herei ! descr1bed. 'l'he sald strip shall be Six foot (6') in perpend1cu1e . wldti:, the centre 11ne of whloh extends easterly from the ~asterl boundary of the lands hereln desor1bed commenc1ng at a point 1n t sald ~asterly bound~,ry Th1rty-elght feet, .:ilx inohes (J8' 6") mor or less measured Hortherly therealong from the Southerly 11mit of the lands here1n described to a po1nt 1n the Westerly limit of I Simpson Avenue, measured Northerly therealonga d1stanoe of Forty jthree feet (43') more or less from the point where the extenslon of the ~outherly boundary of the hereln desoribed lands 1ntersect the sald Westerly limlt of Simpson Avenue. I 'I " 'I I- " I. I; 'I " II .. II II Ii f II I! SUB~CT to an easement in favour of the owners or tenants from time to t1me of the lands immediately adjoining to the e&st of th lands hereln f1rst1y desoribed, for the purpose of the m~1ntenanc repa1r and/or replacement of a slx lnch (6") sanitary sewer l1ne and two one lnch (1") water lines 1n, over, a10DR and upon a str1 of the lands hereln described, whioh strl? cont~lns ell of the last referred to lines; and for every such purpose the sa1d ow~er or tenants from time to time ahall have access to the sa1d lanes by thel'r servants. employees and workmen, l'!ovided that any work~ taken upon this easement by the owners or tenants from time to t. of"the lands i~~ed1ately adjo1nl~ to the east shall be perforrr.e: in a prompt and work~anlike manner and in such a manner that not more than 25% of the length of the easement shall be opened for exoavatlon at anyone tlme and that in no wa:; whatsoever shall . aocess to the rear entrance of the bUild1ng standing on the lane herein descr1bed at the date hereof be impeded, under the ci1rect: II ___IL .---.-- ; ':.. ~ .. '. II I , -2- . . . . . . . . . of an arch1tect or eng1neer appo1nted by the owners or tenan~J'" from t1me to time of the lands here1n described and the owneru ~,. I or tenants of the lands imroecUately adjo1ning to the east ahal'l-. I' be (~~ll responsible for all costs imolved ln restorlng the .,", " I lan~sld~~cr1bed to the same condition 1n wh1ch they ahall havo ,~,' ~'I been found 1mmed1ately pr10r to the commencement of such work,..,. I and tor the performance of such work 1n a prompt and wory.manJ,.1ke manner, ta111ng \llh1ch the Olmers or tenants trom t1me to t1m6; -~f ~t 'e lands hereln described, at the1r optlont.may perform any work th~tlll becomes necessary to protect the1r bu11nlng and/or lands upon whic ' 1t 1s constructed and to recover any amounts so expended trom.the I owners or tenants of the lands 11DI:led1ately adj01n1ng to the ~Eotit;. The sald strlp shall be S1x ~oot (6') ln perpend1cular w1dth,' th~ ,: centre l1ne of whlch extends Westerly trom the Easterly boundary: I of the lands here1n descrl-bed commenclng at a po1nt in the sal~" , Easterly boundary Th1rty-flve feet, Slx 1ncpes (35' 6") more or jr less measured Northerly therealong from the Southerly l1m1t of the lands here1n descrlbed to a p01nt in the Easterly boundary of " Frank Street, measured Northerly therealong a d1stance of Th1rty feet (30') more or less trom the point where the Southerly boundar; of the hereln descrlbed lands 1nteraects the sa1d Easterly boundari' of Frank Street. J TOG~~HER wlth an easement ln favour of the owners or tenants from tlme to tlme of the lands here1n descrlbed ln, over, along and upo . the whole of the lands lmmed1ately adJolning to the east of the ,1) 'lands herein descrlbed, (except1ng only such part of the sald land I~ l~nediately adjolning to the East on wh1ch at the date hereof, foundations for a build1ng 100' 0" by 80' 4-3/4" ln d1mensions and I load1ng platforms attached thereto have been constructed), and all I I entrances to the sald adjoining lands from S1mpson Avenue on the l I East and King Street on the North, for the purpose of lngress and egress of pedestr1ans and vehicles of all k1nds to and from the 1 lanus herein described over the lands adJ01ning to the East, end for the purpose of parkine by the customers of the owners or tenant from time to t1me of the lands herein descr1bed on that part of thi ,lands adjo1nlng to the East deslgnated as park1ng areas ln front II lof the north of the bu11ding above last referred to the lands 1'/lmmediatelY adJolning to the East and the subject of th1s easement ,be1ng moreparticulerly descr1bed as follows: I: ALL .Al\'D SINGUUR that certa1n parcel or tract of land and prem1ses ,Isituate, lying and bein~ in the Town of Bo\~anv1l1e, County of II'Durham, Prov1nce of Ontario, being composed of Lot 17 and parts of I ! Lots 16, 18, and 34, Block D, accord1ng to a plan of sald Town I mnde by C.G. Hann1ng, P.L.'::;., dated the JOth day of June, 1869, ,I Ii which plan 1s 1n the Rerristry Office for the Heg1stry D1vis1on of II Ithe said County of Durham, the boundarles of said parcel belng 'I /: described as follows: ,. Ii COj'b',ENCI!IG at the intersection of the South limit of K1~ Street 'I I (H1ghway No.2) with the \-Jest limit of S1mpson Avenue; 'I I! I 'I 'THENCE Southerly along the said West llmit of S1mpson Avenue, ' I Three hundred feet (JOO'); . II III ~'HENCE \'lesterly parallel to the South llm1t of Kl~ Street One ! I hundred and Thirty-f1 ve feet, nine and one quarter lnches (135' 9; 'D ; 1 -' IIITH~NCE Northerly parallel to said West limit of S1mpson Avenue Three hundred feet (300') to a point 1n the South l1mit of King II Street dlstant One hundred and Th1rty-five feet, nine and one- I quarter lnches (13.5' 9i") }Jesterly therein from the point of I I com."lencement; i i 1'1 ITH~HCE Easterly along said South 11m1t of K1ng Street One hundred I and 'l'hirty-fi ve feet, nine and one-quarter lnches (135' 9$.") to Ithe po1nt Of co~~encement. , SUBJECT to an easement 1n favour of thp. owners or tenants fro~ time to time of the last descrlbed land lm.~ediately adj01ning to , the East 1n over alone and upon the whole of the lands herein II described (except!.~ such part of the l~nds descr1 't.~d hare-in _., I occ:.101ed at the date hereof by a bu1ld1ng Seventy-f1ve feet, ;'1ve I and seven-e1c;hths inch'!!s (75' 5-7 /8") in width at the front by I I! a depth of One hundred and Th1rty-two feet, one and three-quarter " II r I I, II iI " 'j !I ;/ I Ii 'I I. II " ;1 !I ji " " ,I .: .1 ~ I Ii \, .. d r I' II I .1 I, iI Ii I' !. i. I! Ii II II " .; II .. " ~ i Ii .' lo r ;1 " :' ;1 '. I. I: Ii I, I' I' I 'I ,. ., Ii .1 ;. r :1 .1 !i j: :i , I, j! I' :1 Ii ii 1\ I! Ii II I! II I I I . I I' ~ ~- 'I inches (132' 1-3/4") (One hundred and five feet, One and one.- quarter inches (lOS' lilt) in width at the rear) in dimensions Q1 loading platforms att~ched thereto), and all the entrances to "tr said lands herein described from Frank Street on the \lest ar,d Kine Stre~t on the North, for the purpose of ingress and egresb of pedestrians and vehicles of &11 kinds to and from the lar.Gb imI!lediately adjoining to the East over the herein described "land. and for the purpose of parking by the customers of the ownel"S 01' tenants from time to time of the lands immediately adjoini~ to the ~ast on that ~~rt of the lands herein described designat~d ~ as parkine areas in front of and to the North of the bui1di~g. " _ abo~e last referred to. - , . .. .... ., I Save and except part of Lots 14, 1S, 16, Block D, e.G. Hanning's Plan, in the Town 0 Newcastle (former Town of Bowamanv1l1e) Regional Municipality of Durham, designatec as Part 2 on Reference Plan lOR-3914 and Part 1 on Reference Plan 40R-14151. t I Ii II II I i I ,I I: , t - 5 - SCHEDULE -B- Part of Lot 14, Block D, e.G. Hanning's Plan in the Town of Newcastle (former Town of Bowmanville), Regional Municipality of Durham designated as Parts 2 and 3 on Reference Plan 4OR.14151. DYE & DURHAM CO. LIMiTEO Form NO. 970 ... ..- ~ Pr!1l~ince of Ontario Transfer/Deed of Land ...... Form 1 - L8nd Regi.lnlt1on Reform Act, 1984 A (1) Registry !Xl (3) Property I dentlfter(.) Land Titles 0 1(2) Page 1 of 2 Block Property pages , 0' ..q- '-.0 c:::::j- 0-' f'I'") ; P"" ::J" g <( Additional: See 0 Schedule c.o :J ocC C"ooot 0- g: , \i~ \ ^- .~ ,....: .,\' ....:.~ '"......... l. 8?C \ ~~ \" (4) ConIIderetIon SIXTY THOUSAND ------------------- Dollars $ 60,000.00 (5) Description This is a: Property 0 Property 0 Division Consolidation Parts of Town Lots 14, 15 and 16, Block "D", according to C.G. Hanning's Plan of Part of Lot 10, Concession 1, of the former Town of Bowmanvil1e, now in the Town of Newcastle in the Regional Municipality of Durham designated as Part 2, Plan10R-3914 and Part 1, o Plan 40R-14151 cr Additional: See Schedule Execution. Additional: See 0 Schedule (I) This (a) Redescription (b) Schedule for: Document New Easement COnWM Plan/Sketch 0 Description 0 Additional Parties 0 Other 0 (7) In.....tIE.bIte Tl'lIftSferred Fee Simple (8) TI'lIMferor(.) The transferor hereby transfers the land to the transferee ~JCr:ICHJIM_KIlnllClllB1tlll~JOkDfIl!aUhll1t Date of Signature . . . . . . . . . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Y M 0 . Name{s) Signature. (s) ~~ : ;.' . .,: : Ll .~E,':~Yf~9rV~F;~S. LIFE ;r~~l)~GF; GO:M:P.W...... ..... ~~.r:'....... .\....... H~~? .iQ?l.i.t: Name: . I l! Title: David F. Alltson i! i . . ., ..... ......... Vice 'P'rcas\dC'nt. . . . . . . . . . . . . 1 . . . . . .!. . .\ . . . . . . . . . . . . .. .~~~~:.. L..~~~l,~v.e~t.~e.n~. . . . . . . j~~~~. .I?? j .'.~ Title: t\j~ . &_x-: :: DIQ.~~ ~.t. ,~~, : !. ! We have authoritv to bind the Cdrnoratiion: Date of Signature Y M 0 (9) Spouse(.) of Transferor(.) I hereby consent to this transaction Name(s) Signature(s) ! !! : : I . . . . . . . . . . . . . . . . . . . . . . . . . .. .. ..,..... ',!" . I" .. : ' (10)Tl'lII'IsfeI'or(.) Add..... for ServIce (11 ) TraMferee( s) 250 Bloor Street East, Toronto, Ontario M4W 1E5 Date of Birth Y M 0 , I, .~H~. CORPORATION OF THE TOWN OF ~~~~~~~~.............................. ........ J......I... J.... I !! ! !! , " "' .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .... .. . . . 1 . . ... . '!' . . : .. . ": . ! ! i; I : I . .. ...............,........................... l' . . . . '10 . . i . . . . ! l: I ! I , (~2) TI'lII'Is1eree(.) Add..... forServlce 40 Temperance Street, Bowmanville, Ontario L1C 3A6 (13)T.....teror(.) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the Planning Act, 1983. Date of Signature Date of Signature ! Y i M! Di . ! Y i M 1 0 Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . l . . .: Signature...........................! . . . . . .:. . . ~ . . . . SoIldtor for Tl'lInsferor(.) I have explained the effect of section 49 of the Planning ACl, 1983 to the transferor and I have made inquiries of the transferor to determine that this transfer does not c')ntrave...e that section and baSed on the information supplied by the transferor, to the best of my knowledge and belief, this transfer does not contravene that section. I am ar Ontario solicitor in good standing. Date of Signaiu~ Name and i Y I ~I. f) Address of .. t : :! Solicitor . Igna ure.. ...... ...... . . . .! .. .. :....,.... .;)J <( z o f o I 13 ~ (14) SolIcItor for Tt'8NfeIwe(.) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records <iC. ~I ~ reveal no contravention as set out in subclause 49 (21 a) (c) (ii) of the Planning Act, 1983 and that to the bast of my knowledge and belief this ~ i::-Illl transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario ./: ~!. Xl solicitor in good standing. c .S!...~ I. 'Ill... a;.g!:: .!:llse ~ii! '0 (/) Name and Address of Solicitor Date of Signature Y M 0 Signature. . . . . . . . . . . . . . . . . . . . . . (15) AIa..ment Roll Number of Property (18) Munlclpel Add..... of property King Street Bowmanville, Ontario Cty. Mun,! ! Map I SUb.! Par. T: !! not assigned (17) Document Prepared by: Paul D. Blundy Tory Tory DesLauriers & Binnington Suite 3000, IBM Tower Toronto, Ontario M5K 1N2 TIT >.- ...J ~ Registration Fee w f/) ::::> .w o u: .1.1.. o Ice 10 uLfi Fees and Tax Land Transfer Tax ToW 1!1173 (12/84) Affidavit of Residence and of Value of the &n1i&;ation Form 1 - Land Transfer Tax Act Refer'fo"'all in~tructions on reverse side. IN THE MATTER OF THE CONVEYANCE OF (insertbrlefdescriptionofland) Part of Town Lots 14, 15 & 16, Block D 'v~TQwn of Newcastle Regional Municipality of Durham, desiqnated as Part 2, Plan 10R-3914 and Part 1, Plan 40R-14151 BY (print names of all transferors in fUll) The Manufacturers Life Insurance COmpany DYE & DURHAM CO. INC. . Form No. 500 Aml!nded 1991 The Corporation of the Town of Newcastle TO (see instruction 1 and print names of all transferees in full) I , (see instruction 2 and print name(s) In full) Nicholas T. Macos MAKE OATH AND SAY THAT: 1. I a m (place a clear marlc within the square opposite thet one of the following paragraphs that describes the capacity of the deponent(s)): (see instruction 2) o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; o (b) A trustee named in the above-described conveyance to whom the land is being conveyed; o (c) A transferee named in the above-described conveyance; ~ (d)TheX(K~OCaQeaKiX)Olicitoractinginthistransactionfor(lnsertname(s)ofprinclpal(s)) The Corporation of the Town of Newcastle described in paragraph(s) OOXXlKl, (c) above; (strike out references to inapplicable paragraphs) o (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (insert nama(s) of corporation(s)) described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) o (f) A transferee described in paragraph( ) (insert only one of paragraph (a), (b) or (C) above, as applicable) and am mak ing this affidavit on my own behalf and on behalf of (Insert name of spouse) who is my spouse described in paragraph ( ) (insert only one of paragraph (a), (b) or (c) above, as appticable) and as such, I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance exceeds $400,000). I have read and considered the definition of "single fam i1y residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance o contains at least one and not more than two single family residences. NDfI1: Clause 2(1)(d) imposes an additional tax at the rate of one-half of one per o does not contain a single family residence. cent upon the value of consideration in excess of $400.000 where the convey- o contains more than two single family residences. (see instruction 3) anee contains at least one and not more than two single family residences. 3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation" or a "non-resident person" as set out in the Act. (see Instructions 4 and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash . . . . .. .................... $ 60 ,000 .00 (b) Mortgages (i) Assumed (showprlncipaJ and/nterest to be credited against purchase price) $ nil (ii) Given back to vendor . . . . . . . $ ni I (c) Property transferred in exchange (detail below) ................... $ ni I (d) Securities transferred to the value of (detail below) . . . . . . . . . . . . . . . . . $ ni 1 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject. . . $ nil (f) Other valuable consideration subject to land transfer tax (detail below) ........ $ ni 1 All Blanks Must Be Filled/n. Insert "Nil" (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LANO TRANSFER TAX {Total of (a) to (f)) .................... (h) V ALUE OF ALL CHATTE LS - items of tangible personal property (Retail Sales Tax is payable on the value 0/ all chattels unless exempt under the provisions of the .Retail Sales Tax Act", R.S.O. 1980, c.454, as amended) . . . . $ (i) Other consideration for transaction not included in (g) or (h) above $ (j) TOTAL CONSIDERATION ....................... $ 5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6) For Road Widening Purposes $ 60,000.00 $ 60,000.00 Where Applicable. nil nil 60,000.00 6. If the consideration is nominal, is the land subject to any encumbrance? 7. Other remarks and explanations, if necessary. na na Sworn before me at the City of Toronto in the Municipality of Metropolitan Toronto <h;, ~C~ ~~yt~ 1992 A Commissioner for taking Affidavits, etc. ~ /' ~-~ signature(s) NiGhol~~ ~ M~~o~ For Land Registry Office Use Only Registration No. If Registration Date I Land Registry Office No. Property Information Record A. B. Describe nature of instrument: Transfer of Land (I) Address of property being conveyed (if available) Kinq Street, Bowmanville unknown C. (ii) Assessment Roll No. (if available) Mailing addressees) for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction 7) 40 Temperance Street, Bowmanville Ontario LIC 3A6 D. (I) Registration number for last conveyance of property being conveyed (if available) (ii) Legal description of property conveyed: Same as in D.m above. Yes D E. Namels) and addressees) of each transferee's solicitor SHIBLEY RIGHTON #1800 - 401 Bay Street Toronto, Ontario M5H 2Z1 School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? YesD No D (b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters? (c) Do all individual transferees have French Language Education Rights? Yes D No D (d) If Yes, do all individual transferees wish to support the French Language School Board (where established)? YesD No D NOTE: As to (c) and (d) the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in (a) and (b). unknown No D Not known []g YesD NoD 04490 (90.09) .,., ,iJ '.~ ,':, .' " ,. ... ~. DYE & DURHAM CO. LIMITED Form No. 970 ',( ~ Province of Ontario Transfer/Deed of Land Fonn 1 - Land Reglstl'llllon Refonn Act, 1984 A ...-. % o J: 4: 1= to a a.l ,'r I;~ ~~~ j,.. < u .. - f~, :3\U 2:0 r- .:::r Q <( f i Q: I ~:t: 'A,f.::,.. '\h?;;;' (D"l,"'- f\EE::~ I [;) lX: \ ' '._ a:: I '~; =) .:' =-10 "I \ " (1) Registry [B (3) property Identlfter(l) Land Titles 0 (2) Page 1 of 3 Block Property pages Additional: See 0 Schedule Ln '" ~ 0"', JV"", a- (4) Consideration TWO DOLLARS --------------------- Dollars $ 2. 00 c.:o =::> ..,q:: C"ooI c:r sz: (5) Descrtptlon This is a: Property 0 Division Property Consol,idation 0 Additional: See Schedule Parts of Town Lots 14, 15, 16 and 17, Block "D", according to C.G. Hanning's Plan of Part of Lot 10, Concession 1, of the former Town of Bowmanville, now in the Town of Newcastle, in the Regional Municipality o of Durham designated as Parts 1 and 2 on Reference Plan 10R-3914 and Part 1 on Reference Plan 40R-14151 c::3 New Property Identifiers Executions Additional: See Schedule o ($) This (a) Redescription (b) Schedule for: D~m.nt New Easement Co.,talnl Plan/Sketoh 0 Description 0 Additional Parties 0 Other 0 (7) Interest/EI"" Tl'llftlferred 1~~ Quit Claim (8) Tranlferor(l) The transferor hereby transfers the land to the transferee~~IIInI>>U""~~ Name(s) DOMGROUP LTD. Date of Signature , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s;nat~reisV'/' . .(. ;y~' , . . . .! 19;2 io; ~; ..................... ... ..... .N~~~:!~A.:<~.S.~t/~. ..1.....'!'..: ... Title: Pres; t ! i [ . . . . . . . 1 . . . . . .!. . . t . . . , " I :: . . . . . .i ~99~. .i97. 1~/. , " , " : :: , " I I.: Date of Signature Y M 0 ." (!I) Spoule(s) of Transferor(l) I hereby consent to this transaction Name(s) Signature(s) i , , : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ................................. 0;' . . . . . . . . 1 . . . . i i : ' (10)t~=':<I)Address Clo SUll'C 3XX\ 16m 1lJ[,(J(;!< 10(<{)flfTO OJ01ft{(W m5K I J~.J. (11) Transferee(s) Date of Birth Y M 0 I THE CORPORATION OF THE TOWN OF NEWCASTLE ' i, . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . J . . . . . .:. . . J . . . . : : I ! ! i . . . .0 .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . J. . . . . .:. . . l... . ! !! i i i . . . . . . . . . . . o. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . i. . . i . . . . i : t ! i! (12) Trarisferee(l) Address ~rS~ 40 Temperance Street, Bowmanvil1e, Ontario L1C 3A6 (13) Tranlferor(l) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the Planning Act, 1983. Date of Signature Date of Signature Y M 0 ,Y M.D ! I I . I :! Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . ; . . . i Signature...........................! . . . . . .:. . . l. . . . Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries of the transferor ;J, to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge Zo' " and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature i=" Nameand ! Y ! M: 0 ~ Address of . : :! o Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . .!. . . " . . . . I _ Q .!!!. (14) SolIcItor for T~I) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records 'll;,~I~ reveal no contravention as set out in subclause 49 (21a) (c) (Ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this j ~_I :r~: 1~o:t ~~~~r::,':.ne section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario _ ;;,2.- Name and Date of Signature 1$ .H Address of Y M 0 iC(]l,c Solicitor ! ~ .:....... w Signature,. . . . . . . . . . . . . . . . . . . . . . . . . . (1$) Asteeement Roll Number of Property (16) Municipal Address of Property Cty. Mun.l Map : Sub.! Par. , ' , , , , , , not assigned >. oJ ~ Registration Fee w en :> w () u:: u. o Ia: 10 iU. Fees and Tax King Street ~owmanville, Ontario (17) Document Prepllred by: Paul D. Blundy Tory Tory DesLauriers & Binnington Suite 3000, IBM Tower Toronto, Ontario Land Transfer Tax Total .,.;,:i I, t'Oil'73clHlIB41 \ ~'"'' DYE & DURHAM CO, LIMITED Form No. 990 , W 'Province of ~.."o On'lario Schedule Page s Form 5 - Land Reglstr8tJon Refonn Act, 1984 A4d1tlonal Property IdentIfter(a>> and/or Other InfOl'1Mtlon The name of Dominion Stores Limited was changed to Domgroup Ltd. by Articles of Amendment effective the 28th day of April, 1986 and registered as Instrument No. D39.32~6. ;., ,.i!",1D1&I<f,2I84k" . . ,,", . ........__ ....,., ,_..__ ~ Affidavit of Residence and of Value of the Co~{,.pation " Form 1 - land Transfer Tax Act Refer to "all i(l$tructions on reverse side. P t f T L t 14 15 1 IN IHE MATTER Of= THE CONVEYANCE OF (Insel1briefdescriptlonofland)ar 0 own 0 s , , 6 & 17, Block , D, ~own of Newcastle, Reg~onal Munici alit of Durham desi nated as P an 2 on Reference Plan 10R-39l4 and Part 1 on Reference Plan 40R-14l5l BY (print names of alltransferors in full) Domqroup Ltd. DYE .~ DURHAM CO. INC. - Form No. SOO ,.. Amended 1991 The Corporation of the Town of Newcastle TO (see instruction I and print names of elllransferees In full) I . (see instruction 2 and print name(s) In full) Nicholas T. Macos I MAKE OATH AND SAY THAT: 1. I a m (place a clear mark wIthin Ihe square opposite thaI one of Ihe following paragraphs Ihat describes the capacIty of /he deponent(s)): (_ Instruction 2) o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; o (b) A trustee named in the above-described conveyance to whom the land is being conveyed; o (c) A transferee named in the above-described conveyance; t9 (d)TheXiXDO~~EKlXlX)l)licitoractinginthistransactionfor(insertname(s)ofprinclpa/(s)) The Corporation of the Town of Newcastle described in paragraph(s) OOXXlKl, (c) above; (strike out references to Inappticable paragraphs) o (e) The President, Vice-President, Manager. Secretary, Director, or Treasurer authorized to act for (Insert name(s) of corporaliorl(s)) described in paragraph(s) (a), (b). (c) above; (slrike out references 10 Inapplicable paragraphs) o If) A transferee described in paragraph( ) (Insert only one of paragraph (B), (b) or (c) above, es applicable) and am mak ing this affidavit on my own behalf and on behalf of (Insert name of spouse) who is my spouse described in paragraph ( ) (Insert only one of paragraph (a), (b) or (c) above. as applicable) and as such, I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance exceeds $400.000). I have read and considered the definition of "single family residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance o contains at least one and not more than two single family residences. o does not contain a single family residence. o contains more than two single family residences. (_Instruction 3) No"': Clause 2(1)(d) imposes an additional tax at the rate of one-half of one per cent upon the value of consideration in excess of $400,000 where the convey- ance contains at least one and not more than two single family residences. 3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the ab.ove-described conveyance is a "non-resident corporation" or a "non-resident person" as set out in the Act. (_Instructions 4 and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (b) Mortgages (i) Assumed (show prlnclpsl and InleresllO be cffldlled agelnst purchase price) $ (ii) Given back to vendor . . . . . . . $ (c) Property transferred in exchange (delell below) ................... $ (d) Securities transferred to the value of (delall below) . . . . . . . . . . . . . . . . . $ (e) liens, legacies, annuities and maintenance charges to which transfer is subject $ (f) Other valuable consideration subject to land transfer tax (delail below) $ 2.00 hil nil nil nil nil nil All Blanks Musl Be Filled In. Insert . Nil' (g) VALUE OF lAND. BUilDING. FIXTURES AND GOODWilL SUBJECT TO LAND TRANSFER TAX (Total offal to (f)) .................... (h) VALUE OF All CHATTELS - items of tangible personal property (Retail SBles Tax Is payablB on Ihe velue of all chattels unless exempt under the provisions of thB 'Retail Sales Tax Act', R.S.O. 1980. c.454. as amended) . . . $ (i) Other consideration for transaction not included in (g) or (h) above $ (j) TOTAL CONSIDERATION ....................... $ 5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see Instruction 6) - qiven to clear a cloud from titl~ $ 2.00 $ 2.00 Where ApplicBble. nil nil 2.00 6. If the consideration is nominal. is the land subject to any encumbrance? 7. Other remarks and explanations. if necessary. na na Sworn before me at the City of Toronto in the Municipality of Metropolitan Toronto this (?It. day of JU~1Crs7 19 92 Illi~ A Commissioner for tak ing Affidavits, etc. Property Information Record For Land Registry Office Use Only A. Describe nature of instrument: Quit Claim Deed Registration No. , B. (I) Address of property being conveyed (If available) ,. Kinq Street, Bowmanville (ii) Assessment Roll No. (If available) unknown c. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction 7) 40 Temperance Street, Bowmanville RegistrBtion Date I Land Registry Office No. Ontario LlC 3A6 D. (i) Registration number for last conveyance of property being conveyed (II BvallBble) unknown /7.'/'~ signatura(s) NiCho'~~ ~ M~~n~ (ii) Legal description of property conveyed: Same as in D.W above. Yes 0 No 0 Not known !]I E. Name(s) and address(es) of each transferee's solicitor SHIBLEY RIGHTON #1800 - 401 Bay Street Toronto. Ontario M5H 2Zl School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? Yes 0 No 0 (b) If Yes. do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes 0 No 0 (c) Do all individual transferees have French Language Education Rights? YesO No 0 (d) If Yes, do all individual transferees wish to support the French Language School Board (where established)? YesO No 0 NOTE: As to (e) and (d) the land being transferred wiD be assigned to the French Public School Board or Sector unless otherwise directed in (a) and (b). 04490 (SO'()9) -*'-, Ud. . provln.ce ~V.l of ~ Ontario Transfer/Deed of Land DyE Ii DUAi-AM CO_ L.1MITEO l=orm No. 970 .. Fonn 1 - Land Registration R.tonn Act, 1984 A ~ a- ! 1..0::. I~~ \lit;:; ~~; ~.<D~... W-:. \-:cc-~~" \ vg~ <(---:" J ,0 ~ ~~\ - \ " (1) Registry ~ (3) Property ldentltler(') LMd T..... 0 1(2) Page 1 of 2 Block Property pages . )- ...t Z O. LI.I en :;l LI.I (,) .u: u.. o New Property Identifiers a: o u.. 0.J L!} '-0 ~ 0--' 1"'"', 12 .It c: ... w a loW 10.; t:~ t~; r- ~ Q <( Additional: ~hedule 0 (4) Conak:teratlon TWO DOLLARS --------------------- Dollars $ 2.00 !4 'u liiii: iQ- ~ffi %0 CoO ::::t -c:: ~ IE (5) DHCllptIon This is a: Property 0 Division Property Consolidation 0 Additional: See Schedule Parts of Town Lots 14, 15, 16 and 17, Block "D", according to C.G. Hanning's Plan of Part of Lot 10, Concession 1, of the former Town of Bowmanville, now in the Town of Newcastle, in the Regional Municipality o of Durham designated as Parts 1 and 2 on Reference Plan 10R-3914 and Part 1 on Reference Plan 40R-14151 c:::) Executlont Additional: See Scheel",le o (')ThIt (a) Redescription i, (b) Schedule for: DocUment New Easement . eont81na Plan/Sketch 0; Description 0 (7) In~ TranI'-"'ed Additional 1~ Parties 0 Other 0 Quit Claim (.)Tnmsteror(.) The transferor hereby transfers the land to the transferee~I'l1IHKIC~"*pIMlX~ = MARKETS L~ITED S~~.t7~~~ . .!19:~~b~ ...... . ... '~"e.:./.I~I< ~""'~A~'" ..1......j...[... T1tle: : :: /f"/".s-r~~- . ': , , . p~~':""""""""'" . '1i992 . l)7 . Name: ! : Ti t'le':' . . ~ . . . . . -:- . . , , , , We have authority to bind the C~rporat~on Date of Signature Y M 0 (9)$pouH(.) of Transleror(.) I hereby consent to this transaction Name(s) Signature(s) i . . I r . I : 1 . f (10) Jor:'"S:::') Add..... ;J..~5 KI/oI' ..sr. eAST, !JoWNIUJIIIU(';j 0";7". (11) Tran.fei'ee(.) Lie 3k7 Date of Birth Y M 0 I , THE CORPORATION OF THE TOWN OF NEWCASTLE : ! i 0, . ~ . .!. 1 . , " 1 :; , " , " , .' ~ . .:.: . : :: , " , : t ... 'J' .. f. .. : :; . " : !! (12)T"'slerae{.) Actcnsa for ServIce 40 Temperance Street, Bowmanville, Ontario LIe 3A6 (13) Tnlnaf.rol'(') The transferor verifies that to the best of the transferor's knowledge and belief. this transfer does not contravene section 49 of the Planning Act. 1983. Date of Signature Date of Signature . Y . M. D. : Y ,M I 0 l I I : I :: Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . J . . .: Signature...........................!...... :. . . ~. . . . SoIlcttor for Transferor(.) I have explained the effect of section 49 of the Planning Act. 1983 to the transferor and I have made inquiries of the transferor ...t to determine that this transfer does not contravene that section and based on the infoNrnltion supplied by the transferor. to the best of my knowledge ~ and belief. this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature ~ Nameand I Y 1M, 0 Do 'Address of : ;! o Solicitor Signature. ., . I _ 'G ~ (14) SolIcItor for Tr.........) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records -< ~6 ~ reveal no contravention as set out in subclause 49 (21a) (c) (Ii) of the Planning Act. 1983 and that to the best of my knowledge and belief thiS ~. .1-' '~..'i transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario .2 ..! solicitor in good standing. c:...., f. ~.2~ Name and Date of Signature ~l:!~1 A~r!"ss of Y M 0 i:~.c SoliCitor 1 ~ Signature.' .. (1$) A..eument "011 Number of Property (18) Muntclp8l Add..... of Property Cty. Mun.\ Map : Sub.: Par. , . . . . . . . . ' not assigned III >- ...t ~ Registration Fee w (/) ::l w (,) u: ~ o 'a: o ,,:;, Fees and Tax . King Street Bowmanville, Ontario (17) Document Prepered by: Paul D. Blundy Tory Tory DesLauriers & Binnington Suite 3000, IBM Tower Toronto, Ontario \ucv 1 "'" Land Transfer Tax Tot8I 10173 P 2/84) ~/h___,,-". "'....:......\00.-_._, , Affidavit of Residence and of Value of the 26~eration # Form 1 - Land Transfer Tax Act Refer to 6// in:;tructions on reverse side. P t f T L t 14 IS IN THE MATTER OF THE CONVEYANCE OF (Insertbrlefdescrlptlonofland) ar s 0 own 0 s , , 16 & 17, ~ock D, Town of Newcastle, Reg10nal Municipalitv of Durham designated as Parts 1 and 2 on Reference Plan IOR-3914 and Part 1 on Reference Plan 40R-14lSl BY (print names ofalllransferors In full) Gramar Markets Limited DYE & DURHAM co. INC. - Form No. 500 Amended 1991 The Corporation of the Town of Newcastle TO (see instruction 1 and print names of 8/1 transfef88S In full) I, (see instruction 2 and print nam8(s) In full) Nicholas T. Macos MAKE OATH AND SAY THAT: 1. I a m (place a clear marlc within the square opposite that 0118 of the following paragraphs that describes the capacity of the deponent(s)): (SH Instruction 2) o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; o (b) A trustee named in the above-described conveyance to whom the land is being conveyed; o (c) A transferee named in the above-described conveyance; :t9 (d)TheXiXlX>~~~Xllicitoractinginthistransactionfor(lnsertname(s)ofprlnclpaJ(S)) The Corporation of the Town of Newcastle described in paragraph(s) OOXXlKl. (c) above; (strike out raferallC8S to Inapplicabla paragraphs) o (e) The President. V ice-President. Manager. Secretary. Director. or Treasurer authorized to act for (Insert name(s) of corporatlon(s)) described in paragraph(s) (a). (b). (c) above; (strike out referances to Inapplicable paragraphs) o (f) A transferee described in paragraph( ) (InHrt only one of paragraph (a). (b) or (c) above. as applicable) and am mak ing this affidavit on my own behalf and on behalf of (insert name of spousal who is my spouse described in paragraph ( ) (Insert only ona of paragraph (a), (b) or (c) above. as appllcabla) and as such. I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance exceeds $400,000). I have read and considered the definition of "single family residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance o contains at least one and not more than two single family residences. Note: Clause 2(1)(dl imposes an additional tax at the rate of one-half of one per o does not contain a single family residence. cent upon the value of consideration in excess of. $400,000 where the convey- o contains more than two single family residences. (SH Instruction 3) ance contains at least one and not more than two single femily residences. 3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation" or a "non-resident person" as set out in the Act. (SH Instructions 4 and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash . . . . .. .......................... $ 2.00 (b) Mortgages (i) Assumed (shc;wprlncipaJ and Interast to be cradltad against purchase prlCil) ...... $ :nil (Ii) Given back to vendor. . . . . . . $ nil (c) Property transferred in exchange (datalt betow) ................... $ ni I (d) Securities transferred to the value of (detail below) . . . . . . . . . .. . . . . . . . . . . . .. $ nil (e) liens, legacies. annuities and maintenance charges to which transfer is subject . . . $ ni I (f) Other valuable consideration subject to land transfer tax (datal/below) ........ $ nil (g) VALUE OF lAND. BUilDING. FIXTURES AND GOODWilL SUBJECT TO LAND TRANSFER TAX (Total of (a) to (f)} .................. $ 2.00 $ 2.00 (h) VALUE OF All CHATTELS - items of tangible personal property (Retail Sal9S Tax Is payabte on the value of all chaltals unlass 8Xempl undar nil the provisions of the "Retail Salas Tax Act", R.S.a. 1980. c.454. as amendad) . . . . . . . . . . . . . . . . . . . . . . . . . .. $ (i) Other consideration for transaction not included in (g) or (h) above ...... . . . . . . . . . . . . . . . . . .. $ nil (j) TOTAL CONSIDERATION .................................................. $ 2 on 5. If consideration is nominal. describe relationship between transferor and transferee and state purpose of conveyance. (saalnstructlon 6) - qiven to clear a cloud from title All Blanks Must Be F/11ad In. Insert "Nil" Where Applicabte. 6. I f the consideration is nominal, is the land subject to any encumbrance? 7. Other remarks and explanations, if necessary. na na Sworn before me at the City of Toronto in the Municipality of Metropolitan Toronto 'hi, JJlkaL?~W~ ,. 92 A Commissioner for tak ing Affidavits. etc. fiJ.7--"------ slgnatura(s) NiGholn~ To Mn~n~ -- D. (i) Registration number for last conveyance of property being conveyed (If available) (ii) legal description of property conveyed: Same as in D.m above. Yes 0 E. Name(s) and address(es) of each transferee's solicitor SHIBLEY RIGHTON #1800 - 401 Bay Street Toronto. Ontario M5H 2Zl School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? YesO No 0 (b) If Yes. do all individual transferees wish to be Roman Catholic Separate School Supporters? (c) Do all individual transferees have French Language Education Rights? YesO No D (dl If Yes, do all individual transferees wish to support the French language School Board (where established)? YesD No 0 NOTE: As to (c) and (d) the land being ttansferred wiD be assigned 10 the French Public School Board or sector unless olherwlse directed in (a) and (b). unknown No 0 Not known ~ For Land Registry Office Use Only Registration No. t Registration Date I Land Registry Office No. Property Information Record A. Describe nature of instrument: B. Quit Claim Deed (i) Address of property being conveyed (If available) Kinq Street. Bowmanville unknown (ii) Assessment Roll No. (if available) C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction 7) 40 Temperance Street. Bowmanville Ontario LlC 3A6 YesD NoD 04490 (\lO-O9) '.........................-.......... .t.....:..'.~ , . " J.L[. P;ov,nce ~..l of ~ Ontario Transfer/Deed of Land .), E ~ Oi...;~"'AM ''::0 ....MtTEi) :::,r'" ....0 :t~ FORn 1 - L...d Reglltrallon Refonn Act, 1914 A r..t) Ln '-D oo:::r 0-' r-r'", ,... ~ Q <( (1) Reglltry ~ (3) Property ldentltlet'( .) LMd T.... 0 T(2) Page 1 of 2 Block Property pages c::::l (;.!;) :3 -< C'>.I E f 10:: -<:( ~,.. \J'~ c: \;g~.... thJ....~, \ c;::'~;. i \ ~f2 , J '~~, ~~5 1\, 1 .-I '. " Additional: See 0 Schedule (e) CoMld<<atlon TWO DOLLARS --------------------- Dollars S 2.00 (5) Deecrlptlon ThiS is a: Property Division 0 Property Consolidation 0 Additional: See Schedule Parts of Town Lots 14. 15. 16 and 17, Block "D". according to C.G. Hanning's Plan of Part of Lot 10, Concession 1, of the former Town of Bowmanville, now in the Town of Newcastle. in the Regional Municipality o of Durham designated as Parts 1 and 2 on Reference Plan 10R-3914 and Part 1 on Reference Plan 40R-14151 extcutlonl Additional: ~hedUI. 0 . (I) Thl8 la) Redescription :.' (b) Schedule for: Document New ea.ement ContIIInt PlanlSketch 0; Deecrlption 0 (7) I.......,...... T,.,... Additional ...... Parties 0 Other 0 Quit Claim (I) T,.,.tel'Ol'(.) The transferor hereby transfers the land to the transferee ~""~lWM*pfIIIX~ .'. . . . . . . . . . . . . . . . . . . .. ... . . . . . . . . . . . Date of Signature Name{s) . .. .. ..... SignatUr8(S) . . . . . . ~ ./ . . .; . . . . : Y ,M. [j THE q~~~A GROUP ~~~~~~~ ..... ..... NP~~?" ~-: ./(I~..... .1.1,9.9.2, .:,ofl.1) t' ~me: ~~~ p. 6.RIHM~ i :: T1tle: A,S.o' i: , .. .. Per:...... .~. . . . . . . . . . . . . . . . . . . , , i'l.9'9'2' '! '0'$' '13 Name: : :: . . . . . . . . .. Title: . . 'A ',5:0'" 'GiIZ i.,.i{ 'VWGft ' i . . , . . .1. . , i . . We have authority to bind the COk-poradon : (9)SpOuu(a) of T.....aferorC.) I hereby consent to this transaction Date of Signature Namels) Signature(s) Y M 0 . . . . 1" . . (10) TranatMM(.) Add..... forSenlce 200 -302 rl/t. eAsr MAU., GTOIJICrlK6/ ONT= (11 ) TrInIMrft(.) I*4tJJ) 6 $ 9 THE CORPORATION OF THE TOWN OF NEWCASTLE Date Of Birth 1 Y M 0 , . : , , , 1" . " . \ . .. .. .. ~ . . . , . : . t12)' .,...........) ...... forSenlce 40 Temperance Street, Bowmanvil1e, Ontario L1C 3A6 (13) .,,...........) The transferor verifies that to the best of the transferor's knowledge and belief. this transfer does not contravene section 49 of the Planning Act, 1983. Date of Signature Date of Signature Y M 0 ,Y M 0 : :: i : : Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .1. . . 1 . . .: Signature....................,...,..:......:.,. 1 . , . ., Solicitor fOr T,......-or(.) I have explained the effect of section 49 of the Planning Act. 1983 to the transferor and I have made inquiries of the transferor ~ to determine that this transfer does not contravene that section and based on the information supplied by the transferor. to the best of my knowledge i and belief. this transfer does not contl'llYen8 that section. I am an Ontario solicitor in good standing. Date of Signature Q Nameand I Y M 0 ~ Address of : o Solicitor Signature........... .. . .... ..... ., . ..' .. , I __ tl i (14) ScIlIOIIor for T.......M(.) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records < A'if reveal no contravention as set out in subclause 49 121a) (c) Iii) of the Planning Act, 1983 and that to the best of my knowledge and belief thiS ~ U-i tran_ does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontarto .c! solicitor in good standing. '. j ~ Q. ~A,.,. Name and Date of Signature .~~~ Address of Y "" 0 :i~.! Solicitor ~ Signature. . . ., ..... . . (15) .....ment Roll NumiMr of Property (11) Munlclpll Add..... Of Property Cty. : Mun.: Map . Sub. . Par. , , ! . . . , . . . , , , . . . , , ! , , , , , , ' . not assigned (17) Document P....,.,. by: '!i Paul D. Blundy Tory Tory DesLauriers & Binnington Suite 3000, IBM Tower Toronto. Ontario ..",.. 1 lI.1'} III > ....I Z o w - (/) :::l w () ii: lA- o a: o lA- "", Feel and Tax Registration Fee Land Transfer Tax King Street Bowmanville, Ontario To... '0173 ('2/841 DYE '.;d~~c19~~rm No. 500 - - Affidavit of Residence ana or value ot tne B~toerallon \ ~el Form 1 - Land Transfer Tax Act , Reff-r to all instructions on reverse side. P t f T L t 14 IN THE MATTER OF THE CONVEYANCE OF (insertbriefdescriptionofland) ar S 0 own 0 s , 15, 16 & 17, Block 9, Town of Newcastle, Regional Municipality of Durham, designated as Parts 1 'and 2 on Reference Plan IOR-3914 and Part 1 on Reference Plan 40R-14151 BY (print names olelltrensferors in full) The Oshawa Group Limited The Corporation of the Town of Newcastlp. TO (see instruction 1 and print nameS of all transferfHIs In full) I. (see instruction 2 and print name(s) in full) Nicholas T. Macos MAKE OATH AND SAY THAT: 1. I am (ptace a ctear mark within the square opposite that one of the lollowing paragraphs that describes the capacity of the deponant(s)): (sae instruction 2) o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; o (b) A trustee named in the above-described conveyance to whom the land is being conveyed; o (c) A transferee named in the above-described conveyance; :r9 (d) TheXO(~(KageaXlX)Olicitor acting in this transaction for (insert name(s) of prineipal(s)) The Corporation of the Town of Newcastle described in paragraph(s) OOXxtKl, (c) above; (strike out references to Inapplicable paragraphs) o (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (Insert name(s) ofcorporatlon(s)) described in paragraph(s) (a). (b). (c) above; (strike out references to inapplicable paragraphs) o If) A transferee described in paragraph( ) (Insert only one of paragraph (a), (b) or (c) above, as applicable) and am mak ing this affidavit on my own behalf and on behalf of (insert name of spousal who is my spouse described in paragraph ( ) (insert only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance eXC88ds $400.000). , have read and considered the definition of "single family residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance o containsat least one and not more than two single family residences. NotB: Clause 2(1)(d) imposes an additional tax at the rate of anti-half of one per o does not contain a single family residence. cent upon the value of consideration in excess of. $400,000 where the convey- o contains more than two single fam i1y residences. (SH instruction 3) ance contains at least one and not more than two single family residences. 3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation" or a "non-resident person" as set out in the Act. (SHlnstructlons 4 and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . $ (b) Mortgages (i) Assumed (shaw prinelpal and Interest to be credited against purchase price) $ (ii) Given back to vendor . . . . . . . $ (cl Property transferred in exchange (detail below) ................... $ (d) Securities transferred to the value of (detail below) ...... . . . . . . . . . . . $ (e) liens, legacies, annuities and maintenance charges to which transfer is subject . . . $ (f) Other valuable consideration subject to land transfer tax (detail below) ........ $ 2.00 hil nil nil nil nil nil All Blanks Must Be Filled In. Insert 'Nil" (g) VALUE OF lAND, BUilDING, FIXTURES AND GOODWILL SUBJECT TO lAND TRANSFER TAX (Total of (a) to (f)) .................... (h) VALUE OF All CHATTELS - items of tangible personal property (Retail Sales Tax is payable on the value of all chattels un/ass exempt under nil the provisions of the "Retail Sales Tax Act", R.S.O. 1980, c.454, BS amended) . . . . . $ (i) Other consideration for transaction not included in (g) or (h) above $ nil (j) TOTAL CONSIDERATION ....................... . . . . . . $? 00 5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (S88 instruction 6) - qiven to clear a cloud from title $ 2.00 $ 2.00 Where Applicable. 6. If the consideration is nominal, is the land subject to any encumbrance? 7. Other remarks and explanations, if necessary. na na Sworn before me at the City of Toronto in the Municipality of Metr~' oli tan this I 'f-fh day of .J111}'~ 19 92 ~~ A Commissioner for taking Affidavits, etc. 1(!J.u-J E. Cefes Toronto 'h ? ~--' s/gnature(s) Nichnl~R ~ M~~nR - Property Information Record For Land Registry Office Use Only A. Describe nature of instrument: Quit Claim Deed Registration No. fl. B. (i) Address of property being conveyed (If Bvall8ble) " Kinq Street, Bowmanville (ii) Assessment Roll No. (if available) unknown C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction 7) 40 Temperance Street. Bowmanville Registration Date Land Registry Office No. Ontario LIC 3A6 D. (i) Registration number for last conveyance of pro erty bei ng co nveyed if avaifable) unknown ~ YesD NoD Not known 0 p (iil Legal description of property conveyed: Same as in D.m above. E. Name(s) and address(es) of each transferee's solicitor SHIBLEY RIGHTON #1800 - 401 Bay Street Toronto, Ontario M5H 2Z1 School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? YesD No D (b) If Yes. do all individual transferees wish to be Roman Catholic Separate School Supporters? (c) Do all individual transferees have French Language Education Rights? YesD No D (d) II Yes, do all individual transferees wish to support the French Language School Board (where established)? Yes D No D NOTE: As to (c) and (d) the IaAd being ttansferred wiU be assigned to the French Public School Board or Sector unless. otherwise directed in (a) and (b). YesD NoD 04490 (9lHl9) 1 , ~ Province of Ontario' Oo".'oZ _ Discharge Of Charge/Mortgage Fonn 3 - u.nd Reglst/'lltlon Refonn Act, 1984 DVE & DURHAM co, LIMITED Form N<l. 980 c sa <( (1) Registry ~ (3) Property ldentlfler(s) Land TI~ (2) Page 1 of 1 Block Property pages > ..J Z o w t/) ::l w _0 u:: u. o a: o u. Ln Ln '-0 -.::::::j- 0-. r--r-l a- Additional: ~edUle 0 t~'5 -w l..~ ~ ;:) <z:: .8~ ~. j~ 5!: (4) Description Additional: See 0 Schedule Part of Town Lots 14, 15 and 16, Block D, according to C.G. Hanning's Plan of Part of Lot 10, Concession 1, former Town of Bowmanville Regional Municipality of Durham, designated as Part 2 on Plan 10R-3914 and Part 2 on Plan 40R-14l5l ~ New Property Identifiers (5) Charge to be Discharged Registration Number (6) This Is a , . b~23-9.1_____________.J Date of Registration Y M 0 I I I I &985 b6 16 i ~_______................._.....~_---J Complete Discharge 0 PartialDischargelll Final Partial Discharge 0 (7) Description (conl'd.), Recitals, Assignments The lands hereby discharged and released represent a portion of lands over which the Mortgagor under Charge No. 122391 has the benefit of an easement and right-of-way. This discharge is given to release any interest of the Mortgagee in the lands described in Box 4. This Partial Discharge does not contravene Section SOof the Plannin~ Act. 1. Power of Attorney registered on February 2, 1989, as instrument 17484 in the land registry office for the Land Titles Division of Newcastle (No. 10). I The attorney states that to the best of the attorney's knowledge and belief the power of attorney is still in full force and effect. 3. The attorney states that the attorney is at the time of execution of this instrument the holder of the office referred to below. 2. Continued on Schedule 0 (8) Chargee(s) I am the person entitled by law to grant the discharge and this charge is hereby diSCharged as to the land described herein. Name(s) Signature(s) Date of Signature Y M 0 By: i 1992 i~i II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Natne:'R .: J .. . Do as. . . . . . . . . . . . ! . . . . . : . . .1. . . Title: Asst. General Manager Iii . . . . . .GaRad.i-an. Commercial .~r~it.. i . . .!. . . And By: ! 1992! i . . . . . . I I t Name: .......................:.....:.. .t... , '. J Title: i ! i , " . .~d~i;~n~l; . . . o. . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . i HAV6~it6. ftlirt-JbR.i1Y'{o 6 Nb 1HE" . : . . . . . : " . .!. . . See Schedule (9) Chargee(s) Address for Service BANK OF NOVA SCOTIA (10) Documenl Prepared by: > ..J Z o Registration Fee w t/) ::l W o u:: u. o a: o II.. Fees a5q EGLIIJrON fNewcbl .1O~ONTO rV)(oC--, d 6/ Shibley Righton Barristers & Solicitors Suite 1800 401 Bay Street Toronto, Ontario M5H 2Z1 Attention: Nicholas T. Macos Tota. 10175 (12/84) )'E !k 0URMAM CO. 1...MlfEO Form No 970 'r <0, I&l Province ~V~ 00' , ~ nlarlo Transfer/Deed of Land ...~ ,~'~ Form 1 - L.,d Reglltl'lltlon Reform Act, 1984 A > ...l ~ W rn ::::l w o ii: ..... o New Property Identifiers a: 'It o t....r'> ....0 """" 0""- rv-, m 1* .., .f.C 1'11- ,~ I~ ......- ~..... ~~ i:ti r"!" ~ g <( [ t~= t ;;?-<::. \(\~ ~~,. ~ tU,,', \'0::::;:,1 '\ } eo:: =,i ,::) l ....,C::J 1,1 - \ " (1) Reglatly ffi] (3) Property Identifier(. ) Lend TItIeI 0 T(2) Page 1 of 2 Block Property pages ) AdditiOnal: ~hedUIe 0 cr (4) ConIlder8t1on TWO DOLLARS --------------.,..------ Dollars $ 2.00 (.!:) =:l c::I; g: - (5) Deecrlptlon This is a: Property 0 Division Property Consolidation 0 AdditiOnal: See Schedule Parts of Town Lots 16 and 17, Block "D", according to C.G. Hanning's Plan of Part of Lot 10, Concession 1, of the former Town of Bowmanville, now in the Town of Newcastle, in the Regional Municipality o of Durham designated as Part 1 on Reference Plan 10R-3914 --- o Executione Additional: See Schedule o (8) ThII (a) Redescription (b) Schedule for: Doc:uIrMInt New Easement .... eon...... PlanlSkek:h 0 Description 0 (7) 1'*'"fIEstate T...terred Additional ~~ Parties 0 Other 0 Quit Claim (a) T.....feror(.) The transferor hereby transfers the land to the transferee~"lIlIIl>>JflKlIIIK~ Date of Signature Name(s) . . . . . .. Sig;llit~,eis~"""""""" . ': Y ,M 0 THE MANUFACTURERS LIFE INSURANCE CO~~.. .. ~~~k:' ~ilf1"~. . . . . . . ~ .1.9.9,2, .\ .0,7, /.1 Title: Vice President i: , ' . . . . . . .. ..... Pe~:" ~~= tnvestment- . . . . . . . i'1'9'9'2' '1 'o'i i~' Name: i)A\lIP s~ : i . . . . . . . . . . . . .. Title: '{)1tl..\'t~',.e.:re.I~~Itf\IT". . . . . . j. . . . . .:. .. '" , , , . We have authority to bind the Cotporatton (9) SpouM(.) of Tran.Ieror(.) I hereby consent to this transaction Name(s) Signature(s) Date of Signature Y M 0 ! : . ' . . . .. ...... . .. . . . ... . . . . . . .. ............ .to . . ... . -. . . . . : r , , : ' (10) T,..,Iferor(') AddNa fMS~ 250 Bloor Street East, Toronto, Ontario M4W 1E5 (11) Tran.teree{.) Date of Birth Y M 0 THE CORPORATION OF THE TOWN OF NEWCASTLE i l! .' . . . . . . . . . . . . . . .. .. '. . . . . . . . . . . . . .. ...... . ~ . . . '. . . 'r. . . , . . . . I ,t , " II! , " . .. ....... ..................... . . . . . . . . ~ . .. ..:...:.... , " , .' : ! i . . . . . . . . . . . . . . . . . . . . . . .. .. . .. . . . . . . . . . ... "0 . . :..... . " . , : ' , " I : I ...l ~ & I _ ~ ~t~ .f ili e: it- li ~ :!l~= (1)_'- .!l~ l!! ~:~.! ~ (12) T,..,.t.....)AdchIa fM~ 40 Temperance Street, Bowmanville, Ontario L1C 3A6 (13) T.....feror(.) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the Planning Act, 1983. Date of Signature Date of Signature Y M 0 ,Y M 0 ! : i : . : :: Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . J . . .! Signature...........................!...... :. . . ; . . . . Solicitor for Transtetor(.) I have explained the effect of section 49 Of the Planning Act, 1983 to the transferor and I have made inquiries of the transferor to determine that this transfer does not contravene that section and baaed on the information supplied by the transferor, to the best of my knowledge .nd belief, this transfer d()8S not contl'llvene that 18Ction. I am an Ontario solicitor i" good standing. Date of Signature Nal.j8and : Y ,M 0 Addre$s of S' t : i Solbitor Igna ure. .. . .. .. .... ......... . '.' .. . (14) SO!IcItor for T,........) I have investigated the title to this land and to abutting land where relevant and I am satisfied that iilEl iiiil: ',""VI U;;' reveal no contravention as set out in subclause 49 (21a) (e) (ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing. Name and Address of Solicitor Date of Signature Y M 0 Signature. . . . . . . . not assigned m > ...l Z Registration Fee o w en ::::l w (.) (L: ..... o 'a: o .":i Feel and Tax (15) A'''Mment Roll NumIW of Property (18) Municipal Add,... of PToperty Cty. Mun'i : Map : Sub. : , , , ' . , . ' . ' Par. King Street Bowmanville, Ontario (17) Document Prepared by: Paul D. Blundy Tory Tory DesLauriers & Binnington Suite 3000, IBM Tower Toronto, Ontario \ul:TT ,.", Land Transfer Tax To.. 10113 (12/84) DYE & DUHHAM L,;U. I Nt,; , . r-orm NO. :>YO Amended 1991 Attidavlt ot Heslaence ana or value or tcff-e~gnslaeraIlon Form 1 - Land Transfer Tax Act Lots 16 & 17, Block D designated as Part 1 on F~ffHtf~~W't~tig~s ~~~e~~~t~~~NCE OF (Insertbrlefdescriplionofland) Part of Town #~Town of Newcastle, ReqionalMunicipality of Durham. Reference Plan 10R-3914 The Manufacturers Life Insurance Company BY (print names of all transferors in fulQ The Corporation of the Town of NewcastJe TO (S88 instruction 1 and print names of all transfer88s In fulQ I, (see instruction 2 and print name(s) in (UIQ Nicholas T. Macos I' MAKE OATH AND SAY THAT: 1. I am (piace a clear marlc within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (SfHI instruction 2) o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; o (b) A trustee named in the above-described conveyance to whom the land is being conveyed; o (c) A transferee named in the above-described conveyance; 19 (d) TheXiX~O{SgtXiKOc)Olicitor acting ill this transaction for (insert nam8(s) of principal(s)) of Newcastle The Corporation of the Town described in paragraph(s) OOX){(K), (c) above; (strike out references to Inapplicable paragraphs) o (e) The President, Vice-President, Manager, Secretary, Director, or Tre<)surer authorized to act for (Insert name(s) of corporatlon(s)) described in paragraph(sl (aI, (b), (c) above; (strike out references to In3{>plicable paragrBphs) o (f) A transferee described in paragraph( ) (Ins8ft only one of parBgraph (B), (b) or (c) Bbove, as applicab18) and am mak ing this affidavit on my own behalf and on behalf of (Insert nBme of spouse) who is my spouse described in paragraph ( ) (Insert only one of paragraph (a), (b) or (c) above, as applicab18) and as such, I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance eXC88ds $400,000). I have read and considered the definition of "single family residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance o contains at least one and not more than two single family residences. NoIB: Clause 2(1)(d) imposes an additional tax at the rate of one-half of one per o does not contain a single family residence. cent upon the value of consideration in excess of. $400,000 where the convey. o contains more than two single family residences. (SfHllnstructlon 3) ance contains at least one and not more than two single family residences. 3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation" or a "non-resident person" as set out in the Act. (SfHllnstructlons 4 and 5) . none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Mortgages (i) Assumed (shaw principal and Interest to be credited against purchase price) (ii) Given back to vendor . . . . . . . (c) Property transferred in exchange (detaif below) ................... (d) Securities transferred to the value of (detail below) . . . . . . . . . . . . . . . . . (e) Liens, legacies, annuities and maintenance charges to which transfer is subject (f) Other valuable consideration subject to land transfer tax (detail below) (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Totalof(a) to (f)) .................... (h) VALUE OF ALL CHATTELS - items of tangible personal property (RetBiI Sa18s Tax Is payable on the vaiue of all chB1te/s unlesS exempt under $ n i 1 the provisions of tha "Re/all Sales Tax Act", R.5.0. 1980, c.454, as ~nded) . (i) Other consideration for transaction not included in (g) or (h) above $ ni 1. (jl TOTAL CONSIDERATION ....................... $ 2 00 5. I f consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6) - given to clear a cloud from. title $ 2_00 $ :nil $ nil $ nil All BIBnks $ nil Must Be $ nil nil Filled In. $ Insert "Nit" $ :LOO $ ? 00 Where Applicab18. 6. If the consideration is nominal, is the land subject to any encumbrance? 7. Other remarks and explanations. if necessary. na na Sworn before me at the City of Toronto in the Municipality o.f ~e:t:r~opoli tan this ft1h day of Jul} ft!J,.:. 19 92 ~ rl- A~~T A Comm issioner for tak ing Affidavits, etc. :f'.J.c.rd. E.. (J;fe.s Toronto ( C. M erty Information Record For Land Registry Office Use Only escribe nature of instrument: Ouit Claim Deed Registration No. " i) Address of property being conveyed (if ava/lable) ,. Kinq Street. Bowmanville ii) Assessment Roll No. (if available) unknown ailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction 7) 40 Temperance Street, Bowmanville Registration Date I Land Registry Office No. Ontario LIC 3A6 (j) Registration number for last conveyance of property being conveyed (If Bvailable) unknown 4-,. 7 ..........- signatur8(s) Niqholns T_ Mn~OS Prop A. 0 B ( D. (ii) Legal description of property conveyed: Same as in D.(j) above. Yes 0 No 0 Not known []g E. Name(s) and address(es) of each transferee's solicitor SHIBLEY RIGHTON #1800 - 401 Bay Street Toronto, Ontario M5H 2Z1 School Tax Support (Voluntary Election) See reverse for explanation (a) Are all Individual transferees Roman Catholic? Yes 0 No 0 (b) If Yes. do all individual transferees wish to be Roman Catholic Separate School Supporters? YesD No 0 (c) Do <)11 individual transferees have French Language Education Rights? YesD No 0 (d) If Yes. do all individual transferees wish to support the French Language School Board (where established)? YesD No 0 NOTE: As to (c) and (d) the land being transferred will be assigned to the French Public School Board or sector W1Iess othelwise directed in (a) and (b). O44llD (90-09) . ~ p. rovince of Ontario ">0 __ ..... TransferlDeed of Land DYE & DURHAM co. LIMITEr Form No. Il70 ~ .' - o ~ l- !::2 <:l ~,j Form 1 - Lend Reglltrdon Reform Act, 1984 A ., .. ::1' (1) Registry ~ (3) Property ldentlfter(a) Lend Titles 0 1(2) Page 1 of 2 Block Property pages c.o =::> ""'l: co-.I cr 2: 9 , i~ .A I -a: <:2 ~ Jf~""f 0- '0~f'? - '\ ~{i I I . \ ; 1'-' \ \ Adclitlonal: ~hedUIe 0 > -' Z o w ~ w (,) it o New Property Identifiers a: o t.L ~. U"') "-0 ~ 0-, 1""'", il: tl....J j ~)! '...... 1G: u ;:0: .D):: Sa :oW .0 (4) ConaIcIer8tJon TWO $2.00 (I) Ducrlptlon This is a: Property 0 Division Dollars $ Property Consolidation 0 Q Additional: ~hedUle 0 Part of Town Lots 14, 15 and 16, Block D, according to C.G. Hanning's Plan of Part of Lot 10, Concession 1, former Town of Bowmanville, now the Town of Newcastle, Regional Municipality of Durham, designated as Part 2 on Plan 10R-3914 and Part I on Plan 40R- I L{ I '3/ Executions Additional: See 0 Schedule (8) This (a) Redescription (b) Schedule for: Document New Easement Conbllns Plan/Sketch 0 Description 0 (7) IntereatlE..... Trllnsferred Additional . ~l...r-Ie Parties 0 Other 0 Quit Claim (8) Tl'IIftSferor(') The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that ~~(;): : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : ~~~~: : : : : (2: : : . . : : : : : : : : : : : : : : : : :, . .~ ~.s;~~ I I I ,.... . $J~~J~~..~~WF;~~. ~'Mrn~p, . .,.,....,. .J;Jy:..".... :'1. yr-r-r-; . ". ....,....., H99+. ,!~,l!~ Title: .:.'""<3,{/E /IJ T !! ! Name' , _ : t: . . , . . . . , . . . . . . , . . , . . . . . , . . , . I . . . . . . . . . . ,. .".. . .;/ /7. . J.c;- t4/,/V,e; -(c;::". , . . . . . . . J . . , . . .!. . . : . . . . t have authority to bmd the CorporatIon ! ! ! j (. : : i . . .. . . . . . .. .. .. . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... ........................................................ 0 1 . 0 0 0 . Oi' . . i . 0 . , " , " ! !! (9) Spouae(a) of Tren.feror(l) I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M 0 i !: . 'I'::' I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .f. . . . 0 . . . . 1 . . . . i I . I : ' (10) lor:;:ca) Add..... 11 Bayhampton Court, Downsview, Ontario M3H 515 (11) Trllnaferee(l) Date of Birth Y M 0 ~ THE CORPORATION OF THE i I I . 1UWN 'OF'N'E\\TCASTLE . . , . . . . . . . . . . . . , . . . , . . , . , . . , . . . . , . . . ... . . . , . '. . . , . . . , . , i' , . . . '\' " 1.... ! ! i : : I . . . . . .. .. . .. .. .. . . .. .. .. . . .. . .. . .. . .. . .. . .. .. . . . .. . . .. .. . . . . . . . . . . . . . . . 0 . . . . . ., ,'............... lit 0 . . . 0 0 I. 0 . ~ .. 0 . i i i i i i . .. . . . .. . . .. .. 0 . 0 .. . . . . . 0 0 . . 0 . . . 0 . 0 . . . . . . . . . . . . 0 . . . . . 0 . . . . . . 0 . . . . . . 0 . . . . . . . . . . . . .. .. . J .. . . . . . J. . .. f . . .. , . I i !: : !: (12) 1::::::') AdcIreu c/o 40 Temperance Street, Bowmanville, Ontario LIC 3A6 (13) T.....f.ror(.) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the Planning Act, 1983. Date of Signature Date of Signature i Y ,M. D. , Y I M,D I : I I I 'I Signature. . . . . . . , . . . , . . . . . . . . . . . . .!, . . . . .:. . . 1 . . ,! Signature.,.....,....,....,....,..,.I,...,. i. , . J , . . . Solicitor for Trllnaferor(l) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries of the transferor ;l to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge ~ and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature - Nameand I Y I MiD l\ Address of S' t : :: (5 Solicitor .gna ure. , , . . . . , . . . . , . . , . . . . . . . . . . J . . . . . .:. . . . , . . . I .. ~ ~J~ ~ j!1l 'I: !; j l-~ a. 0,2::: Name and >< ti ~ Address of ~~.! Solicitor 'l5 o (14) SolIcItor for T~a) I have Investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing. Date of Signature Y M 0 Signature. . . . . . . . . . . . , . . , . . . . . . . . . . i j 0 . .. . 0 0 .. (15) Aueament Roll Nu...... ", Property (11) Munlcfptl AcIdota of Property not assIgned Cty. ! Mun.: I , , , , , I I I , Map i Sub. i Par. i,' I i not assigned I . , J.1.71bD..ocu.,....t Phntpllred by: ~hI ley KIg ton Barristers & Solicitors Suite 1800, 401 Bay Street Toronto, Ontario M5H 2Z1 Attention: 1\ :cholas T. Macos '> ~ z o w (/) ;:) ,W (,) ii: 'LI.. o ia: !O ~~ Fees and Tax Registration Fee Land Transfer Tax TObII 1(\173 !1,?!'~'" DYE & DURHAM CO. INC. . Form No. 500 Amended 1991 Affidavit of Residence and of Value of 'ffi~~sideration Form 1 - land Transfer Tax Act 14, 15 and 16, Block D Newcastle, desiqnated as Parr 2 \ . .' Refer to al/ instructions on reverse side. IN THE"MATTER OF THE CONVEYANCE OF (insertbriefdesc'iptionofland) Part of Town Lots '.~ording to C.G. Hannings Plan of Pt. Lot 10, ConCA 1, Town of on Plan lOR-3914 and Part 1 on Plan 40R-14l5l BY (print names of alltr8llsferors in fult) Sih-jp-l InvestmE'!nts Ll nd red TO (see instruction 1 and prinl names of sil transferees in full) The Corporation of the Town of Newcastle I, (see instruction 2 and print name(s) in full) Nicholas T. Macos MAKE OATH AND SAY THAT: 1. I a m (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see instruction 2) o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; o (b) A trustee named in the above-described conveyance to whom the land is being conveyed; o (c) A transferee named in the above-described conveyance; tI (d)TheXi.K!Kl~~OO~)Olicitoractinginthistransactionfor(insertname(s)ofprincipal(s)) The Corporation of the Town of Newcastle described in paragraph(s) OOXXlKl, (c) above; (strike out references to inapplicable paragraphs) o (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (insert name(s) of corporation(s)) described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) o (f) A transferee described in paragraph( ) (Insert only one of paragraph (a), (b) or (c) above, as applicable) and am mak ing this affidavit on my own behalf and on behalf of (insert name of spouse) who is my spouse described in paragraph ( ) (insert only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance excBBds $400.000). I have read and considered the definition of "single family residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance o contains at least one and not more than two single family residences. NDIB: Clause 2( 1)(d) imposes an additional tax at the rate of one-half of one per o does not contain a single family residence. cent upon the value of consideration in excess of $400,000 where the convey. o contains more than two single family residences. (see instruction 3) ance contains at least one and not more than two single family residences. 3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation" or a "non-resident person" as set out in the Act. (see Instructions 4 and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash . . . . .. ...... ............ (b) Mortgages (i) Assumed (show principal and Interest to be credited against purchase price) (ij) Given back to vendor . . . . . . . (c) Property transferred in exchange (detail below) .. . . . . . . . . . . . . . . . . . (d) Securities transferred to the value of (detail below) . . . . . . . . . . . . . . . . . (e) liens, legacies, annuities and maintenance charges to which transfer is subject (f) Other valuable consideration subject to land transfer tax (detail below) (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of (a) to (f)) .................... (h) VALUE OF ALL CHATTELS - items of tangible personal property (Retail Sales Tax is payable on the vsiue of all chattels unless exempt under the provisions of the "Retail Sales Tax Act", R.S.O. 1980, c.454, as amended) . . . . (i) Other consideration for transaction not included in (g) or (h) above 0) TOTAL CONSIDERATION ....................... $ , nn $ hil $ nil $ nil Alt Blanks $ nil Must Be $ nil nil Filled In. $ Insert "Nil" $ '.nn $ , on Where Applicable. $ nil $ nil $ ? on 5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6) given to clear a cloud on title 6. If the consideration is nominal, is the land subject to any encumbrance? 7. Other remarks and explanations, if necessary. na na Sworn before me at the Ci ty 0 f Toronto in the Municipality of Metropolitan Toronto thiS /:;If, da f AUg~~9 92 A Comml$' ~""i!J t:Uf;(Z Property Information Record ~ - -? -z signature(s) NjGhol~R T_ M~~OR For Land Registry Office Use Only -- A. B. Describe nature of instrument: Qllit ('Jaim Deed (i) Address of property being conveyed (if available) King Street, Bowmanville unknown Registration No. C. (ii) Assessment Roll No. (itavailable) Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction 7) 40 Temperance Street, Bowmanville Ontario LlC 3A6 Registration Date Land Registry Office No. D. (i) Registration number for last conveyance of property being conveyed (if available) (ii) Legal description of property conveyed: Same as in D.(i) above. Yes D E. Name(s) and address(es) of each transferee's solicitor SHIBLEY RIGHTON #1800 - 401 Bay Street Toronto, Ontario MSH 2Z1 School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? YesD No D (b) If Yes. do all individual transferees wish to be Roman Catholic Separate School Supporters? (c) Do all individual transferees have French Language Education Rights? Yes D No D (d) If Yes, do all individual transferees wish to support the French Language School Board (where established)? Yes D No D NOTE: As to (c) and (d) !he land being transferred will be assigned to !he French Public School Board or Sector unless otherwise directed in (a) and (b). unknown No D Not known !]g YesD NoD 04490 (90-09) The Manufacturers Life Insurance Company sale to The Corporation of the Town of Newcastle ""'" Statement of Adjustments Purchase Price $ Legal Fees of Vendor Balance due on Closing 66.303.53 $ 66,303.53 $ 60,000.00 6,303.53 $ 66,303.53 .. January 15, 1992 Messrs. Tory, Tory Barristers & Solicitors Suite 3000 ffiM Tower Box 270 Toronto-Dominion Centre Toronto, Ontario MSK 1N2 ATIENTION: Mr. Paul Blundy Dear Sirs: Re: Acquisition by the Corporation of the Town of Newcastle (the "Town") from Manufacturer's Life ("Manulife") Part 2. Plan 10R-3914. Highway 2. Bowmanville As you are aware, we are solicitors on behalf of the Town. Some discussions have been engaged directly with your client, Manulife, by our client or its agent and some directly between us regarding the above-referenced acquisition. On the instructions of our client, we are pleased to offer the following proposal: 1. Manulife would convey to the Town Part 2 on Plan lOR-3914 and Part 1 on the enclosed draft Plan, free and clear of all encumbrances for the purchase price of $60,000.00; 2. The Town would pay the reasonable legal fees of Manulife in respect of the conveyance of the lands set out in paragraph 1; ~ -2- 3. The Town would grant to Manulife a licence in a form satisfactory to the Town's solicitor over Part 2 on the enclosed Plan and the three parking spaces shown on that Plan south of Part 1 and located on the Frank Street Road Allowance for the purpose of parking. This licence would be for a term ending in the year 2007 on the termination date of Manulife's lease with its tenant; 4. The Planning Department of the Town would assist Manulife in the preparation of an application for a site specific rezoning or minor variance application (whichever you advise your clients to pursue) to permit parking for the commercial operation to be located, in part, on the Road Allowance and to reduce the minimum number of parking spaces required. Our client believes that a number of spaces can be located at the rear of the lot and that such spaces should be counted in calculating the minimum for this site; 5. The Director of Public Works is prepared to report favourably to Town Council in respect of Items 1 through 3 and, based on the facts now known (pertinent facts may arise during the public participation process) the Director of Planning and Economic Development is prepared to prepare a report recommending paragraph 4. The foregoing proposal is not binding upon the Town until its adoption and approval by Town Council. If not already provided by Manulife, a further term of the proposal would be the delivery of a Quit Claim by Manulife to the Town over Part 1 on Plan lOR-3914. We hope that this document can be delivered to the Town as soon as possible in order that the Town may complete its purchase of those lands from Sib-jel Investments Ltd., which transaction is now scheduled for completion on February 7, 1992. We understand that Sib-jel is prepared to agree to provide a Quit Claim to the Town in respect of any lands conveyed by Manulife to the Town. Yours truly, SHIBLEY RIGHTON Per: Nicholas T. Macos NTM/dh Encl. cc Mr. Walter Evans Mr. Frank Wu Mr. Dennis Hefferon .,. LICENCE This Licence made as of the 19th day of August, 1992. BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Licensor") - and - MANUFACfURERS LIFE INSURANCE COMPANY (hereinafter called the "Licensee") WHEREAS: A. The Licensee is the registered owner in fee simple, subject to certain leases, of the lands and premises more particularly described in Schedule "A" hereto (the "Adjoining Property"); B. The Licensor and the Licensee understand and agree that the lands more particularly described in Schedule "B" (the "Premises") comprise a portion of Frank Street that is untravelled; and C. The parties have agreed to make this Licence to permit the Premises to be used for the overflow of passenger road vehicle parking of customers invited by the Licensee or any person in lawful occupation of any portion of the premises located on the Adjoining Property. WITNESSETH THAT the Licensor licences to the Licensee and the Licensee licences and takes from the Licensor, subject to the terms and conditions set forth herein the part of the untravelled portion of Frank Street comprising the Premises, to be used and occupied by the Licensee for the purpose only of overflow parking of passenger motor vehicles for customers invited by the Licensee or a person in lawful occupation of any portion of the premises located on the Adjoining Property, for a term commencing on the 19th day of August, 1992, and ending on the 31st day of March, 2012, subject to earlier termination as hereinafter provided. This Licence is made upon the following terms and conditions, which the Licensor and the Licensee covenant and agree to keep and perform: 1. Licence Fee The Licensee shall pay licence fee of Two ($2.00) Dollars in advance on the first day of the term of this licence. 2. Allowable Use The Licensee, its tenants, sub-tenants and invitees shall use the Premises only for the purpose of temporary parking of motor vehicles during business hours. The Licensee shall paint and maintain parking spaces in accordance with a plan submitted to and approved by the Director of Public Works of the Licensor. The use of the Premises shall be subject at all times to the right of the Licensor, the Regional Municipality of Durham or any supplier of public utilities to enter upon the Premises to construct, operate and maintain such watennains, sanitary sewers, conduits, pipelines, cables or other installations (the "Works") as may be required from time to time across, under and through the Premises together with the right of such parties, their servants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the Premises at all times and to pass and re-pass thereon for the purpose of installing, constructing, reconstruction, examining, altering, repairing, renewing or replacing and maintaining the Works or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate upon the Premises. The Licensee hereby releases the Licensor from any and every claim which may or might arise out of the exercise by the Licensor, the Regional Municipality of Durham or any other supplier of public utilities of any of the rights hereby granted or which may arise out of the existence, operation, construction, reconstruction, examination, repair, renewal, replacement and maintenance of the Works. 3. Authority to Make Aireement The Licensee acknowledges and agrees that the Licensor has authority to enter into this Licence, that every provision hereof is authorized by law and is fully enforceable by the parties and that this Licence is made by the Licensor in reliance on the acknowledgement and agreement of the Licensee. 4. Maintenance and Repairs The Licensor shall have no responsibility or obligation of any nature whatsoever with respect to the repair or maintenance of the Premises. The Licensee shall maintain the Premises during the term of this licence as a paved area to reasonable standards and to the satisfaction of the Director of Public Work of the Licensor at the cost of the Licensee. -2- 5. Services The Licensor shall not be required to furnish any services or utilities to the Premises during the term of this licence. The Licensee assumes full and sole responsibility for the supply of and payment for such services and utilities, if any are required by the Licensee. 6. Surrender of Premises At the expiration of the term of this licence, the Licensee will peaceably yield up to the Licensor the Premises and the Licensee shall ensure that the Premises are in the same condition as is required to be maintained pursuant to Article 4. 7. Ins,pection The Licensor shall have the right at all reasonable times during business hours to inspect the Premises. 8. Insurance The Licensee shall maintain or cause to be maintained liability insurance naming the Licensor and the Licensee and any occupant as insured, in the amount of at least Two Million ($2,000,000.00) Dollars. The Licensee shall deliver to the Treasurer of the Licensor a policy of insurance certified and signed by the insurer forthwith after requested to do so. 9. ~ (a) The Licensee shall pay for all taxes, special or other assessments and other governmental charges (hereinafter called "real estate taxes") levied or assessed upon the Premises and the improvements which may be situate thereon, provided the same are due.. payable during the term of this licence. Any real estate taxes (or installments thereof, if payable in installments) shall be apportioned so that the Licensee shall pay only that portion of real estate taxes as falls within the term of this licence. If allowed by law, the Licensee may pay for real estate taxes in installments. The Licensee shall not be obligated to pay any income tax, tax on rents or rentals, profits tax, excise tax or other similar tax charge that may be payable by or chargeable to the Licensor under any present or future law of the Province of Ontario in which the Premises are located. (b) The Licensee shall have the right, by appropriate proceedings, to protest or contest any assessment or reassessment for real estate taxes, or any special assessment, or the validity of either, or of any change in assessments or the tax rate. ( c) The Licensee shall be entitled to receive any tax refunds properly allocatable to the term of this licence, as it may be extended., and relating to taxes paid by the Licensee, as a result of any such contests or proceedings. 10. Compliance With Law (a) During the term the Licensee shall, at its sole cost and expense, promptly comply with all laws, ordinances, orders, rules, regulations and requirements of all federal, provincial and municipal governments and governmental agencies, which are applicable to the Premises, to the improvements which may be situate thereon, or to the use, manner of use or occupancy thereof. (b) After prior notice to the Licensor, the Licensee shall have the right to contest by appropriate legal proceedings at the Licensee's sole cost and expense and with counsel of the Licensee's choosing, the validity of any law, ordinance, order, rule, regulation or requirement with which, by the provisions of this licence, it is obligated to comply. If by the terms of any such law, ordinance, order, rule, regulation or requirement, compliance therewith may be legally held in abeyance without incurring any lien or charge of record against the Premises, and without subjecting the Licensor to any fines, penalties or any other liability for failure to comply therewith, the Licensee may postpone compliance until the final determination of any such proceedings, provided that all proceedings shall be prosecuted with due diligence. 11. Default If the Licensee shall default in the performance of any of its obligations under this licence and if such default shall continue for five days after notice thereof from the Licensor specifying in what manner the Licensee has defaulted (except that if such default cannot be cured within said five-day period., this period shall be extended for a reasonable additional time, provided that the Licensee commences to cure such default within the five- day period and proceeds diligently thereafter to effect such cure), the Licensor may cure such default and any costs and expenses incurred by the Licensor therefor shall be deemed additional rent, or the Licensor may lawfully enter the Premises and repossess the same as of the former estate of the Licensor. -3- 12. Notices Any notice, request, communication or demand under this Licence shall be in writing and shall be considered properly delivered when given or served personally or by registered mail to the Lessee at 40 Temperance Street, Bowmanville, Ontario, Attention: Ms. Patti L. Barrie, Town Clerk and the Licensee at 250 Bloor Street East, Toronto, Ontario M4W 1E5 Attention: Vice-President Real Estate Investment. Such notice, request or demand shall be deemed to have been delivered on the date it is delivered if given or served personally or on the third day following mailing, if it is mailed. If at any time notice is delivered by mail and there is any cessation (whether anticipated or existing) of mail service affecting the delivery of such notice, the notice shall not be deemed to have been delivered until five (5) business days after the date that normal mail service is restored. 13. As.~~ment and Sub-licence The Licensee may not assign this licence or sub-licence all or any part of the Premises at any time during the term hereof without the consent of the Licensor which consent may be unreasonably withheld except in the cases of an assignment to a purchaser or mortgagee of the Adjoining Property or a sublease to a tenant of any portion of the Adjoining Property, provided that the purchaser, mortgagee or sub-lessee, as the case may be, enters into a written agreement with the Licensor to perform the duties of the Licensor under this License Agreement. 14. Non-Exclusive Licence The Licensee acknowledges that this licence of the Premises is non-exclusive. The Licensee shall have the first right of use of the Premises for the purpose set out herein subject to the right of others to use the Premises when the Premises are not in use by the Licensee. 15. Indemnity of Licensor The Licensee shall defend the Licensor and hold the Licensor harmless from and against all claims, actions, losses, damages and expenses (including reasonable legal fees) incurred by the Licensor in connection with the loss of life, personal injury or damage to property caused during the term of this licence, in whole or material part, by the act or omission of the Licensee, its agents, employees, licensees, invitees or contractors, arising (i) from any occurrence in or on the Premises, or (ii) from the use by the Licensee of any part of the Premises, or (ill) from any work undertaken by the Licensee on the Premises; provided that the provisions of this Article and the indemnity hereunder shall not be applicable when such claims, actions, losses, damages or expenses are caused wholly or in material part by the act or omission of the Licensor, its agents, employees, contractors, licensees or invitees. The Licensee shall have the right to defend, at its own expense and by counsel of its own choosing, and shall defend, against any claim to which the aforesaid indemnity agreement would apply, and the Licensor's right to defend or settle any such claim shall be limited to those cases where the Licensee has failed or refused to defend. 16. Counter.parts This licence may be executed in several counterparts, each of which shall be deemed to be an original, and all counterparts shall constitute one and the same instrument. This licence shall not be binding and in effect until at least one counterpart, duly executed by the Licensor and the Licensee, has been delivered to each party hereto. 17. Re~tration of Licence The Licensee shall not register this licence or notice of this licence against the title to the Premises. 18. Governini Law This licence shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the parties submit to the jurisdiction of the courts of the Province of Ontario in order to enforce this licence. 19. Invalidity If any term, covenant or condition of this licence to any extent is held invalid or unenforceable, the remainder of this licence shall not be affected thereby and each term, covenant and condition of this licence shall be separately valid and enforceable to the fullest extent permitted by law. 20. Miscellaneous (a) No remedy or election given by any provision in this licence shall be deemed exclusive unless so indicated, but each shall, whenever possible, be cumulative in addition to all other remedies in law or equity which either party may have arising out of the default of the other party and failure to cure such default within the applicable grace period. (b) Failure of either party to cure a default of the other under this licence shall not render such non- defaulting party in any was liable therefor, or relieve the defaulting party from any of its obligations hereunder. ~ .4. 21. ~UJdiQ' Alreement This licence shall bind and inure to tbe benefit of the parties bereto and their respective successors and assigns. 22. Etltire AIlreement This licence contains the entire agreement of the parties and shall not be modified except by aD instrument in writiag which is signed by both parties. IN WITNESS WHEREOF, this licence bas been duly excc:uted by the parties hereto as of the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE Per: Name: Title: Per: Name: Title: MANUFACTURERS LIFE INSURANCE COMPANY Per:- ~_o../1 :-~ Name: David F. Allison Title: Vice President Real Estate Investment ~~ Per: Name: Title: f\V' 0 SH-A\.\J l),jtlK-~ R .E. 1~"'UTlt'l~ \ SCHEDULE "A" DESCRIPTION 1 . I II I I I ALL AND SINOULAR thlit certaln plircel or tract of land and p!'~mi e .81tutlte, lyi!'1€; and bell'lg 1n the Town Of"Bowmanv11le County o-f . Durham, and Provlnce of Ontario, bel1'l;': oomposed of Part of LOt "i 011 of Lot lS and parts of Lots 16, 18, 19, J3 and 34, Eloct D:' accord1ng to a plan of thp. la1d Town .8~e by e.G. Hannlng P.:L~S dated the JOth day of June, 1869, which plan 1s 1n the Rek1~tr-. Office for the Reglstry Division of the 8a1d County of Durn am 'tQ boundkries of laid parcel being described aa followa:- ~~..~ . . COHNl::NCING at a point 1n the south l1mlt of K1ng Street (Hlg';'..~:~~: No.2) a d1stance of Tw~ hundred and F1fty feet (250') mcas~ed: Westerly therealong from the 1ntersect1on of sa1d 11m1t W1th.~~~ west 11m1 t of ~1mpson Avenue; .. - II ! TH~NCE Southerly parallel to the aa1d welt l1m1t of Slmpson Aven Three hundred teet (JOOI); THENCE Easterly parallel to the south 11mlt of K1ng Stree~ pre- viously mentloned, One hundred and Fourteen feet, Two and three- quarte~ inches (114' 2-J/4"); TH~NCE Northerly par~llel to the sa1d west l1m1t of Slmpson Aven' Three hundred feet (JOO') to a po1nt 1n the south 11m1t of K1ng Street a d1stance of One hundred and ~ourteen feet, Two and thre ouarter inohes (114' 2-3/4") meesured Easterly therealong from tl po1nt of commenoement; II " " 'I f. I' I, I; 'I I:, II II II II I! f ~ ~ THENCE Westerly along 8a1d south 11m1t of K1ng Strep.t One hundrec and .1o"ourteen feet, Two and three-quarter 1nches (114' 2-3/4") to I the p01nt of commenoement. I I TOO~HER wl th an easement for the purpose of the ma1ntenance, reo pa1~ and/or replaoement of a certp.ln gas 11ne 1n, over, along an. upon a str1p of th~ lands 1mmed1ately adJolnlnr. to the e~st of t. I lands here1n descr1bed, and for every such purpose the owner and, il tenant from t1me to tlme of the lands here1n descrlbed shall havf access to the sa1d lands at all times by its servants, employees ; and workmen, and the owners or tenants of the lands herein descr~ I sh:..ll be fUlly respons101e for all costs 1nvolved 1n restoring t'r I sa1d lands to the sal'!e condltion 1n Wh10h they shall have been I! found immed1ately pr10r to the commencement of suoh work, and fOI ,;- the performance of such work 1n a prompt and workmanllke manner,. 'I f0.111ng wh1ch 'the O\01ners or tenants from t1me to time of the le.ne here1n immediately adJo1n1ng to the East, at the1r opt1on, may ~I ~erform any work that becomes necessary to protect their bul1di~ I and/or lands upon wh10h 1t 1s constructed and to recover any II amounts so expended from the O\1ners or tenants of the lands here! ! descr1bed. The 8a16 8trlp shall be S1x foot (6') 1n perpendlculE i w1dti:, the centre 11ne of wh1ch extends easterly from the .iasterl boundary of 'the lands here1n descr1bed commenc1ng at a point ln t sa1d ~asterly bound~ry Th1rty-e1ght feet, ~1x 1nches (38' 6") mor or less measured Northerly therealong trom the Southerly 11mlt of the lands here1n descr1bed to a po1nt 1n the Westerly llmlt of /S1mpson Avenue, mea8ured Northerly therealong a d1stance .of Forty I three feet (43') more or less from the po1nt where the extenslon of the ~outherly boundary of the here1n descr1bed lands 1n~ersect the sa1d Westerly 11m1t of S1mpson Avenue. SUBJl::CT to an easement 1n favour of the owners or tenant. s fr~rrl t1me to tlme of the land! 1mmed1ately edj~1n1ne to the e~st oftt lands here1n f1rstly desorlbed. for the purpose of the ma1ntenanc repa1r ana/or replacement of a slx 1nch (6") sanl tary sewer 1in.e and two one 1nch(1") water 11nes 1n, over, alo~ a:'ld upon a stri of the landS here1n descrlbed, wh1ch str1p cont~1ns ell of the last referred to 11nes; and for every suoh purpose the sald ow~er or tenants from t1me to t1me shall have access to the said lanc~ by thel'r servants, employees and workmen, -prov1ded that any wor t~ taken upon th1s easement by the owners or t~nants from t1merto ~ of the lands i~~ed1Rtely adjo1ninr. to the east shall be per orrr.e~ ln a prompt and work~anllke manner and 1n such a manner th~tfnot morp. than 25% of the length of the easement shall be opene or e~cavat1on at anyone time and that 1n no wa;; whatsoever shall . access to the rear entrance of the building stand1ng on the lanos I here1n descr1 'oe~ at the date hereof be 1mpeded, under the d1rect~ " Ii ji --~- -- -- ~! - . ~ I .. . II I -2- II 4 I, . . of an archl tect or englneer appolnted by the owners or tenant.~'" -.: 1/: from time to t1me of the lands hereln descr1bed and the owner.J ;. 'I or tenants of the lanc3s 1mmediately adjoln1ng to the east Ihal'l.. III be '\l~1.1 respons1ble for all costs lnvolved 1n restor1ng the .,.. '. I 1 a. n~. i...ld.d1cr1bed to the .ame cond1 tion in wh1ch they .hall ha .. 0 .'. : ~'I been found immed1ately pr10r to the commencement of such ~rk,..., I and tor the performance of luch work in a prompt and worir.manl1ke manner, fa111ng wh1ch the owners or tenants from time to tlm~ .cf~t Ie land. here1n descr1bed, at the1r opt10nt. may perform any work thE".t ,I b. eco.m.e..snece.8ary to pr.ot.ect the1r bu1l~ng and/or land. upon WhiCll' 1t 11 constructed and to recoyer any amounts .0 expended from. the I owners or tenants of the. 1.ands 1mmed1ately adj01ning to the 'E'fooIf1;. ~he la1d .tr1p .hall be S1x toot (6') 1n perpendlcular W1dth,' th~ centre 11ne of wh1ch extends Westerly from the Easterly bound9:ry: I of the lands hereln descr1-bed commenclfJg at a polnt 1n the sal.1" II Easterly boundary Thlrty-f1ve feet, SlX lnche. (35' 6") more or jl les....measured Northerly therealong from the Southerly limlt of the lands here1n descrl bed to a polnt 1n the Easterly boundary of 'I Prank Street, mea.ured Northerly therealong a dl.tance of Th1rty l'eet( 30') more or less from the pOlnt where the Southerly boundar " of the hereln descr1bed land. intersects the lald Easterly boundarY,' of Frank Street. 'I TOGl~HER w1th an easement ln favour of the owners or tenants from J tlme t.o tlme of the lands herein described ln, over, along and upo .' the whole of the lands lmmedlately adjOlning to the ea.t of the ,I ,landl here1n descrlbed, (except1ng only sucn part of the sald landS: 1Dl1ued1ately adjo1n1ng to the East on whlch at the date hereof, 'I foundatlons for a bulld1ng 100' 0" by 80' 4.3/4" in dlmenslons and I 10ad1ng platforms attached thereto have been constructed), and all II I e.ntrances to the sa1d adJ01n1ng lands from Slmpson A'renue on the, lEast and K1ng Street on the North, tor the purpose of lngress and egress of pedestr1ans and veh1cles of all kinds to and from the I lanos hereln descrlbed over the lands adj01ning to the East, and for the purpose of- parklng by the customers of the owners or tenants from tlme to tlme of the lands here1n descr1bed on that part of th': ,lands adJoln1ng to the East deslgnated as park1ng areas 1n front I' lof the north of the building above last referred to the lands 1111mmedl!atelY adj01n1ng to the ::ast and the subject of thls easement ,belng morepartlcularly descr1bed as follows: !I ALL .ANP SINGU1.kR that certaln parcel or tract of land and premlses I ,lsltuate, lylng anti be1n~ 1n the Town of Bo'~anv111e County of II' DU. r. ham., Proy1nce of Ontar1o. being composed of Lot hand parts of I ! Lots 16, 18, and 34, Block D, accord1ng to a plan of sa1d Town I m~de by e.G. Henn1nc;, P.L.~., dated the 30th day of June, 1869, ,I Ii wh1ch p..lan 1s In.. the Reglstry Off1ce for the Reglstry D1vlslon of Ii ,the sa1dCounty of Durham, the boundar1es of sa1d parcel belng II I: described as follows: I 11 COJ'h'~ENClliG at the lntersect10n of the South 11ml t of K1ne; Street I I (Hlghway No.2) wlth the \-lest 11m1t of S1mpson Avenue; . II Ii If 'I 'THENCE> Southerly along the sa1d West 11ml t of Slmpson Ayenue ,; ,Three hundred feet (0300'); [i II ' I 'I THENCE \-festerly parallel to the South 11m1t of King Street One ,! I hundred and Thlrty-f1 ve feet, n1.ne and one qwarter 1nches (1.35' 9~'~); 'I' I III Th:::NCE Northerly parallel to sa1d West 11ml t of S1DipSQn Aven~,e Three hundred feet (300') to a point 1n the South 11m1t of King II Street distant One hund.red and Th1rtY-f1vefeet, n1ne and one- . quarter. 1nches (135' 9~,II) ilesterly therein from the polnt of I com.'1encement; I ' ,i I TH:::NCE Easterly along sald South 11m1t of K1ng Street One hundred Ii I and Th1rty-fi ve feet, nine and one-quarter 1nches (135' 94.") to II, ,the pOint Of co~~encement. I SUBJECT to an easement ln favour of th~ owners or tenants fro~ I time to time of the last descrlbed land lm.'':ledlately adjoin1ng to . the East 1r., over alone and upon the whole of the lands herein I'descrlbed (except1~ such part of the l~nds .descrl 't,~d harein _., I nC~:..l01ed at the date hereof by a bulld1ng Seventy-flve feet, ;'1ve 'and seven-e1ghths 1nch~s (75' 5 -7 /8") ln width at the front by II a depth of One hundred and Thirty-two feet, one and three-quarter I Ii I I'.' I :1 , - ... ... -)- inches (1)2' 1-3/4") {One hundred and five feet, One and one.- quarter inches (105' 1*") in width at the rear) in dimensions and loading platforms att~ched thereto), and all the entrances to 'the said lands herein described from Frank Street on the \lest arid King Stre~t on the North, for the purpose of ingress and egresb of pedestrians and vehicles of 6.11 kinds to and from the lal.G.b inmediately adjoining to the East over the herein described ')flnds and for the purpose of parking by the customers of the ownel'S 01' tenants from time to t1me of the lands immediately adjoin1~ to the ~ast on that ~~rt of the lands here1n described des1gnat~~ l as parking areas in front of and to the North of the building , - above last referred to. - . , . . . .. ., , f I, ~ iI II il ' I~ II .1 !I j: ,I " 11 I Save and except pan of Lots 14, 15, 16, Block D, e.G. Hanning's Plan, in the Town of Newcastle (former Town of BowaJDa.m'1lle) Regional Municipality of Durham, designated as Part 2 on Reference Plan lOR-3914 and Part 1 on Reference Plan 4OR-14151. iI .. 'I !, " !: :: !! I' ,: :1 !i 'i J, I; " i' ~ 1 l. " I' I, " l. I: .' I' II " II Ii r :' 11 II .: 1: " ;1 j; :1 I, " Ii Ii .1 II 'I I .. I: " " I' , 'I ., " ;' l' ,I .. I I' :1 I 'I \, II II \: 11 I , I Ii II II I i I I ,: I' -"..- , . t ,.'~ ~ . ...~ .5. SCHEDULE -B- Part of Lot 14, Block D, C.G. Hanning's P1a.o in the Town of Newcastle (former Town of BOWDlanville), Regional Municipality of Durham designated as Parts 2 and 3 OD RefereDcc P1a.o 4OR.14151. t I ~I: ( , oj ~ SCHEDULE "A" LICENCE May 7/92 This Licence made as of the ..;blrJday of .Ju nc.. , 19 q :z BE1WEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (herelnaller called tbe "Licensor") . and - MANUFACTURERS LIFE INSURANCE COMPANY (hereinafter called the "Licensee") WHEREAS: A. The Licensee is the registered owner in fee simple, subject to certain leases, of the lands and premises more particularly described in Schedule "A" hereto (the "Adjoining Property"); B. The Licensor and the Licensee understand and agree that the lands more particularly described in Schedule "B"(the "Premises") comprise a portion of Prank Street that is untravelled; and C. The parties have agreed to make this Licence to permit the Premises to be used for the overflow of passenger road vehicle parking of customers invited by the Licensee or any person in lawful occupation of any portion of the premises located on the Adjoining Property. . WITNESSETH THAT the Licensor licences to the Licensee and the Licensee licences and takes from the Licensor, subject to the terms and conditions. set forth herein the part of the untravelled portion of Prank Street comprising the Premises, to be used and occupied by the Licensee for the purpose only of overflow parking of passenger motor vehicles for customers invited by the Licensee or a person in lawful occupation of any portion of the premises located on the Adjoining Property, for a term commencing on the day of , 19 and ending on the 31st day of March, i061), subject to earlier termination as hereinafter provided. . 20 1 L. This Licence is made upon the following terms and conditions, which the Licensor and the Licensee covenant and agree to keep and perform: 1. Licence Pee The Licensee shall pay licence fee of Two ($2.00) Dollars in advance on the first day of the term of this licence. 2. Allowable Use The Licensee, its tenants, sub-tenants and invitees shall use the Premises only for the purpose of temporary parking of motor vehicles during business hours. . The Licensee shall paint and maintain parking . spaces in accordance with a plan submitted to and approved by the Director of Public Works of the Licensor. The use of the Premises shall be subject at all times to the right of the Licensor, the Regional Municipality of Durham or any supplier of public utilities to enter upon the Premises to construct, operate and maintain such watermains, sanitary sewers, conduits, pipelines, cables or other installations (the "Works") as may be required from time to time across, under and through the Premises together with the right of such parties, their servants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the Premises at all times and to pass and re-pass thereon for. the purpose of installing, constructing, reconstruction, examining, altering, repairing, renewing or replacing and maintaining the Works or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate upon the Premises. The Licensee hereby releases the.Licensor from any and every claim which may or might arise out of the exercise by the Licensor, the Regional Municipality of Durham or any other supplier of public utilities of any of the rights hereby granted or which may arise out of the existence, operation, construction, reconstruction, examination, repair, renewal, replacement and maintenance of the Works. 3. Authority to Make AlP'eement The Licensee acknowledges and agrees that the Licensor has authority to enter into this Licence, that every provision hereof is authorized by law and is fully enforceable by the parties and that this Licence is made by the Licensor in reliance on the acknowledgement and agreement of the Licensee. 4. Maintenance and Repairs The Licensor shall have no responsibility or obligation of any nature whatsoever with "respect to the repair or maintenance of the Premises. The Licensee shall maintain the Premises during the term of this licence as a paved area to reasonable standards and to the satisfaction of the Director of Public Work of the Licensor at the cost of the Licensee. .~ " } .' - 2 - 5. Services The Licensor shall not be required to furnish any services or utilities to the Premises during the term of this licence. The Licensee assUD1es full and sole responsibility for the supply of and payment for such services and utilities, if any are required by the Licensee. . .. 6. Surrender of Premises At the expiration of the term of this licence, the Licensee will peaceably yield up to the Ucensor the Premises and the Ucensee shall ensure that the Premises are in the same condition as is required to be maintained pursuant to Article 4. 7. Inspection The Licensor shall have the right at all reasonable times during business hours to inspect the Premises. 8. Insurance The Licensee shall maintain or cause to be maintained liability insurance naming the Licensor and the Licensee and any occupant as insured, in the amount of at least Two Million ($2,000,000.00) Dollars. The Licensee shall deliver to the Treasurer of the Ucensor a policy of insurance certified and signed by the insurer forthwith after requested to do so. 9. law (a) The Licensee shall pay for all taxes, special or other assessments and other governmental charges (hereinafter called "real estate taxes") levied or assessed upon the Premises and the improvements which may be situate thereon, provided the same are due and payable during the term of this licence. Any real estate taxes (or installments thereof, if payable in installments) shall be apportioned so that the Ucensee shall pay only that portion of real estate taxes as falls within the term of this licence. IT allowed by law, the Licensee may pay for real estate taxes in installments. The Licensee shall not be obligated to pay any income tax, tax on rents or rentals, profits tax, excise tax or other similar tax charge that may be payable by or chargeable to the Licensor under any present or future law of the Province of Ontario in which the Premises are located. (b) The Licensee shall have the right, by appropriate proceedings, to protest or contest any assessment or reassessment for real estate taxes, or any special assessment, or the validity of either, or of any change in assessments or the tax rate. (c) The Licensee shall be entitled to receive any tax refunds properly allocatable to the term of this licence, as it may be extended, and relating to taxes paid by the Licensee, as a result of any such contests or proceedings. 10. Compliance With Law (a) During the term the Licensee shall, at its sole cost and expense, promptly comply with all laws, ordinances, orders, rules, regulations and requirements of all federal, provincial and municipal governments and governmental agencies, which are applicable to the Premises, to the improvements which may be situate thereon, or to the use, manner of use or occupancy thereof. (b) After prior notice to the Licensor, the Licensee shall have the right to contest by appropriate legal procee'.ding~ at the Licensee's sole cost and expense and with counsel of the Licensee's choosing. the validity of any law, ordinance, order, rule, regulation or requirement with which, by the provisions of this licence, it is obligated to comply. IT by the terms of any such law, ordinance, order, rule, regulation or requirement, compliance therewith may be legally held in abeyance without incurring any lien or charge of record against the Premises, and without subjecting the Licensor to oy fines, penalties"or any other liability for failure to comply therewith, the Licensee may postpone compliance until the final determination of any such proceedings, provided that all proceetting.c: shall be prosecuted with due diJigence. 11. Default If the Licensee shall default in the performance of any of its obligations under this licence and if such default shall continue for five days after notice thereof from the Ucensor specifying in what mannet the Ucensee has defaulted (except that if such default cannot be cured within said five-day period, this period shall be extended for a reasonable additional time, provided that the Licensee commenceS to cure such default within the five- day period and proceeds diligently thereafter to effect such cure), the Licensor may cure such default and any costs and expenses incurred by the Licensor therefor shall be deemed additional rent, or the Licensor may lawfully enter the Premises and repossess the same as of the former estate of the L!.censor. . , . .' 6> .3- 12. f'lotices Any notice, request, communication or demand under this Licence shall be in writing and shall be considered properly delivered when given or served personally or by registered mail to the Lessee at 40 Temperance Street, Bowmanville, Ontano, Attention: Ms. Patti L. Barrie, Town Clerk and the Licensee at . Such notice, request or demand shall be deemed to have been delivered on the date it is delivered if given or served personally or on the third day following mailing, if it is mailed. If at any time notice is delivered by blail and there is any cessation (whether anticipated or existing) of mail service affecting the delivery of such notice, the notice shall not be deemed to have been delivered until five (5) business days after the date that normal mail service is restored. 13. Assi~ment and Sub-licence The Licensee may not assign this licence or sub-licence aU or any part of the Premises at any time during the term hereof without the consent of the Licensor which consent may be unreasonably withheld except in the cases of an uc:.ig1'ment to a purchaser or mortgagee of the Adjoining Property or a sublease to a tenant of any portion of the Adjoining Property, provided that the purchaser, mortgagee or sub-lessee, as the case may be, enters into a written agreement with the Licensor to perform the duties of the Licensor under this License Agreement. 14. Non-Exclusive Licence The Licensee acknowledges that this licence of the Premises is non-exclusive. The Licensee shall have the frrst right of use of the Premises for the purpose set out herein subject to the right of others to use the Premises when the Premises are not in use by the Licensee. .' 15. Indemnity of Licensor The Licensee shall defend the Licensor and hold the LicenSor harmless from and against aU claims, actions, losses, damages and expenses (including reasonable legal fees) incurred by the Licensor in connection with the loss of life, personal injury or damage to property caused during the term of this licence, in whole or material part, by the act or omission of the Licensee, its agents, employees, licensees, invitees or contractors, arising (i) from any occurrence in or on the Premises, or (ii) from the use by the Licensee of any part of the Premises, or (ill) from any work undertaken py the Licensee on the Premises; provided that the provisions of this Article and the indemnity hereunder shall not be applicable when such claims, actions, losses, damages or expenses are caused wholly or in material part by the act or omission of the Licensor, its agents, employees, contractors, licensees or invitees. The Licensee shall have the right to defend, at its own expense and by counsel of its own choosing, and shall defend, against any claim to which the aforesaid indemnity agreement would apply, and the Licensor's right to defend or settle any such claim shall be limited to those cases where the Licensee has failed or refused to defend. 16. Countelllarts This licence may be executed in several counterparts, each of which shall be deebled to be an original, and all counterpart$ shall constitute one and the same instrument. This licence shall not be binding and in effect until at least one counterpart, duly executed by the Licensor and the Licensee, has been delivered to each party hereto. 17. Re,pstration of Licence The Licensee shall not register this licence or notice of this licence against the title to the Premises. 18. Governin~ Law This licence shall be govemedby and interpreted in accordance with the laws of the Province of Ontano and the parties submit to the jurisdiction of the courts of the Province of Ontano in order to enforce this licence. 19. Invalidity U any term, covenant or condition of this licence to any extent is held invalid or unenforceable, the remainder of this licence shall not be affeded thereby Idld each term, covenldlt and condition of this licence shall be separately valid and enforceable to the fulJest extent permitted by law. (b) Miscellaneous No remedy or election given by any provision in this licence shall be deemed exclusive unless so indicated, but each shall, whenever possible, be cumulative in addition to aU other remedies in law or equity which either party blay have arising out of the default of the other party and failure to cure such default within the applicable grace period. Failure of either party to cure a default of the other under this licence shall not render such non- defaulting party in any was liable therefor, or relieve the defaulting party from any of its obligations hereunder. 20. (a) ! ..". ." ~ " . . - 4 - 21. Bindin~ Aereement This licence shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. r'" 22. Entire Aireement This licence contains the entire agreement of the parties and shall not be modified except by an instrument in writing which is signed by both parties. IN WITNESS WHEREOF, this licence has been duly executed by the parties hereto as of the day and year first above written. TIlE CORPORATION OF THE TOWN OF NEWCASlLE By: And: MANUFAClURERSLIFE lNSURANCECOMPANY By: Name: Title: And: Name: Title: . , -,,;.... SCHEDULE "A" . . . . .. DESCRIPrION - .. . . ALL AND SINGULAR that certa1n parcel or tract of land and pl'eli1i~ situate, 1Y1M Md being 1n the .Town of Bowmanv111e County o-f . Durham, and Province of Ontario, belny. oomposed of part of Lot. .i all of Lot 15 and parts of Lots 16. 18, 19, 3J and 34, Bloct D:': accordlng to a plan of thp. said Town marle by C.G. Hann1ng P.:L:S dated the 30th day of June, 1869, whlch plan is 1n the Reglttr..... Offlce for the Reg1stry D1v1s10n of the sa1d County ofDurfiam, ~tQE bound&rles of Baid porcel belng descr1bed as follows:- ~..... . . . ;., . . COHI'iBNCING at a polnt 1n the south 11m1t of Klne Street (Hlg.r..~:cr lJo. 2) a dlstr:mce of Two hundred and Flfty feet (250') measured:- Westerly thercalong from the intersection of said limlt W1th.~to west limit of Slmpson Avenue; ~ . TH~NCE Southerly parallel to the aa1d west limit of S1mpson AvenL Three hundred reet ()OO'); THENCE Easterly parallel to the south limit of King Street pre- vlously ment10ned, One hundred and Fourteen feet, Two and three- quarte~ 1nches (114' 2-3/4"); THENCE Northerly par~llel to the said west 11mit of S1mpson Avent Three hundred feet .(300') to a polnt 1n the south limit of King Street a d1stance of One hundred and ~ourteen feet, Two and threE ouarter inches (114' 2-3/4") meesured Easterly therealong from tt... polnt of commencement; I i/ I, I: I, I: 'I Ii " II II \, I' II , I THENCE Westerly along sald south 11mlt of K1ng Strep.t One hundrec and Fourteen feet, Two and three-quarter inches (114' 2-)/4") to the point of commencement. I I TOGETHER ",i th an easement for the purpose of the. maintenance, re- pal~ and/or replacement of a cert?in gas line ln, over, along ant upon a strip of the lands immedlately adJ01n1nr. to the eHst of t~ I lands herein described, end for every such purpose the owner and; 'I tenant from tlme to tlme of the lands herein descr1bed shall have access to the said lands at all times by its servants, employees I' and workmen, and the owners or tenants of the lands here1n descr1 sh~11 be fully responsible for all costs lnvolved ln restoring tt I said lands to the same condl tlon ln Wh1ch they shall have been If found immed1ately prior to the commencement of such work, and for !'I the performance of such work in a prompt and workman11ke manner, I failing which the o\.mers or tenants from time to time of the lane here1n 1mmed1ately adjoining to the East, at their option, may 'I ?erform any work that becomes necessary to protect the1r buildlng I and/or lands upon which it ls constructed and to recover any II amounts so expended from the o\~ners or tenants of the lands herei idescribed. ~'he said strip shall be Slx foot (6') in perpendlcula. , wldti:, the centre line of whlch extends easterly from the Lasterl boundary of the lands herein described commencing at a point 1n t said ~asterly boundRry Thlrty-eight feet, Six inches (38' 6") mor or less measured Northerly therealong from the Southerly 11m it of the lands hereln descrlbed to a point 1n the Westerly limit of Simpson Avenue. measured Northerly therealong a dlstance of Forty three feet (4)') more or less from the point where~the extension of the ~outherly boundary of the herein descrlbed lands 1ntersect the said Westerly limlt of Simpson Avenue. .. SUBJECT to an easement 1n favour of the owners or tenants from time to time of the lands immediately adJoininB to the east of th lands herein flrstly described, for the purpose of the malntenanc repair and/or replacement of a six inch (6") sanitary sewer line and two one inch (1") water lines in, over, alollR and upon a str1 of the lands here1n described, which strip cont~1ns all of the last referred to l1nes; and for every such purpose the sald owner or tenants from t1me to time shall have access to the said lands by the1.r servants employees and workmen, 'Provided that any work, taken upon this e~sement by the owners or t~nants from time to t1: of the lands iarnedlately adjolninr. to the east shall be perfor~ed ln a prompt and work~an11ke manner and 1n such a manner that not more than 25% of the length of the easement shall be opened for I excavation at anyone time and that 1n no wa;.; whatsoever shall _ access to the rear entrance of the building standlng on the lanas herein described at the date hereof be impeded, under the direct1 I I. " -2- ; , I . , . . " '. . , . . . . . . . of an architect or engineer appointed by the owners or tenan~J'" from time to tIme of the lands herein descrIbed and the owner.J : " I or tenants of the lands immedlately adjoining to the east eha~l.. be (y+.lrnresponsible for all costs involved in restoring the ..'., '; J lantI81d~8crlbed to the same condition in which they ehall havo .~. ~ .) been found immediately prIor to the commencement of INch tfOrlt..,.. . . ~ and for the performance of auch 'WOrk in 8 prompt and. worlt'.manllke manner, falling which the owners or tenants from time to tim~ 'cf .t 'e lands herein described~ at their option, may perform any work th~t I becomes necessary to protect their building and/or lands upon Wh101i it is constructed and to recover any amounts so expended from. the I owners or tenants of the lands immediatel,. adjoining to the "E'foI:i1;. The sald 8trlp 8ha11 be Six foot (6') 1n perpendicular width,' thb /: centre line of which extends Westerly from the Ea.sterlY boundary: I of the lands herein described commencing at a point in the saij.. Easterly boundary Thirty-five feet, Six inches (35' 6") more or ]' less measured Northerly therealong from the Southerly limit of the lands herein described to a point in the Easterly boundary of '\ Prank Street, measured Northerly therealong a d1stance of Thirty feet (30') more or less from the p01nt where the Southerly boundar ; of the herein described lands 1ntersects the 8ald Easterly boundar]"! of Frank Street. TOGh~HER with an easement in favour of the owners or tenants from t1me to tIme of the lands here1n descr1bed in, over, along and upo .' the Whole of the lands immediately adjo1ning to the east of the ,'1 'lands herein described, (excepting only Bucn part of the said land I' 1~nedlately adjoining to the East on which at the date hereof, 4 foundations for a building 100' 0" by 80' 4-3/4" in dimensions and I loading platforms attached thereto have been constructed), and all I I entrances to the said adjoining lands from Simpson Avenue on the l I East and King Street on the North, for the purpose of ingress and egress of pedestrians and vehicles of all kinds to and from the J lanos herein described over the lands adjoining to the East, end for the purpose of parkine by the customers of the owners or tenan from time to time of the lands herein described on that part of thi ,lands adjoining to the East designated as parkIng areas In front I'. lof the north of the buildIng above last referred to the lands ,'1mmediatelY adjoining to the East and the subject of this easement j being moreparticularly described as follows: !I ALL .AND SINGULhR that certain parcel or tract of land and premises , situate, lying and being in the 'l'own of BO\-lJDanVille, County of ','Durham, Province of Ontario, being composed of Lot 17 and parts of . Lots 16, 18, and 34, Block D, according to a plan of said Town I mnde by C.G. Hanning, ~.L..:J., dated the 30th day of June, 1869, ,I I,WhiCh plan 1s in the Registry Office for the Hegistry Division of , ,the said County of Durham, the boundaries of said parcel being 'I ,: de.scribed as follows: I. II COj'lhENCIHG at the intersection of the South limit of Kine; Street I I (Highway No.2) with the "Jest 11mi t of Simpson Avenue; ,( I! I I,'THENCE Southerly along the said West limit of S1mpson Avenue I' I Three hundred feet (300'); II ,lllTHENCE Westerly parallel to the South lImit of K1ng Str~et One . I I hundred and Thirty-f1ve feet, nine and one quarter 1nches (lJ5 t 9*,,1); 'I -' IIITH~NCE Northerly parallel to said West limit of Simpson Avenue Three hundred feet (JOO') to a point in the South 11mit of King Street distant One hundred and Thirty-five feet, nine and one- quarter inches (1.35' 9~") \--;esterly therein from the point of com.'lencement; l~ <~ ':~-~f.~:~'~' , .~.~-,~., :1rj~.~" ..' ~r;...~.."\1n .. '-".......... .,:':'"' .;; -.=-. _.~W~ ...",~' "~ ."''';''~ .. ;~~ ;~'. ~'.. .~- .' - J II ,I I inches (1;2' 1-3/4") (One hundred and five feet, One and one..- quarter inches (105' 1tll) in width at the rear) 1n d1mensions ond loading platforms att~ched thereto). and all the entrances to "the sald lands herein descr1bed from Frank Street on the \lest arId - K1ne Stre~t on the North, for the purpose of ingress and egresb ~ of pedestrians and veh1cles of fAll k1nds to end from the lar&'b c... 1mI!1ediately adjoining to the East o\ler the herein described .lands and for the purpose of parking by the customers of the ownel-S 01' tenants from time to time of the landS immed1ately ad.1oin1~ to the Bast on that ~~rt of the lands herein descr1bed designated as parkin6 areas in front of and to the North of the building '. above last referred to. . . . -)- . . . " " I I, II II !I !I ,I , " 'I !: II '. " ;\ II .: I, I~ ,I II ,: \1 ~ I I, j: II ,I ~ I ,I I, II I, I' I i' " j; 11 II Ii " !: (I .' " li II 1. i~ :1 'I :! " I, n II Ii " II !I !: ., j! .f ;' :I I' ,I I' I: :i " . " j! I; " II II I' II \1 II I! 1\ I I Save and except part of Lots 14, 15, 16, Block D, CoG. Hanning's Plan, in the Town of Newcastle (former Town of Bowamanville) Regional Municipality of Durham, designated as Part 2 on Reference Plan 10R.3914 and Part 1 on Reference Plan 40R-14151. 1 I I I I 1\ II II I i I ! I i I . t l _ I ,I _ _ _ __Ii I .. . I . ,,#. , ' . .. - 5 - SCHEDULE a8" Part of Lot 14, Block D. e.G. Hanning's Plan in the Town of Newcaslle (former Town of Bowmanville). Regional Municipality of Durham designated as Parts 2 and 3 on Reference Plan 4OR-14151.