HomeMy WebLinkAbout94-117
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 94-117
being a By-law to authorize the execution of a
Front-Ending Agreement, between the Municipality of
Clarington and Schickedanz Bros. Limited, under the
Development Charges Act, respecting the Mann Street
Storm Sewer Oversizing Works
WHEREAS the Council of The Corporation of the Municipality of
Clarington approved the recommendations contained in
Report WD-44-94 for the execution of agreements between the
Corporation of the Municipality of Clarington and Schickedanz Bros.
Limited;
NOW THEREFORE the Corporation of the Municipality of Clarington
hereby enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute, on
behalf of the Corporation of the Municipality of Clarington,
and seal with the Corporate Seal, a Front-Ending Agreement,
between the Municipality of Clarington and Schickedanz Bros.
Limited, under the Development Charges Act, respecting the
Mann Street Storm Sewer Oversizing Works;
2. THAT this agreement attached hereto as schedule "A" form part
of this By-law.
By-law read a first and second time this 18th day of July, 1994.
By-law read a third time and finally passed this 18th day of
July, 1994.
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Document General SoftDoca8 3.11/DislribuW by De Proca. So/ltHreLU,
Form 4 - Land Registration Reform Act 7086
(1) Registry . Land TItles ~ y (2) Page 1 of . 'r pages
(3) Property Block Property
Identlfler(s)
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(4) Nature of Document
MUNICIPAL BY.LAW
(5) Consideration
Dollars $
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(6) Descrlptlon"'-
Municipality of Clarington
Regional Municipality of Durham
as more particularly described in Schedule "1" attached
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(7) This
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(a) Redescription (b) Schedule for:
New Easement Addltional
Plan/Sketch 0 Description [XI Parties 0 Other !XI
See certified copy of By.law No. 94-117 of The Corporation of the Municipality of Clarington attached.
((9) ThIs Document relates to Instrument number{s)
(10) Party{les) (Set out Status or Interest)
Name(s)
Continued on Schedule 0
Signature(s)
Date of Signature
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THE..CORPORATION.,OF"THE,MUNICIPALI.TY,OF ".,',....."..~~,:,',.....?~..,~"""""""""'~".,'"".""""""",..1.,.19.9.,7""..1.0.1,10,7,..,
CLARINGTON, by its solicitor Nicholas T. Macos I I I
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Name(s)
Date of Signature
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(13) Addre..
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(14) Municipal Addre.. of Property
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(15) Document Prepared by:
Nicholas T. Macos
Barrister & Solicitor
130 Adelaide Street West
Suite 2500
Toronto, Ontario
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 94-117
being a By-law to authorize the execution of a
Front-Ending Agreement, between the Municipality of
Clarington and Schickedanz Bros. Limited, under the
Development Charges Act, respecting the Mann Street
Storm Sewer Oversizing Works
WHEREAS the Council of The Corporation of the Municipality of
Clarington approved the recommendations contained in
Report WD-44-94 for the execution of agreements between the
Corporation of the Municipality of Clarington and Schickedanz Bros.
Limited;
NOW THEREFORE the Corporation of the Municipality of Clarington
hereby enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute, on
behalf of the Corporation of the Municipality of Clarington,
and seal with the Corporate Seal, a Front-Ending Agreement,
between the Municipality of Clarington and Schickedanz Bros.
Limited, under the Development Charges Act, respecting the
Mann Street Storm Sewer Oversizing Works;
2. THAT this agreement attached hereto as schedule "A" form part
of this By-law.
By-law read a first and second time this 18th day of July, 1994.
By-law read a third time and finally passed this 18th day of
July, 1994.
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SCHEDULE "1"
LEGAL DESCRIPTION OF LANDS
Area 2B
Firstly: Remainder of Parcel 11-2, Section Con. 2, Municipality of Clarington (formerly Town
of BowmanviUe ).
Secondly: Parcel 1-1, Section 10M-835 being Lot 1, Plan 10M-835, Municipality of
Oarington, Regional Municipality of Durham.
Area 2D
Parcel 10-2, Section Con. 2 Bowmanville, Municipality of Clarington, in the Regional
Municipality of Durham, being composed of Part of Lot 10 in Concession 2 of the
Geographic Township of Darlington, designated as Part 1 on Reference Plan 40R-14379.
Area 2E
Parcel 11-1, Section Concession 2, (Bowmanville) being Part of Lot 11, Concession 2,
geographic Township of Darlington, designated as Parts 1 and 2, on Plan 10R-442, in the
Municipality of Clarington, in the Regional Municipality of Durham. Subject to an easement
in and upon said Part 2 on Plan 10R-442 more particularly set out in Instrument No. 5968.
Area 4C
Parcel Con. 2-9-1, Section Darlington, in the Municipality of Clarington, in the Regional
Municipality of Durham, being composed of part of Lot 9 in Concession 2 of the Geographic
Township of Darlington, designated as Part 1 on Reference Plan 40R-15339.
Area 4D
Remainder of Parcel 8-3, Section Con. 2, Newcastle (Darlington) -Bowmanville, in the
Municipality of Clarington, in the Regional Municipality of Durham.
Area4F
Parcel 2-1, Section H-50077, being composed of Part of Lots 2, 96, 97 and 98 and part of
Lots 4 and 95, Block E on Plan H-50077, being a subdivision of part of Lot 9 in Concession
2 of the Geographic Township of Darlington, Municipality of Clarington, Regional
Municipality of Durham, designated as Part 3 on Reference Plan 10R-3976.
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Schedule "1"
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Area 6C
Firstly: Remainder of Parcel 11-2, Section Con. 2, Municipality of Clarington (formerly Town
of Bowmanville), being composed of Part of Lot 11, Concession 2, and Part of Lots 14 and
16 according to Hambly Plan (by L.H. Shortt) of Part of Lot 12, Concession 2, of the
Geographic Township of Darlington, designated as Part 1 on Reference Plan 10R-3416, save
and except that part of Part 1, Plan 10R-3416 contained within Plan 10M-835, Municipality
of Clarington (formerly Town of Newcastle) in the Regional Municipality of Durham.
Secondly: Parcel 1-1, Section 10M-835 being Lot 1, Plan 10M-835, Municipality of Clarington
in the Regional Municipality of Durham.
Area 8A
Parcel 8-1, Section Block 2, (Hanning Plan) (Bowmanville), in the Municipality of Clarington,
in the Regional Municipality of Durham being composed of part of Lot 9 in Concession 1
of the Geographic Township of Darlington, also known as part of Lot 8, Block 2, e.G.
Hanning Plan and part of Lots 9, 26 and 27 on Plan H-50075 of the said Geographic
Township of Darlington designated as Parts 1, 2, 3,4 and 5 on Reference Plan 40R-14082.
Area 9B
Parcel A-l, Section Plan ~701 (Bowmanville), in the Municipality of Clarington, Regional
Municipality of Durham, formerly in the Town of Bowmanville, County of Durham, being
Blocks A, B, C, D, E, G, H, I and Bowtown Court (as closed by judges order registered as
70097) according to plan 701 registered in the Land Registry Office for the Registry Division
of Newcastle and Part of Block 3 on the North Side of King Street according to e.G.
Hanning's Plan being a subdivision of Lot 10 in Concession 1 of the original township of
Darlington designated as Parts 1, 2, 3 and 4 on a Plan of Survey of Record in the Land
Registry Office, Land Titles Division of Newcastle at Newcastle as 10R-659.
Province
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Document General
Form 4 - Land Re Istratlon Reform Act
So/tIJtJMe 3.11/IMtribuIe4 by Do Proca. Softo-e LU.
7086
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(6) Description
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Regional Municipality of Durham
as more particularly described in Schedule "1" attached
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(7) this
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(a) Redescription
New Easement
Plan/Sketch 0
(b) Schedule for:
Additional
Description lXI Parties 0 Other !Xl
(8) this Document provides as follows:
See certified copy of By-law No. 94-117 of The Corporation of the Municipality ofClarington attached.
Continued on Schedule 0
(9) this Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
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THE..CORPOBATION"OF"THE,MUNI.CIPALlTY,OF """"""""""~..,"""',..."...,"""""""'""""""...."""""",..""""",..,:",122,7""":,03",~.18.."
CLARINGTON, by its solicitor Nicholas T. Macos I I I
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(11) Address
for Service 40 Tem rance Street, Bowmanville, Ontario, LIC 3A6
(12) Party(les) (Set out Status or Interest)
Name(s)
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Date of Signature
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(14) Municipal Address of Property
(15) Document Prepared by:
Nicholas T. Macos
Barrister & Solicitor
130 Adelaide Street West
Suite 2500
Toronto, Ontario
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 94-117
being a By-law to authorize the execution of a
Front-Ending Agreement, between the Municipality of
Clarington and Schickedanz Bros. Limited, under the
Development Charges Act, respecting the Mann Street
Storm Sewer Oversizing Works
WHEREAS the Council of The Corporation of the Municipality of
Clarington approved the recommendations contained in
Report WD-44-94 for the execution of agreements between the
Corporation of the Municipality of Clarington and Schickedanz Bros.
Limited;
NOW THEREFORE the Corporation of the Municipality of Clarington
hereby enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute, on
behalf of the Corporation of the Municipality of Clarington,
and seal with the Corporate Seal, a Front-Ending Agreement,
between the Municipality of Clarington and Schickedanz Bros.
Limited, under the Development Charges Act, respecting the
Mann Street Storm Sewer Oversizing Works;
2. THAT this agreement attached hereto as schedule "A" form part
of this By-law.
By-law read a first and second time this 18th day of July, 1994.
By-law read a third time and finally passed this 18th day of
JUly, 1994.
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SCHEDULE "1"
LEGAL DESCRIPTION OF LANDS
Area 2E
Part of Lot 11, Concession 2, geographic Township of Darlington, Municipality of Clarington
in the Regional Municipality of Durham, more particularly described as Parts 1, 2 and 3,
on Plan 10R-3226.
As described in Instrument No. 151275
Area 2F
Firstly: Part of Lot 4, Block A, e.G. Hannings Plan, being part of Lot 10, Concession 2,
designated as Part 4 on Plan 40R-13953, Geographic Township of Darlington (Town of
Bowmanville) Municipality of Clarington, Regional Municipality of Durham.
Secondly: Part of Lot 4 and Part of the Unnamed Lane all in Block A according to
Hanning's Plan of Part Lot 10, Concession 2, Geographic Township of Darlington, formerly
Town of Bowmanville, Municipality of Clarington, Regional Municipality of Durham,
designated as parts 5 to 8 on Plan 40R-13953.
Thirdly: Part of Lot 4, Block A and Part of an unnamed lane, e.G. Hanning's Plan of Part
of Lot 10, Concession 2, Geographic Township of Darlington, formerly Town of
Bowmanville, Municipality of Clarington, Regional Municipality of Durham, designated as
Part 3 on Plan 40R-13953.
Fourthly: Part of Lot 4 and Part of the unnamed lane, all in Block A according to e.G.
Hanning's Plan of Part of Lot 10, Concession 2, Geographic Township of Darlington,
formerly Town of Bowmanville, Municipality of Clarington, Regional Municipality of
Durham, designated as part 2 on Plan 40R-13953.
Area 4E
Part of the north half of Lot 8, Concession 2, lying south of the Canadian Pacific Railway
Right of Way, in the Township of Darlington now within the limits of the Town of
Bowmanville, Municipality of Clarington described as follows:
PREMISING that the Westerly limit of said Lot 8 has a bearing of North 16 degrees West
and relating all bearings herein thereto;
COMMENCING at the point of intersection of a fence running Easterly with the Westerly
limit of said Lot 8 as marked by an iron bar, said iron bar distant Southerly in the last-
mentioned limit thirty-four hundred and thirty-five and three-tenths feet (3435.3') from the
North~Westerly angle of said Lot 8;
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Schedule "1"
-2-
THENCE North 74 degrees 14 minutes East along the said fence marking the centre line
of said Lot 8 a distance of twelve hundred and ten feet (1210') to an iron bar;
THENCE North 23 degrees 45 minutes West a distance of five hundred and fifty-three and
twenty-two one-hundredths feet (553.22') to an iron bar planted in the Southerly limit of the
Canadian Pacific Railway right-of-way;
THENCE Westerly along the said Southerly limit, being a curve to the left, said curve having
a radius of 1800 feet, a chord of 376.5 feet and a chord bearing of South 70 degrees 19
minutes West, an arc distance of three hundred and seventy-seven and two-tenths feet
(377.2') to an iron bar planted in the line of a fence running Northerly;
THENCE North 22 degrees 17 minutes West continuing along the Southerly limit of said
railway right-of-way and along the said fence a distance of fifty feet (50') to an iron bar;
THENCE Westerly along the Southerly limit of the said railway right-of-way being a curve
to the left, said curve having a chord equivalent of South 51 degrees West 819.3 feet a
distance of eight hundred and twenty-five feet (825') more or less to an iron bar planted at
the point of intersection with the Westerly limit of said Lot 8;
THENCE South 16 degrees East along the Westerly limit of said Lot 8 a distance of two
hundred and forty-eight and sixty-two one-hundredths feet (248.62') more or less to the
POINT OF COMMENCEMENT.
Containing 12.92 acres, more or less.
SUBJECf to the easement created by Registered Agreement No. 10785 made between
Charles A Wight and The e.LO. & Western Railway and its lessee Canadian Pacific
Railway Company.
As described in Instrument No. N23202.
Area 5B
Part of Lots 2 and 3 and Unnamed Lane, Block IIAII, according to e.G. Hanning Plan of Part
of Lot 10, Concession 2, Geographic Township of Darlington (former Town of Bowmanville)
Municipality of Clarington, Regional Municipality of Durham, now designated as Part 1, Plan
10R-1712.
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Area 8B
Part of Town Lots 5, 9, 10, 11 and 12 and all of Town Lots 6, 7 and 8, Plan H-50075 and
Part of Lot 9, Concession 1, Geographic Township of Darlington, formerly Town of
Bowmanville, Municipality of Clarington, Regional Municipality of Durham, designated as
Parts 1, 2, 3 and 4 on Plan 10R-2911.
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Document General
Form 4 - Land Registration Reform Act
SoftDocs@ 3,11/ Distributed by Do Process Software Ltd,
D.
7086
(1) Registry D
(3) Property
Identifier(s)
Land Titles lXIl(2) Page 1 of
Block Property
Additional:
See
Schedule
D
pages
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(4) Nature of Document NOTI CE: 0 F
FRONT-ENDING AGREEMENT
(Section 24 of the Development Charges Act)
(5) Consideration
Dollars $
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(6) Description ~
Municipality of (;larington
Regional Municipality of Durham
as more particularly described in Schedule "1" attached
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(7) This
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(a) Redescription (b) Schedule for:
New Easement
Plan/Sketch 0 Description [Xl
Additional
Parties 0 Other I:xJ
See Front-Ending Agreement attached
By-law Nos. 92-105, 93-74 and 94-115 referred to in Recital E in the attached agreement have been registered
on the 16th day of September, 1994 as Instrument No. LT 695581.
By-law No. 94-117 referred to in Recital H in the attached agreement was registered on the 4 day orAt,.\ 'l
1997 as Instrument No. L T 'Tq '7 J Tb
The Subdivision Agreement registered on July 24, 1989 as Instrument No. 153022 was amended by an
Amending Agreement registered on the 24th day of March, 1992 as Instrument No. LT 586924.
(<9) This Document relates to instrument number(s)
(10) Party(ies) (Set out Status or Interest)
Name(s)
Continued on Schedule D
THE.CORPORATON.OF.THR.MUNICIPALITY.OF,.
CLARINGTON by its solicitor
Signature(s) Date of Signature
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Nicholas T. Macos :. .:.
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(11) Address
for Service 40 Temperance Street, Bowmanville, Ontario, LIC 3A6
(12) Party(ies) (Set out Status or Interest)
Name(s) Signature(s)
(13) Address
for Service
(14) Municipal Address of Property
style uS corporation SoftDocs@3.11/TORONTO-CANADA
Date of Signature
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(15) Document Prepared by:
Nicholas T. Macos
Barrister & Solicitor
130 Adelaide Street West
Suite 2500
Toronto, Ontario
M5H2M2
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SCHEDULE "1"
LEGAL DESCRIPTION OF LANDS
Area 2B
Firstly: Remainder of Parcel 11-2, Section Con. 2, Municipality of Clarington (formerly Town
of Bowmanville).
Secondly: Parcel 1-1, Section 10M-835 being Lot 1, Plan 10M-835, Municipality of
Clarington, Regional Municipality of Durham.
Area 2D
Parcel 10-2, Section Con. 2 Bowmanville, Municipality of Clarington, in the Regional
, Municipality of Durham, being composed of Part of Lot 10 in Concession 2 of the
Geographic Township of Darlington, designated as Part 1 on Reference Plan 40R-14379.
Area 2E
Parcel 11-1, Section Concession 2, (Bo~anville) being Part of Lot 11, Concession 2,
geographic Township of Darlington, designated as Parts 1 and 2, on Plan 10R-442, in the
Municipality of Clarington, in the Regional Municipality of Durham. Subject to an easement
in and upon said Part 2 on Plan 10R-442 more particularly set out in Instrument No. 5968.
Area 4C
Parcel Con. 2-9-1, Section Darlington, in the Municipality of Clarington, in the Regional
Municipality of Durham, being composed of part of Lot 9 in Concession 2 of the Geographic
Township of Darlington, designated as Part 1 on Reference Plan 40R-15339.
Area 4D
Remainder of Parcel 8-3, Section Con. 2, Newcastle (Darlington) Bowmanville, in the
Municipality of Clarington, in the Regional Municipality of Durham.
Area 4F
Parcel 2-1, Section H-50077, being composed of Part of Lots 2, 96, 97 and 98 and part of
Lots 4 and 95, Block E on Plan H-50077, being a subdivision of part of Lot 9 in Concession
2 of the Geographic Township of Darlington, Municipality of Clarington, Regional
Municipality of Durham, designated as Part 3 on Reference Plan 10R-3976.
.
3
Schedule "1"
-2-
Area 6C
Firstly: Remainder of Parcel 11- 2, Section Con. 2, Municipality of Clarington (formerly Town
of Bowmanville), being composed of Part of Lot 11, Concession 2, and Part of Lots 14 and
16 according to Hambly Plan (by LH. Shortt) of Part of Lot 12, Concession 2, of the
Geographic Township of Darlington, designated as Part 1 on Reference Plan 10R-3416, save
and except that part of Part 1, Plan 10R-3416 contained within Plan 10M-835, Municipality
of Qarington (formerly Town of Newcastle) in the Regional Municipality of Durham.
Secondly: Parcel 1-1, Section 10M-835 being Lot 1, Plan 10M-835, Municipality of Clarington
in the Regional Municipality of Durham.
Area 8A
Parcel 8-1, Section Block 2, (Hanning Plan) (Bowmanville), in the Municipality of Clarington,
in the Regional Municipality of Durham being composed of part of Lot 9 in Concession 1
of the Geographic Township of Darlington, also known as part of Lot 8, Block 2, e.G.
Hanning Plan and part of Lots 9, 26 and 27 on Plan H-50075 of the said Geographic
Township of Darlington designated as Parts 1, 2, 3, 4 and 5 on Reference Plan 40R-14082.
Area 9B
Parcel A-I, Section Plan ~701 (Bowmanville), in the Municipality of Clarington, Regional
Municipality of Durham, formerly in the Town of Bowmanville, County of Durham, being
Blocks A, B, C, D, E, G, H, I and Bowtown Court (as closed by judges order registered as
70097) according to plan 701 registered in the Land Registry Office for the Registry Division
of Newcastle and Part of Block 3 on the North Side of King Street according to e.G.
Hanning's Plan being a subdivision of Lot 10 in Concession 1 of the original township of
Darlington designated as Parts 1, 2, 3 and 4 on a Plan of Survey of Record in the Land
Registry Office, Land Titles Division of Newcastle at Newcastle as 10R-659.
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4
FRONT - ENDING AGREEMENT
(MANN STREET STORM SEWER OVERSIZING WORKS)
THIS AGREEMENT made in quintuplicate as of this 25th day of September, 1995.
BE1WEEN:
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
. and..
SCHICKEDANZ BROS. LIMITED
.. and .
ROYAL BANK OF CANADA
..
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TABLE OF CONTENTS
ARTICLE 1 - DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
ARTICLE 2 - ACKNOWLEDGEMENTS: BASIS OF THE AGREEMENT. . .. 8
2.5 Postponement of Mortgage ................................. 9
ARTICLE 3 - ESTIMATED COST.................................... 9
ARTICLE 4 - COST OF ADMINISTERING THIS AGREEMENT......... 9
ARTICLE 5 - SECURITY FOR OWNER'S OBLIGATIONS AND
COVENANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
ARTICLE
6.1
6.2
6.3
6.4
6.5
6 - INSTALLATION OF SERVICES BY THE OWNER....... 11
Owner Installs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
Authorization to Commence Work .......................... 11
Completion Dates ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
Return of Financial Security ............................... 12
Owner's Cost. . . . . , . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . .. 12
ARTICLE 7 RECOVERY OF FRONT-END PAYMENTS
(RECOVERABLE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
ARTICLE 8 - OBJECTIONS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17
ARTICLE 9 - INDEMNITY AND REIMBURSEMENT ................. 17
ARTICLE 10 - INTEREST ON ARREARS . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
ARTICLE 11 - TERM ...................... . . . . . . . . . . . . . . . . . . . . .. 19
ARTICLE 12 - REGISTRATION OF AGREEMENT . . . . . . . . . . . . . . . . . .. 19
ARTICLE 13 - FURTHER ASSURANCES ........................... 19
ARTICLE 14 - SUCCESSORS AND ASSIGNS ........................ 20
ARTICLE 15 - ACCEPTANCE..................................... 20
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11
ARTICLE 16 - NOTICE
20
ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT ............... 21
ARTICLE 18 - INTERPRETATION ................................. 21
SCHEDULES TO AGREEMENT
Schedule "A"
"Legal Description of the Lands"
Schedule "B"
"Plans of Benefiting Area"
Schedule "C"
"Legal Description of Retained Lands"
Schedule "D"
Not Used
Schedule "E-I"
"List of Services to be installed by Owner"
Schedule "E-2"
"Estimated Cost of Installation of Services"
Schedule "E-3"
"Proportion of Cost of Installation of Services to
be Paid by Owner"
Schedule "E-4"
"Capital Grants, Subsidies or Other Contributions
Anticipated from Other Government Agencies"
Schedule "E-5"
"Estimated Net Capital Cost of Installation of
Services"
Schedule "E-6"
"List of Services in the Agreement for which a
Development Charge is Payable"
Schedule "E-7"
"List of Services in the Agreement which are
Referred to in Subsection 3(7) of the Act"
Schedule "E-3"
"Manner of Calculation of Portion of Front-End
Payment to be Made by Each Benefiting Owner
Respecting Services"
Schedule "F"
"Contributions from Benefiting Developers"
Schedule "G"
Not Used
Schedule "H"
Not Used
Schedule "I"
Not Used
Schedule "J"
"Benefiting Owners within Benefiting Area and
the Legal Description of their Lands"
Schedule "K"
"Calculation of the Front-End Payment
(Recoverable) for Service (Recoverable), Owner's
Share and Benefiting Owners' Shares"
Schedule "L"
"Estimated Front-End payment (Recoverable) for
Each Service (Recoverable), Owner's Share and
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Benefiting Owners' Shares"
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Front-Ending Agreement
Page 2
FRONT-ENDING AGREEMENT
THIS AGREEMENT made in quintuplicate as of this 25th day of September, 1995.
BET WEE N:
THE CORPORATION OF
THE MUNICIPALI1Y OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
- and -
SCHICKEDANZ BROS. LIMITED
(hereinafter called the "Owner")
OF THE SECOND PART
- and -
ROYAL BANK OF CANADA
(hereinafter called the "Mortgagee")
OF THE THIRD PART
WHEREAS:
A. The Owner was the registered and beneficial owner of the Lands identified
in Schedule "An which Lands are within the Benefiting Area shown on the plans contained
in Schedule "B" attached hereto. Currently the Owner is the registered and beneficial
owner of the portion of the lands identified in Schedule ..C" and referred to in this
Agreement as the "Retained Lands" subject to the rights of the Mortgagee under the
Mortgage from the Owner to the Mortgagee dated June 30, 1993 and registered in the Land
Registry Office as Instrument No. LT646312 (the "Mortgage");
B. The Owner represents that there are no encumbrancers other than the
Mortgagee of the Retained Lands;
C. The Owner proposes to develop the Retained Lands and has sold the Lands,
other than the Retained Lands, for the purpose of development;
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Front-Ending Agreement
Page 3
D.
The Services are required to enable the Benefiting Area to be developed;
E. The Municipality has enacted By-law No. 92-105, as amended by By-law No.
93-74 and By-law No. 94-115, being a development charge by-law under the Development
Charges Act, R.S.O. 1990, c.D.9;
F. The Owner has requested the Municipality to install the Services described
herein and/or has requested permission to install the Services described herein, which the
Municipality has agreed to do and/or permit;
G. Under the Development Charges Act, the Municipality and the Owner are
empowered to enter into this Agreement for the installation of Services by the Owner or any
combination thereof; and
H. This Agreement is authorized by By-law No. 94-117 passed on the 11th day
of July, 1994.
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of
Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
ARTICLE 1. DEFINITIONS
(1) In this Agreement,
(a) "Act" means the Development Charges Act, R.S.O. 1990, c.D.9, as revised,
re-enacted or consolidated from time to time, and any successor statute.
(b) "Administrative Costs" means the sums of money and costs referred to in
Sections 4(1) and 4(3), attributed to a Service under Section 4(4).
(c) "Agreement" means this Agreement.
(d)
"Authorization to Commence Works" means the written permission signed
by the Director of Public Works given to the Owner or the Owner's
Engineer to commence the construction and installation of the Owner
Services pursuant to the Subdivision Agreement.
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Front-Ending Agreement
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(e) "Bankruptcy Act" means the Bankruptcy and Insolvency Act, R.S. 1985,
c.B.3, as revised, re-enacted or consolidated from time to time, and any
successor statute.
(f) "Benefiting Area" means those lands as shown on the plans contained in
Schedule "B" that will receive a benefit from the construction of the
Services.
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(0)
"Benefiting Developers" has the meaning attributed to it in Section 7.14(c)
of this Agreement.
"Benefiting Owner" means any owner of land within the Benefiting Area
other than the Owner. The land of each Benefiting Owner is shown on the
plans contained in Schedule "B", and also are described in Schedule "J"
hereto.
"By-law" means By-law No. 92-105 enacted by the Municipality under the
Act as such By-law has been or is amended or replaced from time to time.
"Certificate of Acceptance" means a certificate in writing given to the
Owner that the Owner Services have been accepted by the Municipality
pursuant to the Subdivision Agreement.
"Certificate of Completion" means a certificate in writing given to the
Owner that the Owner Services referred to in the Authorization to
Commence Works have been completed pursuant to the Subdivision
Agreement.
"Contributions" has the meaning attributed to it in Section 7 .14( c) of this
Agreement.
"Construction Lien Act" means the Construction Lien Act, R.S.O. 1990 c.
C.30, as revised, re-enacted or consolidated from time to time, and any
successor statute.
"Development Charge" has the meaning attributed to it in the Act.
"Director" means the Director of Public Works for the Municipality or such
other person as the Director may designate from time to time.
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(p) "Director of Public Works" means the Municipality's Director of Public
Works or his designate.
(q) "Easement Costs" means the cost of the easements and/or lands which have
been or are to be acquired outside the Lands, from persons other than the
Owner, for the purpose of the installation of the Services or any of them.
(r) "Estimated Installation Cost" means, in regard to the Services the
estimated cost of installation of the Services,
(s) "Estimated Net Capital Cost" means, in regard to the Services, the
estimated Net Capital Cost of the Services.
(t) "Final Cost-Owner Services" means, for Services installed by the Owner,
the Reasonable Cost of the Owner Services,
(u) "Financial Security" means the Letter(s) of Credit deposited with the
Municipality respecting the Services to be installed by the Owner.
(v) "Front-End Payment" has the meaning attributed to it in the Act.
(w) "Front-End Payment-Installation of Services" means, for the Services
installed by the Owner, the Net Capital Cost of said Services and includes
Administrative Costs and Easement Costs.
(x) "Front-End Payment (Recoverable)" means, for the Services (Recoverable),
the Front-End Payment-Installation of Services which is in respect of the
Services (Recoverable).
(y) "Holdbacks" has the meaning attributed to it in Section 7.12(e) of this
Agreement.
(z) "Immediate Payment Money" has the meaning attributed to it in Section 8.7
of this Agreement.
(aa) "Land Registry Office" means either the Land Registry Office for the Land
Titles Division of Durham (No. 40) or the Land Registry Office for the
Registry Division of Durham (No. 40) as may be appropriate in the context
in which the term is used.
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(bb) "Lands" means the lands in the Municipality more particularly described in
Schedule "A".
( cc) "Letter of Credit" means an irrevocable and unconditional letter of credit
issued by a bank listed in Schedules I or II of the Bank Act, S.c. 1991, c.46
acceptable to the Municipality's Treasurer.
(dd) "Maintenance Period" means the two (2) year period which commences on
the date on which the Owner or the Owner's Engineer is given the
Certificate of Completion for the Owner Services.
(ee) "Mortgage" has the meaning attributed to it in Recital A of this Agreement.
(ff) "Municipal Act" means the Municipal Act, R.S.O. 1990, c. MAS, as revised,
re-enacted or consolidated from time to time, and any successor statute.
(gg) "Municipality" means The Corporation of the Municipality of Clarington.
(hh) "Net Capital Cost" means in regard to the Services installed by an Owner,
the Final Cost-Owner Services less any grants, subsidies or other
contributions attributable to the Service that may be received by the
Municipality from any governmental authority, as determined by the
Director.
(ii) "Objection" means an objection to this Agreement pursuant to Section 22(3)
of the Act and as referred to in Sections 11 and 12 of this Agreement.
(jj) "Owner" means an owner who is a party to this Agreement of the Lands
located within a Benefiting Area.
(kk) "Owner Services" means the Services which have been or are to be installed
by the Owner under the terms of this Agreement, and Owner Service
means anyone of the Owner Services.
(11) "Owner's Engineer" means a consulting civil engineer retained by the
Owner who is experienced in performing the duties set out in Schedule "I"
of this Agreement who or which is a partnership, association of persons or
a corporation that holds a certificate of authorization, in their or its own
name to practice professional civil engineering and is a licensed to do so
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Front-Ending Agreement
(mm)
(un)
(00)
(pp)
(qq)
(rr)
(ss)
(tt)
(uu)
(w)
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under the Professional Engineers Act R.S.O. 1990 c. P.28 as it may be
amended from time to time provided that the Owner's Engineer shall not
be the Owner, or an officer, director, shareholder or employee of the
Owner.
"Party" means a party to this Agreement.
"Planning Act" means the Planning Act, R.S.O. 1990, c.P.13, as revised, re-
enacted or consolidated from time to time, and any successor statute.
"Reasonable Cost", in regard to Services installed by the Owner, means the
reasonable costs incurred by the Owner for the installation of the Owner
Services, as determined by the Director.
"Retained Lands" has the meaning attributed to it in Recital "A" of this
Agreement.
"Revised Estimate" has the meaning attributed to it in Section 5(3) of this
Agreement.
"Services" means the services required to enable the Lands to be developed,
installed by the Owner, in accordance with this Agreement and described
in Schedule "E-1" hereto, and "Service" means anyone of such Services.
"Services (Recoverable)" means the Services listed in Schedule "E-l" for
which a development charge is payable under the By-law and for which
reimbursement shall be required from Benefiting Owners for the Benefiting
Owners' proportionate shares of the Net Capital Cost, Administrative Costs
and Easement Costs, and "Service Recoverable" means anyone of such
Services.
"Solicitor" means the Solicitor for the Municipality.
"Specifications" means the design guidelines, standards and specifications
established by the Director for the installation of Services.
"Subdivision Agreement" means the Subdivision Agreement made between
the Owner and The Corporation of the Town of Newcastle on July 18, 1989
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Front-Ending Agreement
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and registered on July 24, 1989 in the Land Registry Office as Instrument
No. 153022, as amended.
(ww) "Term" has the meaning attributed to it in Section 12 of this Agreement.
(xx) "Treasurer" means the Treasurer of the Municipality.
(yy) "Trust Account" has the meaning attributed to it in Section 7.8(a) of this
Agreement.
(zz) 'Workers' Compensation Act" means the Workers Compensation Act,
R.S.O. 1990, c.W.ll, as revised, re-enacted or consolidated from time to
time, and any successor statute,
(2) All other capitalized terms used herein and not otherwise defined shall have
the meanings attributed to them in the Act, as amended from time to time.
ARTICLE 2 - ACKNOWLEDGEMENTS: BASIS OF THE AGREEMENT
2.1 The Owner and the Mortgagee represent that Recitals A, B, C. D and Fare
correct. The Parties acknowledge that the Services to be installed under this Agreement,
the Party responsible for the installation of the Services, the Services for which a
development charge is payable under the By-law, and the Services which are described in
Section 3(7) of the Act, are set out in Schedules "E-l", "E-3", "E-6" and "E-7".
2.2 The Parties acknowledge that the Services which are identified on Schedules
"E-l" and "E-6" are required to enable the Benefiting Area to be developed.
2.3 The Parties further acknowledge that under this Agreement:
(a) The Owner shall only be reimbursed by Benefiting Owners in regard to the
Services (Recoverable); and
(b) The Services described in Section 3(7) of the Act are not eligible for
reimbursement hereunder.
2.4 Nothing in this Agreement shall be deemed'to derogate in any way from the
provisions of (1) the Subdivision Agreement, (2) an Agreement between the Owner and the
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Front-Ending Agreement
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Municipality made as of August 10, 1993, and (3) an Agreement between the Owner and
the Municipality and Don Sherk Construction Limited also made as of August 10, 1993.
2.5 Postponement of Morti:ai:e
The Mortgagee hereby postpones the Mortgage to this Agreement with the intent
that this Agreement shall take effect as though dated, executed and registered prior to the
Mortgage. In the event that (1) the Mortgagee obtains an order of foreclosure against the
Owner, (2) the Mortgagee directly or indirectly takes possession of the Lands, or (3) the
Lands are sold after default occurs under the mortgage, the Lands shall not be used or
developed by any person otherwise than in conformity with the provisions of this Agreement.
In order to give further assurance to the Municipality, the Mortgagee at its cost shall
execute a separate Postponement Agreement containing terms satisfactory to the
Municipality's Solicitor forthwith after being requested to do so by notice given in writing
to the Mortgagee and to deliver the same to the Municipality.
ARTICLE 3 - ESTIMATED COST
3.1 The Parties acknowledge and agree that the Estimated Installation Cost of the
Services and the Estimated Net Capital Cost of the Services are set out in Schedules "E-2"
and "E-5", respectively.
ARTICLE 4 .. COST OF ADMINISTERING THIS AGREEMENT
4.1 The Owner shall pay to the Municipality the reasonable cost to the
Municipality of administering this Agreement which reasonable cost comprises the
sum of four thousand ($4,000.00) dollars for the legal expenses of the Municipality for the
preparation and processing of this Agreement, in addition to the cost of the registration of
this Agreement against the title of the Owner to the Lands and the title of the Benefiting
Owners' to their respective lands.
4.2 In addition, the Owner shall pay to the Municipality within thirty (30) days of
the delivery of the invoice therefor all other reasonable costs incurred by the Municipality
of administering this Agreement, including the cost of consultants and studies required by
the Director of Public Works in preparation of this Agreement.
4.3 The Municipality agrees that amounts paid by the Owner under Sections 4(1)
and are to be included in calculating the Front-End Payment (Recoverable) for the Services
(Recoverable ).
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Front-Ending Agreement
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ARTICLE 5 - SECURITY FOR OWNER'S OBLIGATIONS AND COVENANTS
5.1 (1) Prior to execution of this Agreement by the Municipality, the Owner shall
deliver to the Municipality and thereafter maintain in good standing the
following Financial Security in regard to the Services in order to secure the
due performance of each of the Owner's obligations and covenants herein
contained:
(a) The sum of $407,254.85 by Letter(s) of Credit to secure the Owner's
obligations for the installation of Services by the Owner as set out in
Article 6 hereof.
(2) Notwithstanding Section 5.1(1) the Parties hereto acknowledge that Letter of
Credit #P32703T0257 issued by the Royal Bank of Canada in the amount of
$3,865,000.00 has been deposited by the Owner with the Municipality pursuant
to the Subdivision Agreement,the deposit of which Letter of Credit is hereby
deemed to fully satisfy the Owner's obligation under Section 5.1(1)(a) of this
Front-Ending Agreement to deliver Financial Security to the Municipality in
the amount of $407,254.85, provided that the Owner shall maintain the
aforesaid Letter of Credit in good standing until the Owner is entitled to its
release under the provisions of the Subdivision Agreement.
5.2 The Municipality shall be entitled to draw upon the Financial Security if it is
not renewed or replaced with another Financial Security at least thirty (30) days prior to its
expiry and all monies received by the Municipality shall be used to secure the due
performance of each of the Owner's obligations and covenants herein contained.
5.3 If the Director of Public Work, at any time and from time to time, determines
that the actual cost of installing a Service may exceed the Estimated Installation Cost in
regard to the Services, or after an objection is made to the Agreement, it may notify the
Owner of the new estimate (the "Revised Estimate") and the Owner shall deliver to the
Municipality, within thirty (30) days of receipt of such notice, an additional or a replacement
Financial Security such that the total amount of the Financial Security held by the
Municipality is then equal to one hundred percent (100%) of the "Revised Estimate" less
the amount of any reduction in the Financial Security which the Municipality may have
permitted under the terms of the Subdivision Agreement.
5.4 If, at any time, the Owner is in default of its obligations and covenants under
the terms of this Agreement, the Municipality shall be entitled, but not obligated, to:
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Front-Ending Agreement
Page 11
(a) satisfy any outstanding obligations of the Owner under this Agreement;
and/or
(b) call upon the Financial Security to rectify the default.
If, for any reason, the Financial Security is not sufficient to permit the rectification of the
default, or the Municipality incurs any costs in so proceeding, the Owner shall pay, within
thirty (30) days of demand, any and all additional costs as they are incurred, failing which
such costs may be recovered in like manner as municipal taxes under Section 326 of the
Municipal Act and shall be a charge upon the Lands.
5.5 Any call on the Financial Security by the Municipality under the terms of this
Agreement or the Subdivision Agreement shall not relieve the Owner from any of its
obligations hereunder or under the Subdivision Agreement.
ARTICLE 6 - INSTALLATION OF SERVICES BY THE OWNER
6.1 Owner Installs
Without derogating from the provisions of agreements made or to be made
by the Owner and the Municipality pursuant to Section 51 of the Planning Act with respect
to any or more portions of the Lands, the Owner shall, at its expense, obtain all required
approvals and install or cause to be installed the Services listed in Schedule "E-l". These
Services comprise the Owner Services for the purposes of this Agreement. Each of the
Owner Services will be installed in accordance with the Subdivision Agreement.
6.2 Authorization to Commence Work
The Owner shall not commence the installation of an Owner Service until the
Director of Public Works has issued an Authorization to Commence Works in respect of the
Owner Service pursuant to the Subdivision Agreement and this Agreement has been
executed and registered on the title of the Lands and the lands of the Benefiting Owners.
6.3 Completion Dates
(a) The Owner agrees that the completion dates for the installation of the Owner
Service is July 11, 1994.
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(b) If the Owner defaults in the installation of the Owner Services or if the Owner
Services are not being installed in accordance with either the terms of this Agreement or
the Subdivision Agreement, the Municipality may call upon the Financial Security in
accordance with the provisions of the Subdivision Agreement as are applicable thereto.
(c) After the completion of the installation of the Owner Services in accordance
with the Subdivision Agreement, the Director of Public Works may give to the Owner a
Certificate of Completion of the Owner Service pursuant to the Subdivision Agreement.
6.4 Return of Financial Security
Forthwith after the Owner is given the Certificate of Acceptance of the Owner
Services and provided no outstanding claims remain by the Municipality against the Owner
under or arising out of either this Agreement or the Subdivision Agreement, the
Municipality shall return the Financial Security to the Owner.
6.5 Owner's Cost
(a) Forthwith after the Owner is given the Certificate of Acceptance of the Owner
Services, the Owner shall deliver to the Municipality the final statement of the Reasonable
Cost incurred by the Owner for installing the Owner Services. Said Reasonable Cost shall
include the final cost of installing the Owner Services, as verified by the Owner's Engineer,
consulting fees, inspection fees of the Owner's Engineer, insurance costs, Financial Security
costs and any other reasonable costs, as determined by the Director of Public Works, for
installing the Owner Services. The Owner shall, if so requested by the Municipality, permit
the Municipality, its employees and agents, access to its books and records for the purpose
of satisfying itself as to the reasonableness of such costs.
(b) From time to time during the installation of an Owner Service, the
Municipality may request and the Owner shall supply an interim statement of the
Reasonable Cost incurred to date as well as the estimated cost to complete the installation
of the balance of the Owner Services.
(c) Upon the receipt and approval of the final Reasonable Cost, the Director of
Public Works shall determine the Final Cost-Owner Services and the Net Capital Cost of
the Owner Services and shall notify in writing the Owner of same.
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Front-Ending Agreement
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(d) If any grants, subsidies or other contributions are received from other
government agencies for the Owner Services which do not comprise part of the Net Capital
Cost of the Owner Services, the Municipality shall refund same to the Owner.
(e) The Owner shall hold back from any person supplying services or materials
respecting the installation of the Owner Services, such amounts as a person is required to
hold back under the Construction Lien Act, for such time periods as would be required to
be held back pursuant to such Act. Following the expiry of the period the Holdbacks are
required to be held pursuant to the Construction Lien Act (the "Holdbacks"), such
Holdbacks may be released to the person supplying the services or materials with respect
to which any such Holdbacks relate.
(f) The Municipality shall use the Reasonable Cost to the Owner of installing the
Owner Services in calculating the portion of the Front-End Payments (Recoverable) to be
made by each Benefiting Owner with respect to the Services in this Agreement for which
a Development Charge is payable.
ARTICLE 7 - RECOVERY OF FRONT-END PAYMENTS (RECOVERABLE)
7.1 Schedule "J" identifies all Benefiting Owners who own land within the
Benefiting Area and sets out the legal description of their lands within the Benefiting Area.
7.2 The plans contained in Schedule "B" shows the location of the lands of the
Benefiting Owners within the Benefiting Area.
7.3 Mter the installation of the Owner Services is complete and all costs
pertaining thereto have been determined, the Director of Public Works will determine the
final Front-End Payment (Recoverable) for the Services (Recoverable) and Owner's Share
of the Front-End Payment, and will set the same out in Schedule "K". The estimated Front-
End Payment (Recoverable) for the Services (Recoverable) is set out in Schedule "L".
7.4 For the Services (Recoverable), as a condition of an approval granted to a
Benefiting Owner in regard to any development on that portion of the Benefiting Owner's
land located within a Benefiting Area during the Term, the Municipality shall require such
Benefiting Owner to pay the Benefiting Owner's portion of the Front-End Payment
(Recoverable) for the Services (Recoverable) in accordance with Schedule "K" or Schedule
"L" as is applicable in the circumstance. The estimated amount of each Benefiting Owner's
share of the Front-End Payment (Recoverable) for the Services (Recoverable) is set out in
Schedule "L".
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7.5 The estimate of the payment required to be made by each Benefiting Owner
under Section 7.4 in regard to the Services (Recoverable), which estimate is set forth in
Schedule "L", is subject to adjustment in accordance with the provisions of this Agreement.
7.6 During the Term of this Agreement the payment required to be made by the
Benefiting Owners shall be indexed on the 1st day of April and on the 1st day of October
in each year of the Term in accordance with the Engineering News Record Construction
Cost Indexes for 22 cities as published in the Engineering News Record for the nearest
available six month period, the first of such adjustments to be made on April 1, 1995.
7.7 Subject to Section 7.8(a) and 7.8(b), the Municipality shall place all money
received from or on behalf of a Benefiting Owner pursuant to this Agreement which is to
be paid immediately to the Owner or to the Owner's direction (the "Immediate Payment
Money") in a special account and shall, immediately upon receipt of the money, by
registered mail
(a) notify the Owner that the money is available to be paid out; and
(b) request the Owner to give a direction to the Municipality as to whom the
money is to be paid.
7.8 (a) Notwithstanding Section 7.7, the Owner hereby irrevocably authorizes and
directs the Municipality to pay all money received from or on behalf of a
Benefiting Owner respecting the Services (Recoverable) or anyone or more
of them pursuant to and during the term of this Agreement, to the
Municipality to be held in trust by the Municipality in an interest bearing
account (the "Trust Account") with a bank listed in Schedule I of the Bank
Act and to be disbursed by the Municipality in accordance with this Section
7.8(a). The Municipality shall segregate the money paid to it pursuant to this
Section 7.8(a) and interest which accrues thereon into the components of
principal and interest, one for each of the Services (Recoverable). As soon
as is reasonably practicable after the Owner is given a Certificate of
Completion with respect to a Service (Recoverable), the Municipality shall
pay the component of the Trust Account referable to such Service to the
Owner less any amounts owed to the Municipality under this Agreement
which amounts may be appropriated by the Municipality at any time. As soon
as is reasonably practicable following receipt of a written request from the
Owner, the Treasurer shall give the Owner a written account of the principal
and accrued interest outstanding in the Trust Account. The terms and
:21-
. .
Front,Ending Agreement
Page 15
conditions of the Trust Account including the interest accruing and payable
on money deposited in it are in the discretion of the Treasurer, acting
reasonably.
(b) With respect to money which comprises the Immediate Payment Money,
received from or on behalf of Benefiting Owner referable to a particular
Service in respect of which the Owner has been given a Certificate of
Completion the Municipality shall issue the notice and make the request
referred to in Sections 7.7(a) and 7.7(b), respectively, Upon receipt of a
direction from the Owner, the Municipality shall pay to the person named in
the direction the money received by the Municipality.
7.9 If within ninety (90) days of mailing the notice, the Municipality has not
received a direction from the Owner with respect to Immediate Payment Money, the
Municipality may pay the money owing to the party into the Ontario Court (General
Division).
7.10 Upon payment of the money into Court, the Municipality shall immediately
notify the Owner by registered mail sent to the Owner's last known address, that
(a) the money has been paid into Court; and
(b) the Owner must apply to the Court for the release of the money.
7.11 If a party, or a successor or assign thereof, has not applied to the Court under
Section 7.10 within twelve (12) months of the mailing of the notice, the Municipality may
apply to the Court for the release of the money to the Municipality.
7.12 The Municipality is required to reimburse the parties to this Agreement only
if and when the money referred to in Section 7.7 is received from a Benefiting Owner and
only in accordance with Sections 7.8 to 7.11 of this Section.
7.13 The Owner hereby agrees that the Municipality may, in its discretion, release
to a Benefiting Owner copies of any certificates, reports, contracts or other documents and
materials that are in its possession for the purposes of satisfying the Benefiting Owner as
to the Front-End Payment (Recoverable) for the Services (Recoverable).
7.14 (a)
If the estimated Front-End Payment (Recoverable) is less than the final
Front-End Payment (Recoverable), as determined by the Director of Public
. .
;22-
Front-Ending Agreement
Page 16
Works in accordance with Section 7.3, and the Benefiting Owner has
previously discharged his or her obligations in accordance with this
Agreement, the Municipality is under no further obligation to collect from the
Benefiting Owner or to withhold approvals from such Benefiting Owner.
(b) If the estimated Front-End Payment (Recoverable) is more than the final
Front-End Payment (Recoverable), as determined by the Director of Public
Works in accordance with Section 7.3, and the Benefiting Owner has
previously discharged its obligations in accordance with this Agreement, the
Municipality is under no further obligation to make a refund to the Benefiting
Owner.
(c) The Owner acknowledges that, acting pursuant to Section 5.27 and Schedule
"P" of the Subdivision Agreement, the Municipality has received either
payments or deposits of security for payments of contributions to oversized
and/or external services referred to in the Subdivision Agreement from
certain benefiting developers (the "Benefiting Developers"). The Benefiting
Developers made agreements with the Municipality pursuant to Sections 51
and 53 of the Planning Act which contemplate development of their respective
lands involving the connection of certain of the works to be constructed or
installed thereon to one or more of the Services. The areas owned by the
Benefiting Developers who have made subdivision agreements with the
Municipality providing for contributions to the external and/or oversized
stormwater management works provided in the Subdivision Agreement are
shown on the plans contained in Schedule "B". The amounts of the
contributions of such Benefiting Developers are set out in Schedule "F"
together with the registration particulars of the subdivision agreements in
question (the "Contributions").
The Owner acknowledges that the amounts of the Contributions in fact are
less than the amounts that would have been achieved if the Benefiting
Developers' lands had been included within the Benefiting Area and the
Benefiting Developers had qualified as Benefiting Owners under this
Agreement. Nevertheless, for the purpose of determining the amount of the
Front-End Payment (Recoverable) for the Services and the Benefiting
Owners' shares thereof, the Parties agree to deduct from the cost of
installation of the Services for each area owned bya Benefiting Developer an
amount determined on the same basis as the share of the Front-End Payment
(Recoverable) for the Services of the Benefiting Owners. If there is a
. .
;2.3
Front-Ending Agreement
Page 17
deficiency resulting, the Owner will be solely responsible therefor. If there is
a surplus resulting, the Municipality may pay the surplus to the Benefiting
Owners in appropriate shares as determined by the Director of Public Works
acting reasonably.
ARTICLE 8 - OBJECTIONS
8.1 Upon the execution and delivery of this Agreement the Municipality shall give
notice of this Agreement to the persons and in the manner prescribed by Section 22 of the
Act.
8.2 The Municipality shall advise the Owner if an Objection is filed by a recipient
of such notice. If an Objection is filed, the Owner acknowledges that the Municipality, in
its sole discretion, may retain legal counsel to appear on behalf of the Municipality at any
hearing held by the Municipal Board in connection with such Objection.
8.3 If the Municipal Board directs that changes be made to this Agreement, the
parties shall enter into an amending agreement or a restatement of this Agreement
incorporating such changes unless either the Owner or the Municipality advises the other
party that the changes are not acceptable, in which event this Agreement shall be at an end.
ARTICLE 9 - INDEMNITY AND REIMBURSEMENT
9.1 The Owner shall indemnify and save the Municipality (which for the purposes
of this Section shall include its employees, elected officials, councillors, officers, contractors,
servants and agents) harmless from all costs, actions, suits and liabilities arising from or in
any way connected with
(a) the making of this Agreement and the performance of its duties hereunder by
the Municipality, its employees and agents acting in good faith; or
(b) a breach by the Owner of any of its obligations under this Agreement; or
(c) the development of the Lands or the Services or the installation thereof or
any other work performed pursuant to this Agreement including any
construction liens relating thereto; or
. .
24
Front-Ending Agreement
Page 18
(d) any disputes arising with respect to the cost of installing the Services including
any disputes by a Benefiting Owner with respect to the amount or calculation
of the payments which it is obliged to make hereunder; or
(e) all claims for property damage or injury, and any consequential damage
arising from such damage or injury, whether such damage or injury is caused
by or attributed to the negligence of the Municipality.
If the Municipality, by virtue of having entered into this Agreement or the carrying out of
any of the work contemplated hereunder, is made a party to any litigation commenced by
or against the Owner, the Owner shall protect, indemnify and hold the Municipality
harmless in connection with such litigation. The Municipality may, at its option, participate
in any litigation or settlement discussions relating to the foregoi~g, or any other matter for
which the Owner is required to indemnify the Municipality under this Agreement.
Alternatively, the Municipality may require the Owner to assume carriage of and
responsibility for all or any part of such litigation or discussions.
9.2 The Owner shall pay upon demand to the Municipality all costs incurred by
it in connection with any Objection including any and all costs associated with any hearing
before the Municipal Board, such costs to include, without limitation, legal fees and
disbursements, on a solicitor and client basis, and consultants' fees and disbursements. The
Owner acknowledges that payment under this Section is intended to fully reimburse the
Municipality for all such costs,
9.3 If for any reason this Agreement or any provision of this Agreement or any
amendment of or waiver under it is not enforceable (whether by virtue of non-compliance
with the Act or otherwise) against the parties hereto or any Benefiting Owner, the Owner
acknowledges that the Municipality shall have no liability for such enforceability. The
Owner further acknowledges that the Municipality shall not be liable for any expiry, repeal
or amendment of the By-law or the failure to obtain any consents or approvals for any
amendments to this Agreement and hereby release the Municipality from any such liability.
9.4 The obligation of the Owner under this Article 9 shall survive any termination
or expiry of this Agreement, anything in this Agreement to the contrary notwithstanding.
. .
.
:;.5"
Front-Ending Agreement
Page 19
ARTICLE 10 - INTEREST ON ARREARS
10.1 If any amounts due from the Owner under this Agreement are not paid when
due, interest shall accrue thereon at the rate of fifteen (15%) percent per annum from the
due date until payment is made.
ARTICLE 11 - TERM
11.1 If no Objection is filed, the Term of this Agreement during which it shall be
operative shall commence on the date this Agreement is fully executed. If an Objection is
filed, the Term of this Agreement shall commence on the date this Agreement is confirmed
by the Municipal Board or, if changes are directed by the Municipal Board, the date on
which all Parties have executed the amendment to this Agreement giving effect to such
changes. The Term of this Agreement shall expire on the twentieth (20) anniversary of the
date on which the Term commenced. The Parties hereto agree that this Agreement shall
continue in full force and effect despite any expiry or repeal of the By-law or the enactment
or any replacement or amending By-law,
ARTICLE 12 - REGISTRATION OF AGREEMENT
12.1 The Owner and the Mortgagee acknowledge that this Agreement may be
registered by the Municipality, at the expense of the Owner, in the Land Registry Office
against the title to the Retained Lands and any other lands in the Benefiting Area, and
consent to such registration.
12.2 This Agreement shall run with and bind the Retained Lands and any other
lands within the Benefiting Area against the title to which this Agreement is registered.
12.3 It is hereby agreed by and between the parties hereto that upon compliance
with all the provisions of this Agreement by the Owner on the expiry of the Term, the
Municipality will issue to the Owner a certificate adequate for registration consenting to the
removal of this Agreement from title to the Retained Lands.
ARTICLE 13 - FURTHER ASSURANCES
13.1 The Owner and the Mortgagee shall execute such further assurances as may
be required from time to time by the Municipality to give effect to this Agreement.
.-
;2.{~
Front-Ending Agreement
Page 20
ARTICLE 14 - SUCCESSORS AND ASSIGNS
14.1 This Agreement shall bind and benefit the parties hereto and their respective
successors and assigns,
14.2 Despite any assignment of this Agreement by the Owner or any transfer of all
Of any paft of the Retained Lands, the Owner shall remain liable hereunder as if the Owner
retained title to the Retained Lands.
ARTICLE 15 - ACCEPTANCE
15.1 In addition to complying with the provision of the Subdivision Agreement, the
performance by the Owner of its obligations under the terms of this Agreement to the
satisfaction of the Municipality shall be a condition precedent to the issuance of the
Certificate of Acceptance of either the Owner Services or an Owner Service.
ARTICLE 16 - NOTICE
16.1 Any notice, request or certificate given pursuant to or in connection with this
Agreement shall be in writing and shall be conclusively deemed to be given and received
on the third business day next following the day upon which it is mailed in Canada by
prepaid registered post addressed to the person to be notified at the address of such person
set forth below or such other address as may be specified by such person from time to time
by notice to all other parties hereto:
The Corporation of the
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
Attention: Director of Public Works
AND TO:
Schickedanz Bros. Limited
3311 Bayview Avenue
Suite 105
Willowdale, Ontario M2K IG4
. .
2(
Front-Ending Agreemel\t
Page 21
AND TO:
Royal Bank of Canada
Corporate Banking - Real Estate
20 King Street West
2nd Floor
Toronto, Ontario MSH lC4
ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT
17.1 The Owner acknowledges and agrees that the Municipality has authority to
enter into this Agreement, that every provision hereof is authorized by the law and is fully
enforceable by the Parties, and that this Agreement is made by the Municipality in reliance
on the acknowledgement and agreement of the Owner as aforesaid.
ARTICLE 18 - INTERPRETATION
18.1 The Schedules attached hereto are incorporated in and form a part of this
Agreement. The Director is hereby authorized to complete Schedule "K" to this Agreement
on behalf of the Parties after the date as of which this Agreement as made provided that
forthwith after doing so the Director shall give written notice thereof to the Owner.
18.2 The headings are inserted for convenience of reference only and shall not
affect the construction or interpretation of this Agreement.
18.4 All references to Sections and subsections unless otherwise specified are to
sections and subsections of this Agreement.
18.5 In this Agreement, unless the context otherwise requires, words importing the
singular include the plural and vice versa and words importing a gender include all genders.
18.6 References herein to any statute or any provision thereof include such statute
or provision thereof as amended, revised, re-enacted and/or consolidated from time to time
and any successor statute thereto.
18.7 If any provision hereof is prohibited or unenforceable, such provision shall be
deemed to be severable and shall not invalidate or render unenforceable the remainder of
this Agreement.
. .
Front-Ending Agreement
;let
Page 22
18.8 No amendment, supplement, waiver or consent provided for by the provisions
of this Agreement shall be effective unless in writing and signed by the party against whom
enforcement of the amendment, supplement, waiver or consent is sought.
18.9 Time shall be of the essence of this Agreement.
18.10 Nothing herein contained shall create or be deemed to create a joint venture
or partnership between the parties hereto.
18.11 All agreements herein contained, though not expressed to be covenants, shall
be deemed to be covenants.
IN WITNESS WHEREOF the parties have executed this Agreement under seal.
SIGNED, SEALED AND
DELIVERED
In the Presence of:
We have the Authority to
bind the Bank.
The name of The Royal
Bank of Canada was
changed to Royal Bank of
Canada as set out in
Order-in-Council P.c. 1990-
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THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
by: ~;U~./
Title:
Name:
SCHICKEDANZ BROS. LIMITED
by:~eL.~
Title: -SCc.to.. t".,.y
Name: ~. SC."'\C~~c.^ I-
by:
Title:
Name:
...
Front-Ending Agreement
2221, a copy of which is
attached to instrument
registered as No. 162641 on
the 2nd day of November,
1990, in the Land Registry
Office.
G:\467\ TOWN-NEW\FRONTENDAGR\SCHICK\MANSEWER,7
2'1
Page 23
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Title:
Name: Wtt..c..l~ -:0. CoL.L.lC
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3D
SCHEDULE "A"
LEGAL DESCRIPTION OF LANDS
(Registered Plans 10M-800, 10M-829 and 10M-830, the lands subject to
18T -89065 and Schickedanz lands North of the CPR)
Firstly: Part of Parcel 10-1, Section Con. 2 (Bowmanville) being Lots 22 and 24 and Part of
Lots 21 and 23 in Block A according to e.G. Hanning's Plan being a subdivision of Part of
Lot 10 in Concession 2 of the Geographic Township of Darlington, Municipality of
Clarington, Regional Municipality of Durham designated as Part 1 on Plan lOR-3434 save
and except for the lands laid out by Plans lOM-829 and lOM-830.
Secondly: All Parcels in Section lOM-829 being all of the lands layout by Plan lOM-829
Municipality of Clarington, Regional Municipality of Durham.
Thirdly: All Parcels in Section 10M-830 being all of the lands layout by Plan lOM-830
Municipality of Clarington, Regional Municipality of Durham.
Fourthly: Parcell-I, Section H-50075, in the Municipality of Clarington in the Regional
Municipality of Durham, formerly in the Town of Bowmanville, in the County of Durham,
being composed of Lots 4, 13, 15, 16, 17, 18, 19, 22, 23, 24 and 25 and Part of Lots 1, 3, 5,
9, 10, 11, 12, 14, 20, 26, 27, 28,29, 30 and 31 on Plan H-50075 being a subdivision of Part
of Lot 9 in Concession 1 and Part of Lot 9 in Concession 1 being Part of Lot 8, Block 2 of
the Plan of the Geographic Township of Darlington, formerly Bowmanville, and part of the
unnamed streets on Plan H-50075 and stopped up and closed by By-law No. 89-66 of The
Corporation of the Town of Newcastle registered as Instrument No. 152049 designated as
Part 1 on Reference Plan 10R-4076.
Fifthly: All Parcels in Section 10M-800 being all of the land laid out by Plan lOM-800,
Municipality of Clarington, Regional Municipality of Durham.
Sixthly: Part of Parcel 10-1, Section Con. 2 (Bowmanville), Part of Lots 4, 5 and 9 and Part
of The Unnamed Lane according to e.G. Hanning's Plan being a subdivision of Part of Lot
10 in Concession 2 of the Geographic Township of Darlington, Municipality of Clarington,
Regional Municipality of Durham designated as Parts 1 and 2 on Plan lOR-3435.
~
.
September 29, 1994
Rle "MANN-STM
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TOTAL OF AREAS ** OWNER'S SHARE * AREA NOT
MAP BENEFITTING OWNER CONTRIBUTING OF AREA BENEFITING NOT INCLUDED IN
, AREA TO SERVICES CONTRIBUTING AREA BENEFITING AREA
2A SCHICKEDANZ BROTHERS 8.760 8.760
2B TOWCHESTER DEV. LTD. . 1.380 1.380
2B NEWCASTLE MEADOWS INC. 5,580 5.580
2C EIRAM DEVELOPMENT CORPORATION 1.240 1.240
20 ROBERT AND LAWRENCE CHIZEN 17.380 17.380
2E 835607 ONTARIO INC 1.440 1.440
2F 865742 ONTARIO LTD. (IN TRUST) 2.480 2.480
TOTAL 38.260 8.760 22.680 6.820
* This Area is subject to a registered subdivisioh agreement which provides for the reimbursement toward the cost of the services, and is
referred to in section 7.14(c) of this agreement It is included in the areas contributing to the M.D.P. for the purposes of Schedule "E-8" of this
Agreement
** The Owner is responsible for Area 2A, which contribute to the services. The amounts of the Front- End Payment allocated to these
Area is $132,215.34.
.
"
"
32-
SCHEDULE "C"
LEGAL DESCRIPTION OF Rt:TAlNED LANDS
Firstly: Part of Parcel 10.1, Section Con. 2 (BoWInanville) being Lots 22 and 24 and Part of
Lots 21 and 23 in Block A according to C.G. Hanning's Plan being a subdivision of Part of
Lot 10 in Concession 2 of the Geographic Township of Darlington, Municipality of
Clarington, Regional Municipality of Durham designated as Part 1 on Plan 10R-3434 save
and except for the lands laid out by Plans 10M.829 and lOM-830,
Secondly: Lands in Section 10M-829 being Plan 10M-829, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Parcel
17-3
58.1
62-1
63-1
64-1
65-1
67-1
68-1
75-1
76-1
89-1
90-1
91-1
92-1
93-1
94-1
95-1
96-1
97-1
98-1
100-1
101-1
103-1 to 106-1 inclusive
128-1
133.1 to 139-1 inclusive
143-1
1m
Part Lot 17 designated as Part 5
on Plan 40R-15528
Lot 58
Lot 62
Lot 63
Lot 64
Lot 65
Lot 67
Lot 68
Lot 75
Lot 76
Lot 89
Lot 90
Lot 91
Lot 92
Lot 93
Lot 94
Lot 95
Lot 96
Lot 97
Lot 98
Lot 100
Lot 101
Lots 103-106 inclusive
Lot 128
Lots 133 to 139 inclusive
Block 143
,. ,
Schedule "C"
33
-2-
Thirdly: Lands in Section 10M-830 being Plan 10M-830, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Parcel
1-1 to 7-1 inclusive
9~1
11~1
12-3
13~1
16-3
17-1
19-1
20-1
21-1
22-1
37-1
41-1 to 54~1 inclusive
74-1 to 77~1 inclusive
80-1
82-1 to 92-1 inclusive
95-1
96-1
97-1
l&t
Lots 1 to 7 inclusive
Lot 9
Lot 11
Part Lot 12 designated as Part 9
on Plan 40R-16213
Lot 13
Part Lot 16 designated as Part 17
on Plan 40R-16213
Lot 17
Lot 19
Lot 20
Lot 21
Lot 22
Part Lot 37 designated as Part 1
on Plan 40R-15752
Lots 41 to 54 inclusive
Lots 74 to 77 inclusive
Lot 80
Lots 82 to 92 inclusive
Block 95
Block 96
Block 97
Fourthly: Parcel 1-1, Section H-50075, in the Municipality of Clarington in the Regional
Municipality of Durham, formerly in the Municipality of Clarington, in the County of
Durham, being composed of Lots 4, 13, 15, 16, 17, 18, 19, 22, 23, 24 and 25 and Part of Lots
1,3, 5, 9, 10, 11, 12, 14, 20, 26, 27, 28, 29, 30 and 31 on Plan H-50075 being a subdivision
of Part of Lot 9 in Concession 1 and Part of Lot 9 in Concession 1 being Part of Lot 8,
Block 2 of the Plan of the Geographic Township of Darlington, formerly Bowmanville, and
part of the unnamed streets on Plan H-50075 and stopped up and closed by By-law No. 89-
66 of The Corporation of the Town of Newcastle registered as Instrument No. 152049
designated as Part 1 on Reference Plan lOR-4076.
. .
34
Schedule "C"
-3-
Fifthly: Parcel 75-1, Section 10M-800 being Block 75, Plan 10M-800 of the Municipality of
Clarington, Regional Municipality of Durham.
Sixthly: Parcel 78-1, Section 10M-8oo being Block 78, Plan 10M-800 of the Municipality of
Clarington, Regional Municipality of Durham.
Seventhly: Part of Parcel 10-1, Section Con. 2 (Bowmanville), Part of Lots 4,5 and 9 and
Part of The Unnamed Lane according to C.G. Hanning's Plan being a subdivision of Part
of Lot 10 in Concession 2 of the Geographic Township of Darlington, Municipality of
Clarington, Regional Municipality of Durham designated as Parts 1 and 2 on Plan 10R-3435.
3S'
SCHEDULE "E-I"
LIST OF SERVICES TO BE INSTALLED BY OWNER
The Services which the Owner will install under this Agreement and the
Subdivision Agreement between the Owner and the Municipality comprise the Mann Street
Storm Sewer Oversizing Works. These Services are described in Appendix "A" and "B" to
the Cost Sharing Report and Back-Up Documentation for the Oversizing of the Mann Street
Storm Sewer from Apple Blossom Boulevard to South of Concession Street in the
Municipality of Clarington dated May, 1994 prepared by Marshall Macklin Monaghan
Limited as finally approved by and on file with the Director of Public Works. These
Services are more particularly described in the Engineering Drawings for these works
prepared by Marshall Macklin Monaghan Limited dated April 7, 1989 as finally approved
by and on file with the Director of Public Works.
. .
3b
SCHEDULE "E-2"
ESTIMATED COST OF INSTALLING SERVICES
\
\
Estimated Installation
Mann Street Storm Sewer Oversizing Works Description Cost of Services
1. Storm Sewer Oversizing Work
Storm Sewer Oversizing Pipe Dia. (mm)
From To From To
inlet M.H. 12 900 975 $11,484.00
M.H,12 M.H, 23 1050 1200 $40,310.00
M.H, 23 M,H.28 1050 1200 $51,072.00
M.H.28 M.H. 42 1050 1200 $52,989.10
M.H, 42 M,H. 53 1350 1800 $42,097.18
M.H.53 M,H.54 1350 1800 $77,292,92
M,H.54 outfall 1350 1800 $94,986.48
$370,231.68
Engineering @ 10% $37,023.17
$407,254.85
2. Financing Charges
(from Aug. 15, 1990 to July 18, 1994) $162,207.94
3. Administration of Agreement $8,000.00
Total Estimated Costs of Works $577,462.79
, .
31
SCHEDULE "E-3"
PROPORTION OF COST
OF INSTALLATION OF SERVICES
TO BE PAID BY OWNER
One hundred (100%) percent of Net Capital Cost of Services.
, .
3~
SCHEDULE IE_4"
CAPITAL GRANTS, SUBSIDIES OR OTHER CONTRIBUTIONS
ANTICIPATED FROM OTHER GOVERNMENT AGENCIES
None
..
.
SCHEDULE IE_5"
31
ESTIMATED NET CAPITAL COST
OF INSTALLATION OF SERVICES
Total Estimated Net Capital Cost of
Installation of Services:
$577,462:79
to
, .
JI
SCHEDULE "E-6"
LIST OF SERVICES IN THE AGREEMENT
FOR WHICH A DEVELOPMENT CHARGE IS PAYABLE
The Services which the Owner will install under this Agreement and the
Subdivision Agreement between the Owner and the Municipality comprise the Mann Street
Storm Sewer Oversizing Works. These Services are described in Appendix "A" and "B" to
the Cost Sharing Report and Back-Up Documentation for the Oversizing of the Mann Street
Storm Sewer from Apple Blossom Boulevard to South of Concession Street in the
Municipality of Clarington dated May, 1994 prepared by Marshall Macklin Monaghan
Limited as finally approved by and on file with the Director of Public Works. These
Services are more particularly described in the Engineering Drawings for these works
prepared by Marshall Macklin Monaghan Limited dated April 7, 1989 as finally approved
by and on file with the Director of Public Works.
.
. <
4.1,
SCHEDULE IE_7"
LIST OF SERVICES IN THE AGREEMENT WHICH
ARE REFERRED TO IN SUBSECTION 3(7) OF THE ACT
None
. .
t2
SCHEDULE "E-8"
MANNER OF CALCULATION OF PORTION OF
FRONT-END PAYMENT TO BE MADE BY EACH
BENEFITING OWNER RESPECTING SERVICES
Summary
Summary of frontages contributing to the installation of services,
Area
(Shown on plan on Schedule B)
2A
28
28
2C
20
2E
2F
8,76
1.38
5.58
1.24
17.38
1.44
2.48
Total ground Area (ha)
Total Estimated Net Capital Cost of Services
Cost of Services Per Hectare
38.260
$577,462.79
$15,093.12
The estimated Net Capital Cost of the Owner's Services shown on Schedule E-Z is
$577,462.79. The total ground area of the Areas shown on the plans contained in Schedule
"B" which contribute to the cost of the Owner Services is 38.260 ha. The Benefiting Area
shown on the plans contained in Schedule "B" is 23.920 ha. The portion of the Front-End
Payment (Recoverable) allocated to each Area within the Benefiting Area is the product
achieved by multiplying the ground area of each such Area in hectares by the amount of
15,093.12. The portion of the Front-End Payment (Recoverable) allocated to each of the
Lands and the Areas shown on the plans contained in Schedule "B" which are not included
in the Benefiting Area is achieved by multiplying the arfea of the Land and such Areas in
hectares respectively by the amount of 15,093.12.
.-
15
SCHEDULE "Fit
CONTRIBUTIONS FROM BENEFITING DEVELOPERS
BENEFITING DEVELOPER
PIAN
MAP (AREA>
AREA (ha)
AMOUNT
COLLECTED
OR SECURED
Newcastle Meadows (Phase I)
IOM,835 2(B)
5.58
$54,678,13
Eiram Development Corporation
18T-89041
$42,741.83
TOTAL
$97,418,96
..
41
SCHEDULE "A"
LEGAL DESCRIPTION OF LANDS
(Registered Plans 10M-800, 10M-829 and 10M-830, the lands subject to
18T -89065 and Schickedanz lands North of the CPR)
Firstly: Part of Parcel 10-1, Section Con. 2 (Bowmanville) being Lots 22 and 24 and Part of
Lots 21 and 23 in Block A according to e.G. Hanning's Plan being a subdivision of Part of
Lot 10 in Concession 2 of the Geographic Township of Darlington, Municipality of
Clarington, Regional Municipality of Durham designated as Part Ion Plan 10R-3434 save
and except for the lands laid out by Plans lOM-829 and 10M-830.
Secondly: All Parcels in Section lOM-829 being all of the lands layout by Plan 10M-829
Municipality of Clarington, Regional Municipality of Durham.
Thirdly: All Parcels in Section 10M-830 being all of the lands layout by Plan 10M-830
Municipality of Clarington, Regional Municipality of Durham.
Fourthly: Parcell-I, Section H-5oo75, in the Municipality of Clarington in the Regional
Municipali~of Durham, formerly-in. the Town of Bowmanville, in the County of Durham,
being composed of Lots 4, 13, 15, 16, 17, 18, 19,22, 23, 24 and 25 and Part of Lots 1, 3, 5,
9, 10, 11, 12, 14, 20, 26, 27, 28, 29, 30 and 31 on Plan H-50075 being a subdivision of Part
of Lot 9 in Concession 1 and Part of Lot 9 in Concession 1 being Part of Lot 8, Block 2 of
the Plan of the Geographic Township of Darlington, formerly Bowmanville, and part of the
unnamed streets on Plan H-5oo75 and stopped up and closed by By-law No. 89-66 of The
Corporation of the Town of Newcastle registered as Instrument No. 152049 designated as
Part 1 on Reference Plan 10R-4076.
Fifthly: All Parcels in Section 10M-8oo being all of the land laid out by Plan 10M-8oo,
Municipality of Clarington, Regional Municipality of Durham.
Sixthly: Part of Parcel 10-1, Section Con. 2 (Bowmanville), Part of Lots 4, 5 and 9 and Part
of The Unnamed Lane according to C.G. Hanning's Plan being a subdivision of Part of Lot
10 in Concession 2 of the Geographic Township of Darlington, Municipality of Clarington,
Regional Municipality of Durham designated as Parts 1 and 2 on Plan 10R-3435.
~
~5'
, .
SCHEDULE "J"
BENEFITING OWNERS WITHIN THE BENEFITING AREA
AND THE LEGAL DESCRIPTION OF THEIR LANDS
Area 2A
Part of Parcel 10-1, Section Con. 2 (Bowmanville), Part of Lots 4, Sand 9 and Part of The
Unnamed Lane according to e.G. Hanning's Plan being a subdivision of Part of Lot 10 in
Concession 2 of the Geographic Township of Darlington, Municipality of Clarington,
Regional Municipality of Durham designated as Parts 1 and 2 on Plan 10R-343S.
Registered Owner and adress:
Schickedanz Brothers Ltd.
3311 Bayview Avenue
Suite 10S
Willowdale, Ontario M2K IG4
Assessment No.:
Legal Description (Land Titles): Part of Parcel 10-1, Section Con. 2 (Bowmanville), Part
of Lots 4, Sand 9 and Part of The Unnamed Lane according to.C.G. Hanning's Plan being
a subdivision of Part of Lot 10 in Concession 2 of the Geographic Township of Darlington,
Municipality of Clarington, Regional Municipality of Durham designated as Parts 1 and 2
on Plan 10R-343S.
Area 2B
Assessment No: 020-0S0-0347S-OOOO
Registered Owner and address: Towchester Developments limited
c/o Valiant Property Management
177 Nonquon Road
20th Floor
Oshawa, Ontario
LtG 3S2
Legal Description (Land Titles): Firstly: Remainder of Parcel 11-2, Section Con. 2,
Municipality of Clarington (formerly Town of Bowmanville).
Secondly: Parcell-I, Section 10M-83S being Lot 1, Plan 10M-83S, Municipality of
Oarington, Regional Municipality of Durham.
Area 2D
Assessment No: 020-060-07000-??oo
Registered Owner and Address: Chizen, Donna (as to l/Sth interest)
Boksman, Sandra (as to a 1/Sth interest)
Chizen, Robert Paul (as to a 1/Sth interest)
Chizen, Lawrence Stephen (as to a 1/Sth interest)
Baines, Carol Thora (as to a I/Sth interest)
902 Gifford 'Street
Whitby, Ontario
L1N 2S2
, .
~
Schedule "J"
-2-
Legal Description: Parcel 10-2, Section Con. 2 Bowmanville, Municipality of Clarington, in
the Regional Municipality of Durham, being composed of Part of Lot 10 in Concession 2
of the Geographic Township of Darlington, designated as Part 1 on Reference Plan 40R-
14379.
Area 2E
Assessment No: 020-050-03500-??oo
Registered Owner and address: 835607 Ontario Inc.
c/o Quadrillium Corporation
205-5300 Y onge Street
Willowdale, Ontario
M2N 5R2
Legal Description:
Firstly - (Reiistl)')
Part of Lot 11, Concession 2, geographic Township of Darlington, Municipality of Clarington
in the Regional Municipality of Durham, more particularly described as Parts 1, 2 and 3,
on Plan 10R-3226.
As described in Instrument No. 151275
Secondly - (Land Titles)
Parcel 11-1, Section Concession 2, (Bowmanville) being Part of Lot 11, Concession 2,
geographic Township of Darlington, designated as Parts 1 and 2, on Plan 10R-442, in the
Municipality of Clarington, in the Regional Municipality of Durham.
Subject to an easement in and upon said Part 2 on Plan 10R-442 more particularly set out
in Instruction 5968.
Area 2F
Firstly - Assessment No: 020-060-06100-0000
Registered 'Owner and address: 865742 Ontario Inc., in trust
48 Glenthorne Drive
Scarborough, Ontario
M1C 3X4
Legal Description (Registry): Part of Lot 4, Block A, e.G. Hannings Plan, being part of Lot
10, Concession 2, designated as Part 4 on Plan 40R-13953, Geographic Township of
Darlington (Town of Bowmanville) Municipality of Clarington, Regional Municipality of
Durham.
SecondlY - Assessment No.: 020-060-06200-0000
Registered owner and address: Marcom Holdings Inc.
c/o 3-505 Ellesmere Road
Scarborough, Ontario
M1R 4E5
. .
~,
Schedule "J"
-3-
Legal Description (Registry): Part of Lot 4 and Part of the Unnamed Lane all in Block A
according to Hanning's Plan of Part Lot 10, Concession 2, Geographic Township of
Darlington, formerly Town of Bowmanville, Municipality of Clarington, Regional
Municipality of Durham, designated as parts 5 to 8 on Plan 40R-13953.
Thirdly - Assessment No.: 020-060-06300-0000
Registered Owner and address: Payne, David Roger
Payne, Joanne as joint tenants
227 liberty St. North
Bowmanville, Ontario
LtC 2M6
Legal Description (Registry): Part of Lot 4, Block A and Part of an unnamed lane, C.G.
Hanning's Plan of Part of Lot 10, Concession 2, Geographic Township of Darlington,
formerly Town of Bowmanville, Municipality of Clarington, Regional Municipality of
Durham, designated as Part 3 on Plan 40R-13953.
Fourthly - Assessment No.: 020-060-06401-0000
Registered Owner and address:
Randall and Linda Morrish
239 Liberty Street North
Bowmanville, Ontario
L1C 2M6
Legal Description (Registry): Part of Lot 4 and Part of the unnamed lane, all in Block A
according to C.G. Hanning's Plan of Part of Lot 10, Concession 2, Geographic Township of
Darlington, formerly Town of Bowmanville, Municipality of Clarington, Regional
Municipality of Durham, designated as part 2 on Plan 40R-13953.
Area 4C
Assessment No.: 020-060-10805-??oo
Registered Owner and address: Marchetti, Emily, In Trust (as to an undivided
Three-Fifths Interest)
Deminico, Anthony, In Trust (as to the remaining
undivided Two-Fifths Interest)
c/o Anne Marie Marchetti
Barristers and Solicitors
12 Karen Ann Crescent
Scarborough, Ontario
M1G 1M3
Legal Description (Land Titles): Parcel Con. 2-9-1, Section Darlington, in the Municipality
of Clarington, in the Regional Municipality of Durham, being composed of part of Lot 9 in
Concession 2 of the Geographic Township of Darlington, designated as Part 1 on Reference
Plan 40R-15339.
Area 4D
Assessment No.: 020-060-17810-??oo
.
~t
. 'It \
Schedule "J" -4-
Registered Owner and address: Ontario Land Corporation
Ministry of Government Services management Branch
15th Floor, 77 Bay Street
Toronto, Ontario
M5G 2E5
Legal Description (Land Titles): Remainder of Parcel 8-3, Section Con. 2, Newcastle
(Darlington), in the Municipality of Clarington, in the Regional Municipality of Durham.
Area 4E
Assessment No: 020-060-11300-0000
Registered Owner and address: George Edward Bellman and Jeanne H. Bellman
24 Liberty Place
Bowmanville, Ontario
Legal Description (Registry): Part of the north half of Lot 8, Concession 2, lying south of
the Canadian Pacific Railway Right of Way, in the Township of Darlington now within the
limits of the Town of Bowmanville, Municipality of Clarington described as follows:
PREMISING that the Westerly limit of said Lot 8 has a bearing of North 16 degrees West
and relating all bearings herein thereto;
COMMENCING at the point of intersection of a fence running Easterly with the Westerly
limit of said Lot 8 as marked by an iron bar, said iron bar distant Southerly in the last-
mentioned limit thirty-four hundred and thirty-five and three-tenths feet (3435.3') from the
North-Westerly angle of said Lot 8;
THENCE North 74 degrees 14 minutes East along the said fence marking the centre line
of said Lot 8 a distance of twelve hundred and ten feet (1210') to an iron bar;
THENCE North 23 degrees 45 minutes West a distance of five hundred and fifty-three and
twenty-two one-hundredths feet (553.22') to an iron bar planted in the Southerly limit of the
Canadian Pacific Railway right-of-way;
THENCE Westerly along the said Southerly limit, being a curve to the left, said curve
having a radius of 1800 feet, a chord of 376.5 fe.et and a chord bearing of South 70 degrees
19 minutes West, an arc distance of three hundred and seventy-seven and two-tenths feet
(377.2') to an iron bar planted in the line of a fence running Northerly;
THENCE North 22 degrees 17 minutes West continuing along the Southerly limit of said
railway right-of-way and along the said fence a distance of fifty feet (50') to an iron bar;
THENCE Westerly along the Southerly limit of the said railway right-of-way being a curve
to the left, said curve having a chord equivalent of South 51 degrees West 819.3 feet a
distance of eight hundred and twenty-five feet (825') more or less to an iron bar planted at
the point of intersection with the Westerly limit of said Lot 8;
THENCE South 16 degrees East along the Westerly limit of said Lot 8 a distance of two
hundred and forty-eight and sixty-two one-hundredths feet (248.62') more or less to the
POINT OF COMMENCEMENT.
Containing 12.92 acres, more or less.
..
~1
I.\' ,.
Schedule" J"
-5-
SUBJECT to the easement created by Registered Agreement No. 10785 made between
Charles A Wight and The C.LO. & Western Railway and its lessee Canadian Pacific
Railway Company.
As described in Instrument No. N23202.
Area 4F
Assessment No: 020-060-10625-??oo
Registered Owner and address: Fujarczuk, William (70% interest)
Langenberger, Jadwiga (executrix of Langenberger,
Roman Stanislaw 30% interest)
2275A Royal Windsor Drive
Mississauga, Ontario
LSJ 1K5
Legal Description (Land Titles): Parcel 2-1, Section H-50077, being composed of Part of
Lots 2, 96, 97 and 98 and part of Lots 4 and 95, Block E on Plan H-50077, being a
subdivision of part of Lot 9 in Concession 2 of the Geographic Township of Darlington,
Municipality of Clarington, Regional Municipality of Durham, designated as Part 3 on
Reference Plan 10R-3976.
Area 5A
Part of Parcel 10-1, Section Con. 2 (Bowmanville) being Lots 22 and 24 and Part of Lots
21 and 23 in Block A according to C.G. Hanning's Plan being a subdivision of Part of Lot
10 in Concession 2 of the Geographic Township of Darlington, Municipality of Clarington,
Regional Municipality of Durham designated as Part 1 on Plan 10R-3434 save and except
for the lands laid out by Plans lOM-829 and 10M-830.
Lands in Section 10M-829 being Plan 10M-829, Municipality of Clarington, Regional
Municipality of Durham being the Parcels and Lots set out below:
Registered Owner and address: Schickedanz Brothers Inc.
3311 Bayview Avenue
Suite 105
Willowdale, Ontario M2K 1 G4
Assessment No.:
Legal Description (Land Titles): Firstly: Part of Parcel 10-1, Section Con. 2 (Bowmanville)
being Lots 22 and 24 and Part of Lots 21 and 23 in Block A according to C.G. Hanning's
Plan being a subdivision of Part of Lot 10 in Concession 2 of the Geographic Township of
Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part
Ion Plan 10R-3434 save and except for the lands laid out by Plans 10M-829 and 10M-830.
Secondly: Lands in Section 10M-829 being Plan lOM-829, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
~
. ... \ .
Schedule "J"
Parcel
17-3
58-1
62-1
63-1
64-1
65-1
67-1
68-1
75-1
76-1
89-1
90-1
92-1
93-1
94-1
95-1
96-1
97-1
98-1
100-1
101-1
103-1 to 106-1 inclusive
128-1
133-1 to 139-1 inclusive
143-1
~o
-6-
Lot
Part Lot 17 designated as Part 5
on Plan 40R-15528
Lot 58
Lot 62
Lot 63
Lot 64
Lot 65
Lot 67
Lot 68
Lot 75
Lot 76
Lot 89
Lot 90
Lot 92
Lot 93
Lot 94
Lot 95
Lot 96
Lot 97
Lot 98
Lot 100
Lot 101
Lots 103-106 inclusive
Lot 128
Lots 133 to 139 inclusive
Block 143
Thirdly: Lands in Section 10M-830 being Plan 10M-830, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Parcel
1-1 to 7-1 inclusive
9-1
11-1
12-3
13-1
16-3
17-1
19-1
2()"1
21-1
22-1
37-1
41-1 to 54-1 inclusive
74-1 to 77-1 inclusive
80-1
82-1 to 92-1 inclusive
95-1
96-1
97-1
l&1
Lots 1 to 7 inclusive
Lot 9
Lot 11
Part Lot 12 designated as Part 9
on Plan 40R-16213
Lot 13
Part Lot 16 designated as Part 17
on Plan 40R-16213
Lot 17
Lot 19
Lot 20
Lot 21
Lot 22
Part Lot 37 designated as Part 1
on Plan 40R-15752
Lots 41 to 54 inclusive
Lots 74 to 77 inclusive
Lot 80
Lots 82 to 92 inclusive
Block 95
Block 96
Block 97
A '''"'' \ ,
fJiJ
5J-
Schedule "J"
-7-
Area SB
Assessment No.: 020-060-05200-0000
Registered Owner and address: McLean, Daniel Neale
McLean, Shirley Ann
175 Liberty Street North
Bowmanville, Ontario
LIC 2M2
Legal Description (Registry): Part of Lots 2 and 3 and Unnamed Lane, Block "A",
according to C.G. Hanning Plan of Part of Lot 10, Concession 2, Geographic Township of
Darlington (former Town of Bowmanville ) Municipality of Clarington, Regional Municipality
of Durham, now designated as Part 1, Plan 10R-1712.
Area 6C
Assessment No: 020-050-03475-0000
Registered Owner and address: Towchester Developments Limited
c/o Valiant Property Management
177 Nonquon Road
20th Floor
Oshawa, Ontario LIG 3S2
Registered Owner: Towchester Developments Limited
Legal Description (Land Titles): Firstly: Remainder of Parcel 11-2, Section Con. 2,
Municipality of Oarington (formerly Town of Bowmanville), being composed of Part of Lot
11, Concession 2, and Part of Lots 14 and 16 according to Hambly Plan (by L.H. Shortt) of
Part of Lot 12, Concession 2, of the Geographic Township of Darlington, designated as Part
Ion Reference Plan 10R-3416, save and except that part of Part 1, Plan 10R-3416 contained
within Plan 10M-835, Municipality of Clarington (formerly Town of Newcastle) in the
Regional Municipality of Durham. Secondly: Parcel 1-1, Section 10M-835 being Lot 1, Plan
lOM-835, Municipality of Clarington in the Regional Municipality of Durham.
Area 7A
Registered Owner and address: Schickedanz Brothers Inc.
3311 Bayview Avenue
Suite 105
Willowdale, Ontario M2K 1 G4
Assessment No.:
Legal Description (Land Titles): Firstly: Parcel 1-1, Section H-5oo75, in the Municipality
of Claringtonin the Regional Municipality of Durham, formerly in the Town of Bowmanville,
in the County of Durham, being composed of Lots 4, 13, 15, 16, 17, 18, 19,22,23,24 and
25 and Part of Lots 1, 3, 5, 9, lO, 11, 12, 14, 20, 26, 27, 28,29, 30 and 31 on Plan H-50075
being a su~vision of Part of Lot 9 in Concession 1 and Part of Lot 9 in Concession 1 being
Part of Lot 8, Block 2 of the Plan of the Geographic Township of Darlington, formerly
Bowmanville, and part of the unnamed streets on Plan H-50075 and stopped up and closed
by By..law No. 89-66 of The Corporation of the Town of Newcastle registered as Instrument
No. 152049 designated as Part 1 on Reference Plan lOR-4076.
.
~
'5":2-
. .... ).
Schedule "J"
-8-
SecondlY: Parcel 75-1, Section 10M-800 being Block 75, Plan 10M-800 of the Municipality
of Clarington, Regional Municipality of Durham.
Thirdly: Parcel 78-1, Section lOM-800 being Block 78, Plan 10M-800 of the Municipality
of Clarington, Regional Municipality of Durham.
Area 8A
Assessment No.: 020-060-15500-0000
Regi.stered Owner and address: Penwest Development Corporation limited
Douglas K McMullen
c/o Fogler Rubinoff
Royal Trust Tower, Toronto-Dominion Centre
P.O. Box 95, Stn. Toronto Dominion
Toronto, Ontario M5K IG8
Legal Description (Land Titles): Parcel 8-1, Section Block 2, (Hanning Plan)
(Bowmanville), in the Municipality of Oarington, in the Regional Municipality of Durham
being composed of part of Lot 9 in Concession 1 of the Geographic Township of Darlington,
also known as part of Lot 8, Block 2, C.G. Hanning Plan and part of Lots 9, 26 and 27 on
Plan H-50075 of the said Geographic Township of Darlington designated as Parts 1, 2, 3,
4 and 5 on Reference Plan 40R-14082.
Area 8B
Assessment No.: 020-060-25400-0000
Registered Owner and address: Ashdale Capital Corporation Ltd.
c/o John R. Grummett
85 West Beaver Creek Road
Unit 2
Richmond Hill, Ontario
UB lK4
Legal Description (Registry): Part of Town Lots 5, 9, 10, 11 and 12 and all of Town Lots
6, 7 and 8, Plan H-50075 and Part of Lot 9, Concession 1, Geographic Township of
Darlington, formerly Town of Bowmanville, Municipality of Clarington, Regional
Municipality of Durham, designated as Parts 1, 2, 3 and 4 on Plan 10R-2911.
Area 'B
Assessment No.: 020-060-12010-??oo
Registered Owner and address: Sabina Investments Inc.
100 West Beaver Creek Road
Suite 8
Richmond Hill, Ontario
UB 1G5
..
-
59
~''''. I
Schedule" J"
-9-
Legal Description (Land Titles): Parcel A-I, Section Plan lOM-701 (Bowmanville), in the
Municipality of Clarington, Regional Municipality of Durham, formerly in the Town of
Bowmanville, County of Durham, being Blocks A, B, C, D, E, G, H, I and Bowtown Court
(as closed by judges order registered as 70097) according to plan 701 registered in the Land
Registry Office for the Registry Division of Newcastle and Part of Block 3 on the North Side
of King Street according to C.G. Hanning's Plan being a subdivision of Lot 10 in Concession
1 of the original township of Darlington designated as Parts 1, 2, 3 and 4 on a Plan of
Survey of Record in the Land Registry Office, Land Titles Division of Newcastle at
Newcastle as 10R-659.
.11
fit ,(.. .,.
:
.
SCHEDULE "K"
CALCULATION OF THE FRONT-END PAYMENT (RECOVERABLE)
FOR THE SERVICES (RECOVERABLE)
\R
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I
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~ ~
~ =
~ 00
00
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et:
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Q
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=
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.
November 10,1994
File "MANN-STM
~,
TOTAL OF AREAS ** OWNER'S SHARE * AREA FRONT -END
MAP BENEATnNG OWNER CONTRIBUTING OF AREA BENEFITING NOT INCWDED IN AMOUNT/(ha) PAYMENT
AREA TO SERVICES CONTRIBUTING AREA BENEFITING AREA ($) (RECOVERABLE)
2A SCHlCKEDANZ BROTHERS 8.760 8,760 $15,003,12
2B TO\,\CHESTER DEV, LID, 1,380 1,380 $15,093,12 $20,828.51
2B NE\t\CASTLE MEADOWS INC, 5,580 5,580 $15,003.12
2C EIRAM DEVELOPMENT CORPORATION 1,240 1,240 $15,093,12
2D ROBERT AND LAWRENCE CHIZEN 17,380 17.380 $15,093,12 $262,318,43
2E 835607 ONTARIO INC 1,440 1,440 $15,003.12 $21,734,09
2F 865742 ONTARIO LID, ON TRUSl) 2,480 2,480 $15,093,12 $37,430,94
TOTAL 38.260 8.760 22.680 6.820 $342,311.97
* This Area is subject to a registered subdivision agreement which provides for the reimbursement toward the cost of the services, and is
referred to in section 7.14(c) of this agreement It is included in the areas contributing to the M,D,P, for the purposes of Schedule "E-8" of this
Agreement,
** The Owner is responsible for Area 2A, which contribute to the services, The amounts of the Front-End Payment allocated to these
Area Is $132,215.34,
~ Qd :;ovince
~ Ontario_
Document General
Form 4 - land Registration Reform Act
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(6) Description ~
Municipality of Clarington
Regional Municipality of Durham
as more particularly described in Schedule "1" attached
~ p~t cf lot ).1., CQI1~ 2)
(fOiMUS --;O~ns~ 1 J)a/~k)
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Document
o Contains:
(a) Redescription (b) Schedule for:
New Easement
Pltm/Sketch 0 Description [XI
Additional
Parties 0 Other !XI
(8) This Document provides as follows:
See Front-Ending Agreement attached
By-law Nos. 92-105,93-74 and 94-115 referred to in Recital E in the attached agreement have been registered
on the 16th day of September, 1994 as Instrument No. D 440242.
By-law No. 94-117 referred to in Recital H in the attached agreement was registered on the ( day of .L,; L
1997 as Instrument No. ..b4 ~053'O ~
The Subdivision Agreement registered on July 24,1989 as Instrument No. 153022 was amended by an
Amending Agreement registered on the 24th day of March, 1992 as Instrument No. LT 586924 only as to
lands in the Land Titles system.
Continued on Schedule 0
(9) This Document relates to instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
THE..CORPORATON,OF..THE..MUNICIPALITY,Q.F..
CLARINGTON by its solicitor
Slgnature(s) Date of Signature
, Y ,M, 0
.....,",.....,....~...:......?:.,.,"'~"""',.,'"""."",':'"1997",,':'0.3.,':'18,.,,
Nicholas T. Macos : I 1
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(11) Address
for Service 40 Temperance Street, Bowmanville, Ontario, LIC 3A6
((12) Party(ies) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
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(13) Address
for Service
(14) Municipal Address of Property
(15) Document Prepared by:
Nicholas T. Macos
Barrister & Solicitor
130 Adelaide Street West
Suite 2500
Toronto, Ontario
M5H 2M2
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SCHEDULE "1"
LEGAL DESCRIPTION OF LANDS
Area 2E
Part of Lot 11, Concession 2, geographic Township of Darlington, Municipality of Clarington
in the Regional Municipality of Durham, more particularly described as Parts 1, 2 and 3,
on Plan 10R-3226.
As described in Instrument No. 151275
Area 2F
Firstly: Part of Lot 4, Block A, e.G. Hannings Plan, being part of Lot 10, Concession 2,
designated as Part 4 on Plan 40R-13953, Geographic Township of Darlington (Town of
Bowmanville) Municipality of Clarington, Regional Municipality of Durham.
Secondly: Part of Lot 4 and Part of the Unnamed Lane all in Block A according to
Hanning's Plan of Part Lot 10, Concession 2, Geographic Township of Darlington, formerly
Town of Bowmanville, Municipality of Clarington, Regional Municipality of Durham,
designated as parts 5 to 8 on Plan 40R-13953.
Thirdly: Part of Lot 4, Block A and Part of an unnamed lane, e.G. Hanning's Plan of Part
of Lot 10, Concession 2, Geographic Township of Darlington, formerly Town of
Bowmanville, Municipality of Clarington, Regional Municipality of Durham, designated as
Part 3 on Plan 40R-13953.
Fourthly: Part of Lot 4 and Part of the unnamed lane, all in Block A according to e.G.
Hanning's Plan of Part of Lot 10, Concession 2, Geographic Township of Darlington,
formerly Town of Bowmanville, Municipality of Clarington, Regional Municipality of
Durham, designated as part 2 on Plan 40R-13953.
Area 4E
Part of the north half of Lot 8, Concession 2, lying south of the Canadian Pacific Railway
Right of Way, in the Township of Darlington now within the limits of the Town of
Bowmanville, Municipality of Clarington described as follows:
PREMISING that the Westerly limit of said Lot 8 has a bearing of North 16 degrees West
and relating all bearings herein thereto;
COMMENCING at the point of intersection of a fence running Easterly with the Westerly
limit of said Lot 8 as marked by an iron bar, said iron bar distant Southerly in the last-
mentioned limit thirty-four hundred and thirty-five and three-tenths feet (3435.3') from the
North-Westerly angle of said Lot 8;
..
~
Schedule 1'1"
-2-
THENCE North 74 degrees 14 minutes East along the said fence marking the centre line
of said Lot 8 a distance of twelve hundred and ten feet (1210') to an iron bar;
THENCE North 23 degrees 45 minutes West a distance of five hundred and fifty-three and
twenty-two one-hundredths feet (553.22') to an iron bar planted in the Southerly limit of the
Canadian Pacific Railway right-of-way;
THENCE Westerly along the said Southerly limit, being a curve to the left, said curve having
a radius of 1800 feet, a chord of 376.5 feet and a chord bearing of South 70 degrees 19
minutes West, an arc distance of three hundred and seventy-seven and two-tenths feet
(377.2') to an iron bar planted in the line of a fence running Northerly;
THENCE North 22 degrees 17 minutes West continuing along the Southerly limit of said
railway right-of-way and along the said fence a distance of fifty feet (50') to an iron bar;
THENCE Westerly along the Southerly limit of the said railway right-of-way being a curve
to the left, said curve having a chord equivalent of South 51 degrees West 819.3 feet a
distance of eight hundred and twenty-five feet (825') more or less to an iron bar planted at
the point of intersection with the Westerly limit of said Lot 8;
THENCE South 16 degrees East along the Westerly limit of said Lot 8 a distance of two
hundred and forty-eight and sixty-two one-hundredths feet (248.62') more or less to the
POINT OF COMMENCEMENT.
Containing 12.92 acres, more or less.
SUBJECf to the easement created by Registered Agreement No. 10785 made between
Charles A Wight and The e.LO. & Western Railway and its lessee Canadian Pacific
Railway Company.
As described in Instrument No. N23202.
Area SB
Part of Lots 2 and 3 and Unnamed Lane, Block "A", according to e.G. Hanning Plan of Part
of Lot 10, Concession 2, Geographic Township of Darlington (former Town of Bowmanville)
Municipality of Clarington, Regional Municipality of Durham, now designated as Part 1, Plan
10R-1712.
...
"
Schedule "1"
-3-
Area 8B
Part of Town Lots 5, 9, 10, 11 and 12 and all of Town Lots 6, 7 and 8, Plan H-50075 and
Part of Lot 9, Concession 1, Geographic Township of Darlington, formerly Town of
Bowmanville, Municipality of Clarington, Regional Municipality of Durham, designated as
Parts 1, 2, 3 and 4 on Plan 10R-2911.
'"
FRONT - ENDING AGREEMENT
(MANN STREET STORM SEWER OVERSIZING WORKS)
THIS AGREEMENT made in quintuplicate as of this 18th day of September, 1995.
BE1WEEN:
THE CORPORATION OF
THE MUNICIPALI1Y OF CLARINGTON
. and .
SCHICKEDANZ BROS. LIMITED
. and .
ROYAL BANK OF CANADA
..
TABLE OF CONTENTS
ARTICLE 1 - DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
ARTICLE 2 - ACKNOWLEDGEMENTS: BASIS OF THE AGREEMENT.... 8
2.5 Postponement of Mortgage ................................. 9
ARTICLE 3 - ESTIMATED COST.................................... 9
ARTICLE 4 - COST OF ADMINISTERING THIS AGREEMENT......... 9
ARTICLE 5 - SECURITY FOR OWNER'S OBLIGATIONS AND
COVENANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
ARTICLE 6 - INSTALLATION OF SERVICES BY THE OWNER....... 11
6.1 Owner Installs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
6.2 Authorization to Commence Work .......................... 11
6.3 Completion Dates ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
6.4 Return of Financial Security ............................... 12
6.5 Owner's Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
ARTICLE 7 RECOVERY OF FRONT-END PAYMENTS
(RECOVERABLE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
ARTICLE 8 - OBJECTIONS ....................................... 17
ARTICLE 9 - INDEMNITY AND REIMBURSEMENT................. 17
ARTICLE 10 - INTEREST ON ARREARS . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
ARTICLE 11 - TERM............................................ 19
ARTICLE 12 - REGISTRATION OF AGREEMENT .. . . . . . . . . . . . . . . . .. 19
ARTICLE 13 - FURTHER ASSURANCES........................... 19
ARTICLE 14 - SUCCESSORS AND ASSIGNS ........................ 20
ARTICLE 15 - ACCEPTANCE ..................................... 20
ii
ARTICLE 16 - NOTICE
. . .. . . .. .. .. . . . . . . . . .. . .. . . . .. . .. . .. .. . .. .. .. .. .. .. .. .. .. .. " .. ..
20
ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT
21
ARTICLE 18 - INTERPRETATION................................. 21
SCHEDULES TO AGREEMENT
Schedule "A"
"Legal Description of the Lands"
Schedule "B"
"Plans of Benefiting Area"
Schedule "C"
"Legal Description of Retained Lands"
Schedule "D"
Not Used
Schedule "E-l"
"List of Services to be installed by Owner"
Schedule "E-2"
"Estimated Cost of Installation of Services"
Schedule "E-3"
"Proportion of Cost of Installation of Services to
be Paid by Owner"
Schedule "E-4"
"Capital Grants, Subsidies or Other Contributions
Anticipated from Other Government Agencies"
Schedule "E-5"
"Estimated Net Capital Cost of Installation of
Services"
Schedule "E-6"
"List of Services in the Agreement for which a
Development Charge is Payable"
Schedule "E-7"
"List of Services in the Agreement which are
Referred to in Subsection 3(7) of the Act"
Schedule "E-8"
"Manner of Calculation of Portion of Front-End
Payment to be Made by Each Benefiting Owner
Respecting Services"
Schedule "F"
"Contributions from Benefiting Developers"
Schedule "G"
Not Used
Schedule "R"
Not Used
Schedule "I"
Not Used
Schedule "J"
"Benefiting Owners within Benefiting Area and
the Legal Description of their Lands"
Schedule "K"
"Calculation of the Front-End Payment
(Recoverable) for Service (Recoverable), Owner's
Share and Benefiting Owners' Shares"
Schedule "L"
"Estimated Front-End payment (Recoverable) for
Each Service (Recoverable), Owner's Share and
111
Benefiting Owners' Shares"
Front-Ending Agreement
Page 2
FRONT-ENDING AGREEMENT
THIS AGREEMENT made in quintuplicate as of this 18th day of September, 1995.
BET WEE N:
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
- and -
SCHICKEDANZ BROS. LIMITED
(hereinafter called the "Owner")
OF THE SECOND PART
- and -
ROYAL BANK OF CANADA
(hereinafter called the "Mortgagee")
OF THE THIRD PART
WHEREAS:
A. The Owner was the registered and beneficial owner of the Lands identified
in Schedule "A" which Lands are within the Benefiting Area shown on the plans contained
in Schedule "B" attached hereto. Currently the Owner is the registered and beneficial
owner of the portion of the lands identified in Schedule "C" and referred to in this
Agreement as the "Retained Lands" subject to the rights of the Mortgagee under the
Mortgage from the Owner to the Mortgagee dated June 30, 1993 and registered in the Land
Registry Office as Instrument No. LT646312 (the "Mortgage");
B. The Owner represents that there are no encumbrancers other than the
Mortgagee of the Retained Lands;
C. The Owner proposes to develop the Retained Lands and has sold the Lands,
other than the Retained Lands, for the purpose of development;
Front-Ending Agreement
Page 3
D.
The Services are required to enable the Benefiting Area to. be developed;
E. The Municipality has enacted By-law No. 92-105, as amended by By-law No.
93-74 and By-law No. 94-115, being a development charge by-law under the Development
Charges Act, R.S.O. 1990, c.D.9;
F. The Owner has requested the Municipality to install the Services described
herein and/or has requested permission to install the Services described herein, which the
Municipality has agr~ed to do and/or permit;
G. Under the Development Charges Act, the Municipality and the Owner are
empowered to enter into this Agreement for the installation of Services by the Owner or any
combination thereof; and
H. This Agreement is authorized by By-law No. 94-117 passed on the 11th day
of July, 1994.
NOW THEREFORE WITNESSETH THAT in consideration of the premises, and
covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of
Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
ARTICLE 1 - DEFINITIONS
(1) In this Agreement,
(a) "Act" means the Development Charges Act, R.S.O. 1990, c.D.9, as revised,
re-enacted or consolidated from time to time, and any successor statute.
(b ) "Administrative Costs" means the sums of money and costs referred to in
Sections 4(1) and 4(3), attributed to a Service under Section 4(4).
(c) "Agreement" means this Agreement.
( d) "Authorization to Commence Works" means the written permission signed
by the Director of Public Works given to the Owner or the Owner's
Engineer to commence the construction and installation of the Owner
Services pursuant to the Subdivision Agreement.
Front-Ending Agreement
Page 4
(e) "Bankruptcy Act" means the Bankruptcy and Insolvency' Act, R.S. 1985,
c.B.3, as revised, re-enacted or consolidated from time to time, and any
successor statute.
(f) "Benefiting Area" means those lands as shown on the plans contained in
Schedule "B" that will receive a benefit from the construction of the
Services.
(g) "Benefiting Developers" has the meaning attributed to it in Section 7.14(c)
of this Agreement.
(h) "Benefiting Owner" means any owner of land within the Benefiting Area
other than the Owner. The land of each Benefiting Owner is shown on the
plans contained in Schedule "B", and also are described in Schedule "J"
hereto.
(i) "By-law" means By-law No. 92-105 enacted by the Municipality under the
Act as such By-law has been or is amended or replaced from time to time.
(j) "Certificate of Acceptance" means a certificate in writing given to the
Owner that the Owner Services have been accepted by the Municipality
pursuant to the Subdivision Agreement.
(k) "Certificate of Completion" means a certificate in writing given to the
Owner that the Owner Services referred to in the Authorization to
Commence Works have been completed pursuant to the Subdivision
Agreement.
(1) "Contributions" has the meaning attributed to it in Section 7.14(c) of this
Agreement.
(m) "Construction Lien Act" means the Construction Lien Act, R.S.O. 1990 c.
C.30, as revised, re-enacted or consolidated from time to time, and any
successor statute.
(n) "Development Charge" has the meaning attributed to it in the Act.
(0) "Director" means the Director of Public Works for the Municipality or such
other person as the Director may designate from time to time.
Front-Ending Agreement
Page 5
(p) "Director of Public Works" means the Municipality's Director of Public
Works or his designate.
(q) "Easement Costs" means the cost of the easements and/or lands which have
been or are to be acquired outside the Lands, from persons other than the
Owner, for the purpose of the installation of the Services or any of them.
(r) "Estimated Installation Cost" means, in regard to the Services the
estimated cost of installation of the Services.
(s) "Estimated Net Capital Cost" means, in regard to the Services, the
estimated Net Capital Cost of the Services.
(t) "Final Cost-Owner Services" means, for Services installed by the Owner,
the Reasonable Cost of the Owner Services.
(u) "Financial Security" means the Letter(s) of Credit deposited with the
Municipality respecting the Services to be installed by the Owner.
(v) "Front-End Payment" has the meaning attributed to it in the Act.
(w) "Front-End Payment-Installation of Services" means, for the Services
installed by the Owner, the Net Capital Cost of said Services and includes
Administrative Costs and Easement Costs.
(x) "Front-End Payment (Recoverable)" means, for the Services (Recoverable),
the Front-End Payment-Installation of Services which is in respect of the
Services (Recoverable).
(y) "Holdbacks" has the meaning attributed to it in Section 7.12(e) of this
Agreement.
(z) "Immediate Payment Money" has the meaning attributed to it in Section 8.7
of this Agreement.
(aa) "Land Registry Office" means either the Land Registry Office for the Land
Titles Division of Durham (No. 40) or the Land Registry Office for the
Registry Division of Durham (No. 40) as may be appropriate in the context
in which the term is used.
Front-Ending Agreement
Page 6
(bb) "Lands" means the lands in the Municipality more particularly described in
Schedule "A".
(cc) "Letter of Credit" means an irrevocable and unconditional letter of credit
issued by a bank listed in Schedules lor II of the Bank Act, S.c. 1991, c.46
acceptable to the Municipality's Treasurer.
(dd) "Maintenance Period" means the two (2) year period which commences on
the 9ate on which the Owner or the Owner's Engineer is given the
Certificate of Completion for the Owner Services.
(ee) "Mortgage" has the meaning attributed to it in Recital A of this Agreement.
(ff) "Municipal Act" means the Municipal Act, R.S.O. 1990, c. M.45, as revised,
re-enacted or consolidated from time to time, and any successor statute.
(gg) "Municipality" means The Corporation of the Municipality of Clarington.
(hh) "Net Capital Cost" means in regard to the Services installed by an Owner,
the Final Cost-Owner Services less any grants, subsidies or other
contributions attributable to the Service that may be received by the
Municipality from any governmental authority, as determined by the
Director.
(ii) "Objection" means an objection to this Agreement pursuant to Section 22(3)
of the Act and as referred to in Sections 11 and 12 of this Agreement.
(jj) "Owner" means an owner who is a party to this Agreement of the Lands
located within a Benefiting Area.
(kk) "Owner Services" means the Services which have been or are to be installed
by the Owner under the terms of this Agreement, and Owner Service
means anyone of the Owner Services.
(11) "Owner's Engineer" means a consulting civil engineer retained by the
Owner who is experienced in performing the duties set out in Schedule "I"
of this Agreement who or which is a partnership, association of persons or
a corporation that holds a certificate of authorization, in their or its own
name to practice professional civil engineering and is a licensed to do so
Front-Ending Agreement
Page 7
under the Professional Engineers Act R.S.O. 1990 c. P.28 as it may be
amended from time to time provided that the Owner's Engineer shall not
be the Owner, or an officer, director, shareholder or employee of the
Owner.
(mm) "Party" means a party to this Agreement.
(nn) "Planning Act" means the Planning Act, R.S.O. 1990, c.P.13, as revised, re-
enac!ed or consolidated from time to time, and any successor statute.
(00) IlReasonable Cost", in regard to Services installed by the Owner, means the
reasonable costs incurred by the Owner for the installation of the Owner
Services, as determined by the Director.
(pp) "Retained Lands" has the meaning attributed to it in Recital "A" of this
Agreement.
(qq) "Revised Estimate" has the meaning attributed to it in Section 5(3) of this
Agreement.
(rr) "Services" means the: services required to enable the Lands to be developed,
installed by the Owner, in accordance with this Agreement and described
in Schedule "E-l" hl~reto, and "Service" means anyone of such Services.
(ss) "Services (Recoverable)" means the Services listed in Schedule "E-1" for
which a development charge is payable under the By-law and for which
reimbursement shall be required from Benefiting Owners for the Benefiting
Owners' proportionate shares of the Net Capital Cost, Administrative Costs
and Easement Costs, and "Service Recoverable" means anyone of such
Services.
(tt) "Solicitor" means the Solicitor for the Municipality.
(uu) "Specifications" means the design guidelines, standards and specifications
established by the Director for the installation of Services.
(w) "Subdivision Agreement" means the SubdIvision Agreement made between
the Owner and The Corporation of the Town of Newcastle on July 18, 1989
Front-Ending Agreement
Page 8
and registered on July 24, 1989 in the Land Registry Office as Instrument
No. 153022, as amc~nded.
(ww) "Term" has the meaning attributed to it in Section 12 of this Agreement.
(xx) "Treasurer" means the Treasurer of the Municipality.
(yy) "Trust Account" has the meaning attributed to it in Section 7.8(a) of this
Agre~ment.
(zz) "Workers' Compensation Act" means the Workers Compensation Act,
R.S.O. 1990, c.W.11, as revised, re-enacted or consolidated from time to
time, and any successor statute.
(2) All other capitalized terms used herein and not otherwise defined shall have
the meanings attributed to them in the Act, as amended from time to time.
ARTICLE 2 - ACKNOWLEDGEMENTS: BASIS OF THE AGREEMENT
2.1 The Owner and the Mortgagee represent that Recitals A, B, C. D and Fare
correct. The Parties acknowledge that the Services to be installed under this Agreement,
the Party responsible for the installation of the Services, the Services for which a
development charge is payable und~~r the By-law, and the Services which are described in
Section 3(7) of the Act, are set out in Schedules liE-I", "E-3", "E-6" and "E-7".
2.2 The Parties acknowledge that the Services which are identified o:p. Schedules
liE-I" and "E-6" are required to enable the Benefiting Area to be developed.
2.3 The Parties further acknowledge that under this Agreement:
(a) The Owner shall only be reimbursed by Benefiting Owners in regard to the
Services (Recoverable); and
(b) The Services described in Section 3(7) of the Act are not eligible for
reimbursement hereunder.
2.4 Nothing in this Agreement shall be deemed to derogate in any way from the
provisions of (1) the Subdivision Agn~ement, (2) an Agreement between the Owner and the
Front-Ending Agreement
Page 9
Municipality made as of August, 10, 1993, and (3) an Agreement between the Owner and
the Municipality and Don Sherk Construction Limited also made as of August 10, 1993.
2.5 Postponement of Mort2a2e
The Mortgagee hereby postpones the Mortgage to this Agreement with the intent
that this Agreement shall take effect as though dated, executed and registered prior to the
Mortgage. In the event that (1) the Mortgagee obtains an order of foreclosure against the
Owner, (2) the Mortgagee directly or indirectly takes possession of the Lands, or (3) the
Lands are sold after default occurs under the mortgage, the Lands shall not be used or
developed by any person otherwise than in conformity with the provisions of this Agreement.
In order to give further assurance to the Municipality, the Mortgagee at its cost shall
execute a separate Postponement Agreement containing terms satisfactory to the
Municipality's Solicitor forthwith after being requested to do so by notice given in writing
to the Mortgagee and to deliver the same to the Municipality.
ARTICLE 3 - ESTIMATED COST
3.1 The Parties acknowledge and agree that the Estimated Installation Cost of the
Services and the Estimated Net Capital Cost of the Services are set out in Schedules "E-2"
and "E-S", respectively.
ARTICLE 4 - COST OF ADMINISTERING THIS AGREEMENT
4.1 The Owner shall pay to the Municipality the reasonable cost to the
Municipality of administering this Agreement which reasonable cost comprises the
sum of four thousand ($4,000.00) dollars for the legal expenses of the Municipality for the
preparation and processing of this Agreement, in addition to the cost of the registration of
this Agreement against the title of the Owner to the Lands and the title of the Benefiting
Owners' to their respective lands.
4.2 In addition, the Owner shall pay to the Municipality within thirty (30) days of
the delivery of the invoice therefor all other reasonable costs incurred by the Municipality
of administering this Agreement, including the cost of consultants and studies required by
the Director of Public Works in preparation of this Agreement.
4.3 The Municipality agrees that amounts paid by the Owner under Sections 4(1)
and are to be included in calculating the Front-End Payment (Recoverable) for the Services
(Recoverable ).
Front-Ending Agreement
Page 10
ARTICLE 5 - SECURITY FOR OWNER'S OBLIGATIONS AND COVENANTS
5.1
(1)
Prior to execution of this Agreement by the Municipality, the Owner shall
deliver to the Municipality and thereafter maintain in good standing the
following Financial Security in regard to the Services in order to secure the
due performance of each of the Owner's obligations and covenants herein
contained:
(a) The sum of $407,254.85 by Letter(s) of Credit to secure the Owner's
obligations for the installation of Services by the Owner as set out in
Article 6 hereof.
(2) Notwithstanding Section 5.1(1) the Parties hereto acknowledge that Letter of
Credit #P32703T0257 issued by the Royal Bank of Canada in the amount of
$3,865,000.00 has been deposited by the Owner with the Municipality pursuant
to the Subdivision Agreement,the deposit of which Letter of Credit is hereby
deemed to fully satisfy the Owner's obligation under Section 5.1(1)(a) of this
Front-Ending Agreement to deliver Financial Security to the Municipality in
the amount of $407,254.85, provided that the Owner shall maintain the
aforesaid Letter of Credit in good standing until the Owner is entitled to its
release under the provisions of the Subdivision Agreement.
5.2 The Municipality shall be entitled to draw upon the Financial Security if it is
not renewed or replaced with another Financial Security at least thirty (30) days prior to its
expiry and all monies received by the Municipality shall be used to secure the due
performance of each of the Owner's obligations and covenants herein contained.
5.3 If the Director of Public Work, at any time and from time to time, determines
that the actual cost of installing a Service may exceed the Estimated Installation Cost in
regard to the Services. or after an objection is made to the Agreement, it may notify the
Owner of the new estimate (the "Revised Estimate") and the Owner shall deliver to the
Municipality. within thirty (30) days of receipt of such notice, an additional or a replacement
Financial Security such that the total amount of the Financial Security held by the
Municipality is then equal to one hundred percent (100%) of the "Revised Estimate" less
the amount of any reduction in the Financial Security which the Municipality may have
permitted under the terms of the Subdivision Agreement.
5.4 If, at any time, the Owner is in default of its obligations and covenants under
the terms of this Agreement, the Municipality shall be entitled. but not obligated, to:
Front-Ending Agreement
Page 11
(a) satisfy any outstanding obligations of the Owner under .this Agreement;
and/ or
(b) call upon the Financial Security to rectify the default.
If, for any reason, the Financial Security is not sufficient to permit the rectification of the
default, or the Municipality incurs any costs in so proceeding, the Owner shall pay, within
thirty (30) days of demand, any and all additional costs as they are incurred, failing which
such costs may be recovered in like manner as municipal taxes under Section 326 of the
Municipal Act and shall be a charge upon the Lands.
5.5 Any call on the Financial Security by the Municipality under the terms of this
Agreement or the Subdivision Agreement shall not relieve the Owner from any of its
obligations hereunder or under the Subdivision Agreement.
ARTICLE 6 - INSTALLATION OF SERVICES BY THE OWNER
6.1 Owner Installs
Without derogating from the provisions of agreements made or to be made
by the Owner and the Municipality pursuant to Section 51 of the Planning Act with respect
to any or more portions of the Lands, the Owner shall, at its expense, obtain all required
approvals and install or cause to be installed the Services listed in Schedule "E-1". These
Services comprise the Owner Services for the purposes of this Agreement. Each of the
Owner Services will be installed in accordance with the Subdivision Agreement.
6.2 Authorization to Commence Work
The Owner shall not commence the installation of an Owner Service until the
Director of Public Works has issued an Authorization to Commence Works in respect of the
Owner Service pursuant to the Subdivision Agreement and this Agreement has been
executed and registered on the title of the Lands and the lands of the Benefiting Owners.
6.3 Completion Dates
(a) The Owner agrees that the completion dates for the installation of the Owner
Service is July 11, 1994.
Front-Ending Agreement
Page 12
(b) If the Owner defaults in the installation of the Owner Services or if the Owner
Services are not being installed in accordance with either the terms of this Agreement or
the Subdivision Agreement, the Municipality may call upon the financial Security in
accordance with the provisions of the Subdivision Agreement as are applicable thereto.
(c) After the completion of the installation of the Owner Services in accordance
with the Subdivision Agreement, the Director of Public Works may give to the Owner a
Certificate of Completion of the Owner Service pursuant to the Subdivision Agreement.
6.4 Return of Financial Security
Forthwith after the Owner is given the Certificate of Acceptance of the Owner
Services and provided no outstanding claims remain by the Municipality against the Owner
under or arising out of either this Agreement or the Subdivision Agreement, the
Municipality shall return the Financial Security to the Owner.
6.5 Owner's Cost
(a) Forthwith after the Owner is given the Certificate of Acceptance of the Owner
Services, the Owner shall deliver to the Municipality the final statement of the Reasonable
Cost incurred by the Owner for installing the Owner Services. Said Reasonable Cost shall
include the final cost of installing the Owner Services, as verified by the Owner's Engineer,
consulting fees, inspection fees of the Owner's Engineer, insurance costs, Financial Security
costs and any other reasonable costs, as determined by the Director of Public Works, for
installing the Owner Services. The Owner shall, if so requested by the Municipality, permit
the Municipality, its employees and agents, access to its books and records for the purpose
of satisfying itself as to the reasonableness of such costs.
(b) From time to time during the installation of an Owner Service, the
Municipality may request and the Owner shall supply an interim statement of the
Reasonable Cost incurred to date as well as the estimated cost to complete the installation
of the balance of the Owner Services.
(c) Upon the receipt and approval of the final Reasonable Cost, the Director of
Public Works shall determine the Final Cost-Owner Services and the Net Capital Cost of
the Owner Services and shall notify in writing the Owner of same.
Front-Ending Agreement
Page 13
(d) If any grants, subsidies or other contributions are received from other
government agencies for the Owner Services which do not comprise part of the Net Capital
Cost of the Owner Services, the Municipality shall refund same to the Owner.
(e) The Owner shall hold back from any person supplying services or materials
respecting the installation of the Owner Services, such amounts as a person is required to
hold back under the Construction Lien Act, for such time periods as would be required to
be held back pursuant to such Act. Following the expiry of the period the Holdbacks are
required to be held pursuant to the Construction Lien Act (the "Holdbacks"), such
Holdbacks may be released to the person supplying the services or materials with respect
to which any such Holdbacks relate.
(f) The Municipality shall use the Reasonable Cost to the Owner of installing the
Owner Services in calculating the portion of the Front-End Payments (Recoverable) to be
made by each Benefiting Owner with respect to the Services in this Agreement for which
a Development Charge is payable.
ARTICLE 7 - RECOVERY OF FRONT-END PAYMENTS (RECOVERABLE)
7.1 Schedule "J" identifies all Benefiting Owners who own land within the
Benefiting Area and sets out the legal description of their lands within the Benefiting Area.
7.2 The plans contained in Schedule "B" shows the location of the lands of the
Benefiting Owners within the Benefiting Area,
7.3 After the installation of the Owner Services is complete and all costs
pertaining thereto have been determined, the Director of Public Works will determine the
final Front-End Payment (Recoverable) for the Services (Recoverable) and Owner's Share
of the Front-End Payment, and will set the same out in Schedule "K", The estimated Front-
End Payment (Recoverable) for the Services (Recoverable) is set out in Schedule "L",
7.4 For the Services (Recoverable), as a condition of an approval granted to a
Benefiting Owner in regard to any development on that portion. of the Benefiting Owner's
land located within a Benefiting Area during the Term, the Municipality shall require such
Benefiting Owner to pay the Benefiting Owner's portion of the Front-End Payment
(Recoverable) for the Services (Recoverable) in accordance with Schedule "K" or Schedule
"L" as is applicable in the circumstance. The estimated amount of each Benefiting Owner's
share of the Front-End Payment (Recoverable) for the Services (Recoverable) is set out in
Schedule "L",
Front-Ending Agreement
Page 14
7.5 The estimate of the payment required to be made by each Benefiting Owner
under Section 7.4 in regard to the Services (Recoverable), which estimate is set forth in
Schedule "L", is subject to adjustment in accordance with the provisions of this Agreement.
7.6 During the Term of this Agreement the payment required to be made by the
Benefiting Owners shall be indexed on the 1st day of April and on the 1st day of October
in each year of the Term in accordance with the Engineering News Record Construction
Cost Indexes for 22 cities as published in the Engineering News Record for the nearest
available six month period, the first of such adjustments to be made on April 1, 1995.
7.7 Subject to Section 7.8(a) and 7.8(b), the Municipality shall place all money
received from or on behalf of a Benefiting Owner pursuant to this Agreement which is to
be paid immediately to the Owner or to the Owner's direction (the "Immediate Payment
Money") in a special account and shall, immediately upon receipt of the money, by
registered mail
(a) notify the Owner that the money is available to be paid out; and
(b) request the Owner to give a direction to the Municipality as to whom the
money is to be paid.
7.8 (a) Notwithstanding Section 7.7, the Owner hereby irrevocably authorizes and
directs the Municipality to pay all money received from or on behalf of a
Benefiting Owner respecting the Services (Recoverable) or anyone or more
of them pursuant to and during the term of this Agreement, to the
Municipality to be held in trust by the Municipality in an interest bearing
account (the "Trust Account") with a bank listed in Schedule I of the Bank
Act and to be disbursed by the Municipality in accordance with this Section
7.8(a). The Municipality shall segregate the money paid to it pursuant to this
Section 7.8(a) and interest which accrues thereon into the components of
principal and interest, one for each of the Services (Recoverable). As soon
as is reasonably practicable after the Owner is given a Certificate of
Completion with respect to a Service (Recoverable), the Municipality shall
pay the component of the Trust Account referable to such Service to the
Owner less any amounts owed to the Municipality under this Agreement
which amounts may be appropriated by the Municipality at any time. As soon
as is reasonably practicable following receipt of a written request from the
Owner, the Treasurer shall give the Owner a written account of the principal
and accrued interest outstanding in the Trust Account. The terms and
Front-Ending Agreement
Page 15
conditions of the Trust Account including the interest accrving and payable
on money deposited in it are in the discretion of the Treasurer, acting
reasonably.
(b) With respect to money which comprises the Immediate Payment Money,
received from or on behalf of Benefiting Owner referable to a particular
Service in respect of which the Owner has been given a Certificate of
Completion the Municipality shall issue the notice and make the request
referred to in Sections 7.7(a) and 7.7(b), respectively. Upon receipt of a
direction from the Owner, the Municipality shall pay to the person named in
the direction the money received by the Municipality.
7.9 If within ninety (90) days of mailing the notice, the Municipality has not
received a direction from the Owner with respect to Immediate Payment Money, the
Municipality may pay the money owing to the party into the Ontario Court (General
Division).
7.10 Upon payment of the money into Court, the Municipality shall immediately
notify the Owner by registered mail sent to the Owner's last known address, that
(a) the money has been paid into Court; and
(b) the Owner must apply to the Court for the release of the money.
7.11 If a party, or a successor or assign thereof, has not applied to the Court under
Section 7.10 within twelve (12) months of the mailing of the notice, the Municipality may
apply to the Court for the release of the money to the Municipality.
7.12 The Municipality is required to reimburse the parties to this Agreement only
if and when the money referred to in Section 7.7 is received from a Benefiting Owner and
only in accordance with Sections 7.8 to 7.11 of this Section.
7.13 The Owner hereby agrees that the Municipality may, in its discretion, release
to a Benefiting Owner copies of any certificates, reports, contracts or other documents and
materials that are in its possession for the purposes of satisfying the Benefiting Owner as
to the Front-End Payment (Recoverable) for the Services (Recoverable).
7.14 (a)
If the estimated Front-End Payment (Recoverable) is less than the final
Front-End Payment (Recoverable), as determined by the Director of Public
Front-Ending Agreement
Page 16
Works in accordance with Section 7.3, and the Benefiting Owner has
previously discharged his or her obligations in accordance with this
Agreement, the Municipality is under no further obligation to collect from the
Benefiting Owner or to withhold approvals from such Benefiting Owner.
(b) If the estimated Front-End Payment (Recoverable) is more than the final
Front-End Payment (Recoverable), as determined by the Director of Public
Works in accordance with Section 7.3, and the Benefiting Owner has
previou~ly discharged its obligations in accordance with this Agreement, the
Municipality is under no further obligation to make a refund to the Benefiting
Owner.
(c) The Owner acknowledges that, acting pursuant to Section 5.27 and Schedule
"P" of the Subdivision Agreement, the Municipality has received either
payments or deposits of security for payments of contributions to oversized
and/ or external services referred to in the Subdivision Agreement from
certain benefiting developers (the "Benefiting Developers"). The Benefiting
Developers made agreements with the Municipality pursuant to Sections 51
and 53 of the Planning Act which contemplate development of their respective
lands involving the connection of certain of the works to be constructed or
installed thereon to one or more of the Services. The areas owned by the
Benefiting Developers who have made subdivision agreements with the
Municipality providing for contributions to the external and/or oversized
stormwater management works provided in the Subdivision Agreement are
shown on the plans contained in Schedule "B". The amounts of the
contributions of such Benefiting Developers are set out in Schedule "F"
together with the registration particulars of the subdivision agreements in
question (the "Contributions").
The Owner acknowledges that the amounts of the Contributions in fact are
less than the amounts that would have been achieved if the Benefiting
Developers' lands had been included within the Benefiting Area and the
Benefiting Developers had qualified as Benefiting Owners under this
Agreement. Nevertheless, for the purpose of determining the amount of the
Front-End Payment (Recoverable) for the Services and the Benefiting
Owners' shares thereof, the Parties agree to deduct from the cost of
installation of the Services for each area owned by a Benefiting Developer an
amount determined on the same basis as the share of the Front-End Payment
(Recoverable) for the Services of the Benefiting Owners. If there is a
Front-Ending Agreement
Page 17
deficiency resulting, the Owner will be solely responsible the.refor. If there is
a surplus resulting, the Municipality may pay the surplus to the Benefiting
Owners in appropriate shares as determined by the Director of Public Works
acting reasonably.
ARTICLE 8 - OBJECTIONS
8.1 Upon the execution and delivery of this Agreement the Municipality shall give
notice of this Agreement to the persons and in the manner prescribed by Section 22 of the
Act.
8.2 The Municipality shall advise the Owner if an Objection is filed by a recipient
of such notice. If an Objection is filed, the Owner acknowledges that the Municipality, in
its sole discretion, may retain legal counsel to appear on behalf of the Municipality at any
hearing held by the Municipal Board in connection with such Objection.
8.3 If the Municipal Board directs that changes be made to this Agreement, the
parties shall enter into an amending agreement or a restatement of this Agreement
incorporating such changes unless either the Owner or the Municipality advises the other
party that the changes are not acceptable, in which event this Agreement shall be at an end.
ARTICLE 9 - INDEMNI1Y AND REIMBURSEMENT
9.1 The Owner shall indemnify and save the Municipality (which for the purposes
of this Section shall include its employees, elected officials, councillors, officers, contractors,
servants and agents) harmless from all costs, actions, suits and liabilities arising from or in
any way connected with
(a) the making of this Agreement and the performance of its duties hereunder by
the Municipality, its employees and agents acting in good faith; or
(b) a breach by the Owner of any of its obligations under this Agreement; or
(c) the development of the Lands or the Services or the installation thereof or
any other work performed pursuant to this Agreement including any
construction liens relating thereto; or
Front-Ending Agreement
Page 18
(d) any disputes arising with respect to the cost of installing the S.ervices including
any disputes by a Benefiting Owner with respect to the amount or calculation
of the payments which it is obliged to make hereunder; or
(e) all claims for property damage or injury, and any consequential damage
arising from such damage or injury, whether such damage or injury is caused
by or attributed to the negligence of the Municipality.
If the Municipality, by virtue of having entered into this Agreement or the carrying out of
any of the, work contemplated hereunder, is made a party to any litigation commenced by
or against the Owner, the Owner shall protect, indemnify and hold the Municipality
harmless in connection with such litigation. The Municipality may, at its option, participate
in any litigation or settlement discussions relating to the foregoing, or any other matter for
which the Owner is required to indemnify the Municipality under this Agreement.
Alternatively, the Municipality may require the Owner to assume carriage of and
responsibility for all or any part of such litigation or discussions.
9.2 ' The Owner shall pay upon demand to the Municipality all costs incurred by
it in connection with any Objection including any and all costs associated with any hearing
before the Municipal Board, such costs to include, without limitation, legal fees and
disbursements, on a solicitor and client basis, and consultants' fees and disbursements. The
Owner acknowledges that payment under this Section is intended to fully reimburse the
Municipality for all such costs.
9.3 If for any reason this Agreement or any provision of this Agreement or any
amendment of or waiver under it is not enforceable (whether by virtue of non-compliance
with the Act or otherwise) against the parties hereto or any Benefiting Owner, the Owner
acknowledges that the Municipality shall have no liability for such enforceability. The
Owner further acknowledges that the Municipality shall not be liable for any expiry, repeal
or amendment of the By-law or the failure to obtain any consents or. approvals for any
amendments to this Agreement and hereby release the Municipality from any such liability.
9.4 The obligation of the Owner under this Article 9 shall survive any termination
or expiry of this Agreement, anything in this Agreement to the contrary notwithstanding.
Front-Ending Agreement
Page 19
ARTICLE 10 - INTEREST ON ARREARS
10.1 If any amounts due from the Owner under this Agreement are not paid when
due, interest shall accrue thereon at the rate of fifteen (15%) percent per annum from the
due date until payment is made.
ARTICLE 11 - TERM
11.1 If no O~jection is filed, the Term of this Agreement during which it shall be
operative shall commence on the date this Agreement is fully executed. If an Objection is
filed, the Term of this Agreement shall commence on the date this Agreement is confirmed
by the Municipal Board or, if changes are directed by the Municipal Board, the date on
which all Parties have executed the amendment to this Agreement giving effect to such
changes. The Term of this Agreement shall expire on the twentieth (20) anniversary of the
date on which the Term commenced. The Parties hereto agree that this Agreement shall
continue in full force and effect despite any expiry or repeal of the By-law or the enactment
or any replacement or amending By-law.
ARTICLE 12 - REGISTRATION OF AGREEMENT
12.1 The Owner and the Mortgagee acknowledge that this Agreement may be
registered by the Municipality, at the expense of the Owner, in the Land Registry Office
against the title to the Retained Lands and any other lands in the Benefiting Area, and
consent to such registration.
12.2 This Agreement shall run with and bind the Retained Lands and any other
lands within the Benefiting Area against the title to which this Agreement is registered.
12.3 It is hereby agreed by and between the parties hereto that upon compliance
with all the provisions of this Agreement by the Owner on the expiry of the Term, the
Municipality will issue to the Owner a certificate adequate for registration consenting to the
removal of this Agreement from title to the Retained Lands.
ARTICLE 13 - FURTHER ASSURANCES
13.1 The Owner and the Mortgagee shall execute such further assurances as may
be required from time to time by the Municipality to give effect to this Agreement.
Front-Ending Agreement
Page 20
ARTICLE 14 - SUCCESSORS AND ASSIGNS
14.1 This Agreement shall bind and benefit the parties hereto and their respective
successors and assigns.
14.2 Despite any assignment of this Agreement by the Owner or any transfer of all
or any part of the Retained Lands, the Owner shall remain liable hereunder as if the Owner
retained title to the Retained Lands.
ARTICLE IS - ACCEPTANCE
15.1 In addition to complying with the provision of the Subdivision Agreement, the
performance by the Owner of its obligations under the terms of this Agreement to the
satisfaction of the Municipality shall be a condition precedent to the issuance of the
Certificate of Acceptance of either the Owner Services or an Owner Service.
ARTICLE 16 - NOTICE
16.1 Any notice, request or certificate given pursuant to or in connection with this
Agreement shall be in writing and shall be conclusively deemed to be given and received
on the third business day next following the day upon which it is mailed in Canada by
prepaid registered post addressed to the person to be notified at the address of such person
set forth below or such other address as may be specified by such person from time to time
by notice to all other parties hereto:
The Corporation of the
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
Attention: Director of Public Works
AND TO:
Schickedanz Bros. Limited
3311 Bayview Avenue
Suite 105
WilIowdale, Ontario M2K lG4
Front-Ending Agreement
Page 21
AND TO:
Royal Bank of Canada
Corporate Banking - Real Estate
20 King Street West
2nd Floor
Toronto, Ontario M5H 1C4
ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT
17.1 The Owner acknowledges and agrees that the Municipality has authority to
enter into this Agreement, that every provision hereof is authorized by the law and is fully
enforceable by the Parties, and that this Agreement is made by the Municipality in reliance
on the acknowledgement and agreement of the Owner as aforesaid.
ARTICLE 18 - INTERPRETATION
18.1 The Schedules attached hereto are incorporated in and form a part of this
Agreement. The Director is hereby authorized to complete Schedule "K" to this Agreement
on behalf of the Parties after the date as of which this Agreement as made provided that
forthwith after doing so the Director shall give written notice thereof to the Owner.
18.2 The headings are inserted for convenience of reference only and shall not
affect the construction or interpretation of this Agreement.
18.4 All references to Sections and subsections unless otherwise specified are to
sections and subsections of this Agreement.
18.5 In this Agreement, unless the context otherwise requires, words importing the
singular include the plural and vice versa and words importing a gender include all genders.
18.6 References herein to any statute or any provision thereof include such statute
or provision thereof as amended, revised, re-enacted and/or consolidated from time to time
and any successor statute thereto.
18.7 If any provision hereof is prohibited or unenforceable, such provision shall be
deemed to be severable and shall not invalidate or render unenforceable'the remainder of
this Agreement.
Front-Ending Agreement
Page 22
18.8 No amendment, supplement, waiver or consent provided for by the provisions
of this Agreement shall be effective unless in writing and signed by the party against whom
enforcement of the amendment, supplement, waiver or consent is sought.
18.9 Time shall be of the essence of this Agreement.
18.10 Nothing herein contained shall create or be deemed to create a joint venture
or partnership between the parties hereto.
18.11 All agreements herein contained, though not expressed to be covenants, shall
be deemed to be covenants.
IN WITNESS WHEREOF the parties have executed this Agreement under seal.
SIGNED, SEALED AND
DELIVERED
In the Presence of:
We have the Authority to
bind the Bank.
The name of The Royal
Bank of Canada was
changed to Royal Bank of
Canada as set out in
Order-in-Council P.c. 1990-
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THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
by: ~//~Ld
Title: Mayor
Name: Dia H mre
SCHICKEDANZ BROS. LIMITED
by: ~~-~~
Title: S~rCL t..,y ~
Name: \<. Sc~:t.\.ec\c.., ~ .
by:
Title:
Name:
Front-Ending Agreement
2221, a copy of which is
attached to instrument
registered as No. 162641 on
the 2nd day of November,
1990, in the Land Registry
Office.
G:\467\ TOWN.NEW\FRONTENDAGR\SCHICK\MANSEWER7
Page 23
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by:r~C A' / C ?'"O/y.-. ;:J. ~~~
Title: -
Name:
SCHEDULE "A"
LEGAL DESCRIPTION OF LANDS
(Registered Plans 10M-800, 10M-829 and 10M-830, the lands subject to
18T-89065 and Schickedanz lands North of the CPR)
Firstly: Part of Parcel 10-1, Section Con. 2 (Bowmanville) being Lots 22 and 24 and Part of
Lots 21 and 23 in Block A according to e.G. Hanning's Plan being a subdivision of Part of
Lot 10 in Concession 2 of the Geographic Township of Darlington, Municipality of
Clarington, Regional Municipality of Durham designated as Part 1 on Plan 10R-3434 save
and except for the la~ds laid out by Plans lOM-829 and 10M-830.
Secondly: All Parcels in Section 10M-829 being all of the lands layout by Plan lOM-829
Municipality of Clarington, Regional Municipality of Durham.
Thirdly: All Parcels in Section 10M-830 being all of the lands layout by Plan lOM-830
Municipality of Clarington, Regional Municipality of Durham.
Fourthly: Parcell-I, Section H-50075, in the Municipality of Clarington in the Regional
Municipality of Durham, formerly in the Town of Bowmanville, in the County of Durham,
being composed of Lots 4, 13, 15, 16, 17, 18, 19, 22, 23, 24 and 25 and Part of Lots 1, 3, 5,
9, 10, 11, 12, 14, 20, 26, 27, 28, 29, 30 and 31 on Plan H-50075 being a subdivision of Part
of Lot 9 in Concession 1 and Part of Lot 9 in Concession 1 being Part of Lot 8, Block 2 of
the Plan of the Geographic Township of Darlington, formerly Bowmanville, and part of the
unnamed streets on Plan H-50075 and stopped up and closed by By-law No. 89-66. of The
Corporation of the Town of Newcastle registered as Instrument No. 152049 designated as
Part 1 on Reference Plan 10R-4076.
Fifthly: All Parcels in Section 10M-800 being all of the land laid out by Plan 10M-BOO,
Municipality of Clarington, Regional Municipality of Durham.
Sixthly: Part of Parcel 10-1, Section Con. 2 (Bowmanville), Part of Lots 4, 5 and 9 and Part
of The Unnamed Lane according to e.G. Hanning's Plan being a subdivision of Part of Lot
10 in Concession 2 of the Geographic Township of Darlington, Municipality of Clarington,
Regional Municipality of Durham designated as Parts 1 and 2 on Plan 10R-3435.
September 29, 1994
File "MANN-STM
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TOTAL OF AREAS ** OWNER'S SHARE * AREA NOT
MAP BENEFITTING OWNER CONTRIBUTING OF AREA BENEFITING NOT INCLUDED IN
AREA TO SERVICES CONTRIBUTING AREA BENEFITING AREA
,
2A SCHICKEDANZ BROTHERS S.760 6.760
2B TOWCHESTER DEV. LTD. 1.380 1.380
2B NEWCASTLE MEADOWS INC. 5.580 5.580
2C EIRAM DEVELOPMENT CORPORATION 1.240 1.240
20 ROBERT AND LAWRENCE CHIZEN 17.380 17.380
2E 835607 ONTARIO INC 1.440 1.440
2F 865742 ONTARIO LTD. (IN TRUST) 2.480 2.480
TOTAl 38.260 8.760 22.680 6.820
* This Area is subject to a rewstered subdivislon agreement which provides for the reimbursement toward the cost of the services, and is
referred to in section 7.14(c) of this agreemenllt is included in the areas contributing to the M.D.P. for the purposes of Schedule "E-S" of this
Agreement.
** The Owner is responsible for Area 2A, which contribute to the services. The amounts of the Front-End Payment allocated to these
Area is $132,215.34.
I .
SCHEDULE "E-I"
LIST OF SERVICES TO BE INSTALLED BY OWNER'
The Services which the Owner will install under this Agreement and the
Subdivision Agreement between the Owner and the Municipality comprise the Mann Street
Storm Sewer Oversizing Works. These Services are described in Appendix "A" and "B" to
the Cost Sharing Report and Back-Up Documentation for the Oversizing of the Mann Street
Storm Sewer from Apple Blossom Boulevard to South of Concession Street in the
Municipality of Clarington dated May, 1994 prepared by Marshall Macklin Monaghan
Limited as finally approved by and on file with the Director of Public Works. These
Services are more particularly described in the Engineering Drawings for these works
prepared by Marshall Macklin Monaghan Limited dated April 7, 1989 as finally approved
by and on file with the Director of Public Works.
SCHEDULE "E-2"
ESTIMATED COST OF INSTALLING SERVICES '
Estimated Installation
Mann Street Storm Sewer Oversizing Works Description Cost of Services
1. Storm Sewer Oversizing Work
Storm Sewer Oversizing Pipe Dia. (mm)
From To From To
inlet M.H.12 900 975 $11,484.00
M.H.12 M.H.23 1050 1200 $40,310.00
M.H. 23 M.H. 28 1050 1200 $51,072.00
M.H.28 M.H.42 1050 1200 $52,989.10
M.H.42 M. H. 53 1350 1800 $42,097.18
M.H.53 M.H.54 1350 1800 $77,292.92
M.H. 54 outfall 1350 1800 $94,986.48
$370,231.68
Engineering @ 10% $37,023.17
$407,254.85
2. Financing Charges
(from Aug. 15, 1990 to July 18, 1994) $162,207.94
3. Administration of Agreement $8,000.00
Total Estimated Costs of Works $577,462.79
SCHEDULE IIE_311
PROPORTION OF COST
OF INSTALLATION OF SERVICES
TO BE PAID BY OWNER
One hundred (100%) percent of Net Capital Cost of Services.
SCHEDULE IE.4"
CAPITAL GRANTS, SUBSIDIES OR OTHER CONTRIBUTIONS
ANTICIPATED FROM OTHER GOVERNMENT AGENCIES
None
SCHEDULE "E-5"
ESTIMATED NET CAPITAL COST
OF INSTALLATION OF SERVICES
Total Estimated Net Capital Cost of
Installation of Services:
$577,462.79
SCHEDULE "E-6"
LIST OF SERVICES IN THE AGREEMENT
FOR WHICH A DEVELOPMENT CHARGE IS PAYABLE
The Services which the Owner will install under this Agreement and the
Subdivision Agreement between the Owner and the Municipality comprise the Mann Street
Storm Sewer Oversizing Works. These Services are described in Appendix "A" and "B" to
the Cost Sharing Report and Back-Up Documentation for the Oversizing of the Mann Street
Storm Sewer from ~pple Blossom Boulevard to South of Concession Street in the
Municipality of Clarington dated May, 1994 prepared by Marshall Macklin Monaghan
Limited as finally approved by and on file with the Director of Public Works. These
Services are more particularly described in the Engineering Drawings for these works
prepared by Marshall Macklin Monaghan Limited dated April 7, 1989 as finally approved
by and on file with the Director of Public Works.
SCHEDULE "E-7"
LIST OF SERVICES IN THE AGREEMENT WHICH
ARE REFERRED TO IN SUBSECTION 3(7) OF THE ACT!
None
SCHEDULE "E-8"
MANNER OF CALCULATION OF PORTION OF
FRONT-END PAYMENT TO BE MADE BY EACH
BENEFITING OWNER RESPECTING SERVICES
Summary
Summary of frontages contributing to the installation of services.
Area
(Shown on plan on Schedule B)
2A
28
28
2C
20
2E
2F
8.76
1.38
5.58
1.24
17,38
1.44
2.48
Total ground Area (ha)
Total Estimated Net Capital Cost of Services
Cost of Services Per Hectare
38.260
$577,462.79
$15,093.12
The estimated Net Capital Cost of the Owner's Services shown on Schedule E-2 is
$577,462.79. The total ground area of the Areas shown on the plans contained in Schedule
"B" which contribute to the cost of the Owner Services is 38.260 ha. The Benefiting Area
shown on the plans contained in Schedule "B" is 23.920 ha. The portion of the Front-End
Payment (Recoverable) allocated to each Area within the Benefiting Area is the product
achieved by multiplying the ground area of each such Area in hectares by the amount of
15,093.12. The portion of the Front-End Payment (Recoverable) allocated to each of the
Lands and the Areas shown on the plans contained in Schedule "B" which are not included
in the Benefiting Area is achieved by multiplying the arfea of the Land and such Areas in
hectares respectively by the amount of 15,093.12.
SCHEDULE "e"
LEGAL DESCRIPTION OF RETAINED LANDS
Firstly: Part of Parcel 10-1, Section Con. 2 (Bowmanville) being Lots 22 and 24 and Part of
Lots 21 and 23 in Block A according to e.G. Hanning's Plan being a subdivision of Part of
Lot 10 in Concession 2 of the Geographic Township of Darlington, Municipality of
Clarington, Regional Municipality of Durham designated as Part 1 on Plan lOR-3434 save
and except for the lands laid out by Plans 10M-829 and 10M-830.
Secondly: Lands in Section lOM-829 being Plan 10M-829, Municipality of Clarington,
Regional Municipality" of Durham being the Parcels and Lots set out below:
Parcel
17-3
58-1
62-1
63-1
64-1
65-1
67-1
68-1
75-1
76-1
89-1
90-1
91-1
92-1
93-1
94-1
95-1
96-1
97-1
98-1
100-1
101-1
103-1 to 106-1 inclusive
128-1
133-1 to 139-1 inclusive
143-1
1&1
Part Lot 17 designated as Part 5
on Plan 40R-15528
Lot 58
Lot 62
Lot 63
Lot 64
Lot 65
Lot 67
Lot 68
Lot 75
Lot 76
Lot 89
Lot 90
Lot 91
Lot 92
Lot 93
Lot 94
Lot 95
Lot 96
Lot 97
Lot 98
Lot 100
Lot 101
Lots 103-106 inclusive
Lot 128
Lots 133 to 139 inclusive
Block 143
Schedule "C"
-2-
Thirdly: Lands in Section lOM-830 being Plan lOM-830, Municipality, of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Parcel
1-1 to 7-1 inclusive
9-1
11-1
12-3
13-1
16-3
17-1
19-1
20-1
21-1
22-1
37-1
41-1 to 54-1 inclusive
74-1 to 77-1 inclusive
80-1
82-1 to 92-1 inclusive
95-1
96-1
97-1
Lm
Lots 1 to 7 inclusive
Lot 9
Lot 11
Part Lot 12 designated as Part 9
on Plan 40R-16213
Lot 13
Part Lot 16 designated as Part 17
on Plan 40R-16213
Lot 17
Lot 19
Lot 20
Lot 21
Lot 22
Part Lot 37 designated as Part 1
on Plan 40R-15752
Lots 41 to 54 inclusive
Lots 74 to 77 inclusive
Lot 80
Lots 82 to 92 inclusive
Block 95
Block 96
Block 97
Fourthly: Parcel 1-1, Section H-50075, in the Municipality of Clarington in the Regional
Municipality of Durham, formerly in the Municipality of Clarington, in the County of
Durham, being composed of Lots 4, 13, 15, 16, 17, 18, 19,22,23,24 and 25 and Part of Lots
1,3, 5, 9, 10, 11, 12, 14, 20, 26, 27, 28, 29, 30 and 31 on Plan H-50075 being a subdivision
of Part of Lot 9 in Concession 1 and Part of Lot 9 in Concession 1 being Part of Lot 8,
Block 2 of the Plan of the Geographic Township of Darlington, formerly Bowmanville, and
part of the unnamed streets on Plan H-50075 and stopped up and closed by By-law No. 89-
66 of The Corporation of the Town of Newcastle registered as Instrument No. 152049
designated as Part 1 on Reference Plan lOR-4076.
Schedule "e"
-3-
Fifthly: Parcel 75-1, Section lOM-800 being Block 75, Plan 10M-800 of the .Municipality of
Clarington, Regional Municipality of Durham.
Sixthly: Parcel 78-1, Section 10M-800 being Block 78, Plan 10M-800 of the Municipality of
Clarington, Regional Municipality of Durham.
Seventhly: Part of Parcel 10-1, Section Con. 2 (Bowmanville), Part of Lots 4, 5 and 9 and
Part of The Unnamed Lane according to C.G. Hanning's Plan being a subdivision of Part
of Lot 10 in Concession 2 of the Geographic Township of Darlington, Municipality of
Clarington, Regional Municipality of Durham designated as Parts 1 and 2 on Plan 10R-3435.
SCHEDULE "F"
CONTRIBUTIONS FROM BENEFITING DEVELOPERS
BENEFITING DEVELOPER
~
MAP (ARF..A)
ARF..A (ha)
AMOUNT
COLLECTED
OR SECURED
Newcastle Meadows (Phase 1)
10M-835 2(B)
5.58
$54,678,13
Eiram Development Corporation
18T-89041
$42.741,83
TOTAL
597,418,96
\
\~
SCHEDULE "J"
BENEFITING OWNERS WITHIN THE BENEFITING AREA
AND THE LEGAL DESCRIPTION OF THEIR LANDS
Area 2A
Part of Parcel 10-1, Section Con. 2 (Bowmanville), Part of Lots 4, 5 and 9 and Part of The
Unnamed Lane according to e.G. Hanning's Plan being a subdivision of Part of Lot 10 in
Concession 2 of the Geographic Township of Darlington, Municipality of Clarington,
Regional Municipality of Durham designated as Parts 1 and 2 on Plan 10R-3435.
Registered Owner and adress:
Schickedanz Brothers Ltd.
3311 Bayview Avenue
Suite 105
Willowdale, Ontario M2K IG4
Assessment No.:
Legal Description (Land Titles): Part of Parcel 10-1, Section Con. 2 (Bowmanville), Part
of Lots 4, 5 and 9 and Part of The Unnamed Lane according to e.G. Hanning's Plan being
a subdivision of Part of Lot 10 in Concession 2 of the Geographic Township of Darlington,
Municipality of Clarington, Regional Municipality of Durham designated as Parts 1 and 2
on Plan 10R-3435.
Area 2B
Assessment No: 020-050-03475-??oo
Registered Owner and address: Towchester Developments limited
c/o Valiant Property Management
177 Nonquon Road
20th Floor
Oshawa, Ontario
L1G 3S2
Legal Description (Land Titl~s): Firstly: Remainder of Parcel 11-2, Section Con. 2,
Municipality of Clarington (formerly Town of Bowmanville).
Secondly: Parcel 1-1, Section 10M-835 being Lot 1, Plan 10M-835, Municipality of
Clarington, Regional Municipality of Durham.
Area 2D
Assessment No: 020-060-07000-??oo
Registered Owner and Address: Chizen, Donna (as to 1/5th interest)
Boksman, Sandra (as to a 1/5th interest)
Chizen, Robert Paul (as to a 1/5th interest)
Chizen, Lawrence Stephen (as to a 1/5th interest)
Baines, Carol Thora (as to a 1/5th interest)
902 Gifford Street
Whitby, Ontario
LIN 2S2
Schedule "J"
-2-
Legal Description: Parcel 10-2, Section Con. 2 Bowmanville, Municipality o.f Clarington, in
the Regional Municipality of Durham, being composed of Part of Lot 10 in Concession 2
of the Geographic Township of Darlington, designated as Part 1 on Reference Plan 40R-
14379.
Area 2E
Assessment No: 020-050-03500-??oo
Registered Owner and address: 835607 Ontario Inc.
c/o Ouadrillium Corporation
205-5300 Y onge Street
Willowdale, Ontario
M2N 5R2
Legal Description:
Firstly - (Registty)
Part of Lot 11, Concession 2, geographic Township of Darlington, Municipality of Clarington
in the Regional Municipality of Durham, more particularly described as Parts 1, 2 and 3,
on Plan 10R-3226.
As described in Instrument No. 151275
Secondly - (Land Titles)
Parcel 11-1, Section Concession 2, (Bowmanville) being Part of Lot 11, Concession 2,
geographic Township of Darlington, designated as Parts 1 and 2, on Plan 10R-442, in the
Municipality of Clarington, in the Regional Municipality of Durham.
Subject to an easement in and upon said Part 2 on Plan 10R-442 more particularly set out
in Instruction 5968.
Area 2F
Firstly - Assessment No: 020-060-06100-??oo
Registered Owner and address: 865742 Ontario Inc., in trust
48 Glenthome Drive
Scarborough, Ontario
MIC 3X4
Legal Description (Registry): Part of Lot 4, Block A, e.G. Hannings Plan, being part of Lot
10, Concession 2, designated as Part 4 on Plan 40R-13953, Geographic Township of
Darlington (Town of Bowmanville) Municipality of Clarington, Regional Municipality of
Durham.
Secondly - Assessment No.: 020-060-06200-??oo
Registered owner and address: Marcom Holdings Inc.
c/o 3-505 Ellesmere Road
Scarborough, Ontario
M1R 4E5
Schedule "J"
-3-
Legal Description (Registry): Part of Lot 4 and Part of the Unnamed Lane all in Block A
according to Hanning's Plan of Part Lot 10, Concession 2, Geographic Township of
Darlington, formerly Town of Bowmanville, Municipality of Clarington, Regional
Municipality of Durham, designated as parts 5 to 8 on Plan 40R-13953.
Thirdly - Assessment No.: 020-060-06300-??oo
Registered Owner and address: Payne, David Roger
Payne, Joanne as joint tenants
227 liberty St. North
Bowmanville, Ontario
L1C 2M6
Legal Description (Registry): Part of Lot 4, Block A and Part of an unnamed lane, e.G.
Hanning's Plan of Part of Lot 10, Concession 2, Geographic Township of Darlington,
formerly Town of Bowmanville, Municipality of Clarington, Regional Municipality of
Durham, designated as Part 3 on Plan 40R-13953.
FourthlY - Assessment No.: 020-060-06401-??oo
Registered Owner and address:
Randall and linda Morrish
239 liberty Street North
Bowmanville, Ontario
LIC 2M6
Legal Description (Registry): Part of Lot 4 and Part of the unnamed lane, all in Block A
according to C.G. Hanning's Plan of Part of Lot 10, Concession 2, Geographic Township of
Darlington, formerly Town of Bowmanville, Municipality of Clarington, Regional
Municipality of Durham, designated as part 2 on Plan 40R-13953.
Area 4C
Assessment No.: 020-060-10805-??oo
Registered Owner and address: Marchetti, Emily, In Trust (as to an undivided
Three-Fifths Interest)
Deminico, Anthony, In Trust (as to the remaining
undivided Two-Fifths Interest)
c/o Anne Marie Marchetti
Barristers and Solicitors
12 Karen Ann Crescent
Scarborough, Ontario
M1G 1M3
Legal Description (Land Titles): Parcel Con. 2-9-1, Section Darlington, in the Municipality
of Clarington, in the Regional Municipality of Durham, being composed of part of Lot 9 in
Concession 2 of the Geographic Township of Darlington, designated as Part 1 on Reference
Plan 40R-15339.
Area 4D
Assessment No.: 020-060-17810-0000
Schedule "J"
-4-
Registered Owner and address:
Ontario Land Corporation
Ministry of Government Services management Branch
15th Floor, 77 Bay Street
Toronto, Ontario
MSG 2E5
Legal Description (Land Titles): Remainder of Parcel 8-3, Section Con. 2, Newcastle
(Darlington), in the Municipality of Clarington, in the Regional Municipality of Durham.
Area 4E
Assessment No: 020-060-11300-0000
Registered Owner and address: George Edward Bellman and Jeanne H. Bellman
24 liberty Place
Bowmanville, Ontario
Legal Description (Registry): Part of the north half of Lot 8, Concession 2, lying south of
the Canadian Pacific Railway Right of Way, in the Township of Darlington now within the
limits of the Town of Bowmanville, Municipality of Clarington described as follows:
PREMISING that the Westerly limit of said Lot 8 has a bearing of North 16 degrees West
and relating all bearings herein thereto;
COMMENCING at the point of intersection of a fence running Easterly with the Westerly
limit of said Lot 8 as marked by an iron bar, said iron bar distant Southerly in the last-
mentioned limit thirty-four hundred and thirty-five and three-tenths feet (3435.3') from the
North-Westerly angle of said Lot 8;
TIIENCE North 74 degrees 14 minutes East along the said fence marking the centre line
of said Lot 8 a distance of twelve hundred and ten feet (1210') to an iron bar;
THENCE North 23 degrees 45 minutes West a distance of five hundred and fifty-three and
twenty-two one-hundredths feet (553.22') to an iron bar planted in the Southerly limit of the
Canadian Pacific Railway right-of-way;
THENCE Westerly along the said Southerly limit, being a curve to the left, said curve
having a radius of 1800 feet, a chord of 376.5 feet and a chord bearing of South 70 degrees
19 minutes West, an arc distance of three hundred and seventy-seven and two-tenths feet
(377.2') to an iron bar planted in the line of a fence running Northerly;
THENCE North 22 degrees 17 minutes West continuing along the Southerly limit of said
railway right-of-way and along the said fence a distance of fifty feet (50') to an iron bar;
THENCE Westerly along the Southerly limit of the said railway right-of-way being a curve
to the left, said curve having a chord equivalent of South 51 degrees West 819.3 feet a
distance of eight hundred and twenty-five feet (825') more or less to an iron bar planted at
the point of intersection with the Westerly limit of said Lot 8;
THENCE South 16 degrees East along the Westerly limit of said Lot 8'a distance of two
hundred and forty-eight and sixty-two one-hundredths feet (248.62') more or less to the
POINT OF COMMENCEMENT.
Containing 12.92 acres, more or less.
~
Schedule "J"
-5-
SUBJECf to the easement created by Registered Agreement No. 10785 made between
Charles A Wight and The C.LO. & Western Railway and its lessee canadian Pacific
Railway Company.
As described in Instrument No. N23202.
Area 4F
Assessment No: 020-060-10625-??oo
Registered Owner and address: Fujarczuk, William (70% interest)
Langenberger, Jadwiga (executrix of Langenberger,
Roman Stanislaw 30% interest)
2275A Royal Windsor Drive
Mississauga, Ontario
LSJ lK5
Legal Description (Land Titles): Parcel 2-1, Section H-50077, being composed of Part of
Lots 2, 96, 97 and 98 and part of Lots 4 and 95, Block E on Plan H-50077, being a
subdivision of part of Lot 9 in Concession 2 of the Geographic Township of Darlington,
Municipality of Oarington, Regional Municipality of Durham, designated as Part 3 on
Reference Plan 10R-3976.
Area SA
Part of Parcel 10-1, Section Con. 2 (Bowmanville) being Lots 22 and 24 and Part of Lots
21 and 23 in Block A according to C.G. Hanning's Plan being a subdivision of Part of Lot
10 in Concession 2 of the Geographic Township of Darlington, Municipality of Clarington,
Regional Municipality of Durham designated as Part 1 on Plan 10R-3434 save and except
for the lands laid out by Plans 10M-829 and lOM-830.
Lands in Section 10M-829 being Plan 10M-829, Municipality of Clarington, Regional
Municipality of Durham being the Parcels and Lots set out below:
Registered Owner and address: Schickedanz Brothers Inc.
3311 Bayview Avenue
Suite 105
Willowdale, Ontario M2K IG4
Assessment No.:
Legal Description (Land Titles): Firstly: Part of Parcel 10-1, Section Con. 2 (Bowmanville)
being Lots 22 and 24 and Part of Lots 21 and 23 in Block A according to C.G. Hanning's
Plan being a subdivision of Part of Lot 10 in Concession 2 of the Geographic Township of
Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part
1 on Plan 10R-3434 save and except for the lands laid out by Plans lOM-829 and lOM-830.
Secondly: Lands in Section lOM-829 being Plan 10M-829, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Schedule "J"
Parcel
17-3
58-1
62-1
63-1
64-1
65-1
67-1
68-1
75-1
76-1
89-1
90-1
92-1
93-1
94-1
95-1
96-1
97-1
98-1
100-1
101-1
103-1 to 106-1 inclusive
128-1
133-1 to 139-1 inclusive
143-1
-6-
Lilt
Part Lot 17 designated as Part 5
on Plan 40R-15528
Lot 58
Lot 62
Lot 63
Lot 64
Lot 65
Lot 67
Lot 68
Lot 75
Lot 76
Lot 89
Lot 90
Lot 92
Lot 93
Lot 94
Lot 95
Lot 96
Lot 97
Lot 98
Lot 100
Lot 101
Lots 103-106 inclusive
Lot 128
Lots 133 to 139 inclusive
Block 143
Thirdly: Lands in Section 10M-830 being Plan 10M-830, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Parcel
1-1 to 7-1 inclusive
9-1
11-1
12-3
13-1
16-3
17-1
19-1
20-1
21-1
22-1
37-1
41-1 to 54-1 inclusive
74-1 to 77-1 inclusive
80-1
82-1 to 92-1 inclusive
95-1
96-1
97-1
Lilt
Lots 1 to 7 inclusive
Lot 9
Lot 11
Part Lot 12 designated as Part 9
on Plan 40R-16213
Lot 13
Part Lot 16 designated as Part 17
on Plan 40R-16213
Lot 17
Lot 19
Lot 20
Lot 21
Lot 22
Part Lot 37 designated as Part 1
on Plan 40R-15752
Lots 41 to 54 inclusive
Lots 74 to 77 inclusive
Lot 80
Lots 82 to 92 inclusive
Block 95
Block 96
Block 97
.
Schedule "J"
-7-
Area SB
Assessment No.: 020-060-05200-??oo
Registered Owner and address: McLean, Daniel Neale
McLean, Shirley Ann
175 Liberty Street North
Bowmanville, Ontario
L1C 2M2
Legal Description (Registry): Part of Lots 2 and 3 and Unnamed Lane, Block "A",
according to C.G. Hanning Plan of Part of Lot 10, Concession 2, Geographic Township of
Darlington (former Town of BowmanviUe ) Municipality of Clarington, Regional Municipality
of Durham, now designated as Part 1, Plan 10R-1712.
Area 6C
Assessment No: 020-050-03475-??oo
Registered Owner and address: Towchester Developments limited
c/o Valiant Property Management
177 Nonquon Road
20th Floor
Oshawa, Ontario L1G 3S2
Registered Owner: Towchester Developments limited
Legal Description (Land Titles): Firstly: Remainder of Parcel 11-2, Section Con. 2,
Municipality of Clarington (formerly Town of Bowmanville), being composed of Part of Lot
11, Concession 2, and Part of Lots 14 and 16 according to Hambly Plan (by L.H. Shortt) of
Part of Lot 12, Concession 2, of the Geographic Township of Darlington, designated as Part
Ion Reference Plan 10R-3416, save and except that part of Part 1, Plan 10R-3416 contained
within Plan 10M-835, Municipality of Clarington (formerly Town of Newcastle) in the
Regional Municipality of Durham. Secondly: Parcell-I, Section 10M-835 being Lot 1, Plan
lOM-835, Municipality of Oarington in the Regional Municipality of Durham.
Area 7A
Registered Owner and address: Schickedanz Brothers Inc.
3311 Bayview Avenue
Suite 105
Willowdale, Ontario M2K 1G4
Assessment No.:
Legal Description (Land Titles): Firstly: Parcel 1-1, Section H-50075, in the Municipality
of Claringtonin the Regional Municipality of Durham, formerly in the Town of Bowmanville,
in the County of Durham, being composed of Lots 4, 13, 15, 16, 17, 18, 19, 22, 23, 24 and
25 and Part of Lots 1, 3, 5, 9, 10, 11, 12, 14, 20, 26, 27, 28,29,30 and 31 on Plan H-50075
being a subdivision of Part of Lot 9 in Concession 1 and Part of Lot 9 in Concession 1 being
Part of Lot 8, Block 2 of the Plan of the Geographic Township of Darlington, formerly
Bowmanville, and part of the unnamed streets on Plan H-50075 and stopped up and closed
by By-law No. 89-66 of The Corporation of the Town of Newcastle registered as Instrument
No. 152049 designated as Part 1 on Reference Plan 10R-4076.
.
Schedule "J"
-8-
Secondly: Parcel 75-1, Section tOM-800 being Block 75, Plan lOM-800 of tpe Municipality
of Clarington, Regional Municipality of Durham.
Thirdly: Parcel 78-1, Section 10M-800 being Block 78, Plan 10M-800 of the Municipality
of Clarington, Regional Municipality of Durham.
Area 8A
Assessment No.: 020-060-15500-0000
Registered Owner and address: Penwest Development Corporation limited
Douglas K. McMullen
c/o Fogler Rubinoff
Royal Trust Tower, Toronto-Dominion Centre
P.O. Box 95, Stn. Toronto Dominion
Toronto, Ontario M5K IG8
Legal Description (Land Titles): Parcel 8-1, Section Block 2, (Hanning Plan)
(Bowmanville), in the Municipality of Clarington, in the Regional Municipality of Durham
being composed of part of Lot 9 in Concession 1 of the Geographic Township of Darlington,
also known as part of Lot 8, Block 2, C.G. Hanning Plan and part of Lots 9, 26 and 27 on
Plan H~50075 of the said Geographic Township of Darlington designated as Parts 1,2, 3,
4 and 5 on Reference Plan 40R-14082.
Area 8B
Assessment No.: 020-060-25400-??oo
Registered Owner and address: Ashdale Capital Corporation Ltd.
c/o John R. Grummett
85 West Beaver Creek Road
Unit 2
Richmond Hill, Ontario
UB 1K4
Legal Description (Registry): Part of Town Lots 5, 9, 10, 11 and 12 and all of Town Lots
6, 7 and 8, Plan H-50075 and Part of Lot 9, Concession 1, Geographic Township of
Darlington, formerly Town of Bowmanville, Municipality of Clarington, Regional
Municipality of Durham, designated as Parts 1,2,3 and 4 on Plan lOR-2911.
Area 9B
Assessment No.: 020-060-12010-??oo
Registered Owner and address: Sabina Investments Inc.
100 West Beaver Creek Road
Suite 8
Richmond Hill, Ontario
UB IG5
/I
Schedule "J"
-9-
Legal Description (Land Titles): Parcel A-I, Section Plan 10M-701 (BoWIJ?anville), in the
Municipality of Clarington, Regional Municipality of Durham, formerly in the Town of
Bowmanville, County of Durham, being Blocks A, B, C, D, E, G, H, I and Bowtown Court
(as closed by judges order registered as 70097) according to plan 701 registered in the Land
Registry Office for the Registry Division of Newcastle and Part of Block 3 on the North Side
of King Street according to C.G. Hanning's Plan being a subdivision of Lot 10 in Concession
1 of the original township of Darlington designated as Parts 1, 2, 3 and 4 on a Plan of
Survey of Record in the Land Registry Office, Land Titles Division of Newcastle at
Newcastle as 10R-659.
-
SCHEDULE "K"
CALCULATION OF THE FRONT-END PAYMENT (RECOVERABLE)
FOR THE SERVICES (RECOVERABLE)
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November 10,1994
File "MANN-STM
TOTAL OF AREAS .. OWNER'S SHARE * AREA FRONT -END
MAP BENEATTlNG OWNER CONTRIBUTING OF AREA BENEATlNG NOT INCLUDED IN AMOUNT/(ha) PAYMENT
AREA TO SERVICES CONTRIBUTING AREA BENEFITING AREA ($) (RECOVERABlE)
2A SCHlCKEDANZ BROTHERS 8,760 8,760 $15,003,12
2B TO\\CHESTER DEV. LID, 1,380 1,380 $15,003,12 $20,826,51
2B NE\\CASTLE MEADOWS INC, 5,560 5.580 $15,003,12
2C EIRAM DEVELOPMENT CORPORATION 1,240 1,240 $15,003,12
20 ROBERT AND LAWRENCE CHIZEN 17,300 17,300 $15,003.12 $262,316,43
2E 635007 ONTARIO INC 1.440 1.440 $15,003.12 $21,734,09
2F 665742 ONTARIO LID, (IN TRUST) 2.480 2,460 $15,003,12 $37,430,94
TOTAL 38.260 8.760 22.680 6,620 $342,311.97
* This Area is subject to fl registered subdivision agreement which provides for the reimbursement toward the cost of the services, and is
referred to in section 7, 14(c) of this agreement It is included in the areas contributing to the M,O.P, for the purposes of Schedule "E-6" of this
Agreement,
** The Owner is responsible for Area 2A, which contribute to the services, The amounts of the Front-End Payment allocated to these
Area Is $132,215,34,