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HomeMy WebLinkAbout94-118 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94-118 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 Road Reconstruction 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 Road Reconstruction 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. ,/!/jJl~~u ~ Mayor " . " C\.J (D ..-l r- >- 0') ..l Z c- o w r/) ::J t- UJ ....J u u. u. 0 a: 0 u. ~ Province of .h.. Ontario I- ..-l D_ O W "' <.:> c:::> \ \1, tu- ..-l 'l' 0:: 0 N <Q* e:: " .U-. ........ a:: ,--,\~ 1 <:") '-.'-1 , U.J ::r 0~; ~- :r:: < 0::: <.> :::> c:::: ~:..J ' 0 " lL.. 0- ,r, I- 0:: 0:: C- UJ en <:.:> , New Property Identifiers Executions Additional: See Schedule Additional: See Schedule (8) This Document provides as follows: Document General Form 4 - land Registration Reform Act 7086 (1) Registry 0 land Titles ~ 1(2) Page (3) Property Block Property Identifier(s) SoftDocs" 3,11/ Distributed by Do Process Software Ltd. D 1 of 2 pages Additional: See Schedule D (4) Nature of Document MUNICIPAL BY-LAW (5) Consideration Dollars $ (6) Description Firstly: Parcel 36-2, Section 10M-829 being Part of Lot 36, Plan 10M-829, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan 10R-3994. Secondly: Parcel 36-3, Section 10M-829 being Part of Lot 36, Plan 10M-829, Municipality of Clarington, Regional Municipality of Durham designated as Part 2 on Plan 10R-3994. Thirdly: Parcel 35-2, Section 10M-829 being Part of Lot 35, Plan O 10M-829, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan 10R-3924. (7) This Document o Contains: (a) Redescription (b) Schedule for: New Easement Additional Plan/Sketch 0 Description 0 Parties 0 Other [XI See certified copy of By-law No. 94-118 of The Corporation of the Municipality of Clarington attached. e9) This Document relates to instrument number(s) (10) Party(ies) (Set out Status or Interest) Name(s) Continued on Schedule D ) Signature(s) Date of Signature : Y : M : 0 ~i~ho~;~'~~~~I~~7te , " ..........., ...... ........ ................................................................................................................... , " , " , ,. , " , ,. , ,. , " , " , " , " , " THE..CORPQRATION.OF..THE.MUNICIPALI.TY..OF CLARINGTON, by its solicitor (11) Address for Service 40 Temperance Street, Bowmanville, Ontario, LIC 3A6 (12) Party(ies) (Set out Status or Interest) Name(s) (13) Address for Service (14) Municipal Address of Property styleus corporation SoftDocs" 3,111 TORONTO- CANAaA Signature(s) Date of Signature Y M 0 , ., lIT , , , " .......................:.....................:..........;........... , ,. , , . , . , . , (15) Document Prepared by: Nicholas T. Macos Barrister & Solicitor 130 Adelaide Street West Suite 2500 Toronto, Ontario M5H2M2 I:U Fees and Tax ..l a Registration Fee w r/) ::J w U u: u. o a: f2 Total ,II , Document prepa,ed uSing The Conveyancer, by Do Process Software Ud, SC400H 11/1992 .~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94-118 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 Road Reconstruction 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 Road Reconstruction 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. #d~~~P~ Mayor '- ~ . " ~ ....... " :3 . .. SCHEDULE "1" LEGAL DESCRIPTION OF LANDS Area A Lots 5 and 7, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham. Area B Lot 9, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham. Area C Lot 11, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham. Area D Part of Lots 13, 14 and 16, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham, designated as Parts 4 and 5 on Plan 10R-4068. Area E Part of Lot 13, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham designated as Part 3, Plan 10R-4068. Area F Part of Lot 15, Block A, Plan H--50077, Municipality of Clarington, Regional Municipality of Durham designated as Part 2 on Plan 10R-4068. AreaG Part of Lot 15, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan 10R-4068. Area H Lots 17 and 18, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham. Area I Lots 19 and 20, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham. " ... . ... ~ Province 01 Ontario . Z <'.J 0 to- N C- ...t (:;) Cf;; tJ') I- c::= Vi,:: ,- <=:) 13:: l,u: :::~. 0') > :r- :r -I Z 0 0 W I.) ::r- en u.. ~ j ;:: w CIC. t- O loW en ~ 0 u. ... 0 a: 0 u. Document General SoftDocae3,11jDistribuiMb,DoI+oc..&ftwereLI4, Form 4 - Land Realstratlon Reform Act 7086 (1) Registry IXI Land TItles 0 1(2) Page 1 of j pages (3) Property Block Property Identlfler(s) D ) 1') 4 .}~ ~ \\~J c:: , 'f;~\' t; )."\ <3 \~~ 'rNo ~ ~ \...J .... AddItlona/: See SchedUle o (4) Nature of Document MUNICIPAL BY.LAW , (5) Consideration Dollars $ (6) Description ~ Municipality of Clarington Regional Municipality of Durham as more particularly described in Schedule "1" attached ~LOTS S... '=t, 13w:lCK A I 7~/'J 1-1-50017 New Property Identifiers Additional: ~hedUle 0 executions Additional: See Schedule (7) this Document o Contains: (a) Redescription New Easement Plan/Sketch 0 (b) Schedule for: Additional D IV! Description IX! PartIes Other U!I (8) this Document provides as follows: See certified copy of By-law No. 94-118 of The Corporation of the Municipality of Clarington attached. Continued on Schedule 0 (9) this Document relates to Instrument number(s) (10) Partypes) (Set out Status or Interest) Name(s) Date of Signature Y M 0 THE"CORPORATION"OF"THE,MUNI.GIPALlTY"OF """""""""~,~">u""2:"",~:"""""""",,,,>u,j,,1".7,,,,Jo.l.l,o,1>u CLARlNGTON, by its solicitor Nicholas T. Macos I I I -r--r-r- Signature(s) (11) Address for ServIce 40 Temperance Street, Bowmanville, Ontario, LIC 3A6 (12) Party pes) (Set out Status or Interest) Name(s) .........u..................................................................................................................................... Date of Signature , Y ! M ! 0 ------111 "'"'''''''''''' >u""""'"'''''''''''''' '"'''''''''''''' "" ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, l" '''''''''','''' "1"""" l' "",' '" Signature (s) ................................................................................................................................................ ................................................................................................................................................ (13) Address for Service (14) Municipal Address of Property (15) Document Prepared by: Nicholas T. Macos Banister & Solicitor 130 Adelaide Street West Suite 2500 Toronto, Ontario M5H2M2 ~ Fees and Tax ~ ~ Registration Fee w (/) j w () u. u. o a: 2 Total ell style.. ~ 3.11/ TO"ONTO.CANADA Document prepared uslng The eonv.y_. by Ud. llC40lltI 11/1882 '" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94-118 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 Road Reconstruction 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 Road Reconstruction 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. /Pb~~u~ Mayor .'--- " ~ / ~ Province ~.~ of ~ Ontario ~ ~ >- :..J Z o UJ (/) ::> UJ () u:: u. o a: o u. :r t'- ,-4 C- O) t'- \00- "- W o W,....., ."'~ 0 t...:-~ u_ .....--- ::;, I~ l~"\ .~ 1 ~. ''-J ' \'- 1.J' o o .-t ....... E a:: '.-Ll :r ...... c::: 0:::> U:::O c::::::: p_ o:: t'- Cf) ~ 1- -l ~ 0::: UJ 10 New Property Identifiers Additional: See Schedule Executions Additional: See Schedule (8) This Document provides as follows: See Front-Ending Agreement attached Document General Form 4 - Land Registration Reform Act SoftDoos8 3,11/ Distributed by Do Process Software Ltd. D 7086 (1) Registry 0 (3) Property Identifier(s) Land Titles [XII (2) Page 1 of .( B" pages Block Property Additional: See Schedule o (4) Nature of Document ~ o-n C. E: 0 F FRONT-ENDING AGREEMENT (Section 24 of the Development Charges Act) (5) Consideration Dollars $ (6) Description Firstly: Parcel 36-2, Section 10M-829 being Part of Lot 36, Plan 10M-829, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan 10R-3994. Secondly: Parcel 36-3, Section 10M-829 being Part of Lot 36, Plan 10M-829, Municipality of Clarington, Regional Municipality of Durham designated as Part 2 on Plan 10R-3994. Thirdly: Parcel 35-2, Section 10M-829 being Part of Lot 35, Plan O 10M-829, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan 10R-3924. (7) This Document o Contains: (a) Redescription New Easement 0 Plan/Sketch Additional Parties 0 Other [XI (b) Schedule for: Description . 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. 94-118 referred to in Recital H in the attached agreement was registered on the 4' day of Ap.ell- 1997 as Instrument No. LT'fCJ7:t6i.- The Subdivision Agreement registered on Ju.ly 24,1989 as Instrument No. 153022 was amended by an Amending Agreement registered on the.Z4th 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 0 Signature(s) Date of Signature , ' Y ,M, 0 ..,......,...,~...~......,.?.,'~.,"'~~.,.,.".,""'"1"1997",,1.0.3,,118,,,. ~i~~~las~.r.t~cos+.+ . . ...................................... ,.................. ................. ........................... ............ .................... THE,CORPORATON.OF,TH.E"MUNICIPALITY,.oF,. CLARINGTON by its solicitor (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 J TO-RONTO. CANADA Date of Signature Y M 0 (15) Document Prepared by: Nicholas T. Macos Barrister & Solicitor 130 Adelaide Street West Suite 2500 Toronto, Ontario M5H 2M2 ~ Fees and Tax -l ~ Registration Fee w (/) =:l W () u:: u. o a: f2 Total II Document prepared using The Conveyancer, by Do Process Software Ltd, SC400H 11/1992 . .. .. It 2- FRONT - ENDING AGREEMENT (MANN STREET ROAD RECONSTRUCTION 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 . :3 j ., 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 ............ . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 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........................... 20 ARTICLE 14 - SUCCESSORS AND ASSIGNS ........................ 20 ARTICLE 15 - ACCEPTANCE ..................................... 20 ARTICLE 16 - NOTICE .......................................... 20 4 , ^" 11 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-S" "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 "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 Benefiting Owners' Shares" - ~ , ... 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 "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 tIC" 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; 6 ~ Front-Ending Agreement Page 3 c. The Owner proposes to develop the Retained Lands and has sold the Lands, other than the Retained Lands, for the purpose of development; 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. 94-118 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. 1- Front-Ending Agreement Page 4 (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. (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 "]" 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. (1) "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. i Front-Ending Agreement Page 5 (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. (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. C) . . Front-Ending Agreement Page 6 (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. (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. 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 Ser.vices 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. jD , .. Front-Ending Agreement Page 7 (ll) "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 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.l3, as revised, re- enacted or consolidated from time to time, and any successor statute. (00) "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. (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" hereto, and "Service" means anyone of such Services. (ss) "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. (tt) "Solicitor" means the Solicitor for the Municipality. JJ..- . Front-Ending Agreement Page 8 (uu) "Specifications" means the design guidelines, standards and specifications established by the Director for the installation of Services. (vv) "Subdivision Agreement" means the Subdivision Agreement made between the Owner and The Corporation of the Town of Newcastle on July 18, 1989 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-I", "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 j2- Front-Ending Agreement Page 9 (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 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 ~ J'3 Front-Ending Agreement Page 10 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 ). 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 $68,828.97 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 $68,828.97, 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 .. ;f J. Front-Ending Agreement Page 11 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: (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. jS Front-Ending Agreement Page 12 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 December 31, 1994. (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. j/ Front-Ending Agreement Page 13 (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. (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 "]" 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 Schedule "B" shows the frontage in metres 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". Jl Front-Ending Agreement Page 14 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". 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 most 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 ! ft Front-Ending Agreement Page 15 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 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. Jc; Front-Ending Agreement Page 16 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 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"). i Zt:J Front-Ending Agreement Page 17 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 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 2.t Front-Ending Agreement Page 18 (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 (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 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 zz, ~ Front-Ending Agreement Page 19 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. 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 tenth (10) 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 acknowledges 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 Lands and any other lands in the Benefiting Area, and consents 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. z,~ " Front-Ending Agreement Page 20 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. 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 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 10S Willowdale, Ontario M2K IG4 zf ; Front-Ending Agreement Page 21 AND TO: Royal Bank of Canada Corporate Banking - Real Estate 20 King Street West 2nd Floor Toronto, Ontario M5H 1 C4 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 2~ 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- ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON by: /d~~/J~~/ Title: Mayor Name: Di~ / SCHICKEDANZ BROS. LIMITED by: /1k. - ..-...<<"... ---iZi- Title: .5c'-.... kc.'y Name: \( Sc..\.i~\u.~... J. by: Title: Name: y: Tit : M. J. SHANNON N ame~'OR ACCOUNT MANAGER 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. -z..b Page 23 ) ) ) ) ) ) bY~~ t6.~ Title: Name: fA)/LL/IJH B. CoL,LIE: .r haWl. ~ ~I.~ -10 DI~o( ~ UMflJ-l~ 21 SCHEDULE "A" LEGAL DESCRIPTION OF LANDS (Registered Plans 10M-SOO, 10M-S29 and 10M-S30, 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 lands 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 lOM-830 being all of the lands layout by Plan lOM-830 Municipality of Clarington, Regional Municipality of Durham. Fourthly: Parcel 1-1, 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 lOR-4076. Fifthly: All Parcels in Section lOM-800 being all of the land laid out by Plan 10M-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. d SCHEDULE "B" FRONTAGE OF LANDS IN BENEFITING AREA(S) TABLE 1 COST SHARING MANN STREET ROAD RECONSTRUCTION WORK DESCRIPTION FRONTAGE (M) A. DOROTHY JANE MACDONALD 36.576 B. CLARE EDWARD RUSSELL 20.117 C. WILLIAM JOHN FENNELL 20.117 D. DOUGLAS JAMES FARROW 38.825 E. WESLEY WILLIS JOSEPH FOWLER 20.117 ROSE NELLIE FOWLER F. ALFRED WINSTON SANTIAGO 20.117 ELIZABETH MARION SANTIAGO TOTALS 155.869 FOR DETAILS OF THE COST PER UNEAR METRE OF FRONTAGE I SEE TABLE 2 lClO1l!1COSTSHAR',MANNJIb\TABLE.1.1M<1 er- N u. 33 so H PR VACY f ENeE It-- ~. n CONe. WALKWAY w o < () en 200ItZOOal!50TEE -\ TEMPORAAY H IS V WITH ANCHOR TEE . '" ve B __~ ""- lOO a200 11!50TEE~ v 6. B _.._ '__ . 01 610.375" SAN ci> I 00 % L] OICfl .. 34 35 36 so SD so Hav 37 C]) 3.00rn ~SEJo.ENT~ 43.0-2!50' ~ lEAD~~.!50 ~ lO . .. u u so i! ... :K lit) 0 t . ' 3=' SCHEDULE "C" 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 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 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 !&t 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 . t . ~ Schedule "C" 3.J -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 J&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: Parcell-I, 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 10R-4076. '32 . , 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-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 lOR-3435. Encumbrancer Description of Encumbrance SCHEDULE liD" Owner Lands Affected by Encumbrances Legal Description of Lands Affected by Encumbrances (Not Used) 3~ ~ ~ 34 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 Road Reconstruction Works. These Services are described in Appendix "A" and "B" to the Cost Sharing Report and Back-Up Documentation for the Construction of Mann Street North 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. .. ~ 05 SCHEDULE "E-2" ESTIMATED COST OF INSTALLING SERVICES Estimated Total Installation Cost of Mann Street Road Reconstruction Works Description Works 1. Storm Sewers Estimated Cost.............. $6.506.09 2. Road Preparation and Paving Estimated Cost.............. $37,322.46 3. Curb and Gutter, Sidewalk and Boulevard Sodding Estimated Cost.............. $16,015.98 $59,844.52 Engineering @ 10% $5,984.45 $65,828.97 4. Administration of Agreement Estimated Cost.............. $3,000.00 Total Estimated Costs $68,828.97 .. 1i7 -% 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. .. ~ 31 L SCHEDULE "E-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: $68,828.97 ... - 31 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 Road Reconstruction Works. These Services are described in Appendix "A" and "B" to the Cost Sharing Report and Back-Up Documentation for the Construction of Mann Street North 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. ... 10~ if SCHEDULE "E-7" LIST OF SERVICES IN THE AGREEMENT WHICH ARE REFERRED TO IN SUBSECTION 3(7) OF THE ACT None "'I - it . SCHEDULE "E-S" 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 in Schedule B) A B C o E F G H I 36.576 20.117 20.117 9.790 9.790 9.790 9.787 20.117 20.117 Total Frontage Serviced (metres) Total Estimated Cost of Services Cost of Services Per Metre Frontage 156.201 $68,828.97 $440.64 L.-.... The estimated Net Capital Cost of the Owner's Services shown on Schedule E-2 is $68,828.97. 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 156.201 m. The Benefiting Area shown on the plans contained in Schedule "B" is 117.044 m. The portion of the Front-End Payment (Recoverable) allocated to the lands within the Benefiting Area is the product achieved by multiplying the "Frontage in Metres of Severed Lands" (as defined in Schedule "L") by the Amount of $440.64 indexed in accordance with paragraph 7.6 of this Agreement. The portion of the Front-End Payment (Recoverable) allocated to the lands which are not included in the Benefiting Area and are shown on Schedule "B" is achieved by multiplying the frontage of the lands not included in the Benefiting Area by the Amount of $440.64. .'\ ~ 12- SCHEDULE "F" t CONTRIBUTIONS FROM BENEFITING DEVELOPERS LAND DMSION AMOUNT BENEFITING COMMITI'EE CONSENT COLLECTED DEVELOPER NUMBER MAP (AREA) AREA (ha) FRONTAGE OR SECURED (M) Anthony Roy Baron Corinne Cecile Baron 227-229/91 9.790 $5,945.36 Peter Michael Paschowiak Michelle Anne Paschowiak 227-229/91 9.790 $ 5,945.36 Kenneth Roy Graham Wendy Lynn Graham 227-229/91 9.787 $ 5,943.54 TOTAL $17,834.26 t ~ SCHEDULE "J" BENEFITING OWNERS WITHIN THE BENEFITING AREA AND THE LEGAL DESCRIPTION OF THEIR LANDS Area A Assessment No. 020-060-09200-??oo Registered Owner and Address: Dorothy Jane MacDonald 6 Mann Street Bowmanville, Ontario L1C 2H5 Legal Description (Registry): Lots 5 and 7, Block A, Plan H-5oo77, Municipality of Clarington, Regional Municipality of Durham. Area B Assessment No. 020-060-092910-0000 Registered Owner and Address: Edward Clare Fennell 1248 Oxlow Drive Oakville, Ontario L6H 182 Legal Description (Registry): Lot 9, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham. Area C Assessment No. 020-060-09220-0000 Registered Owner and Address: John William Fennell 1229 Montclair Drive Oakville, Ontario L6H 1Z3 Legal Description (Registry): Lot 11, Block A, Plan H-5oo77, Municipality of Clarington, Regional Municipality of Durham. Area D Assessment No. 020-060-09300-??oo Registered Owner and Address: James Douglas Farrow and Shelley Lynn Farrow 16 Mann Street Bowmanville, Ontario L1C 2H5 .. ~4 $0 Schedule "J" -2- Legal Description (Registry): Part of Lots 13, 14 and 16, Block A, Plan H-50077, Municipality of Oarington, Regional Municipality of Durham, designated as Parts 4 and 5 on Plan 10R-4068. AreaE Firstly - Assessment No.: 020-060-18150-??oo Registered Owner and Address: Clifford Leonard Shaver and Karen Beverly Shaver 17 Mann Street Bowmanville, Ontario L1C 4Rl Legal Description (Land Titles): Parcel 36-2, Section 10M-829 being Part of Lot 36, Plan 10M-829, Municipality of Oarington, Regional Municipality of Durham designated as Part 1 on Reference Plan 10R-3994. Secondly - Assessment No.: 020-060-09305-??oo Registered Owner and address: Anthony Roy Baron and Corinne Cecile Yurkow-Baron 18 Mann Street Bowmanville, Ontario L1C 2H5 Legal Description (Registry): Part of Lot 13, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham designated as Part 3, Plan 10R-4068. Area F Firstly - Assessment No.: 020-060-18151-??oo Registered Owner and Address: Chirstopher Douglas Stones and Elaine Marie Stones 19 Mann Street Bowmanville, Ontario L1C 4L6 Legal Description (Land Titles): Parcel 36-3, Section 10M-829 being Part of Lot 36, Plan 10M-829, Municipality of Clarington, Regional Municipality of Durham designated as Part 2 on Plan 10R-3994. ) . 45 . Schedule "J" -3- Secondly - Assessment No.: 020-060-09310-??oo Registered Owner and Address: Peter Michael Paschkowiak and Michelle Anne Paschkowiak 20 Mann Street Bowmanville, Ontario L3C 2H5 Legal Description (Registry): Part of Lot 15, Block A, Plan H--50077, Municipality of Clarington, Regional Municipality of Durham designated as Part 2 on Plan 10R-4068. Area G Firstly - Assessment No.: - 020-060-18152-0000 Registered Owner and Address: Michael Stephen Marr and Kelly Lynn Marr 21 Mann Street Bowmanville, Ontario L1C 4R3 Legal Description (Land Titles): Parcel 35-2, Section 10M-829 being part of Lot 35, Plan 10M-829, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on 10R-3924. Secondly - Assessment No.: 020-060-09315 Registered Owner and Address: Kenneth Roy Graham and Wendy Lynn Graham 22 Mann Street Bowmanville, Ontario LIe 2H5 Legal Description (Land Registry): Part of Lot 15, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan 10R-4068. AreaH Assessment No. 020-060-09700-0000 Registered Owner and Address: Willis Joseph Wesley Fowler and Nellie Rose Fowler 16 Bradshaw Street Bowmanville, Ontario Legal Description (Registry): Lots 17 and 18, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham. , Schedule "J" -4- Area I Assessment No. 020-060-09800-??oo Registered Owner and Address: Winston Alfred Santiago and Marion Elizabeth Santiago 580 Bradley Drive Whitby, Ontario L1N 6C2 Legal Description (Registry): Lots 19 and 20, Block A, Plan H-5oo77, Municipality of Clarington, Regional Municipality of Durham. ~ # " " , ~r .. . SCHEDULE "K" CALCULATION OF THE FRONT-END PAYMENT (RECOVERABLE) FOR EACH SERVICE (RECOVERABLE) ~~ f;;I;:l ~ 00 f;;I;:l ~ u -< f;;I;:l ::r: ~ 00 ~ ~ f;;I;:l 00 ~ ~ ...:l ~ f;;I;:l CQ ~ f;;I;:l ~ ;2 ...:l ~ 0 ;:.J ~ ~ Cl 0 f;;I;:l Cl U Z Z - ::r: f;;I;:l ~ f;;I;:l ~ - I ~ rJJ ~ ~ Z Z 0 f;;I;:l ~ CQ ~ Cl Cl ~ f;;I;:l ~ - ~ rJJ f;;I;:l ~ MANN STREET ROAD RECONSTRUCTION WORK November 10,1994 File "MANN-AD" TOTAL * FRONTAGE BENEFITING FRONT END FRONT END AREA BENEFITING OWNER FRONTAGE NOT INCLUDED IN AREA PAYMENT PAYMENT (metres) BENEFITING AREA FRONTAGE (RECOVERABLE) (RECOVERABLE) Cmetres\** AMOUNTICmetre) \ C$}*** A DOROTHY, JANE, MACDONALD 36.576 36.576 $440.64 $440.64 B EDWARD, CLARE, FENNELL 20.117 20.117 $440.64 $440.64 C JOHN. WILLIAM, FENNELL 20.117 20.117 $440.64 $440.64 0 D.J. & SHEELY FARROW 9.790 9.790 E A.R. & C.C. BARON 9.790 9.790 F P.M. & MA PASCHOWlAK 9.790 9.790 G KR. & W.L GRAHAM 9.787 9.787 H W.J.W. & N.R. FOWLER 20.117 20.117 $440.64 $440.64 I W.A. & M.E. SANTIAGO 20.117 20.117 $440.64 $440.64 Totals 156.201 39.157 117.044 * These areas have already developed and reimbursement to the owner has been made. Each frontage in metres is to be reduced by the frontage in metres of the portion of such lot retained by the owners after severance for development has occurred (the "Frontage in Metres of Severed Lands") Amount of each Front End Payment (Recoverable) is determined by multiplying the Frontage in Metres of the Severed Lands by the Amount/(metres) ** *** ... ... _"r.'" -. ~ t"- o Document General Form 4 - Land Registration Reform Act (1) Registry !XI (3) Property Identifier(s) SoftDocs" 3.11/ Distributed by Do Process Software Ltd. 7086 D ~ Province of ~ Ontario .. en 'e- f.l") <::) en :r- % o ~ <: Land Titles 0 1(2) Page 1 of 4'1 pages _. Block Property Addillonal: See Schedule 01 .. o "X:. "'-"" o::r loJ"- to- ;;. ,<:C v ;;: i= ClC w V :r- I) ~ < "'~ tr '<~~~. ~ ~~ S ~ (4) Nature of Document FRONT-ENDING AGREEMENT (Section 24 of the Development Charges Act) (5) Consideration ..-I ,.-{ >- ..J Z o UJ (/) => UJ () LL l.L. o Cl: o l.L. Dollars $ :::r- c::::) (6) Description o>f- Municipality of Clarington Regional Municipality of Durham as more particularly described in Schedule "1" attached "" ~ S · 7': Bt..ocx AJ PLAN 1-/. Soorr t"- O') .. New Property Identifiers Additional: See 0 Schedule Executions Additional: See Schedule (7) This Document o Contains: (a) Redescription (b) Schedule for: New Easement 0 Additional Plan/Sketch Description [Xl 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. 94-118 referred to in Recital H in t~e attached agreement was registered on the 4' day of 4'r-.rL 1997 as Instrument No. i-rl ':7 Jt Q b~\..-lo5r2- 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 09) This Document relates to instrument number(s) (10) Party(ies) (Set out Status or Interest) Name(s) ) THE.CORrORAT.oN..oF..THE..MUN.ICIPALITY..oF.. CLARINGTON by its solicitor Date of Signature . Y . M . 0 .................i7.~.........?...~.....~...................1..199..7.....10.3..118.... Nicholas T. Macos .. . Signature(s) . .. .................,............................:.....................:..........:........... . . . . . ., .................................................................... . ., . ., . .. . ., . ., . ., . ., (11) Address for Service 40 Temperance Street, Bowmanville, Ontario, L1C 3A6 '(12) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y . M . 0 . .' ... ... ............. ............. .......... .... .................... .......................................... ..........................................................................1..-.............................'.'1...................1...................... . . . . . ., ...... ............-.....-.. ............. ........ .................-.... .........-. '''1'-' ..... r......... (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 I~ Fees and Tax ..J ~ Registration Fee UJ CIJ :> w () LL l.L. o a: ~ Total .11 style us corporation SoftDocs~ 3.11 I TORONTO- CANADA Document prepared using The Conveyancer, by Do Process Software Ltd. SC400H 11 19.92 z SCHEDULE "1" LEGAL DESCRIPTION OF LANDS Area A Lots 5 and 7, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham. Area B Lot 9, Block A, Plan H -50077, Municipality of Clarington, Regional Municipality of Durham. Area C Lot 11, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham. Area D Part of Lots 13, 14 and 16, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham, designated as Parts 4 and 5 on Plan 10R-4068.. AreaE Part of Lot 13, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham designated as Part 3, Plan 10R-4068. AreaF Part of Lot 15, Block A, Plan H--50077, Municipality of Qarington, Regional Municipality of Durham designated as Part 2 on Plan 10R-4068. Area G Part of Lot 15, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan 10R-4068. AreaH Lots 17 and 18, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham. Area I Lots 19 and 20, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham. ? FRONT -ENDING AGREEMENT (MANN STREET ROAD RECONSTRUCfION WORKS) THIS AGREEMENT made in quintuplicate as of this 18th day of September, 1995. BE1WEEN: THE CORPORATION OF THE MUNICIPALIlY OF CLARINGTON - and - SCHICKEDANZ BROS. LIMITED - and - ROYAL BANK OF CANADA 1 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 ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 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........................... 20 ARTICLE 14 - SUCCESSORS AND ASSIGNS ........................ 20 ARTICLE 15 - ACCEPTANCE ..................................... 20 ARTICLE '16 - NOTICE .......................................... 20 ~ ii ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT 21 ARTICLE 18 - INTERPRETATION 21 SCHEDULES TO AGREEMENT Schedule "A" ilLegal Description of the Lands" Schedule "B" "Plans of Benefiting Area" Schedule "C" ilLegal 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 Servicesll Schedule IE_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 IIE-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 IIG" Not Used Schedule "H" Not Used Schedule "I" Not Used Schedule "J" "Benefiting Owners within Benefiting Area and the Legal Description of their Landsll Schedule "K" IICalculation 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 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 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 "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; Front-Ending Agreement Page 3 C. The Owner proposes to develop the Retained Lands and has sold the Lands, other than the Retained Lands, for the purpose of development; 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. 94-118 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. 199'0, 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. ~ Front-Ending Agreement Page 4 (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. (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. ~ Front-Ending Agreement Page 5 (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. (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. ;0 Front-Ending Agreement Page 6 (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. (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.e. 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. M.4S, 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. Jy Front-Ending Agreement Page 7 (ll) "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 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- enacted or consolidated from time to time, and any successor statute. (00) "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. (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-I" hereto, and "Service" means anyone of such Services. (ss) "Services (Recoverable)" means the Services listed in Schedule "E-I" 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. 1J-- Front-Ending Agreement Page 8 (uu) "Specifications" means the design guidelines, standards and specifications established by the Director for the installation of Services. (vv) "Subdivision Agreement" means the Subdivision Agreement made between the Owner and The Corporation of the Town of Newcastle on July 18, 1989 and registered on July 24, 1989 in the Land Registry Office as Instrument No. 153022, as amended. (ww) "Ter'!1" 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.l1, 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-I", "E-3", "E-6" and "E-7". 2.2 The Parties acknowledge that the Services which are identified on Schedules "E-I" and t~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 f~ Front-Ending Agreement Page 9 (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 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 Morteaee 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 J4 Front-Ending Agreement Page 10 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 ). ARTICLE 5 - SECURIlY 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 $68,828.97 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 $68,828.97, 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 j~ Front-Ending Agreement Page 11 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: (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-I". 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. jk Front-Ending Agreement Page 12 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 December 31, 1994. (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.S 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. J1 Front-Ending Agreement Page 13 (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. (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 Schedule "B" shows the frontage in metres 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". jet Front-Ending Agreement Page 14 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". 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 most 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 Municipalitf 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 j9 Front-Ending Agreement Page 15 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 acqued interest outstanding in the Trust Account. The terms and 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. ~ Front-Ending Agreement Page 16 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 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"). ,.2;'" Front-Ending Agreement Page 17 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 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 ~~ Front-Ending Agreement Page 18 (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 (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 lllJUry, 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 fo'r such enforceability. The Owner further acknowledges that the Municipality shall not be liable for any expiry, repeal 2-'::; Front-Ending Agreement Page 19 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. ARTICLE 10 - INTEREST ON ARREARS 10.1 If any a~ounts 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 tenth (10) 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 acknowledges 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 Lands and any other lands in the Benefiting Area, and consents 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. ;24 Front-Ending Agreement Page 20 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. ARTICLE 14 - SUCCESSORS AND ASSIGNS 14.1 This Agreement shall bind and benefit the parties hereto and their respective successors and assign~. 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 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 ;;5 Front-Ending Agrccmcnt Page 21 AND TO: Royal Bank of Canada Corporate Banking - Real Estate 20 King Street West 2nd Floor Toronto, Ontario M5H 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 :;b 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.e. 1990- ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON by: 1~62~k/ Title: Mayor Name: Di. by: Tit! Na SCHICKEDANZ BROS. LIMITED by: Jf: ~-- -;e. Title: S~c.",,-b.~7' Name: " S \, \ \ ". c ~,c. 4Q,c,,\ 0", a- . 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. Page 23 :J-( /} ') i (), ~~/c p;/ / ,.~ c. --c. -c -<: --" ) ) ) ) ) ) ~ '/ './ // b . ,u!--cl/ t: L~~,~ ide: Name: W,l-Llftk 15. Cot-LIt::. .:r::hc~ ~ ~\~ -to b '^-t:A ~ uH (' g,.( ~ ~ :d SCHEDULE "A" LEGAL DESCRIPTION OF LANDS (Registered Plans IOM-SOO, 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 la~ds laid out by Plans lOM-829 and lOM-830. Secondly: All Parcels in Section 10M-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 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 lOR-4076. Fifthly: All Parcels in Section 10M-800 being all of the land laid out by Plan 10M-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 10R-3435. 2,1 SCHEDULE "B" FRONTAGE OF LANDS IN BENEFITING AREA(S) TABLE 1 COST SHARING MANN STREET ROAD RECONSTRUCTION WORK DESCRIPTION FRONTAGE (M) A. DOROTHY JANE MACDONALD 36.576 B. CLARE EDWARD RUSSELL 20.117 C. WILLIAM JOHN FENNELL 20.117 D. DOUGLAS JAMES FARROW 38.825 E. WESLEY WILLIS JOSEPH FOWLER 20.117 ROSE NELLIE FOWLER F. ALFRED WINSTON SANTIAGO 20.117 ELIZABETH MARION SANTIAGO TOTALS 155.869 FOR DETAILS OF THE COST PER UNEAR METRE OF FRONTAGE, SEE TABLE 2 1lS01acoSTSHAR\MANN-,~o.TABLE_l,1M<1 ~ so u. 1 33 so H PR VACY f ENeE It--. ~' n CONe. WALKWAY w o () co '" < ,eo.teo .. ,."'9(/'10' V88 .Ieora 2001200a1501(E -\ TEMPORAAY H IS V WITH ANCHOR TEE . '" veB~__~ ZOO. 200 11'0 T [[~' v 6. B _u __ _ 0' 62 0.3750 SAN a) 100% OICEl L] l~ I III ~ q ~ I I '* 34 35 36 37 . .. u u SD SO SO ~ :K 0____ ... lit) 0 so C]) 5,OOrn ~E'E.NT~ 45.0-2~' ~ lEAD ~c8.50 ~ lO ~J-- SCHEDULE "C" 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 C.G. Hanning's Plan being a subdivision of Part of Lot lO 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 Se~on 10M-829 being Plan lOM-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 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 91 Lot 92 Lot 93 Lot 94 Lot 9S 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" :3J- -2- Thirdly: Lands in Section 10M-830 being Plan lOM-830, Municipality of Clarington, Regional Municipality of Durham being the Parcels and Lots set out below: Parcel I-I 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 8()"1 82-1 to 92-1 inclusive 95-1 96-1 97-1 !&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: Parcell-I, 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 10R-4076. ?;~ . Schedule "C" -3- Fifthly: Parcel 75-1, Section lOM-800 being Block 75, Plan lOM-800 of the Municipality of Clarington, Regional Municipality of Durham. Sixthly: Parcel 78-1, Section 10M-800 being Block 78, Plan 10M-SOD 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 Concessio.n 2 of the Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Parts 1 and 2 on Plan 10R-3435. ( Encumbrancer Description of Encumbrance SCHEDULE "D" Owner Lands Affected by Encumbrances Legal Description of Lands Affected by Encumbrances (Not Used) yt 3~ 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 Road Reconstruction Works. These Services are described in Appendix "A" and "B" to the Cost Sharing Report and Back-Up Documentation for the Construction of Mann Street North 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. 1}1ese 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. 3& SCHEDULE "E-2" ESTIMATED COST OF INSTALLING SERVICES Estimated Total Installation Cost of Mann Street Road Reconstruction Works Description Works 1. Storm Sewers Estimated Cost.............. $6,506.09 2. Road Preparation and Paving Estimated Cost.............. $37,322.46 3. Curb and Gutter, Sidewalk and Boulevard Sodding Estimated Cost.............. $16,015.98 $59,844.52 Engineering @ 10% $5,984.45 $65,828.97 4. Administration of Agreement Estimated Cost.............. $3,000.00 Total Estimated Costs $68,828.97 37 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. 35' SCHEDULE "E-4" CAPITAL GRANTS. SUBSIDIES OR OTHER CONTRIBUTIONS ANTICIPATED FROM OTHER GOVERNMENT AGENCIES None 39 SCHEDULE "E-5" ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES Total Estimated Net Capital Cost of Installation of Services: $68,828.97 40 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 Road Reconstruction Works. These Services are described in Appendix "A" and "B" to the Cost Sharing Report and Back-Up Documentation for the Construction of Mann Street North 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~ SCHEDULE liE- 7" LIST OF SERVICES IN THE AGREEMENT WHICH . ARE REFERRED TO IN SUBSECTION 3(7) OF THE ACT None 4~ SCHEDULE "E-S" 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 in Schedule B) A B C D E F G H I 36.576 20.117 20.117 9.790 9.790 9.790 9.787 20.117 20.117 Total Frontage Serviced (metres) Total Estimated Cost of Services Cost of Services Per Metre Frontage 156.201 $68,828.97 , $440.64 '--- The estimated Net Capital Cost of the Owner's Services shown on Schedule E-2 is $68,828.97. 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 156.201 m. The Benefiting Area shown on the plans contained in Schedule "B" is 117.044 m. The portion of the Front-End Payment (Recoverable) allocated to the lands within the Benefiting Area is the product achieved by multiplying the "Frontage in Metres of Severed Lands" (as defined in Schedule "L") by the Amount of $440.64 indexed in accordance with paragraph 7.6 of this Agreement. The portion of the Front-End Payment (Recoverable) allocated to the lands which are not included in the Benefiting Area and are shown on Schedule "B" is achieved by multiplying the frontage of the lands not included in the Benefiting Area by the Amount of $440.64. 4~ SCHEDULE "F" " CONTRIBUTIONS FROM BENEFITING DEVELOPERS lAND DIVISION AMOUNT BENEFITING COMMlTIEE CONSENT COLLECTED DEVELOPER NUMBER MAP (AREA) AREA (ha) FRONTAGE OR SECURED (M) Anthony Roy Baron Corinne Cecile Baron 227-229/91 9,790 $5,945.36 Peter Michael Paschowiak Michelle Anne Paschowiak 227-229/91 9.790 $ 5,945.36 Kenneth Roy Graham Wendy Lynn Graham 227-229/91 9.787 $ 5,943.54 TOTAL $17,8.'4.26 44 SCHEDULE "J" BENEFITING OWNERS WITHIN THE BENEFITING AREA AND THE LEGAL DESCRIPTION OF THEIR LANDS Area A Assessment No. 020-060-09200-??oo Registered Owner and Address: Dorothy Jane MacDonald 6 Mann Street Bowmanville, Ontario LlC 2HS Legal Description (Registry): Lots Sand 7, Block A, Plan H-S0077, Municipality of Clarington, Regional Municipality of Durham. Area B Assessment No. 020-060-092910-??oo Registered Owner and Address: Edward Oare Fennell 1248 Oxlow Drive Oakville, Ontario L6H 1S2 Legal Description (Registry): Lot 9, Block A, Plan H-S0077, Municipality of Clarington, Regional Municipality of Durham. Area C Assessment No. 020-060-09220-??oo Registered Owner and Address: John William Fennell 1229 Montclair Drive Oakville, Ontario L6H 1Z3 Legal Description (Registry): Lot 11, Block A, Plan H-S0077, Municipality of Clarington, Regional Municipality of Durham. Area D Assessment No. 020-060-09300-??oo Registered Owner and Address: James Douglas Farrow and Shelley Lynn Farrow 16 Mann Street Bowmanville, Ontario L1C 2HS 45' . Schedule "J" -2- Legal Description (Registry): Part of Lots 13, 14 and 16, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham, designated as Parts 4 and 5 on Plan 10R-4068. Area E Firstly - Assessment No.: 020-060-181SO-0000 Registered Owner and Address: Oifford Leonard Shaver and Karen Beverly Shaver 17 Mann Street Bowmanville, Ontario L1C 4R1 Legal Description (Land Titles): Parcel 36-2, Section 10M-829 being Part of Lot 36, Plan lOM-829, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Reference Plan 10R-3994. Secondly - Assessment No.: 020-06Q-09305-0000 Registered Owner and address: Anthony Roy Baron and Corinne Cecile Yurkow-Baron 18 Mann Street Bowmanville, Ontario L1C 2HS Legal Description (Registry): Part of Lot 13, Block A, Plan H-SOO77, Municipality of Oarington, Regional Municipality of Durham designated as Part 3, Plan 10R-4068. Area F Firstly - Assessment No.: 020-Q60-18151-0000 Registered Owner and Address: Chirstopher Douglas Stones and Elaine Marie Stones 19 Mann Street Bowmanville, Ontario L1C 4L6 Legal Description (Land Titles): Parcel 36-3, Section 10M-829 being Part of Lot 36, Plan 10M-829, Municipality of Oarington, Regional Municipality of Durham designated as Part 2 on Plan 10R-3994. 46 .. Schedule "J" -3- Secandly - Assessment No.: 020-060-09310-??oo Registered Owner and Address: Peter Michael Paschkowiak and Michelle Anne Paschkowiak 20 Mann Street Bowmanville, Ontario L3C 2H5 Legal Descriptian (Registry): Part of Lot 15, Black A, Plan H--50077, Municipality of Clarington, Regional Municipality of Durham designated as Part 2 on Plan 10R-4068. Area G Firstly - Assessment No.: - 020-060-18152-??oo Registered Owner and Address: Michael Stephen Marr and Kelly Lynn Marr 21 Mann Street Bowmanville, Ontario L1C 4R3 ! Legal Description (Land Titles): Parcel 35-2, Sectian 10M-829 being part of Lot 35, Plan 10M-829, Municipality of Oarington, Regional Municipality of Durham designated as Part 1 on 10R-3924. Secondly - Assessment No.: 020-060-09315 Registered Owner and Address: Kenneth Ray Graham and Wendy Lynn Graham 22 Mann Street Bowmanville, Ontario LlC 2H5 Legal Description (Land Registry): Part of Lot 15, Block A, Plan H-50077, Municipality of Oarington, Regional Municipality of Durham designated as Part 1 on Plan 10R-4068. Area H Assessment No. 020-060-09700-??oo Registered Owner and Address: Willis Joseph Wesley Fowler and Nellie Rose Fawler 16 Bradshaw Street Bowmanville, OntariO' Legal Description (Registry): Lots 17 and 18, Black A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham. 4J Schedule "J" -4- Area I Assessment No. 020-060-09800-??oo Registered Owner and Address: Winston Alfred Santiago and Marion Elizabeth Santiago 580 Bradley Drive Whitby, Ontario LIN 6C2 Legal Description (Registry): Lots 19 and 20, Block A, Plan H-50077, Municipality of Clarington, Regional Municipality of Durham. ~ 4t .., SCHEDULE ilK" CALCULATION OF THE FRONT-END PAYMENT (RECOVERABLE) FOR EACH SERVICE (RECOVERABLE) Q-- ~ ~ r.J ~ ....:l !Xl ~ rf) ~ rf) ~ ~ r.J ~ 0 ~ ~ u < ~ ::r: ~ 0 rf) ~ ~ ~ 0:: ~ Z ~ ~ r.J iXl Z r.J ~ c2 ~ ....:l ~ 0 ~ < Q =- 0 0 r.J Q U Z Z - :I: ~ ~ U ~ 0:: - I ~ \rJ ~ ~ Z rf) Z 0 ~ U ~ ~ - !Xl ~ > Q Q 0:: r.J ~ ~ ~ rf) ~ ~ ~ :I: - ~ ~ 0:: rf) r.J 0 ~ MANN STREET ROAD RECONSTRUCTION WORK November to, 1994 File "MANN-RD' TOTAL * FRONTAGE BENEFITING FRONT END FRuNT END AREA BENEFITING OWNER FRONTAGE NOT INCLUDED IN AREA PAYMENT PAYMENT (metres) BENEFITING AREA FRONTAGE (RECOVERABLE) (RECOVERABLE) (metres)*'" AMOUNTf(metre) , ($)*** A DOROTHY, JANE, MACDONALD 36,576 36.576 $440.64 $440,64 B EDWARD, ClARE, FENNELL 20,117 20,117 $440.64 $440,64 C JOHN, WILLIAM, FENNELL 20.117 20,117 $440.64 $440,64 D D,J, & SHEELY FARROW 9.790 9.790 E A,R. & C,C, BARON 9.790 9,790 F P,M. & MA PASCHOWlAK 9.790 9,790 G KR. & W,L GRAHAM 9.787 9,787 H W,J.w. & N,R. FOWlER 20.117 20.117 $440.64 $440,64 I WA & ME SANTIAGO 20.117 20,117 $440.64 $440,64 Totals 156,201 39.157 117.044 * These areas have already developed and reimbursement to the owner has been made. EacH frontage in metres is to be reduced by the frontage in metres of the portion of such lot retained by the owners after severance for development has occurred (the "Frontage in Metres of Severed Lands") Amount of each Front End Payment (Recoverable) is determined by multiplying the Frontage in Metres of the Severed Lands by the Amount/(metres) .. ... .,