HomeMy WebLinkAbout94-120
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 94-120
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 Storm Water
Management Works - Benefiting Area South of CPR
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 Storm
Water Management Works - Benefiting Area South of CPR;
2. THAT this agreement attached hereto as schedule "A" form part
of this By-law.
By-law read a first and second time this 18th day of July, 1994.
By-law read a third time and finally passed this 18th day of
July, 1994.
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MUNICIPAL BY -LAW
(5) Consideration
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(6) Description
Municipality of Clarington, Regional Municipality of
Durham as more particularly set out in Schedule "J"
attached
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(8) This Document provides as follows:
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See Certified Copies of By-law No. 120
(9) This Document relates to Instrument number(s)
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MUNICIPALITY OF CLARINGTON,
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(11) Address
for Service 40 Temperance Street, Bowmanville, Ontario L1C 3A6
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(13) Address
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(14) MUnicipal Address of Property
(15) Document Prepared by:
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SHIBLEY RIGHTON
401 Bay Street, Suite 1600
Toronto, Ontario, M5H 2Z1
Attn: Nicholas Macos
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MUNICIPAL BY-LAW
(5) Consideration
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attached
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MUNICIPALITY OF CLARINGTON,
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for Service 40 Temperance Street, Bowmanville, Ontario LIC 3A6
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(13) Address
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(14) Municipal Address of Property
(15) Document Prepared by:
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401 Bay Street, Suite 1600
Toronto,Ontafio, M5H 2Z1
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See Front-Ending Agreement Attached
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..... .THE.CORPORATION 'OF-THE............
MUNICIPALITY OF CLARINGTON,
. . . . 'BY ITS' SOLICITORS; Shibley' 'Righton' . . . . .
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SHIBLEY RIGHTON
401 Bay Street, Suite 1600
Toronto, Ontario, M5H 2Z1
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By-law Nos. 92-105, By-law No. 93-74 and By-law No. 94-.Jl5 referred to in Recital E in
the attached Agreement have been registered on the 1& day of September, 1994 as
Instrument No. D 4ltDa ~~
By-law No. 94-116 referred to in Recital H of the attached Agreement was registered
on the /ltI*' day of September, 1994 as Instrument No. /J 4'-1021/ / .
The Subdivision Agreement registered on July 24, 1989 as Instrument No. 153022 was
amended by Amending Agreement registered on the;)4-#'1 day off'fl4{(Cif as Instrument
No. l:f '5~/t;W, 0'" ~ as. ic ~Gi -f.:"Hes lC2;td-s. iCf!;)
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FRONT - ENDING AGREEMENT
(STORMWATER MANAGEMENT WORKS
BENEFITING AREA LOWER WATERSHED OF WEST BRANCH
OF SOPER CREEK SOUTH OF CPR)
THIS AGREEMENT made in quintuplicate as of this 18th day of July, 1994.
BETWEEN:
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
- and -
SCHICKEDANZ BROS. LIMITED
- and -
ROYAL BANK OF CANADA
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TABLE OF CONTENTS
ARTICLE 1- DEFINmONS ....................................... 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 Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
6.3 Return of Financial Security .............................. 12
6.4 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 - FURTIIER ASSURANCES.......................... 19
ARTICLE 14 - SUCCESSORS AND ASSIGNS ........... . . . . . . . . . . .. 19
ARTICLE 15 - ACCEPTANCE.................................... 20
ARTICLE 16 - NOTICE......................................... 20
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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-1"
"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"
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Front-Ending Agreement
Page 2
FRONT-ENDING AGREEMENT
THIS AGREEMENT made in quintuplicate as of this 18th day of July, 1994.
BET WEE N:
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
- and -
SCHICKEDANZ BROS. LIMITED
(hereinafter called the "Owner")
OF THE SECOND PART
- and -
ROYAL BANK OF CANADA
(hereinafter called the "Mortgagee")
OF THE THIRD PART
WHEREAS:
A. The Owner was the registered and beneficial owner of the Lands identified
in Schedule "A" which Lands are within the Benefiting Area shown on the plans contained
in Schedule "B" attached hereto. Currently the Owner is the registered and beneficial owner
of the portion of the lands identified in Schedule "C" and referred to in this Agreement as
the "Retained Lands" subject to the rights of the Mortgagee under the Mortgage from the
Owner to the Mortgagee dated June 30, 1993 and registered in the Land Registry Office
as Instrument No. LT646312 (the "Mortgage");
B. The Owner represents that there are no encumbrancers other than the
Mortgagee of the Retained Lands.
C. The Owner proposes to develop the Retained Lands and has sold the Lands,
other than the Retained Lands, for the purpose of development;
D.
The Services are required to enable the Benefiting Area to be developed;
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Front-Ending Agreement
Page 3
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 permission to install the Services described herein,
which the Municipality has agreed to 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. 94-120 passed on the 18th day
of July, 1994.
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of
Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
ARTICLE 1 - DEFINITIONS
(1) In this Agreement,
(a) "Act" means the Development Charges Act, R.S.O. 1990, c.D.9, as revised,
re-enacted or consolidated from time to time, and any successor statute.
(b) "Administrative Costs" means the sums of money and costs referred to in
Sections 4(1) and 4(3), attributed to a Service under Section 4(4).
(c) "Agreement" means this Agreement.
(d) "Authorization to Commence Works" means the written permission signed
by the Director of Public Works given to the Owner or the Owner's
Engineer to commence the construction and installation of the Owner
Services pursuant to the Subdivision Agreement.
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Front-Ending Agreement
Page 4
(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.
(D "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.
(I) "Contributions" has the meaning attributed to it in Section 7.14(c) of this
Agreement.
(m) "Construction Lien Act" means the Construction Lien Act, R.S.O. 1990 c.
C.30, as revised, re-enacted or consolidated from time to time, and any
successor statute.
(n) "Development Charge" has the meaning attributed to it in the Act.
(0) "Director" means the Director of Public Works for the Municipality or such
other person as the Director may designate from time to time.
(P) "Director of Public Works" means the Municipality's Director of Public
Works or his designate.
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Front-Ending Agreement
Page 5
(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) "Hold backs" has the meaning attributed to it in Section 6.4( e) of this
Agreement.
(z) "Immediate Payment Money" has the meaning attributed to it in Section 7.7
of this Agreement.
(aa) "Land Registry Omce" 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".
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Front-Ending Agreement
Page 6
(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.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 as referred to in Section 11 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.
(ll) "Owner's Engineer" means a consulting civil engineer retained by the
Owner who is experienced in performing the duties set out in 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 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
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Front-Ending Agreement
Page 7
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-1" hereto, and "Setvice" 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.
(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.
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Front-Ending Agreement
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(ww) "SMW" means a particular Stormwater Management Works referred to in
Schedules "E-1" and "E-6".
(xx) "Term" has the meaning attributed to it in Section 11 of this Agreement.
(0) "Treasurer" means the Treasurer of the Municipality.
(zz) "Trust Account" has the meaning attributed to it in Section 7.8(a) of this
Agreement.
(aaa) 'Workers' Compensation Act" means the Workers Compensation Act,
R.S.O. 1990, c.W.11, as revised, re-enacted or consolidated from time to
time, and any successor statute.
(2) All other capitalized terms used herein and not otherwise defined shall have
the meanings attributed to them in the Act, as amended from time to time.
ARTICLE 2 - ACKNOWLEDGEMENTS: BASIS OF THE AGREEMENT
2.1 The Owner represents that Recitals A, B, C. D and F are 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-1", "E-6" and "E-7".
2.2 The Parties acknowledge that the Services which are identified on Schedules
"E-1" and "E-6" are required to enable the Benefiting Area to be developed.
2.3 The Parties further acknowledge that under this Agreement:
(a) The Owner shall only be reimbursed by Benefiting Owners in regard to the
Services (Recoverable); and
(b) The Services described in Section 3(7) of the Act are not eligible for
reimbursement hereunder.
2.4 Nothing in this Agreement shall be deemed to derogate in any way from the
provisions of (1) the Subdivision Agreement, (2) an Agreement between the Owner and the
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Front-Ending Agreement
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Municipality made as of August 10, 1993, and (3) an Agreement between the Owner and
the Municipality and Don Sherk Construction Limited also made as of August 10, 1993.
2.5 Postponement of 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 cost of
the registration of this Agreement against the title of the Owner to the Lands and the title
of the Benefiting Owners' to their respective lands.
4.2 In addition, the Owner shall pay to the Municipality within thirty (30) days
of the delivery of the invoice therefor all other reasonable costs incurred by the Municipality
of administering this Agreement, including the cost of consultants and studies required by
the Director of Public Works in preparation of this Agreement.
4.3 The Municipality agrees that amounts paid by the Owner under Sections 4(1)
and 4(2) are to be included in calculating the Front-End Payment (Recoverable) for the
Services (Recoverable).
ARTICLE S - SECURITY FOR OWNER'S OBLIGATIONS AND COVENANTS
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Front-Ending Agreement
Page 10
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 $1,075,642.72 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 $1,075,642.72, provided that the Owner shall
maintain the aforesaid Letter of Credit in good standing until the Owner is
entitled to its release under the provisions of the Subdivision Agreement.
5.2 The Municipality shall be entitled to draw upon the Financial Security if it is
not renewed or replaced with another Financial Security at least thirty (30) days prior to its
expiry and all monies received by the Municipality shall be used to secure the due
performance of each of the Owner's obligations and covenants herein contained.
5.3 If the Director of Public Work, at any time and from time to time, determines
that the actual cost of installing a Service may exceed the Estimated Installation Cost in
regard to the Services, or after an objection is made to the Agreement, it may notify the
Owner of the new estimate (the "Revised Estimate") and the Owner shall deliver to the
Municipality, within thirty (30) days of receipt of such notice, an additional or a replacement
Financial Security such that the total amount of the Financial Security held by the
Municipality is then equal to one hundred percent (100%) of the "Revised Estimate" less
the amount of any reduction in the Financial Security which the Municipality may have
permitted under the terms of the Subdivision Agreement.
5.4 If, at any time, the Owner is in default of its obligations and covenants under
the terms of this Agreement, the Municipality shall be entitled, but not obligated, to:
(a) satisfy any outstanding obligations of the Owner under this Agreement; and/or
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Front-Ending Agreement
Page 11
(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 liE-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.
6.2 Completion Dates
( a) The Owner agrees that the completion dates for installation of the Owner
Services are the following:
(1) SMW from CPR Tracks to Concession Street:
September 15, 1994 or such later date as may be approved by the
Director of Public Works.
(2) SMW from Concession Street to Soper Creek:
September 15, 1994 or such later date as may be approved by the
Director of Public Works.
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Front-Ending Agreement
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(b) If the Owner defaults in the installation of any 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) Mer the completion of the installation of any 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.
6.3 Return of Financial Security
Forthwith after the Owner is given a Certificate of Acceptance of the Owner
Services and provided no outstanding claims remain by the Municipality against the Owner
under or arising out of this Agreement and the Owner is entitled to the return of the Letter
of Credit referred to in Section 5.1(2) under the provisions of the Subdivision Agreement,
the Municipality shall return the Letter of Credit to the Owner.
6.4 Owner's Cost
(a) Forthwith after the Owner is given a Certificate of Acceptance for the Owner
Services, the Owner shall deliver to the Director of Public Works the final statement of the
Reasonable Cost incurred by the Owner for installing the Owner Services for his
consideration and, if appropriate, his approval. 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, for installing the Owner Services.
The Owner shall, if so requested by the Director, permit the Municipality, its employees and
agents, access to its books and records for the purpose of satisfying itself as to the
reasonableness of such costs.
(b) From time to time during the installation of the Owner Services, 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.
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Front-Ending Agreement
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(c) Upon the receipt and approval by the Director of Public Works of the final
Reasonable Cost, the Director 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 ~hich 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 the
installation of 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 The plans contained in Schedule "B" show the location of the lands of the
Benefiting Owners within the Benefiting Area.
7.3 After the installation of the Owner Services is complete and all costs
pertaining thereto have been determined, the Director of Public Works will determine the
final Front-End Payment (Recoverable) for the Services (Recoverable) and Owner's Share
of the Front-End Payment, and will set the same out in Schedule "K". The estimated Front-
End Payment (Recoverable) for the Services (Recoverable) is set out in Schedule "L".
7.4 For the Services (Recoverable), as a condition of an approval granted to a
Benefiting Owner in regard to any development on that portion of the Benefiting Owner's
land located within a Benefiting Area during the Term, the Municipality shall require such
Benefiting Owner to pay the Benefiting Owner's portion of the Front-End Payment
'.
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(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 recent
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) Of anyone or more
of them pursuant to and during the term of this Agreement, to the
Municipality to be held in trust by the Municipality in an interest bearing
account (the "Trust Account") with a bank listed in Schedule I of the Bank
Act and to be disbursed by the Municipality in accordance with this Section
7.8(a). The Municipality shall segregate the money paid to it pursuant to this
Section 7.8(a) and interest which accrues thereon into the components of
principal and interest, one for each of the Services (Recoverable). As soon
as is reasonably practicable after the Owner is given a Certificate of
Completion with respect to a Service (Recoverable), the Municipality shall
pay the component of the Trust Account referable to such Service to the
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Front-Ending Agreement
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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.
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 M~nicipality may, in its discretion, release
to a Benefiting Owner copies of any certificates, reports, contracts or other documents and
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Page 16
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 liB". The amounts
of the contributions of such Benefiting Developers are set out in Schedule "F"
together with, where available, the registration particulars of the subdivision
agreements in question (the "Contributions").
The Owner acknowledges that the amounts of the Contributions in fact are
less than the amounts that would have been achieved if the Benefiting
Developers' lands had been included within the Benefiting Area and the
Benefiting Developers had qualified as Benefiting Owners under this
Agreement and the benefiting area under a Front-ending Agreement of even
"
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Front-Ending Agreement
Page 17
date between the Owner and the Municipality respecting the stormwater
management works for the benefiting area located within the Lower
Watersheds of West Branch of Soper Creek. 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 Owner Services which are
or will be available to the Benefiting Owners under this Agreement and under
the aforesaid Front-ending Agreement respecting the stormwater management
works for the benefiting area located within the Lower Watershed of the West
Branch of Soper Creek. 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
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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 otheIWise) 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
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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 expity 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 twentieth (20) anniversary of the
date on which the Term commenced. The Parties hereto agree that this Agreement shall
continue in full force and effect despite any expity or repeal of the By-law or the enactment
or any replacement or amending By-law.
ARTICLE 12 - REGISTRATION OF AGREEMENT
12.1 The Owner and the Mortgagee acknowledge that this Agreement may be
registered by the Municipality, at the expense of the Owner, in the Land Registry Office
against the title to the Retained Lands and any other lands in the Benefiting Area, and
consent to such registration.
12.2 This Agreement shall run with and bind the Retained Lands and any other
lands within the Benefiting Area against the title to which this Agreement is registered.
12.3 It is hereby agreed by and between the parties hereto that upon compliance
with all the provisions of this Agreement by the Owner on the expity 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.
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Front-Ending Agreement
Page 20
ARTICLE 13 - FURTHER ASSURANCES
13.1 The Owner and the Mortgagee shall execute such further assurances as may
reasonably 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
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Page 21
AND TO:
Schickedanz Bros. Limited
3311 Bayview Avenue
Suite 105
Willowdale, Ontario M2K IG4
AND TO:
Royal Bank of Canada
Corporate Banking - Real Estate
20 King Street West
2nd Floor
Toronto, Ontario M5H IC4
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.
Front-Ending Agreement
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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.
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.
18.12 The Schedules attached to this Agreement form part of this Agreement and
are deemed to be included as part of the text of this Agreement.
IN WITNESS WHEREOF the parties have executed this Agreement under seal.
SIGNED, SEALED AND
DELIVERED
In the Presence of:
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THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
by: /IfJ~Al~AR-/
Title: Mayor
Name: Dian
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Front-Ending Agreement
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-
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.
ROYAL BAN ~ADA
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SCHEDULE "A"
LEGAL DESCRIPTION OF LANDS
(Registered Plans 10M-829 and lOM-830 and the lands subject to 18T-89065)
Firstly: Part of Parcel 10-1, Section Con. 2 (Bowmanville) being Lots 22 and 24 and Part of
Lots 21 and 23 in Block A according to e.G. Hanning's Plan being a subdivision of Part of
Lot 10 in Concession 2 of the Geographic Township of Darlington, Municipality of
Clarington, Regional Municipality of Durham designated as Part 1 on Plan lOR-3434 save
and except for the lands laid out by Plans lOM-829 and 10M-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: 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 10M-800 being all of the land laid out by Plan 10M-800,
Municipality of Clarington, Regional Municipality of Durham.
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TOTAL OF AREAS ** OWNER'S SHARE · AREA NOT
AREA OWNER OR BENEFITING OWNER CONTRIBUTING OF AREA BENEFITING NOT INCLUDED IN
TO SERVICES CONTRIBUTING AREA BENEFITING AREA
(ha\ tha\ tha\ tha\
4A&4H L1ZA DEVELOPMENTS 8.19 8.19
48 WILLOW8ROOKE GARDENS 6.62 6.62
4C MARCHETTI IN TRUST 11.99 11.99
4D MINISTRY OF GOVT. SERVICES 21.49 21.49
4E BELLMAN, GEORGE & JEANNE 0.89 0.89
4F LANGERBERGER, JADWIGA 0.88 0.88
4G DURHAM NON-PROFIT 2.02 2.02
5A SCHICKEDANZ BROTHERS LIMITED 24.37 24.37
5B McLEAN, DANIEL & SHIRLEY 1.25 1.25
6A VELTRI AND SON 1.15 1.15
68 VELTRI AND SON 1.61 1.61
6C TOWCHESTER DEV. LTD. 0.13 0.13
7A SCHICKEDANZ BROTHERS LIMITED 8.28 8.28
8A PENWEST DEVELPOMENT CORP. 6.88 6.88
8B ASHDALE CAPITAL CORP. LTD. 0.87 0.87
9A NOR-ARM DEVELOPMENTS 3.61 3.61
9B SABINA INVESTMENTS INC. 3.92 3.92
10A PENWEST DEVELOPMENT CORP. 7.5 7,5
10B NOR-ARM DEVELOPMENTS 1.46 1.46
Totals 113.11 32.65 48.30 32.16
* These Areas are subject to registered subdivision agreements which provides for the reimbursement toward the cost of the services, and are
referred to in section 7.14(c) of this agreement. They are included In the areas contributing to the M.D.P. for the purposes of Schedule ME-8" of this
Agreement.
** The Owner is responsible for Areas 5A and 7A which contribute to the services. The amounts of the Front-End Payment allocated to these
Areas are $231.751.51 and $78,740.36. respectively for a total of $31 0,491.87.
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AREAS NOT
CONTRIBUTING
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M Mat'dalJ Mac:ldln ~hat\ I
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LEGEND:
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1
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AREAS NOT ,
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AREA 9
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7.1F;'v'
.:'~~:i.
Schedule "B"
36
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LEGEND:
~~~~,
U1~U~\ c-.,~......-..-.,...
AREAS NOT
CONTRISUTING
, ~ TO M,O,p,
AREA 10
]~~f"
, .
3T~
SCHEDULE "C"
LEGAL DESCRIPTION OF RETAINED LANDS
Firstly: Part of Parcel 10-1, Section Con, 2 (BoWffianville) 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 IOR-3434 save
and except for the lands laid out by Plans lOM-829 and lOM-830.
Secondly: Lands in Section lOM-829 being Plan lOM-829, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Parcel
5-3
15-3
17-3
19-3
21-1
58-1
62-1
63-1
64-1
65-1
67-1
68-1
69-1
75-1
76-1
89-1
90-1
92-1
93-1
94-1
95-1
96-1
97-1
98-1
99-1 to 101-1 inclusive
103-1 to 106-1 inclusive
Lot
Part Lot 5 designated as Part 4 on Plan 40R-15397
Part Lot 15 designated as Part 9 on Plan 40R-15297
Part Lot 17 designated as Part 5 on Plan 40R-15528
Part Lot 19 designated as Part 2 on Plan 40R-15528
Lot 21
Lot 58
Lot 62
Lot 63
Lot 64
Lot 65
Lot 67
Lot 68
Lot 69
Lot 75
Lot 76
Lot 89
Lot 90
Lot 92
Lot 93
Lot 94
Lot 95
Lot 96
Lot 97
Lot 98
Lots 99-101 inclusive
Lots 103-106 inclusive
"'
Schedule "C"
114-1
115-3
128-1
133-1 to 139-1 inclusive
143-1
107-1
108-1
3~
-2-
Lot 114
Part Lot 115 designated as Part I on Plan 40R-15655
Lot 128
Lots 133 to 139 inclusive
Block 143
Part Lot 107 designated as Part 1 on Plan 40R-15656
Lot 108
Thirdly: Lands in Section 10M-830 being Plan 10M-830, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Parcel
1-1 to 22-1 inclusive
57-1
66-1
74-1 to 92-1 inclusive
95-1
96-1
97-1
26-3
28-3
27-1
30-1
31-1
32-3
33-1
34-3
36-1 to 56-1 inclusive
Lot
1 to 22 inclusive
Lot 57
Part Lot 66
Lot 74 to Lot 92 inclusive
Block 95
Block 96
Block 97
Part Lot 26 designated as Part 2 on Plan 40R-15626
Part Lot 28 designated as Part 5 on Plan 40R-15626
Lot 27
Lot 30
Part Lot 31
Part Lot 32 designated as Part 7 on Plan 40R-15678
Lot 33
Part Lot 34 designated as Part 11 on Plan 40R-15678
Lots 36 to 56 inclusive
Fourthly: Parcel 1-1, Section H-50075, in the Municipality of Clarington in the Regional
Municipality of Durham, formerly in the Municipality of Clarington, in the County of
Durham, being composed of Lots 4, 13, 15, 16, 17, 18, 19, 22, 23, 24 and 25 and Part of Lots
1,3, 5, 9, 10, 11, 12, 14, 20, 26, 27, 28, 29, 30 and 31 on Plan H-50075 being a subdivision
of Part of Lot 9 in Concession 1 and Part of Lot 9 in Concession 1 being Part of Lot 8,
Block 2 of the Plan of the Geographic Township of Darlington, formerly Bowmanville, and
part of the unnamed streets on Plan H-50075 and stopped up and closed by By-law No, 89-
66 of The Corporation of the Town of Newcastle registered as Instrument No. 152049
designated as Part 1 on Reference Plan lOR-4076,
. '
Schedule "C"
-3-
Fifthly: Parcel 75-1, Section 10M-SOO being Block 75, Plan lOM-800 of the Municipality of
Clarington, Regional Municipality of Durham,
Sixthly: ParceI7S-1, Section 18M-800 being Block 7S, Plan 10M-800 of the Municipality of
Clarington, Regional Municipality of Durham.
39~
40~
j ..'
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 water
quantity detention pond and appurtenances to be located south of the CPR tracks which are
hereby deemed to be of benefit to the Benefiting Area, These Services are described in
Appendix "B" to the Cost Sharing Report and Back-Up Documentation for the
Implementation of the Master Drainage Plan for the West Branch of the Soper Creek 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. The Services
are more particularly described in the Engineering Drawings for these works prepared by
Marshall Macklin Monaghan Limited dated June 3, 1993 as finally approved by and on file
with the Director of Public Works,
~
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Estimated Cost of
Estimated Total Installation of Works Estimated Cost of
Stormwater Management Works Description Installation Cost of for Upper and Lower Installation of Services
Works Watershed For Benefitina Area
1, SMW From CPR Tracks to Apple Blossom Blvd,
Channel from CPR Tracks to Apple Blossom Blvd.
Estimated Cost.............. $185,500,00 $185,500.00
2, SMW From Concession Street to Soper Creek
Contract A: Channelization (1993) $299,412.75 $299,412.75
a) Water Quantity Facilty including Landscape Planting $746,777.92 $746,777.92
b) Water Quality Facilty including Landscape Planting $510,451.06 $510,451.06
Construction Cost for SMW Facility to date $19,000.00 $19,000.00
Estimated Cost.............. $1,575,641.75 $828,863,83 $746,777,92
3. Easements and Miscellaneous
Estimated Cost.............. $294,500.00 $294,500,00
4, Legal Surveying
Estimated Cost......... ..... $47,000,00 $47,000,00
5, Engineering Fees
Estimated Cost.............. $474,335,06 $273,202.50 $201,132.56
6, Legal Fees
Estimated Cost... ........... $83,100,00 $63,100.00
7, Provision of Letters of Credit and Bonding
Estimated Cost.............. $61,371,82 $61,371,82
8. Town Inspection Fees
SMW From CPR Tracks to Apple Blossom Blvd. (2"k) $165,500.00 $3,710.00 $3,710.00
SMW From Concession Street to Soper Creek
Contract A: Channelization (1993) (2.5%) $299,412.75 $7,485.32 $7,485.32
a) Water Quantity Facilty including Landscape Planting (2.5%) $746,777.92 $16,669.45 $16,669.45
b) Water Quality Facilty including Landscape Planting (2.5%) $510,451.08 $12,761.26 $12,761.28
Construction Cost for SMW Facility to date (2.5%) $19,000.00 $475.00 $475.00
Estimated Cost.............. $43,101.04 $24,431,60 $18,669,45
9, Financing Charges (from 1987 to July 18, 1994)
Estimated Cost......... ..... $257,205.03 $148,142,24 $109,062,79
10. Administration of Agreement
Estimated Cost... ...... ..... $30,000.00 $30,000,00
Total Estimated Costs $3,051,754.70 $1,976,111.96 $1,075,642,72
~
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.. ..
SCHEDULE "E-3"
PROPORTION OF COST
OF INSTALLATION OF SERVICES
TO BE PAID BY OWNER
One hundred (100%) percent of the cost of installation of the Services,
43~
. ,
SCHEDULE "E-4"
CAPITAL GRANTS. SUBSIDIES OR OTHER CONTRIBUTIONS
ANTICIPATED FROM OTHER GOVERNMENT AGENCIES
None
~
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Estimated Net
Stormwater Management Works Description Capital Cost
1, SMW From CPR Tracks to Apple Blossom Blvd,
Channel from CPR Tracks to Apple Blossom Blvd.
Estimated Cost.., ...... .....
2, SMW From Concession Street to Soper Creek
Contract A: Channelizatbn (1993)
a) Water Quantity Facilty including Landscape Planting $746,777.92
b) Water Quality Facilty including Landscape Planting
Construction Cost for SMW Facility to date
Estimated Cost.............. $746.777,92
3, Easements and Miscellaneous
Estimated Cost..............
4. legal Surveying
Estimated Cost..............
5, Engineering Fees
Estimated Cost... ...... ..... $201,132,56
6. legal Fees
Estimated Cost..............
7. Provision of letters of Credit and Bonding
Estimated Cost..............
8, Town Inspection Fees
SMW From CPR Tracks to Apple Blossom Blvd. (2"A>) $165,500.00
SMW From Concession Street to Soper Creek
Contract A: Channelization (1993) (2.5%) $299,412.75
a) Water Quantity Facilty including Landscape Planting (2.5%) $746,777.92 $16,669.45
b) Water Quality Facilty including Landscape Planting (2.5%) $510,451.06
Construction Cost for SMW Facility to date (2.5%) $19,000.00
Estimated Cost.............. $18,669,45
9, Financing Charges (from 1987 to July 18, 1994)
Estimated Cost.............. $109,062,79
10, Administration of Agreement
Estimated Cost... ...... .....
Estimated Net Capital Cost of Services $1,075,642,72
-~
4541
,I , \.
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 water
quantity detention pond and appurtenances to be located south of the CPR tracks which are
hereby deemed to be of benefit to the Benefiting Area, These Services are described in
Appendix "B" to the Cost Sharing Report and Back-Up Documentation for the
Implementation of the Master Drainage Plan for the West Branch of the Soper Creek 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, The Services
are more particularly described in the Engineering Drawings for these works prepared by
Marshall Macklin Monaghan Limited dated June 3, 1993 as finally approved by and on file
with the Director of Public Works,
'f(6
. "
SCHEDULE "E-7"
LIST OF SERVICES IN THE AGREEMENT WHICH
ARE REFERRED TO IN SUBSECTION 3(7) OF THE ACT
None
41~
, 4
,
SCHEDULE "E-8"
MANNER OF CALCULATION OF PORTION OF
FRONT-END PAYMENT TO BE MADE BY EACH
BENEFITING OWNER RESPECTING SERVICES
Summary
Summary of Areas contributing to the installation of Services,
Area
(Shown on plans in Schedule B)
4
5
6
7
8
9
10
Hectares
52.08
25.62
2,89
8,28
7,75
7.53
8.96
Total Ground Area 113,11
Total Estimated Net Capital Cost of Services $1.075.642.72
Cost of Services Per Hectare $9.509.70
The estimated Net Capital Cost of the Owner's Services shown on Schedule "E-S" is
$1,07S,642.72. 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 113.11 ha. The
Benefiting Area showing on the plans contained in Schedule "B" is 48.30 ha, The portion
of the Front-End Payment (Recoverable) allocated to each Area within the Benefiting Area
is the product achieved by multiplying the ground area of each such Area in hectares by the
amount of $9,509,70, The portion of the Front-End Payment (Recoverable) allocated to
each of the Lands and the Areas shown on the plans contained in Schedule "B" which are
not included in the Benefiting Area is achieved by multiplying the area of the Land and
such Areas in hectares respectively by the amount of $9,S09,70,
!f'b
\
" .
SCHEDULE "F"
CONTRIBUTIONS FROM BENEFITING OWNERS
AMOUNT
COLLECTED
BENEFITING DEVELOPER PLAN MAP (AREA) AREA (ha) OR SECURED
Newcastle Meadows (Phase 1) 10M -835 2{B) 5.58 $111,600
Northeast Bowmanville 18T-89041 2(e) 124 $85,620
Liza Dev. (includes LD041-
-044/90) 4OM-1688 4(A) & 8,19 $163,860
4(H)
Ashdale Capital Corporation 4OM-1676 4(B) 6.62 $132,400
Durham Non-Profit 4(G) 2,02 $40,400
Veltri - Liberty/Concession 4OM-1680 6(A) 1,15 $23,000
Veltri - High Street 18T -84035 6(B) 1,61 $40,400
Penwest Developments IOM-804 IO(A) 7.50 $146,400
Nor-Arm IOM-837 9(A) 3,61 $74,400
Nor-Arm 10M -838 lO(B) lA6 $28,600
TOTAL 38.98 $846,680
4q~
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.
SCHEDULE "J"
BENEFITING OWNERS WITHIN THE BENEFITING AREA
AND THE LEGAL DESCRIPTION OF THEIR LANDS
Area 4C
Assessment No,: 020-060-10805-0000
Registered Owner and address: Marchetti, Emily, In Trust (as to an undivided
Three-Fifths Interest)
Deminico, Anthony, In Trust (as to the remaining
undivided Two-Fifths Interest)
c/o Anne Marie Marchetti
Barristers and Solicitors
12 Karen Ann Crescent
Scarborough, Ontario
M1G 1M3
Legal Description (Land Titles): Parcel Con, 2-9-1, Section Darlington, in the Municipality
of Clarington, in the Regional Municipality of Durham, being composed of part of Lot 9 in
Concession 2 of the Geographic Township of Darlington, designated as Part 1 on Reference
Plan 40R-15339,
Area 4D
Assessment No.: 020-060-17810-0000
Registered Owner and address: Ontario Land Corporation
Ministry of Government Services management Branch
15th Floor, 77 Bay Street
Toronto, Ontario
M5G 2E5
Legal Descr:.r.tion (Land Titles): Remainder of Parcel 8-3, Section Con. 2, Newcastle
(Darlington), in the Municipality of Clarington, in the Regional Municipality of Durham,
b@iBg that part of Lot g in COI1c@ggion 2 of the original Trn\qaghip of DarliBgton, in the
County of Durham, deEignat@d as Parts I and 2 on a Plan of Surrl-ey of record in the Land
Reghtry Office (no, 10), Land Titles Division of Nev.-castle at Newcastle as lOR 575, sa';e
and eKe8~t the lands now comprising Parcels 8 5, Section Con. 2 (Darlington'" and Parcel
8-4, Section COli, 2 Newcastle (Darlingtont
.. ::Bow 1\01 ~ u-i lle..-
Area 4E
Assessment No: 020-060-11300-0000
Registered Owner and address: George Edward Bellman and Jeanne H, Bellman
24 Liberty Place
Bowmanville, Ontario
Legal Description (Registry): Part of the north half of Lot 8, Concession 2, lying south of
the Canadian Pacific Railway Right of Way, in the Township of Darlington now within the
limits of the said Town of Bowmanville, Municipality of Clarington described as follows:
!iJ~
Schedule "J"
-2-
PREMISING that the Westerly limit of said Lot 8 has a bearing of North 16 degrees West
and relating all bearings herein thereto;
COMMENCING at the point of intersection of a fence running Easterly with the Westerly
limit of said Lot 8 as marked by an iron bar, said iron bar distant Southerly in the last-
mentioned limit thirty-four hundred and thirty-five and three-tenths feet (3435.3') from the
North-Westerly angle of said Lot 8;
THENCE North 74 degrees 14 minutes East along the said fence marking the centre line
of said Lot 8 a distance of twelve hundred and ten feet (1210') to an iron bar;
THENCE North 23 degrees 45 minutes West a distance of five hundred and fifty-three and
twenty-two one-hundredths feet (553.22') to an iron bar planted in the Southerly limit of the
Canadian Pacific Railway right-of-way;
THENCE Westerly along the said Southerly limit, being a curve to the left, said curve
having a radius of 1800 feet, a chord of 376,5 feet and a chord bearing of South 70 degrees
19 minutes West, an arc distance of three hundred and seventy-seven and two-tenths feet
(377.2') to an iron bar planted in the line of a fence running Northerly;
THENCE North 22 degrees 17 minutes West continuing along the Southerly limit of said
railway right-of-way and along the said fence a distance of fifty feet (50') to an iron bar;
THENCE Westerly along the Southerly limit of the said railway right-of-way being a curve
to the left, said curve having a chord equivalent of South 51 degrees West 819.3 feet a
distance of eight hundred and twenty-five feet (825') more or less to an iron bar planted at
the point of intersection with the Westerly limit of said Lot 8;
THENCE South 16 degrees East along the Westerly limit of said Lot 8 a distance of two
hundred and forty-eight and sixty-two one-hundredths feet (248.62') more or less to the
POINT OF COMMENCEMENT.
Containing 12.92 acres, more or less,
SUBJECT to the easement created by Registered Agreement No, 10785 made between
Charles A Wight and The e.L.O, & Western Railway and its lessee Canadian Pacific
Railway Company.
As described in Instrument No, N23202,
Area 4F
Assessment No: 020-060-10625-0000
Registered Owner and address: Fujarczuk, William (70% interest)
Langenberger, Jadwiga (executrix of Langenberger,
Roman Stanislaw 30% interest)
2275A Royal Windsor Drive
Mississauga, Ontario
LSJ 1K5
Legal Description (Land Titles): Parcel 2-1, Section H-50077, being composed of Part of
Lots 2, 96, 97 and 98 and part of Lots 4 and 95, Block E on Plan H-50077, being a
subdivision of part of Lot 9 in Concession 2 of the Geographic Township of Darlington,
Municipality of Clarington, Regional Municipality of Durham, designated as Part 3 on
Reference Plan 10R-3976.
.
. .
Schedule "J"
Area SA
5J~
-3-
Registered Owner and address: Schickedanz Brothers Inc,
3311 Bayview Avenue
Suite 105
Willowdale, Ontario M2K IG4
Assessment No,:
See: L~A-L- ~e::6~It:'TlOt-:l Of'.,) --Pftt}c- 5::2-
Legal Description (Land Titles): Firstly: Part of ree 0 1, SectioR COR. 2 (BO'..'.'fful:IY,,'ilk)
being Lots 22 and 24 and Part of Lots 21 and 23 in Bl6ck A acc6rding to C,G. IIaru:ring's
Plan being a subdivision of Part of Lot 10 in Concession 2 of the Geographie TOY.<flship of
Darlington, Municipality of Clariagton, Regional Munieipality of Durham. desigRated as Part
1 on Plan lOR 3434 sa.,,'c and exeept for thc lands laid out by Plans 19M 829 and 10M 830,
Secondly: Lands in Section 10M-829 being Plan 10M-829, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Parcel
~
154-:3
16 1
17....-3
"t8-t=-
19 J
~
21-1
58-1
62-1
63-1
64-1
65-1
67-1
68-1
69-1
75-1
76-1
89-1
90-1
~
92-1
93-1
94-1
95-1
96-1
97-1
98-1
99-1 to 101-1 inclusive
103-1 to 10'1. inclusive
114-1
1154-.3
128-1 ::!-a9-1.
133-1 to i4@4 inclusive
143-1
j..o 7-.1-
.to'B-j..
Lot
1.tl t 5
p'lLot 15 ~~~-a.ted a.t. ~-t 9 P^ ?lC!l.-\ 4'og-1:52-cr,
Lelia
ft Lot 17 k-;''3n~ ~ -Part '5" O^ '"'"Pl.Clt1 .(oR- .:t55".2~
Lvl 18
Part ut 19 d6Bignat~d atl Palt 2 fin Plan 19R 15528
Lul 20
Lot 21
Lot 58
Lot 62
Lot 63
Lot 64
Lot 65
Lot 67
Lot 68
Lot 69
Lot 75
Lot 76
Lot 89
Lot 90
'1.3t 91
Lot 92
Lot 93
Lot 94
Lot 95
Lot 96
Lot 97
Lot 98
Lots 99-101 inclusive
Lots 103-1O'inclusive
Lot 114
r~rt Lot 115 cles~I\C!W CilA -Par t .i o^ 7~ ~~- JS"6S,9"
Lot 128 :1'3~
Lots 133 to !4(t inclusive
Block 143
pa d: l.o t J. 0 '7 dest~(l a.-leol ~ flu t 1- 0" 40 ~ - 1.5'56
'Lot :10'6
6L
. , '
It' Of
~~c..A 5A:
LE:G)AL D~CRl?T\O~ (LAN~ I\,LE.'S J: ~RSTLY :~R'- 01= ~RC€L
jo- j) 5Ecf(()jJ COt--', 2... (BOWM/H.j\iIL.L~ be.~
Lot.. ~ a^ct pari: of lots ;LJ 3,4, b, 1 allot Cf a^d.. part: of The...
Ur1'laMed.. ~e- ~ J3Loc..k A ac.c.or-cL.~ -to C, <=t' f/II}JNIN~ 's --Pla-1~
be..L"j Cil ~kbd1~ri'5~,,- OJ part of Lot;1O If\ Co'lc.es,swt\.. ~ of +he..
~e.o.:rapl..'c... lOW(\?~f t)~ :::Oar L.:~to" j Loi:s..:21., ;;2::4,:23 aile{ .24
lA nLoc1:. A) -pa.ri: of W~M\S ~le~ Sb-e.e..t) .be..twee'\. "13Lodcs
A al\ ct :B> ass tQfpe..~ kf aAcL cb.5 eeL bj Bj - Lc:u.r ~9 - bl
of T1\e.. Cor-for-ab:ol\......of Tle... TOwf\. O} NevJC.~Stle...l r-e..jL5-tere~
-as r{\'5-trv..Me4\t. j.5;Zo~r) Lob .25, :21, :2.9J 3::L, 3~ 35; 37;
3C( 4i-" 4.:2 J 43" 44, 4S; 4t, 4~ 4'6) 49, 50, 51" 52.,53
al'-Ct 54 Vl -:Block:B) a.(\cl fa~t ~f f1a(\1) S-b-~e..t" OlS
:s-toffe..oL If a^J. close.ol bj ihe saiti13j- Law- <69-61: a /j
ac.cor-ctZj to ?[at\ H- 50017, be.l'j OL. SL<.boUU"lsc...OI\...... of FCilrt
of Lots 1 C?(ld. .to l~ ~llce55~~ ;;< of th~ 0~.5r-apluc
IOW"?~ 05 Y~r-L.:~1:o1'\. a-Ar:A. pa.rt of -tie. s cW:L. Lot 9
~ Co{\c.ess~^ :2 J all c:tes,~(\a:tecl aA 7A-RT i 01'\
~e..1erenc-e.. -P(4 ;01<-3434/ f\JOlA> ~ -th"-. t1U1\l'c..~paG-t~
of C~L~-to<\" ~f\ the- ~~~(\cl t"\~c.f-a.~~ ~~ :J)u.r-~dr\o\.J
SeNe.- Oi\&" exCeft -th~ ~cLs lcLd. ou.-t b~ ~~ Lst.e.r-ect
r:' La",? o~ S ubcL:vts'L.C1\...-. ::tv t'\ - ~;2. 9 a^cL. j.O t1- C:C;30,
.
..
I .
I I &h~dule" J"
5~
-4-
Thirdly: Lands in Section lOM-830 being Plan 10M-830, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Parcel
"
-,
1-1 to 22-1 inclusive
57-1
66-1 if-t
74-1 to inclusive
95-1
96-1
97-1 '
26-3
~
27-1
304
31-1
~
334-3
34-3
~91 t 56 l' 1 ; - \;
3"iJ"-j. to 5>4-.1 l..,elusi~
~-.1.
'88- j.. to Cf:J-j. U\e.lus~~
Area SB
I&1
I to 22 inclusive
Lot 57
Part Lot 66
Lot 74 to Lot iiinclusive
Block 95
Block 96
Block 97
Part Lot 26 designated as Part 2 on Plan 40R-15626
P...~t Lut 2a..Jt:.u:~u...h:.J ~ Fad 5 uu Fld1'1 10R 15~29
Lot V ,
'R:rt Lot 30 cAes ~"a'l:ec:l ~ ~t.. :3 OA -Plan 4crR-.:156 "f 8"" '.
Part Lot 31
PttrL wL 32 dt):'ii~utllt)u It:; Flu l 7 Uu Plu.. .fOR 15678 J
"?art. Lot 33 d.e<S~t\sl.ed.. cu -Part jo 0" -Pl& 4o'K- :1.5,.,8'
Part Lot 34 designated as Part 11 on Plan 40R-15678
1.111: ~ I.. <if.) ;lIdu:.; ~
Lcrls '3!r -60 5"1- \."'c.lM.,~\J04....
Lot s,"
Lots 82) -b:, q;<. ~f\clwsC:ue...
Assessment No.: 020-060-05200-0000
Registered Owner and address: McLean, Daniel Neale
McLean, Shirley Ann
175 Liberty Street North
Bowmanville, Ontario
LIC 2M2
Legal Description (Registry): Part of Lots 2 and 3 and Unnamed Lane, Block "A",
according to e.G. Hanning Plan of Part of Lot 10, Concession 2, Geographic Township of
Darlington (former Town of BowmanvilIe) Municipality of Clarington, Regional Municipality
of Durham, now designated as Part 1, Plan lOR-1712,
Area 6C
..
Assessment No: 020-050-03475-0000
..
Registered Owner and address: Towchester Developments Limited
c/o Valiant Property Management
177 N onquon Road
20th Floor
Oshawa, Ontario
LtG 382
'.
Registered Owner: Towchester Developments Limited
Legal Description (Land Titles): Firstly: Remainder of Parcel 11-2, Section Con, 2,
Municipality of Clarington (formerly Town of Bowmanville), being composed of Part of Lot
11, ConeessioR 2, and Part of Lots 14 and 16 aeeordiHg to Hambly PlaB (by L.Il. Shortt) of
( Part of Lot 12, Concession 2, of the Geographie TO'.vflship of DarliHgtoH, designatec:J as Part
1 on Reference Plan lOR 34 Hi, SRye and except that part of Part 1, Pllm lOR 3416 eOfltaiBcd
~"llithin Plan 10M 835, Municipality of Clarington (formerly Town of Newcastle) in the
Regional Municipality of Durham, Secondly: Parcell-I, Section 10M -835 being Lot 1, Plan
lOM-835, Municipality of Clarington in the Regional Municipality of Durham.
..
,
9T~
. \
. .' ....
Schedule "J"
-5-
Area 7A
Registered Owner and address: SchickedallZ Brothers Inc,
3311 Bayview Avenue
Suite 105
Willowdale, Ontario M2K 1G4
Assessment No.:
Legal Description (Land Titles): Firstly: Parcel 1-1, Section H-50075, in the Municipality
of Claringtonin the Regional Municipality of Durham, formerly in the Town of Bowmanville,
in the County of Durham, being composed of Lots 4, 13, 15, 16, 17, 18, 19, 22, 23, 24 and
25 and Part of Lots 1, 3, 5, 9, 10, 11, 12, 14, 20, 26, 27, 28, 29, 30 and 31 on Plan H-50075
being a subdivision of Part of Lot 9 in Concession 1 and Part of Lot 9 in Concession 1 being
Part of Lot 8, Block 2 ~~~n 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,
Secondly: Parcel 75-1, Section lOM-800 being Block 75, Plan lOM-800 of the Municipality
of Clarington, Regional Municipality of Durham,
Thirdly: Parcel 78-1, Section lOM-800 being Block 78, Plan lOM-800 of the Municipality
of Clarington, Regional Municipality of Durham,
Area SA
Assessment No,: 020-060-15500-0000
Registered Owner and address: Penwest Development Corporation Limited
Douglas K McMullen
c/o Fogler Rubinoff
Royal Trust Tower, Toronto-Dominion Centre
P.O, Box 95, Stn. Toronto Dominion
Toronto, Ontario
M5K IG8
Legal Description (Land Titles): Parcel 8-1, Section Block 2, (Hanning Plan)
(Bowmanville), in the Municipality of Clarington, in the Regional Municipality of Durham
being composed of part of Lot 9 in Concession 1 of the Geographic Township of Darlington,
also known as part of Lot 8, Block 2, C,G, Hanning Plan and part of Lots 9, 26 and 27 on
Plan H-50075 of the said Geographic Township of Darlington designated as Parts 1, 2, 3,
4 and 5 on Reference Plan 40R-14082,
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Schedule "J"
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Area 8B
Assessment No.: 020-060-25400-0000
Registered Owner and address: Ashdale Capital Corporation Ltd,
c/o John R, Grommett
85 West Beaver Creek Road
Unit 2
Richmond Hill, Ontario
UB lK4
Legal Description (Registry): Part of Town Lots 5, 9, 10, 11 and 12 and all of Town Lots
6, 7 and 8, Plan H-50075 and Part of Lot 9, Concession 1, Geographic Township of
Darlington, formerly Town of Bowmanville, Municipality of Clarington, Regional
Municipality of Durham, designated as Parts 1, 2, 3 and 4 on Plan lOR-2911.
Area 9B
Assessment No.: 020-060-12010-0000
Registered Owner and address: Sabina Investments Inc,
100 West Beaver Creek Road
Suite 8
Richmond Hill, Ontario
UB 1G5
Legal Description (Land Titles): Parcel A-I, Section Plan 10-701 (Bowmanville), in the
Municipality of Clarington, Regional Municipality of Durham, formerly in the Town of
Bowmanville, County of Durham, being Blocks A, B, C, D, E, G, H, I and Bowtown Court
(as closed by judges order registered as 70097) according to plan 701 registered in the Land
Registry Office for the Registry Division of Newcastle and Part of Block 3 on the North Side
of King Street according to C,G. Hanning's Plan being a subdivision of Lot 10 in Concession
1 of the original township of Darlington designated as Parts 1, 2, 3 and 4 on a Plan of
Survey of Record in the Land Registry Office, Land Titles Division of Newcastle at
Newcastle as IOR-659, save and except for Part of Blocks A, B and I designated as Part 2,
3 and 4 on Plan lOR-3694,
4 ~. '... ~ ....
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SCHEDULE "K"
CALCULATION OF THE FRONT-END PAYMENT (RECOVERABLE)
FOR THE SERVICES (RECOVERABLE). OWNER'S SHARE
AND BENEFITING OWNERS' SHARES
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TOTAl OF AREAS .. OWNER'S SHARE * AREA NOT FRONT-END
AREA OWNER OR BENEFllING OWNER CONlHlBUlING OF AREA BENEFllING NOT INCLWED IN AMOUNT/(hII) PAYMENT
TO SERVICES CONlHlBUlING AREA BENEFllING AREA (RECOVERABLE)
Itvt \ (ha) (ha) Itvt\ ($) ($)
4A&4H UZA DEVELCf'MENTS 8,19 8,19
48 W1LLOWBROOKE GARDENS 6.62 6.62
4C MARCHETTI IN lRUST 11.99 11.99 9,509.70 114,021.38
4D MINISlRY OF GOVT. SER\I1CES 21,49 21.49 9,509.70 204,363.56
4E BELLMAN, GEORGE & JEANNE 0.89 0.89 9,509.70 8,463.64
4F LANGERBERGER, JADWlGA 0,88 0,88 9,509.70 8,388.54
4G DURHAM NON-PRORT 2,02 2.02
SA SCHICKEDANZ BROTHERS UMITED 24,37 24,37
58 McLEAN, DANIEL & SHIRLEY 1.25 1.25 9,509.70 11,887.13
SA VEL TAl AND SON 1.15 1.15
6B VEL TAl AND SON 1,61 1.61
6C TOWCHESTER DEV, LID, 0,13 0.13 9,509.70 1,238.26
7A SCHICKEDANZ BROTHERS UMITED 8.28 8.28
8A PENWEST DEVELPOMENT CORP. 6.88 6.88 9,509.70 65,426,77
6B ASHJALE CAPITAL CORP. L TO, 0,87 0.87 9,509.70 8,273.44
9A NOR-ARM DEVELOPMENTS 3.61 3.61
9B SABINA INVESTMENTS INC. 3.92 3.92 9,509.70 37,278.04
lOA PENWEST DEVELOPMENT CORP, 7,5 7.5
lOB NOR-ARM DEVELOPMENTS 1.46 1.46
Totals 113.11 32.65 .c8.30 32.16 $459,318.75
. These Areas are stbjectto registered stbdivision agreements which provides for the reirrbursementtow8Id the cost of the services, and are
referred to in section 7.14(c) of this agreement. They are included in the areas contributing to the M.D,P. for the purposes of Schedule "E-6" of this
Agreement.
.. The Owner is responsible for Areas SA and 7A which contribute to the services, The amounts of the Front-Erd Payment allocated to these
Areas are $231 ,751,51 and $78,740.38, respectively for a total of $310,491 ,87,
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Document General
"-orm 4 - Land Registration Reform Act
DYE & DURHAM CO, INC,-Form No. 985
Amended NOV. 1992
(1) Registry f;I
(3) Property
ldentlfler(s)
Land Titles IKJ T (2) Page 1
Block Property
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(4) Nature of Document
FRONT-ENDING AGREEMENT (Section PI of tile Development CbargeI Act)
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(6) Description
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Municipality of Clarington, Regional Municipality of
Durham as more particularly set out in Schedule "J"
attached
New Property Identifiers
Additional:
See 0
Schedule
Executions
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(7) This
Document
Contains:
(a) Redescription
New Easement
PlanlSketch
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(b) Schedule for:
Description 0
Additional
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(8) This Document provides .s follows:
See Front-Ending Agreement Attached
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(10) Pal1y(les) (Set out Status or Interest)
Name(s)
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Signature(s)
Date of Signature
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'.... .THE.CORPORATION OF. THE. ...........
MUNICIPALITY OF CLARINGTON,
. . . , 'BY ITS' SOLICITORS,. Shibley' 'Righton- . . . . .
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(11) Address
for Service 40 Temperance Street, Bowmanvillet Ontario L1C 3A6
(12) Party(les) (Set out Status or Interest)
Name(s) Signature(s)
Date of Signature
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(13) Address
for Service
(14) Municipal Address of Property
not assigned
SHIBLEY RIGHTON
401 Bay Street, Suite 1600
Toronto, Ontario, MSH 2ZI
Attn: Nicholas Macos
ill Fees and Tax
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(15) Document Prepared by:
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By-law Nos, 92-105, By-law No, 93-74 and By-law No, 94-115 referred to in Recit;, 2- in
the attached Agreement have been registered on the 10>J41 day of September, 1l,'94 as
Instrument No, (\ (/1SS~ ( .
By-law No, 94-116 referred to in Recital H of the attached Agreement was registered
on the 1&'" day of September, 1994 as Instrument No. LltRSs'?3D .
The Subdivision Agreement registered on July 24, 1989, ~ Instrument ~ 153022 was
amended by Amending Agreement registered on the J~'t"''day of/'YVl,tCh I as Instrument
No, l15'6foq'J.~ .
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FRONT. ENDING AGREEMENT
(STORMWATER MANAGEMENT WORKS
BENEFITING AREA LOWER WATERSHED OF WEST BRANCH
OF SOPER CREEK SOUTH OF CPR)
THIS AGREEMENT made in quintuplicate as of this 18th day of July, 1994,
BElWEEN:
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
- and -
SCHICKEDANZ BROS. LIMITED
- and -
ROYAL BANK OF CANADA
Lti
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TABLE OF CONTENTS
ARTICLE 1- DEFINmONS """""""""""""""."""" 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 TIllS 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 """""",""""""""""""'" II
6,2 Completion Dates , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . , , , , , " 11
6,3 Return of Financial Security """"",.""""""""" 12
6,4 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 II - TERM """""""""""""".""".""" 19
ARTICLE 12 - REGISTRATION OF AGREEMENT , , , , , , , . , . , , , , , , " 19
ARTICLE 13 - FURTHER ASSURANCES"""."""",."", , . " 19
ARTICLE 14 - SUCCESSORS AND ASSIGNS ".""" , , , . , , , , , , , , " 19
ARTICLE 15 - ACCEPTANCE""""""""""",."""""" 20
ARTICLE 16 - NOTICE , , , , , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , , . , , . " 20
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ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT
21
ARTICLE 18 - INTERPRETATION",."""""""""""""" 21
SCHEDULES TO AGREEMENT
Schedule "A"
"Legal Description of the Lands"
Schedule "B"
"Plans of Benefiting Area"
Schedule "C"
"Legal Description of Retained Lands"
Schedule "D"
Not Used
Schedule "E-l"
"List of Services to be installed by Owner"
Schedule "E-2"
"Estimated Cost of Installation of Services"
Schedule "E-3"
"Proportion of Cost of Installation of Services to
be Paid by Owner"
Schedule "E-4"
"Capital Grants, Subsidies or Other Contributions
Anticipated from Other Government Agencies"
Schedule "E-5"
"Estimated Net Capital Cost of Installation of
Services"
Schedule "E-6"
"List of Services in the Agreement for which a
Development Charge is Payable"
Schedule "E-7"
"List of Services in the Agreement which are
Referred to in Subsection 3(7) of the Act"
Schedule "E-8"
"Manner of Calculation of Portion of Front-End
Payment to be Made by Each Benefiting Owner
Respecting Services"
Schedule "F"
"Contributions from Benefiting Developers"
Schedule "G"
Not Used
Schedule "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"
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Front-Ending Agreement
Page 2
FRONT-ENDING AGREEMENT
THIS AGREEMENT made in quintuplicate as of this 18th day of July, 1994,
BET WEE N:
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
- and -
SCHICKEDANZ BROS. LIMITED
(hereinafter called the "Owner")
OF THE SECOND PART
- and -
ROYAL BANK OF CANADA
(hereinafter called the "Mortgagee")
OF THE THIRD PART
WHEREAS:
A. The Owner was the registered and beneficial owner of the Lands identified
in Schedule "A" which Lands are within the Benefiting Area shown on the plans contained
in Schedule "B" attached hereto, Currently the Owner is the registered and beneficial owner
of the portion of the lands identified in Schedule "C" and referred to in this Agreement as
the "Retained Lands" subject to the rights of the Mortgagee under the Mortgage from the
Owner to the Mortgagee dated June 30, 1993 and registered in the Land Registry Office
as Instrument No. LT6463I2 (the "Mortgage");
B. The Owner represents that there are no encumbrancers other than the
Mortgagee of the Retained Lands.
C. The Owner proposes to develop the Retained Lands and has sold the Lands,
other than the Retained Lands, for the purpose of development;
D.
The Services are required to enable the Benefiting Area to be developed;
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Front-Ending Agreement
Page 3
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 permission to install the Services described herein,
which the Municipality has agreed to 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, 94-120 passed on the 18th day
of July, 1994,
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
covenants hereinafter expressed, and the sum of two ($2,00) dollars of lawful money of
Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
ARTICLE 1 - DEFINITIONS
(1) In this Agreement,
(a) "Act" means the Development Charges Act, R,S,O, 1990, c,D,9, as revised,
re-enacted or consolidated from time to time, and any successor statute,
(b) "Administrative Costs" means the sums of money and costs referred to in
Sections 4(1) and 4(3), attributed to a Service under Section 4(4),
(c) "Agreement" means this Agreement.
(d) "Authorization to Commence Works" means the written permission signed
by the Director of Public Works given to the Owner or the Owner's
Engineer to commence the construction and installation of the Owner
Services pursuant to the Subdivision Agreement.
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Front-Ending Agreement
Page 4
(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,
(I) "Contributions" has the meaning attributed to it in Section 7,I4(c) of this
Agreement.
(m) "Construction Lien Act" means the Construction Lien Act, R,S,O, 1990 c,
C,30, as revised, re-enacted or consolidated from time to time, and any
successor statute,
(n) "Development Charge" has the meaning attributed to it in the Act.
(0) "Director" means the Director of Public Works for the Municipality or such
other person as the Director may designate from time to time,
(p) "Director of Public Works" means the Municipality's Director of Public
Works or his designate,
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Front-Ending Agreement
Page 5
(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) "Hold backs" has the meaning attributed to it in Section 6.4( e) of this
Agreement.
(z) "Immediate Payment Money" has the meaning attributed to it in Section 7,7
of this Agreement.
(aa) "Land Registry Office" means either the Land Registry Office for the Land
Titles Division of Durham (No, 40) or the Land Registry Office for the
Registry Division of Durham (No, 40) as may be appropriate in the context
in which the term is used,
(bb) "Lands" means the lands in the Municipality more particularly described in
Schedule "A",
10
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Front-Ending Agreement
Page 6
(cc) "Letter of Credit" means an irrevocable and unconditional letter of credit
issued by a bank listed in Schedules I or II of the Bank Act, S,C, 1991, c,46
acceptable to the Municipality's Treasurer,
(dd) "Maintenance Period" means the two (2) year period which commences on
the date on which the Owner or the Owner's Engineer is given the
Certificate of Completion for the Owner Services,
(ee) "Mortgage" has the meaning attributed to it in Recital A of this Agreement,
(ff) "Municipal Act" means the Municipal Act, R,S,O, 1990, c, MAS, as revised,
re-enacted or consolidated from time to time, and any successor statute,
(gg) "Municipality" means The Corporation of the Municipality of Clarington,
(hh) "Net Capital Cost" means in regard to the Services installed by an Owner,
the Final Cost-Owner Services less any grants, subsidies or other
contributions attributable to the Service that may be received by the
Municipality from any governmental authority, as determined by the
Director,
(ii) "Objection" means an objection to this Agreement pursuant to Section
22(3) of the Act as referred to in Section 11 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,
(ll) "Owner's Engineer" means a consulting civil engineer retained by the
Owner who is experienced in performing the duties set out in 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 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
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Front-Ending Agreement
Page 7
be the Owner, or an officer, director, shareholder or employee of the
Owner,
(rom) "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-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,
(uu) "Specifications" means the design guidelines, standards and specifications
established by the Director for the installation of Services,
(w) "Subdivision Agreement" means the Subdivision Agreement made between
the Owner and The Corporation of the Town of Newcastle on July 18, 1989
and registered on July 24, 1989 in the Land Registry Office as Instrument
No, 153022, as amended.
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Front-Ending Agreement
Page 8
(ww) "SMW" means a particular Stormwater Management Works referred to in
Schedules "E-l" and "E-6",
(xx) "Term" has the meaning attributed to it in Section 11 of this Agreement.
(yy) "Treasurer" means the Treasurer of the Municipality,
(zz) "Trust Account" has the meaning attributed to it in Section 7,8(a) of this
Agreement,
(aaa) 'Workers' Compensation Act" means the Workers Compensation Act,
R,S,O, 1990, c,W.11, as revised, re-enacted or consolidated from time to
time, and any successor statute,
(2) All other capitalized terms used herein and not otherwise defined shall have
the meanings attributed to them in the Act, as amended from time to time,
ARTICLE 2. ACKNOWLEDGEMENTS: BASIS OF THE AGREEMENT
2.1 The Owner represents that Recitals A, B, C, D and F are 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
ou t in Schedules "E-I", "E-6" and "E-7",
2.2 The Parties acknowledge that the Services which are identified on Schedules
"E-l" and "E-6" are required to enable the Benefiting Area to be developed,
2.3
The Parties further acknowledge that under this Agreement:
(a)
The Owner shall only be reimbursed by Benefiting Owners in regard to the
Services (Recoverable); and
(b)
The Services described in Section 3(7) of the Act are not eligible for
reimbursement hereunder,
2.4 Nothing in this Agreement shall be deemed to derogate in any way from the
provisions of (1) the Subdivision Agreement, (2) an Agreement between the Owner and the
.
, r
Pf
13
Front-Ending Agreement
Page 9
Municipality made as of August 10, 1993, and (3) an Agreement between the Owner and
the Municipality and Don Sherk Construction Limited also made as of August 10, 1993,
2.5 Postponement of Mort2a2e
The Mortgagee hereby postpones the Mortgage to this Agreement with the intent
that this Agreement shall take effect as though dated, executed and registered prior to the
Mortgage, In the event that (1) the Mortgagee obtains an order of foreclosure against the
Owner, (2) the Mortgagee directly or indirectly takes possession of the Lands, or (3) the
Lands are sold after default occurs under the mortgage, the Lands shall not be used or
developed by any person otherwise than in conformity with the provisions of this
Agreement. In order to give further assurance to the Municipality, the Mortgagee at its
cost shall execute a separate Postponement Agreement containing terms satisfactory to the
Municipality's Solicitor forthwith after being requested to do so by notice given in writing
to the Mortgagee and to deliver the same to the Municipality,
ARTICLE 3 - ESTIMATED COST
3.1 The Parties acknowledge and agree that the Estimated Installation Cost of the
Services and the Estimated Net Capital Cost of the Services are set out in Schedules "E-2"
and "E-S", respectively,
ARTICLE 4 . COST OF ADMINISTERING THIS AGREEMENT
4.1 The Owner shall pay to the Municipality the reasonable cost to the
Municipality of administering this Agreement which reasonable cost comprises the cost of
the registration of this Agreement against the title of the Owner to the Lands and the title
of the Benefiting Owners' to their respective lands,
4.2 In addition, the Owner shall pay to the Municipality within thirty (30) days
of the delivery of the invoice therefor all other reasonable costs incurred by the Municipality
of administering this Agreement, including the cost of consultants and studies required by
the Director of Public Works in preparation of this Agreement.
4.3 The Municipality agrees that amounts paid by the Owner under Sections 4(1)
and 4(2) are to be included in calculating the Front-End Payment (Recoverable) for the
Services (Recoverable),
ARTICLE 5 - SECURITY FOR OWNER'S OBLIGATIONS AND COVENANTS
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Front-Ending Agreement
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5.1 (I) 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 $1,075,642,72 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 $1,075,642,72, provided that the Owner shall
maintain the aforesaid Letter of Credit in good standing until the Owner is
entitled to its release under the provisions of the Subdivision Agreement.
5.2 The Municipality shall be entitled to draw upon the Financial Security if it is
not renewed or replaced with another Financial Security at least thirty (30) days prior to its
expiry and all monies received by the Municipality shall be used to secure the due
performance of each of the Owner's obligations and covenants herein contained,
5.3 If the Director of Public Work, at any time and from time to time, determines
that the actual cost of installing a Service may exceed the Estimated Installation Cost in
regard to the Services, or after an objection is made to the Agreement, it may notify the
Owner of the new estimate (the "Revised Estimate") and the Owner shall deliver to the
Municipality, within thirty (30) days of receipt of such notice, an additional or a replacement
Financial Security such that the total amount of the Financial Security held by the
Municipality is then equal to one hundred percent (100%) of the "Revised Estimate" less
the amount of any reduction in the Financial Security which the Municipality may have
permitted under the terms of the Subdivision Agreement.
5.4 If, at any time, the Owner is in default of its obligations and covenants under
the terms of this Agreement, the Municipality shall be entitled, but not obligated, to:
(a) satisfy any outstanding obligations of the Owner under this Agreement; and/or
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Front-Ending Agreement
Page 11
(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.
6.2 Completion Dates
(a) The Owner agrees that the completion dates for installation of the Owner
Services are the following:
(I) SMW from CPR Tracks to Concession Street:
September 15, 1994 or such later date as may be approved by the
Director of Public Works,
(2) SMW from Concession Street to Soper Creek:
September 15, 1994 or such later date as may be approved by the
Director of Public Works,
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Front-Ending Agreement
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(b) If the Owner defaults in the installation of any 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 any 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.
6.3 Return of Financial Security
Forthwith after the Owner is given a Certificate of Acceptance of the Owner
Services and provided no outstanding claims remain by the Municipality against the Owner
under or arising out of this Agreement and the Owner is entitled to the return of the Letter
of Credit referred to in Section 5,1(2) under the provisions of the Subdivision Agreement,
the Municipality shall return the Letter of Credit to the, Owner,
6.4 Owner's Cost
(a) Forthwith after the Owner is given a Certificate of Acceptance for the Owner
Services, the Owner shall deliver to the Director of Public Works the final statement of the
Reasonable Cost incurred by the Owner for installing the Owner Services for his
consideration and, if appropriate, his approval. 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, for installing the Owner Services,
The Owner shall, if so requested by the Director, permit the Municipality, its employees and
agents, access to its books and records for the purpose of satisfying itself as to the
reasonableness of such costs,
(b) From time to time during the installation of the Owner Services, 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,
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Page 13
(c) Upon the receipt and approval by the Director of Public Works of the final
Reasonable Cost, the Director 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 the
installation of the Owner Services in calculating the portion of the Front-End Payments
(Recoverable) to be made by each Benefiting Owner with respect to the Services in this
Agreement for which a Development Charge is payable,
ARTICLE 7 - RECOVERY OF FRONT-END PAYMENTS (RECOVERABLE)
7.1 Schedule "J" identifies all Benefiting Owners who own land within the
Benefiting Area and sets out the legal description of their lands within the Benefiting Area,
7.2 The plans contained in Schedule liB" show the location of the lands of the
Benefiting Owners within the Benefiting Area,
7.3 After the installation of the Owner Services is complete and all costs
pertaining thereto have been determined, the Director of Public Works will determine the
final Front-End Payment (Recoverable) for the Services (Recoverable) and Owner's Share
of the Front-End Payment, and will set the same out in Schedule "K", The estimated Front-
End Payment (Recoverable) for the Services (Recoverable) is set out in Schedule "L",
7.4 For the Services (Recoverable), as a condition of an approval granted to a
Benefiting Owner in regard to any development on that portion of the Benefiting Owner's
land located within a Benefiting Area during the Term, the Municipality shall require such
Benefiting Owner to pay the Benefiting Owner's portion of the Front-End Payment
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(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 recent
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
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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
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Front-Ending Agreement
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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,
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 M~nicipality may, in its discretion, release
to a Benefiting Owner copies of any certificates, reports, contracts or other documents and
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Page 16
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 liB", The amounts
of the contributions of such Benefiting Developers are set out in Schedule "F"
together with, where available, the registration particulars of the subdivision
agreements in question (the "Contributions"),
The Owner acknowledges that the amounts of the Contributions in fact are
less than the amounts that would have been achieved if the Benefiting
Developers' lands had been included within the Benefiting Area and the
Benefiting Developers had qualified as Benefiting Owners under this
Agreement and the benefiting area under a Front-ending Agreement of even
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Front-Ending Agreement
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date between the Owner and the Municipality respecting the stormwater
management works for the benefiting area located within the Lower
Watersheds of West Branch of Soper Creek. 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 Owner Services which are
or will be available to the Benefiting Owners under this Agreement and under
the aforesaid Front-ending Agreement respecting the stormwater management
works for the benefiting area located within the Lower Watershed of the West
Branch of Soper Creek, 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
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(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
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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 twentieth (20) anniversary of the
date on which the Term commenced, The Parties hereto agree that this Agreement shall
continue in full force and effect despite any expiry or repeal of the By-law or the enactment
or any replacement or amending By-law,
ARTICLE 12 . REGISTRATION OF AGREEMENT
12.1 The Owner and the Mortgagee acknowledge that this Agreement may be
registered by the Municipality, at the expense of the Owner, in the Land Registry Office
against the title to the Retained Lands and any other lands in the Benefiting Area, and
consent to such registration,
12.2 This Agreement shall run with and bind the Retained Lands and any other
lands within the Benefiting Area against the title to which this Agreement is registered,
12.3 It is hereby agreed by and between the parties hereto that upon compliance
with all the provisions of this Agreement by the Owner on the expiry of the Term, the
Municipality will issue to the Owner a certificate adequate for registration consenting to the
removal of this Agreement from title to the Retained Lands,
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ARTICLE 13 . FURTHER ASSURANCES
13.1 The Owner and the Mortgagee shall execute such further assurances as may
reasonably 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
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AND TO:
Schickedanz Bros, Limited
3311 Bayview Avenue
Suite 105
Willowdale, Ontario M2K IG4
AND TO:
Royal Bank of Canada
Corporate Banking - Real Estate
20 King Street West
2nd Floor
Toronto, Ontario M5H IC4
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,
Front-Ending Agreement
Page 22
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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.
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,
18.12 The Schedules attached to this Agreement form part of this Agreement and
are deemed to be included as part of the text of this Agreement.
IN WITNESS WHEREOF the parties have executed this Agreement under seal.
SIGNED, SEALED AND
DELIVERED
In the Presence of:
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THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
by: Ih~~~/
Title: Mayor
Name: Dian
by:
Title:
Name:
Front-Ending Agreement
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-
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,
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by:
Title:
Name:
by:
Title:
Name:
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SCHEDULE "A"
LEGAL DESCRIPTION OF LANDS
(Registered Plans 10M-829 and 10M-830 and the lands subject to 18T-89065)
Firstly: Part of Parcel 10-1, Section Con, 2 (Bowmanville) being Lots 22 and 24 and Part of
Lots 21 and 23 in Block A according to e.G, Hanning's Plan being a subdivision of Part of
Lot 10 in Concession 2 of the Geographic Township of Darlington, Municipality of
Clarington, Regional Municipality of Durham designated as Part 1 on Plan lOR-3434 save
and except for the lands laid out by Plans 10M-829 and 10M-830,
Secondly: 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 10M-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 10R-4076.
Fifthly: All Parcels in Section 10M-800 being all of the land laid out by Plan lOM-800,
Municipality of Clarington, Regional Municipality of Durham,
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TOTAL OF AREAS ** OWNER'S SHARE · AREA NOT
AREA OWNER OR BENEFITING OWNER CONTRIBUTING OF AREA BENEFITING NOT INCLUDED IN
TO SERVICES CONTRIBUTING AREA BENEFITING AREA
fha\ (ha\ fha\ (ha\
4A&4H L1ZA DEVELOPMENTS 8.19 8.19
4B WILLOWBROOKE GARDENS 6.62 6.62
4C MARCHETTI IN TRUST 11.99 11.99
40 MINISTRY OF GOVT. SERVICES 21.49 21.49
4E BELLMAN. GEORGE & JEANNE 0.89 0.89
4F LANGERBERGER, JADWIGA 0.88 0.88
4G DURHAM NON-PROFIT 2.02 2.02
5A SCHICKEDANZ BROTHERS LIMITED 24.37 24.37
5B McLEAN, DANIEL & SHIRLEY 1.25 1.25
6A VELTRI AND SON 1.15 1.15
6B VELTRI AND SON 1.61 1.61
6C TOWCHESTER DEV. LTD. 0.13 0.13
7A SCHICKEDANZ BROTHERS LIMITED 8.28 8.28
8A PENWEST DEVELPOMENT CORP. 6.88 6.88
8B ASHDALE CAPITAL CORP. LTD. 0.87 0.87
9A NOR-ARM DEVELOPMENTS 3.61 3.61
9B SABINA INVESTMENTS INC. 3.92 3.92
10A PENWEST DEVELOPMENT CORP. 7.5 7.5
10B NOR-ARM DEVELOPMENTS 1.46 1.46
Totals 113,11 32,65 48,30 32,16
. These Areas are subject to registered subdivision agreements which provides for the reimbursement toward the cost of the services, and are
referred to in section 7.14(c) of this agreement. They are included in the areas contributing to the M.D.P. for the purposes of Schedule "E-8" of this
Agreement.
H The Owner Is responsible for Areas 5A and 7A which contribute to the services. The amounts of the Front-End Payment allocated to these
Areas are $231.751.51 and $78,740.36, respectively for a total of $31 0,491.87.
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LEGEND:
AREAS NOT
CONTRIBUTING
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ITAIm ~~~.
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AREA 10
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SCHEDULE "e"
LEGAL DESCRIPTION OF RETAINED LANDS
Firstly: Part of Parcel 10-1, Section Con, 2 (Bowmanville) being Lots 22 and 24 and Part of
Lots 21 and 23 in Block A according to e.G. Hanning's Plan being a subdivision of Part of
Lot 10 in Concession 2 of the Geographic Township of Darlington, Municipality of
Clarington, Regional Municipality of Durham designated as Part 1 on Plan lOR-3434 save
and except for the lands laid out by Plans lOM-829 and lOM-830,
Secondly: Lands in Section lOM-829 being Plan lOM-829, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Parcel
5-3
15-3
17-3
19-3
21-1
58-1
62-1
63-1
64-1
65-1
67-1
68-1
69-1
75-1
76-1
89-1
90-1
92-1
93-1
94-1
95-1
96-1
97-1
98-1
99-1 to 101-1 inclusive
103-1 to 106-1 inclusive
Lot
Part Lot 5 designated as Part 4 on Plan 40R-15397
Part Lot 15 designated as Part 9 on Plan 40R-15297
Part Lot 17 designated as Part 5 on Plan 40R-15528
Part Lot 19 designated as Part 2 on Plan 40R-15528
Lot 21
Lot 58
Lot 62
Lot 63
Lot 64
Lot 65
Lot 67
Lot 68
Lot 69
Lot 75
Lot 76
Lot 89
Lot 90
Lot 92
Lot 93
Lot 94
Lot 95
Lot 96
Lot 97
Lot 98
Lots 99-101 inclusive
Lots 103-106 inclusive
Schedule "C"
114-1
115-3
128-1
133-1 to 139-1 inclusive
143-1
107-1
108-1
.~
0~
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-2-
Lot 114
Part Lot 115 designated as Part 1 on Plan 40R-15655
Lot 128
Lots 133 to 139 inclusive
Block 143
Part Lot 107 designated as Part 1 on Plan 40R-15656
Lot 108
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 22-1 inclusive
57-1
66-1
74-1 to 92-1 inclusive
95-1
96-1
97-1
26-3
28-3
27-1
30-1
31-1
32-3
33-1
34-3
36-1 to 56-1 inclusive
I&t
1 to 22 inclusive
Lot 57
Part Lot 66
Lot 74 to Lot 92 inclusive
Block 95
Block 96
Block 97
Part Lot 26 designated as Part 2 on Plan 40R-15626
Part Lot 28 designated as Part 5 on Plan 40R-15626
Lot 27
Lot 30
Part Lot 31
Part Lot 32 designated as Part 7 on Plan 40R-15678
Lot 33
Part Lot 34 designated as Part 11 on Plan 40R-I5678
Lots 36 to 56 inclusive
Fourthly: Parcel 1-1, Section H-50075, in the Municipality of Clarington in the Regional
Municipality of Durham, formerly in the Municipality of Clarington, in the County of
Durham, being composed of Lots 4, 13, 15, 16, 17, 18, 19, 22, 23, 24 and 25 and Part of Lots
1,3, 5, 9, 10, 11, 12, 14, 20, 26, 27, 28, 29, 30 and 31 on Plan H-50075 being a subdivision
of Part of Lot 9 in Concession 1 and Part of Lot 9 in Concession 1 being Part of Lot 8,
Block 2 of the Plan of the Geographic Township of Darlington, formerly Bowmanville, and
part of the unnamed streets on Plan H-50075 and stopped up and closed by By-law No, 89-
66 of The Corporation of the Town of Newcastle registered as Instrument No, 152049
designated as Part 1 on Reference Plan lOR-4076,
Schedule "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 18M-800 being Block 78, Plan lOM-800 of the Municipality of
Clarington, Regional Municipality of Durham,
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SCHEDULE liE_I"
LIST OF SERVICES TO BE INSTALLED BY O\VNER
The Services which the Owner will install under this Agreement and the
Subdivision Agreement between the Owner and the Municipality comprise the water
quantity detention pond and appurtenances to be located south of the CPR tracks which are
hereby deemed to be of benefit to the Benefiting Area, These Services are described in
Appendix "B" to the Cost Sharing Report and Back-Up Documentation for the
Implementation of the Master Drainage Plan for the West Branch of the Soper Creek 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, The Services
are more particularly described in the Engineering Drawings for these works prepared by
Marshall Macklin Monaghan Limited dated June 3, 1993 as finally approved by and on file
with the Director of Public Works,
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Estimated Cost of
Estimated Total Installation of Works Estimated Cost of
Stormwater Management Works Description Installation Cost of for Upper and Lower Installation of Services
Works Watershed For Benefitina Area
1, SMW From CPR Tracks to Apple Blossom Blvd.
Channel from CPR Tracks to Apple Blossom Blvd.
Estimated Cost.............. $185,500,00 $185,500.00
2, SMW From Concession Street to Soper Creek
Contract A: Channelization (1993) $299,412.75 $299,412.75
a) Water Quantity Facilty including Landscape Planting $746,777.92 $746,777.92
b) Water Quality Facilty including Landscape Planting $510,451.06 $510,451.06
Construction Cost for SMW Facility to date $19,000.00 $19,000.00
Estimated Cost.............. $1,575,641,75 $828,863.83 $746,777,92
3. Easements and Miscellaneous
Estimated Cost.............. $294,500.00 $294,500.00
4. Legal Surveying
Estimated Cost......... ..... $47,000,00 $47,000.00
5. Engineering Fees
Estimated Cost.............. $474,335.06 $273,202.50 $201,132.56
6, Legal Fees
Estimated Cost.............. $83,100.00 $63,100.00
7, Provision of Letters of Credit and Bonding
Estimated Cost.............. $61,371.82 $61,371.82
8, Town Inspection Fees
SMW From CPR Tracks to Apple Blossom Blvd. (2%) $185,500.00 $3,710.00 $3,710.00
SMW From Concession Street to Soper Creek
Contract A: Channelization (1993) (2.5%) $299,412.75 $7,465.32 $7,485.32
a) Water Quantity Facilty including Landscape Planting (2.5%) $746,777.92 $16,669.45 $18,669.45
b) Water Quality Facilty including Landscape Planting (2.5%) $510,451.06 $12,761.28 $12,761.28
Construction Cost for SMW Facility to date (2.5%) $19,000.00 $475.00 $475.00
Estimated Cost......... ..... $43,101,04 $24,431.60 $18,669.45
9, Financing Charges (from 1987 to July 18, 1994)
Estimated Cost.............. $257,205,03 $148,142.24 $109,062,79
10. Administration of Agreement
Estimated Cost.............. $30,000,00 $30,000.00
Total Estimated Costs $3,051,754,70 $1,976,111.98 $1,075,642,72
~
11)
SCHEDULE "E-3"
PROPORTION OF COST
OF INSTALLATION OF SERVICES
TO BE PAID BY OWNER
One hundred (100%) percent of the cost of installation of the Services,
~
113
SCHEDULE "E-4"
CAPITAL GRANTS, SUBSIDIES OR OTHER CONTRIBUTIONS
ANTICIPATED FROM OTHER GOVERNMENT AGENCIES
None
'~' ---,',
' , '-l
':"j'-
Eo-< fJ1
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u s:
~ ~
ro ~ ~
, Eo-< fJ1
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"' ~ 0
~
~ u Z
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:I: 0
u ~ ~
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~
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Estimated Net
Stormwater Management Works Description Capital Cost
1, SMW From CPR Tracks to Apple Blossom Blvd,
Channel from CPR Tracks to Apple Blossom Blvd.
Estimated Cost..............
2. SMW From Concession Street to Soper Creek
Contract A: Channelization (1993)
a) Water Quantity Facilty including Landscape Planting $746,777.92
b) Water Quality Facilty including Landscape Planting
Construction Cost for SMW Facility to date
Estimated Cost.............. $746,777,92
3, Easements and Miscellaneous
Estimated Cost..............
4, legal Surveying
Estimated Cost..............
5, Engineering Fees
Estimated Cost.............. $201,132,56
6. legal Fees
Estimated Cost..............
7, Provision of letters of Credit and Bonding
Estimated Cost..............
8, Town Inspection Fees
SMW From CPR Tracks to Apple Blossom Blvd. (2"k) $185,500.00
SMW From Concession Street to Soper Creek
Contract A: Channelization (1993) (2.5%) $299,412.75
a) Water Quantity Facilty including Landscape Planting (2.5%) $746,777.92 $18,669.45
b) Water Quality Facilty including Landscape Planting (2.5%) $510,451.08
Construction Cost for SMW Facility to date (2.5%) $19,000.00
Estimated Cost.............. $18,669,45
9, Financing Charges (from 1987 to July 18, 1994)
Estimated Cost.............. $109,062,79
10, Administration of Agreement
Estimated Cost..............
Estimated Net Capital Cost of Services $1,075,642.72
. "
LJIf
tf~
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 water
quantity detention pond and appurtenances to be located south of the CPR tracks which are
hereby deemed to be of benefit to the Benefiting Area. These Services are described in
Appendix "B" to the Cost Sharing Report and Back-Up Documentation for the
Implementation of the Master Drainage Plan for the West Branch of the Soper Creek 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, The Services
are more particularly described in the Engineering Drawings for these works prepared by
Marshall Macklin Monaghan Limited dated June 3, 1993 as finally approved by and on file
with the Director of Public Works,
.. ~ . J .
~
ift/
SCHEDULE "E-7"
LIST OF SERVICES IN THE AGREEMENT WHICH
ARE REFERRED TO IN SUBSECTION 3(7) OF THE ACT
None
, . '
~
'11
SCHEDULE "E-8"
MANNER OF CALCULATION OF PORTION OF
FRONT-END PAYMENT TO BE MADE BY EACH
BENEFITING OWNER RESPECTING SERVICES
Summary
Summary of Areas contributing to the installation of Services,
Area
(Shown on plans in Schedule B)
Hectares
4
5
6
7
8
9
10
52.08
25.62
2,89
8.28
7,75
7,53
8,96
Total Ground Area 113,11
Total Estimated Net Capital Cost of Services $1,075,642,72
Cost of Services Per Hectare $9,509,70
The estimated Net Capital Cost of the Owner's Services shown on Schedule "E-SIt is
$1,07S,642.72, 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 113,11 ha, The
Benefiting Area showing on the plans contained in Schedule "B" is 48,30 ha, The portion
of the Front-End Payment (Recoverable) allocated to each Area within the Benefiting Area
is the product achieved by multiplying the ground area of each such Area in hectares by the
amount of $9,S09.70, The portion of the Front-End Payment (Recoverable) allocated to
each of the Lands and the Areas shown on the plans contained in Schedule "B" which are
not included in the Benefiting Area is achieved by multiplying the area of the Land and
such Areas in hectares respectively by the amount of $9,S09,70,
Lf&
SCHEDULE "F"
CONTRIBUTIONS FROM BENEFITING OWNERS
AMOUNT
COLLECTED
BENEFITING DEVELOPER PLAN MAP (AREA) AREA (ha) OR SECURED
Newcastle Meadows (Phase 1) 10M -835 2(B) 5.58 $111,600
Northeast Bowmanville 18T -89041 2(C) 1.24 $85,620
Liza Dev, (includes LD041-
-044/90) 4OM-1688 4(A) & 8,19 $163,860
4(H)
Ashdale Capital Corporation 4OM-1676 4(B) 6,62 $132,400
Durham Non-Profit 4(G) 2.02 $40,400
Veltri - Liberty/Concession 40M -1680 6(A) 1.15 $23,000
Veltri - High Street 18T -84035 6(B) 1.61 $40,400
Penwest Developments lOM-804 lO(A) 7,50 $146,400
Nor-Arm lOM-837 9(A) 3,61 $74,400
Nor-Arm 10M -838 10(B) 1.46 $28,600
TOTAL 38,98 $846,680
, I
~
L/1
I
SCHEDULE ".I"
BENEFITING OWNERS WITHIN THE BENEFITING AREA
AND THE LEGAL DESCRIPTION OF THEIR LANDS
Area 4C
Assessment No.: 020-060-10805-0000
Registered Owner and address: Marchetti, Emily, In Trust (as to an undivided
Three-Fifths Interest)
Deminico, Anthony, In Trust (as to the remaining
undivided Two-Fifths Interest)
c/o Anne Marie Marchetti
Barristers and Solicitors
12 Karen Ann Crescent
Scarborough, Ontario
M1G 1M3
Legal Description (Land Titles): Parcel Con. 2-9-1, Section Darlington, in the Municipality
of Clarington, in the Regional Municipality of Durham, being composed of part of Lot 9 in
Concession 2 of the Geographic Township of Darlington, designated as Part 1 on Reference
Plan 40R-15339.
Area 4D
Assessment No,: 020-060-17810-0000
Registered Owner and address: Ontario Land Corporation
Ministry of Government Services management Branch
15th Floor, 77 Bay Street
Toronto, Ontario
M5G 2E5
Legal Descr~tion (Land Titles): Remainder of Parcel 8-3, Section Con, 2, Newcastle
(Darlington), in the Municipality of Clarington, in the Regional Municipality of Durham,
eeiBg that f'art of Lot g in ConcessioB 2 of the OrigiBa.J TO',',q.y;hif) of DarliagteB, iB t11e
County of Durham, designated as Parts 1 and 2 on a Plan of ~Yrvey of record in the Land
Registry Offiee (no, 10), Ltmd Titles Division of Newcastle at Ne'.veastle as lOR 575, sa'/e
aBd except t11e lands 001.1.' comprising Parcels g 5, ~ection COB, 2 (Darliagtont B:fld Paf(~el
g 4, SeGtion COB, 2 Newcastle (Darliagtont
'" BowMSI\viL4..:..
Area 4E
Assessment No: 020-060-11300-0000
Registered Owner and address: George Edward Bellman and Jeanne H, Bellman
24 Liberty Place
Bowmanville, Ontario
Legal Description (Registry): Part of the north half of Lot 8, Concession 2, lying south of
the Canadian Pacific Railway Right of Way, in the Township of Darlington now within the
limits of the said Town of Bowmanville, Municipality of Clarington described as follows:
I t
ffrc
SJ
Schedule "J"
-2-
PREMISING that the Westerly limit of said Lot 8 has a bearing of North 16 degrees West
and relating all bearings herein thereto;
COMMENCING at the point of intersection of a fence running Easterly with the Westerly
limit of said Lot 8 as marked by an iron bar, said iron bar distant Southerly in the last-
mentioned limit thirty-four hundred and thirty-five and three-tenths feet (3435.3') from the
North-Westerly angle of said Lot 8;
THENCE North 74 degrees 14 minutes East along the said fence marking the centre line
of said Lot 8 a distance of twelve hundred and ten feet (1210') to an iron bar;
THENCE North 23 degrees 45 minutes West a distance of five hundred and fifty-three and
twenty-two one-hundredths feet (553.22') to an iron bar planted in the Southerly limit of the
Canadian Pacific Railway right-of-way;
THENCE Westerly along the said Southerly limit, being a curve to the left, said curve
having a radius of 1800 feet, a chord of 376.5 feet and a chord bearing of South 70 degrees
19 minutes West, an arc distance of three hundred and seventy-seven and two-tenths feet
(377,2') to an iron bar planted in the line of a fence running Northerly;
THENCE North 22 degrees 17 minutes West continuing along the Southerly limit of said
railway right-of-way and along the said fence a distance of fifty feet (50') to an iron bar;
THENCE Westerly along the Southerly limit of the said railway right-of-way being a curve
to the left, said curve having a chord equivalent of South 51 degrees West 819.3 feet a
distance of eight hundred and twenty-five feet (825') more or less to an iron bar planted at
the point of intersection with the Westerly limit of said Lot 8;
THENCE South 16 degrees East along the Westerly limit of said Lot 8 a distance of two
hundred and forty-eight and sixty-two one-hundredths feet (248,62') more or less to the
POINT OF COMMENCEMENT,
Containing 12,92 acres, more or less,
SUBJECT to the easement created by Registered Agreement No, 10785 made between
Charles A Wight and The C,L.O, & Western Railway and its lessee Canadian Pacific
Railway Company,
As described in Instrument No. N23202,
Area 4F
Assessment No: 020-060-10625-0000
Registered Owner and address: Fujarczuk, William (70% interest)
Langenberger, Jadwiga (executrix of Langenberger,
Roman Stanislaw 30% interest)
2275A Royal Windsor Drive
Mississauga, Ontario
LSJ lK5
Legal Description (Land Titles): Parcel 2-1, Section H-50077, being composed of Part of
Lots 2, 96, 97 and 98 and part of Lots 4 and 95, Block E on Plan H-50077, being a
subdivision of part of Lot 9 in Concession 2 of the Geographic Township of Darlington,
Municipality of Clarington, Regional Municipality of Durham, designated as Part 3 on
Reference Plan 10R-3976.
.
~
51
4 ,I
Schedule "J"
-3-
Area SA
Registered Owner and address: SchickedallZ Brothers Inc,
3311 Bayview Avenue
Suite 105
Willowdale, Ontario M2K 1 G4
Assessment No,:
SE:E: .4c:;^~ 1:>c;5C.~'i="I'o)") o~ ~GjE'" 52
Legal Description (Land Titles): Firstly: Part of Parcd 10 1, SeetioB CaB, 2 (Eo~;ffRaR~Alle)
beiag Lots 22 aBd 24 and Part of Lots 21 aRa 23 iR Bloek ~^~ aeeording to e.a, Hamliag'g
Pltm. being a sl:lbdi".isioH. of PMt of Lot 10 in COBeessioH. 2 of the Geogra-phie TO'lli'lship of
DMliBgtan, Manieipality of ClariagtoFl, RegioRal Mlulieit>aHty of DHrRam desigNated as Part
1 OR Plan lOR 3434 sa~..e fi'Hd exeept for the lands laid 6tit by PIMl'S lOM-829 and lOM-8JO,
Secondly: Lands in Section lOM-829 being Plan lOM-829, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Parcel
Lot
~ wt5
15-1-3 FrtLot 15ck'5I~~aW oa?act 9 01\ ~(~ 40~- j.S2Rr
~ Lot 1~
17-1-'3 pa.c-tLot 17 cJ..e~'5^-a.tvt ~ -Pa.tts 0" -Pl~ 4o<e- J,5525
18 1 Lul 18
..l9:=J,... PiU t Lot 19 Jl;;~i~1lilltal il~ p~{ I 2 U1l Plil1l 40R 15528
26 1 LA :6
21-1 Lot 21
58-1 Lot 58
62-1 Lot 62
63-1 Lot 63
64-1 Lot 64
65-1 Lot 65
67-1 Lot 67
68-1 Lot 68
69-1 Lot 69
75-1 Lot 75
76-1 Lot 76
89-1 Lot 89
90-1 Lot 90
~ Lul~1
92-1 Lot 92
93-1 Lot 93
94-1 Lot 94
95-1 Lot 95
96-1 Lot 96
97-1 Lot 97
98-1 Lot 98
99-1 to IOJ.:l i~lusive Lots 99-10)~clusive
, 103-1 to ~ mclusive Lots 103-~nclusive
.114-1 Lot 114
1l5.f~ p_rt.Lot 115 cte.-s.Ljl\'e-'\:e.ct. aA "'POor-\: .1. 01\ 4oR- .!5"6S5"
128-1 '151- !. Lot 128 ~
133-1 to ~inclusive Lots 133 to ~. inclusive
143-1 Block 143
jOr- 1- ~'Srt tot j.o7 ck:sl3l\ateDl ~ '?ar~ ;l O^ 4~-.t.56S6
:to$-:/- Lot. J~
52,
. l' I
j I'
.I
~~EA s-A;
LE:~AL DE:'5,CS~.l?T\O~ (LAND 11-rt...E.~ J : 'F:~STL't' :~rt\ Or '"t1t~e:L-
3D - J- , See no,.! CON. .:< ( :Bow,.,"'" V. L~E) h ~~':J
.Lot."'i) at\d... pari: 01 Lots ;L) 3, 4} b, 1 aile;( Cf at\c;( part: of The..
Ur1t}aMed- ~e... ~ 13LockA acc.or-cL~ +0 C, '1.IIItAJN'N~'s -Pla~~
be..~j Gl. vlt..bctt\J!'sw^,- oJ part of Lot JD If\ CD')c.ec:.swI\...:2 of +he
~e.o.=raf~'c... lOW(\c:,h.;f o~ "Dar L.:~to") Lo-Ls .:2.1, ;;2;).,:23 ~Jlc{ .:24
lA J:3Loc..k. A ~ -pari: 1>f LJ~M\S ~le~ Sb-eet ~ .be.twee,\ 13LocJcs
A cMcl 13.) as 50 t<:>fPe-cl kf aAcL cb seLL bJ B~:r Lcw- <o9-Gl
of The.. Co r-forai::;o^,-- of Tle... TOw'\. o~ Nev.lc.~stle- 1 r-e.jLS-tere.~
as J-f\s-tr~MeA-t:. ).5;;)..O{T) Lob ;2.5/ :21, ;:2..9) 31-, 3~ '35; 37;
3'1/ 41-/ 4;2; 43" 44, 4S; 4b, 415 4'6) 49, 50, S:1." 5~,53
-aN?t 54 V, -:Blod 13) o-{\cl pa,t ~f l1at'\1) S-b-ee....t/ ~s
si:offe-oL ~ df\d. c1oseol h:J ine 5a.t"- 13J-iC4u 75'9-67- all.
ac.coJ-d..L^j to rea" H- 50077, bel^J OJ.. s~boli\J1.sc..O"'-- of F~rt
of Lots cr dlld j.O l~ CO"Ce55wl\.;;< of th~ 0~~r-ap/lA.,--
TOwr'\"5~ 05 J)~r- L.'~-i:o" a.^cA.. pa.r t of -the.. s a.U::L Lot 9
~ Cov'\c-ess~^ ::2.; all c:te5l~^a-ted. a.A 7A-RT 1. Of\
~e-SVV1c..€- -PL-~~ 501<-3434) fVO~ ~ th'2.. t1uAL'c..~p-aG-\;_J
of CJ.:cu- L~ t.o~, ~f\ the.- ~ ~ ~f\cl '\ W\..Le-f'a L;.~~ ~~ ~LU ~ 'aM- J
Se\Je.. Oi\&-- exC-e.f-t -th~ ~cls lcL.cl ou..-t b_~ t=(~ LS -te.r-eol
?l-ai\'5 0) ~u.b~vls'LC~ :W t\- <();2q a^~ ,10 t1- <D30.
"
..
I '
.. "Schedule "J"
; I ~
f
-4-
~~
Thirdly: Lands in Section 10M-830 being Plan IOM-830, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Parcel
..
-,
1-1 to 22-1 inclusive
57-1
66-1 :!1
74-1 to inclusive
95-1
96-1
97-1
26-3
~
27-1
3().f
31-1
~
33"-3
34-3
3rt I % 1 :...1 .....
~-.1 io 9f--.i If'le,"~vc..
Si- .1-
~ - j.. i:.o q.;1- j. U\e.f..ts~v4t
Area SB
Assessment No.: 020-060-05200-0000
l&t
I to 22 inclusive
Lot 57
Part Lot 66
Lot 74 to Lot ii'inclusive
Block 95
Block 96
Block 97
Part Lot 26 designated as Part 2 on Plan 40R-15626
P~l Ll 2a..dc~i6H...l"J tt:) Pi.t1l 5 u~ Pli.t11 10R 15~26
Lot 27
~ri: Lot 30 cks~"a't:ect a.4 ~t :3 Ot\ -Plan 4cJR-.t56'f8"""
Part Lot 31
Pttll wl 32 Jt;~i~ut1lt;d ~ P...~ l '7 vu Fluu .tOR 15678 J
"?art. Lot 33 d.e'Sletsled. cu -Part jo en -Pl~ 4og- :15Grg
Part Lot 34 designated as Part 11 on Plan 40R-15678
1,...1: ", I.. <:;ti ;..dw.; ~
Lc:1i:.s 38" t.o 51 t.'IlC.l.c.4.,~v-e....
Lot 5,"
Lots 8?) -b, q;< tt\clMsiu.e..,
~~..;.,.
Registered Owner and address: McLean, Daniel Neale
McLean, Shirley Ann
175 Liberty Street North
Bowmanville, Ontario
L1C 2M2
Legal Description (Registry): Part of Lots 2 and 3 and Unnamed Lane, Block "A",
according to e.G. Hanning Plan of Part of Lot 10, Concession 2, Geographic Township of
Darlington (former Town of Bowmanville) Municipality of Clarington, Regional Municipality
of Durham, now designated as Part 1, Plan lOR-1712.
Area 6C
.
Assessment No: 020-050-03475-0000
..
Registered Owner and address: Towchester Developments Limited
c/o Valiant Property Management
177 N onquon Road
20th Floor
Oshawa, Ontario
LIG 3S2
Registered Owner: Towchester Developments Limited
Legal Description (Land Titles): Firstly: Remainder of Parcel 11-2, Section Con, 2,
Municipality of Clarington (formerly Town of Bowmanville), beiflg eomposed of Part of Lot
11, CoaeessioB 2, and Part of Lots 14 and 16 aeeording to Hambly Plafl (by L.H, Shortt) of
Part of Lot 12, Concession 2, of the Geographic TmVflShip of Darlington, designated as Part
1 on Reference Phm lOR 3416, sa9.,'e and cxecpt that part of Part 1, PIB:8. lOR 34 Hi eontained
withiD Plan 10M 835, Municipality of Clarington (formerly Town of Newcastle) in the
Regional Municipality of Durham, Secondly: Parcel 1-1, Section lOM-835 being Lot 1, Plan
10M-835, Municipality of Clarington in the Regional Municipality of Durham.
...
,
..-,....
.. I l
9f~
Schedule "J"
-5-
Area 7A
Registered Owner and address: Schickedanz Brothers Inc.
3311 Bayview Avenue
Suite 105
Willowdale, Ontario M2K 1 G4
Assessment No.:
Legal Description (Land Titles): Firstly: Parcell-I, Section H-50075, in the Municipality
of Claringtonin the Regional Municipality of Durham, formerly in the Town of Bowmanville,
in the County of Durham, being composed of Lots 4, 13, 15, 16, 17, 18, 19, 22, 23, 24 and
25 and Part of Lots 1, 3, 5, 9, 10, 11, 12, 14, 20, 26, 27, 28, 29,30 and 31 on Plan H-50075
being a subdivision of PW~oJ/J:-91. 9 in Concession 1 and Part of Lot 9 in Concession 1 being
Part of Lot 8, Block 2 ~"'Ptan 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,
Secondly: Parcel 75-1, Section lOM-800 being Block 75, Plan lOM-800 of the Municipality
of Clarington, Regional Municipality of Durham,
Thirdly: Parcel 78-1, Section lOM-800 being Block 78, Plan lOM-800 of the Municipality
of Clarington, Regional Municipality of Durham.
Area 8A
Assessment No,: 020-060-15500-0000
Registered Owner and address: Penwest Development Corporation Limited
Douglas K. McMullen
c/o Fogler Rubinoff
Royal Trust Tower, Toronto-Dominion Centre
P,O, Box 95, Stn. Toronto Dominion
Toronto, Ontario
M5K 1G8
Legal Description (Land Titles): Parcel 8-1, Section Block 2, (Hanning Plan)
(Bowmanville), in the Municipality of Clarington, in the Regional Municipality of Durham
being composed of part of Lot 9 in Concession 1 of the Geographic Township of Darlington,
also known as part of Lot 8, Block 2, C,G, Hanning Plan and part of Lots 9, 26 and 27 on
Plan H-50075 of the said Geographic Township of Darlington designated as Parts 1, 2, 3,
4 and 5 on Reference Plan 40R-I4082,
, .
5~
~
A. II j I
Schedule "J"
-6-
Area 8B
Assessment No,: 020-060-25400-0000
Registered Owner and address: Ashdale Capital Corporation Ltd,
c/o John R, Grommett
85 West Beaver Creek Road
Unit 2
Richmond Hill, Ontario
UB 1K4
Legal Description (Registry): Part of Town Lots 5, 9, 10, 11 and 12 and all of Town Lots
6, 7 and 8, Plan H-50075 and Part of Lot 9, Concession 1, Geographic Township of
Darlington, formerly Town of Bowmanville, Municipality of Clarington, Regional
Municipality of Durham, designated as Parts 1, 2, 3 and 4 on Plan lOR-2911.
Area 9B
Assessment No.: 020-060-12010-0000
Registered Owner and address: Sabina Investments Inc,
100 West Beaver Creek Road
Suite 8
Richmond Hill, Ontario
UB 1G5
Legal Description (Land Titles): Parcel A-1, Section Plan 10-701 (Bowmanville), in the
Municipality of Clarington, Regional Municipality of Durham, formerly in the Town of
Bowmanville, County of Durham, being Blocks A, B, C, D, E, G, H, I and Bowtown Court
(as closed by judges order registered as 70097) according to plan 701 registered in the Land
Registry Office for the Registry Division of Newcastle and Part of Block 3 on the North Side
of King Street according to e.G, Hanning's Plan being a subdivision of Lot 10 in Concession
1 of the original township of Darlington designated as Parts 1, 2, 3 and 4 on a Plan of
Survey of Record in the Land Registry Office, Land Titles Division of Newcastle at
Newcastle as lOR-659, save and except for Part of Blocks A, B and I designated as Part 2,
3 and 4 on Plan lOR-3694,
.... ~, . '
, .
#
56$;
~
SCHEDULE "K"
CALCULATION OF THE FRONT-END PAYMENT (RECOVERABLE)
FOR THE SERVICES (RECOVERABLE). OWNER'S SHARE
AND BENEFITING OWNERS' SHARES
~~
~
lJ)
. .
. .
",
.' .
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~
~ ~
~
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r:Q
~ fJ1
~ fJ1
~ ~ ~
0 ~ ~
u i
~
~ 0 fJ1
~ ~ en
~
~ ...:l ~
~ r:Q ~
~ ~ ~
~
...:l ~ 0
;:J ~ 0
0 0
~ 0 U Z
Z -
::x:: ~ Eo-<
U ~ ~ -
. ~
fJ1 Eo-< ~
Z fJ1
0 ~
U ~
~ - r:Q
~ ~ 0
0
~ ~ ~
Eo-< fJ1
~ ~
:I:
- Eo-<
Eo-< ~
fJ1
~ 0
~
TOTAl OF AREAS .. OWNER'S SHARE · AREA NOT FRONT -13\1)
AREA OWNER OR BENEFlllNG OWNER CONmlBUTlNG OF AREA BENEFlllNG NOT INCUDBlIN AMOUNT/(hal PAYMENT
TO SERVICES CONmlBUTlNG AREA BENEFlllNG AREA (RECOVERABLE)
lha\ (ha) lha\ lha\ ($\ ($)
4A&4H UZA DEVELCf'MENTS 8,19 8.19
4B W1LLOWBROOKE GARDENS 6.62 6.62
4C MARCHETTI IN TRUST 11.99 11.99 9,509.70 114,021 ,36
4D MINISTRY OF GOVT. SERVICES 21.49 21,49 9,509.70 204,363.56
4E BELLMAN, GEORGE & JEANNE 0.89 0,89 9,509.70 8,463.64
4F LANGERBERGER, JADWlGA 0.88 0.88 9,509.70 8,368.54
4G DURHAM NON-PROAT 2,02 2.02
SA SCHICKEDANZ BROTHERS UMITED 24,37 24,37
58 McLEAN, DANIEL & SHIRLEY 1.25 1.25 9,509.70 11,887.13
SA VELTRI AND SON 1,15 1.15
613 VELTRI AND SON 1.61 1,61
6C TOWCHESTERDEV. LTD. 0.13 0.13 9,509.70 1,236.26
7A SCHICKEDANZ BROTHERS UMITED 8.28 8,28
SA PENWEST DEVELPOMENT CORP, 6.88 6,88 9,509,70 65,426,77
613 ASHJALE CAPITAL CORP. LID. 0.87 0,67 9,509,70 8.273,44
9A NOR-ARM DEVELOPMENTS 3,61 3.61
9B SABINA INVESTMENTS INC. 3,92 3.92 9,509,70 37.278.04
lOA PENWEST DEVELOPMENT CORP. 7,5 7.5
lOB NOR-ARM DEVELOPMENTS 1.46 1.46
Totals 113.11 32.65 48.30 32.16 $459,318.75
. These Areas are stiJject to registered stiJdivision agreements which provides for the reirrtlursement toward the cost of the services, and are
referred to in section 7, 14(c) of this agreement. They are included in the areas contributing to the M,D,P, for the purposes of Schedule 'E-8' of this
Agreement.
.. The Owner Is responsible for Areas 5A and 7A which contribute to the services. The amounts of the Front-Em Payment allocated to these
Areas are $231 ,751.51 and $78,740.36, respectively for a total of $310,491.87,
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FRONT - ENDING AGREEMENT
(STORMWATER MANAGEMENT WORKS
BENEFITING AREA LOWER WATERSHED OF WEST BRANCH
OF SOPER CREEK SOUTH OF CPR)
THIS AGREEMENT made in quintuplicate as of this 18th day of July, 1994,
BETWEEN:
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THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
- and -
SCHICKEDANZ BROS. LIMITED
- and -
ROYAL BANK OF CANADA
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TABLE OF CONTENTS
.
ARTICLE I - 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
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ARTICLE 6 - INSTALLATION OF SERVICES BY THE OWNER ,,"" 11
6,1 Owner Installs """"'"""""."."""""""". 11
6.2 Completion Dates , , , , , , , , , , , , , , . , , , , , , , , . , , , , , . , . , , , , " 11
6.3 Return of Financial Security """"""""""""""" 12
6,4 Owner's Cost """""'""."""""""""""", 12
ARTICLE 7 - RECOVERY OF FRONT-END PAYMENTS
, (RECOVERABLE) "" ,', , , , , , , , , , , , , , . , , , , . , , , , , . , , , , , , , , " 13
ARTICLE 8 - OBJECTIONS""""""""""""""""""" 17
ARTICLE 9 - INDEMNITY AND REIMBURSEMENT """""",'" 17
ARTICLE 10 - INTEREST ON ARREARS ""'"""""".""", 19
ARTICLE 11 - TERM ",',""""""""""""""""""" 19
ARTICLE 12 - REGISTRATION OF AGREEMENT"""",."""" 19
ARTICLE 13 - FURTHER ASSURANCES.""""""""", , "'" 19
ARTICLE 14 - SUCCESSORS AND ASSIGNS " , , , , , , , , , , , , , , , , , , , " 19
ARTICLE 15 - ACCEPTANCE"""""""".""""""""", 20
ARTICLE 16 - NOTICE , , , , , , , , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , , , " 20
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ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT
21
ARTICLE 18 - INTERPRETATION"""""""""""""""" 21
SCHEDULES TO AGREEMENT
Schedule "A"
"Legal Description of the Lands"
Schedule "B"
"Plans of Benefiting Area"
Schedule "C"
"Legal Description of Retained Lands"
Schedule "D"
Not Used
Schedule "E-I"
"List of Services to be installed by Owner"
Schedule.i"E-2"
"Estimated Cost of Installation of Services"
Schedule "E-3"
"Proportion of Cost of Installation of Services to
be Paid by Owner"
Schedule "E-4"
"Capital Grants, Subsidies or Other Contributions
Anticipated from Other Government Agencies"
Schedule "E-5"
"Estimated Net Capital Cost of Installation of
Services"
Schedule "E-6"
"List of Services in the Agreement for which a
Development Charge is Payable"
Schedule "E.7"
"List of Services in the Agreement which are
Referred to in Subsection 3(7) of the Act"
Schedule "E-8"
"Manner of Calculation of Portion of Front-End
Payment to be Made by Each Benefiting Owner
Respecting Services"
Schedule "F"
"Contributions from Benefiting Developers"
Schedule "G"
Not Used
Schedule "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"
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Front-Ending Agreement
Page 2
FRONT-ENDING AGREEMENT
THIS AGREEMENT made in quintuplicate as of this 18th day of July, 1994,
BET WEE N:
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
- and -
SCHICKEDANZ BROS. LIMITED
(hereinafter called the "Owner")
OF THE SECOND PART
- and -
ROYAL BANK OF CANADA
(hereinafter called the "Mortgagee")
OF THE THIRD PART
WHEREAS:
A. The Owner was the registered and beneficial owner of the Lands identified
in Schedule "A" which Lands are within the Benefiting Area shown on the plans contained
in Schedule "B" atta~hed hereto, Currently the Owner is the registered and beneficial owner
of the portion of the lands identified in Schedule "C" and referred to in this Agreement as
the "Retained Lands" subject to the rights of the Mortgagee under the Mortgage from the
Owner to the Mortgagee dated June 30, 1993 and registered in the Land Registry Office
as Instrument No, LT646312 (the "Mortgage");
B. The Owner represents that there are no encumbrancers other than the
Mortgagee of the Retained Lands,
C. The O~er 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;
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Front-Ending Agreement
Page 3
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 permission to install the Services described herein,
which the Municipality has agreed to 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, 94-120 passed on the 18th day
of July, 1994,
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
covenants hereinafter expressed, and the sum of two ($2,00) dollars of lawful money of
Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
ARTICLE 1 - DEFINITIONS
(1) In this Agreement,
(a) "Act" means the Development Charges Act, R.S,O, 1990, c,D,9, as revised,
re-enacted or consolidated from time to time, and any successor statute,
(b) "Administrative Costs" means the sums of money and costs referred to in
Sections 4(1) and 4(3), attributed to a Service under Section 4(4),
(c) "Agreement" means this Agreement.
(d) "Authorization to Commence Works" means the written permission signed
by the Director of Public Works given to the Owner or the Owner's
Engineer to commence the construction and installation of the Owner
Services pursuant to the Subdivision Agreement.
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(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.
(I) "Contributions" has the meaning attributed to it in Section 7,14(c) of this
Agreement.
(m) "Construction Lien Act" means the Construction Lien Act, R,S,O, 1990 c,
C,30, as revised, re-enacted or consolidated from time to time, and any
successor statute,
(n) "Development Charge" has the meaning attributed to it in the Act.
(0) "Director" means the Director of Public Works for the Municipality or such
other person as the Director may designate from time to time,
(p) "Director of Public Works" means the Municipality's Director of Public
Works or his designate,
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Front-Ending Agreement
Page 5
(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
est#nated 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,
j.
(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) "Hold backs" has the meaning attributed to it in Section 6.4( e) of this
Agreement.
(z) "Immediate Payment Money" has the meaning attributed to it in Section 7,7
of this Agreement.
(aa) "Land Registry Office" means either the Land Registry Office for the Land
Titles Division of Durham (No. 40) or the Land Registry Office for the
Registry Division of Durham (No, 40) as may be appropriate in the context
in which the term is used,
(bb) "Lands" means the lands in the Municipality more particularly described in
Schedule "A",
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Front-Ending Agreement
Page 6
(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 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 as referred to in Section 11 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,
(ll) "Owner's Engineer" means a consulting civil engineer retained by the
Owner who is experienced in performing the duties set out in 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 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
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Front~Ending Agreement
Page 7
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.
j.
(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 'iService" 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.
(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.
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Front-Ending Agreement
Page 8
(ww) "SMW" means a particular Stormwater Management Works referred to in
Schedules "E-l" and "E-6".
(xx) "Term" has the meaning attributed to it in Section 11 of this Agreement.
(YY) . "Treasurer" means the Treasurer of the Municipality.
(zz) "Trust Account" has the meaning attributed to it in Section 7.8(a) of this
Agreement.
(aaa) 'Workers' Compensation Act" means the Workers Compensation Act,
R.S.O. 1990, c.W.11, as revised, re-enacted or consolidated from time to
I
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 AGRE"EMENT
2.1 The Owner represents that Recitals A, B, C. D and F are correct. The Parties
acknowledge that the Services to be installed under this Agreement, the Party responsible
for the installation of the Services, the Services for which a development charge is payable
under the By-law, and the Services which are described in Section 3(7) of the Act, are set
out in Schedules "E-l", "E-6" and "E-7".
2.2 The Parties acknowledge that the Services which are identified on Schedules
liE-I" and "E-6" are required to enable the Benefiting Area to be developed.
2.3 The Parties further acknowledge that under this Agreement:
(a) The Owner shall only be reimbursed by Benefiting Owners in regard to the
Services (Recoverable); and
(b) The Services described in Section 3(7) of the Act are not eligible for
reimbursement hereunder.
2.4 Nothing in this Agreement shall be deemed to derogate in any way from the
provisions of (1) the Subdivision Agreement, (2) an Agreement between the Owner and the
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Front-Ending Agreement
Page 9
Municipality made as of August 10, 1993, and (3) an Agreement between the Owner and
the Municipality and Don Sherk Construction Limited also made as of August 10, 1993.
2.5 Postponement of Mort2a~e
The Mortgagee hereby postpones the Mortgage to this Agreement with the intent
that this Agreemen't 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
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cost shall execute a separate Postponement Agreement containing terms satisfactory to the
Municipality's Solicitor forthwith after being requested to do so by notice given in writing
to the Mortgagee and to deliver the same to the Municipality.
ARTICLE 3. ESTIMATED COST
3.1 The Parties acknowledge and agree that the Estimated Installation Cost of the
Services and the Estimated Net Capital Cost of the Services are set out in Schedules "E-2"
and "E_5", respectively.
ARTICLE 4 . COST OF ADMINISTERING THIS AGREEMENT
4.1 The Owner shall pay to the Municipality the reasonable cost to the
Municipality of administering this Agreement which reasonable cost comprises the cost of
the registration of this Agreement against the title of the Owner to the Lands and the title
of the Benefiting Owners' to their respective lands.
4.2 In addition, the Owner shall pay to the Municipality within thirty (30) days
of the delivery of the invoice therefor all other reasonable costs incurred by the Municipality
of administering this Agreement, including the cost of consultants and studies required by
the Director of Public Works in preparation of this Agreement.
4.3 The Municipality agrees that amounts paid by the Owner under Sections 4(1)
and 4(2) are to be included in calculating the Front-End Payment (Recoverable) for the
Services (Recoverable).
ARTICLE 5 . SECURITY FOR OWNER'S OBLIGATIONS AND COVENANTS
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Front-Ending Agreement
Page 10
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 $1,075,642.72 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
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$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 $1,075,642.72, provided that the Owner shall
maintain the aforesaid Letter of Credit in good standing until the Owner is
entitled to its release under the provisions of the Subdivision Agreement.
5.2 The Municipality shall be entitled to draw upon the Financial Security if it is
not renewed or replaced with another Financial Security at least thirty (30) days prior to its
expiry and all monies received by the Municipality shall be used to secure the due
performance of each of the Owner's obligations and covenants herein contained.
5.3 If the Director of Public Work, at any time and from time to time, determines
that the actual cost of installing a Service may exceed the Estimated Installation Cost in
regard to the Services, or after an objection is made to the Agreement, it may notify the
Owner of the new estimate (the "Revised Estimate") and the Owner shall deliver to the
Municipality, within thirty (30) days of receipt of such notice, an additional or a replacement
Financial Security such that the total amount of the Financial Security held by the
Municipality is then equal to one hundred percent (100%) of the "Revised Estimate" less
the amount of any reduction in the Financial Security which the Municipality may have
permitted under the terms of the Subdivision Agreement.
5.4 If, at any time, the Owner is in default of its obligations and covenants under
the terms of this Agreement, the Municipality shall be entitled, but not obligated, to:
(a) satisfy any outstanding obligations of the Owner under this Agreement; and/or
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Front-Ending Agreement
Page 11
(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.
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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 AgreeIIl:ent. Each of the
Owner Services will be installed in accordance with the Subdivision Agreement.
6.2 Completion Dates
(a) The Owner agrees that the completion dates for installation of the Owner
Services are the following:
(1) SMW from CPR Tracks to Concession Street:
September 15, 1994 or such later date as may be approved by the
Director of Public Works.
(2) SMW from Concession Street to Soper Creek:
September 15, 1994 or such later date as may be approved by the
Director of Public Works.
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Front-Ending Agreement
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(b) If the Owner defaults in the installation of any 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) Mter the completion of the installation of any 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.
6.3 Return of Financial Security
I
Forthwith after the Owner is given a Certificate of Acceptance of the Owner
Services and provided no outstanding claims remain by the Municipality against the Owner
under or arising out of this Agreement and the Owner is entitled to the return of the Letter
of Credit referred to in Section 5.1(2) under the provisions of the Subdivision Agreement,
the Municipality shall return the Letter of Credit to the, Owner.
6.4 Owner's Cost
(a) Forthwith after the Owner is given a Certificate of Acceptance for the Owner
Services, the Owner shall deliver to the Director of Public Works the final statement of the
Reasonable Cost incurred by the Owner for installing the Owner Services for his
consideration and, if appropriate, his approval. 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, for installing the Owner Services.
The Owner shall, if so requested by the Director, permit the Municipality, its employees and
agents, access to its books and records for the purpose of satisfying itself as to the
reasonableness of such costs.
(b) From time to time during the installation of the Owner Services, the
Municipality may request and the Owner shall supp~y an interim statement of the
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Reasonable Cost incurred to date as well as the estimated cost to complete the installation
of the balance of the Owner Services.
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Front-Ending Agreement
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(c) Upon the receipt and approval by the Director of Public Works of the final
Reasonable Cost, the Director 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 ~hich do not comprise part of the Net Capital
Cost of the Owner Services, the Municipality shall refund same to the Owner.
(e) The O~er 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
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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 the
installation of the Owner Services in calculating the portion of the Front-End Payments
(Recoverable) to be made by each Benefiting Owner with respect to the Services in this
Agreement for which a Development Charge is payable.
ARTICLE 7 . RECOVERY OF FRONT.END PAYMENTS (RECOVERABLE)
7.1 Schedule "J" identifies all Benefiting Owners who own land within the
Benefiting Area and sets out the legal description of their lands within the Benefiting Area.
7.2 The plans contained in Schedule "B" show the location of the lands of the
Benefiting Owners within the Benefiting Area.
7.3 Mter the installation of the Owner Services is complete and all costs
pertaining thereto have been determined, the Director of Public Works will determine the
final Front-End Payment (Recoverable) for the Services (Recoverable) and Owner's Share
of the Front-End Payment, and will set the same out in Schedule ilK". The estimated Front-
End Payment (Recoverable) for the Services (Recoverable) is set out in Schedule "L".
7.4 For the Services (Recoverable), as a condition of an approval granted to a
Benefiting Owner in regard to any development on that portion of the Benefiting Owner's
land located within a Benefiting Area during the Term, the Municipality shall require such
Benefiting Owner to pay the Benefiting Owner's portion of the Front-End Payment
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Front-Ending Agreement
Page 14
(Recoverable) for the Services (Recoverable) in accordance with Schedule "K" or Schedule
ilL" 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
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Cost Indexes for 22 cities as published in the Engineering News Record for the most recent
available six month period, the first of such adjustments to be made on April 1, 1995.
7.7 Subject to Section 7.8(a) and 7.8(b), the Municipality shall place all money
received from or on behalf of a Benefiting Owner pursuant to this Agreement which is to
be paid immediately to the Owner or to the Owner's direction (the "Immediate Payment
Money") in a special account and shall, immediately upon receipt of the money, by
registered mail
(a) notify the Owner that the money is available to be paid out; and
(b) request the Owner to give a direction to the Municipality as to whom the
money is to be paid.
7.8 (a) Notwithstanding Section 7.7, the Owner hereby irrevocably authorizes and
directs the Municipality to pay all money received from or on behalf of a
Benefiting Owner respecting the Services (Recoverable) or anyone or more
of them pursuant to and during the term of this Agreement, to the
Municipality to be held in trust by the Municipality in an interest bearing
account (the "Trust Account") with a bank listed in Schedule I of the Bank
Act and to be disbursed by the Municipality in accordance with this Section
7.8(a). The Municipality shall segregate the money paid to it pursuant to this
Section 7.8(a) and interest which accrues thereon into the components of
principal and interest, one for each of the Services (Recoverable). As soon
as is reasonably practicable after the Owner is given a Certificate of
Completion with respect to a Service (Recoverable), the Municipality shall
pay the component of the Trust Account referable to such Service to the
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Front-Ending Agreement
Page 15
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
Own~r, 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
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CompletIon the Municipality shall issue the notice and make the request
referred to in Sections 7.7(a) and 7.7(b), respectively. Upon receipt of a
direction from the Owner, the Municipality shall pay to the person named in
the direction the money received by the Municipality.
7.9 If within ninety (90) days of mailing the notice, the Municipality has not
received a direction from the Owner with respect to Immediate Payment Money, the
Municipality may pay the money owing to the party into the Ontario Court (General
Division ).
7.10 Upon payment of the money into Court, the Municipality shall immediately
notify the Owner by registered mail sent to the Owner's last known address, that
(a) the money has been paid into Court; and
(b) the Owner must apply to the Court for the release of the money.
7.11 If a party, or a successor or assign thereof, has not applied to the Court under
Section 7.10 within twelve (12) months of the mailing of the notice, the Municipality may
apply to the Court for the release of the money to the Municipality.
7.12 The Municipality is required to reimburse the parties to this Agreement only
if and when the money referred to in Section 7.7 is received from a Benefiting Owner and
only in accordance with Sections 7.8 to 7.11 of this Section.
7.13 The Owner hereby agrees that the M~nicipality may, in its discretion, release
to a Benefiting Owner copies of any certificates, reports, contracts or other documents and
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Front-Ending Agreement
Page 16
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
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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, where available, the registration particulars of the subdivision
agreements in question (the "Contributions").
The Owner acknowledges that the amounts of the Contributions in fact are
less than the amounts that would have been achieved if the Benefiting
Developers' lands had been included within the Benefiting Area and the
Benefiting Developers had qualified as Benefiting Owners under this
Agreement and the benefiting area under a Front-ending Agreement of even
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Front-Ending Agreement
Page 17
date between the Owner and the Municipality respecting the stormwater
management works for the benefiting area located within the Lower
Watersheds of West Branch of Soper Creek. 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
dedu~t 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 Owner Services which are
or will be available to the Benefiting Owners under this Agreement and under
the aforesaid Front-ending Agreement respecting the stormwater management
works for the benefiting area located within the Lower Watershed of the West
Branch of Soper Creek. If there is a deficiency resulting, the Owner will be
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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
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Front-Ending Agreement
Page 18
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(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
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(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
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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.
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ARTICLE 11 . TERM
11.1 If no Objection is filed, the Term of this Agreement during which it shall be
operative shall commence on the date this Agreement is fully executed. If an Objection is
filed, the Term of this Agreement shall commence on the date this Agreement is confirmed
by the Municipal Board or, if changes are directed by the Municipal Board, the date on
which all Parties have executed the amendment to this Agreement giving effect to such
changes. The Term, of this Agreement shall expire on the twentieth (20) anniversary of the
date on which the Term commenced. The Parties hereto agree that this Agreement shall
continue in full force and effect despite any expiry or repeal of the By-law or the enactment
or any replacement or amending By-law.
ARTICLE 12 . REGISTRATION OF AGREEMENT
12.1 The Owner and the Mortgagee acknowledge that this Agreement may be
registered by' the Municipality, at the expense of the Owner, in the Land Registry Office
against the title to the Retained Lands and any other lands in the Benefiting Area, and
consent to such registration.
12.2 This Agreement shall run with and bind the Retained Lands and any other
lands within the Benefiting Area against the title to which this Agreement is registered.
12.3 It is hereby agreed by and between the parties hereto that upon compliance
with all the provisions of this Agreement by the Owner on the expiry of the Term, the
Municipality will issue to the Owner a certificate adequate for registration consenting to the
removal of this Agreement from title to the Retained Lands.
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Front-Ending Agreement
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ARTICLE 13 . FURTHER ASSURANCES
13.1 The Owner and the Mortgagee shall execute such further assurances as may
reasonably 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
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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
BowmanviIIe, Ontario
LIC 3A6
Attention: Director of Public Works
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Front-Ending Agreement
Page 21
AND TO:
Schickedanz Bros. Limited
3311 Bayview Avenue
Suite 105
Willowdale, Ontario M2K IG4
AND TO:
Royal Bank of Canada
Corporate Banking - Real Estate
20 King Street West
2nd Floor
Toronto, Ontario M5H lC4
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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.
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Front-Ending Agreement
Page 22
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.
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.
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18.11 All agreements herein contained, though not expressed to be covenants, shall
be deemed to be covenants.
18.12 The Schedules attached to this Agreement form part of this Agreement and
are deemed to be included as part of the text of this Agreement.
IN WITNESS WHEREOF the parties have executed this Agreement under seal.
SIGNED, SEALED AND
DELIVERED
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In the Presence of:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
by: ,@~~~
Title: Mayor '
Name: Di e Ha
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SCHICKEDANZ BROS. LIMITED
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by:
Title:
Nam :
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by:
Title:
Name:
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Front-Ending Agreement
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-
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.
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ADA
>,;":-;:
by:>':/
Title:
Name:
REG D.~
ACC~GER.
Page 23
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SCHEDULE "A"
LEGAL DESCRIPTION OF LANDS
(Registered Plans lOM-829 and lOM-830 and the lands subject to 18T-89065)
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 lOR-3434 save
and except for the lands laid out by Plans lOM-829 and lOM-830.
Secondly: All Parcels in Section lOM-829 being all of the lands layout by Plan 10M-829
Municipality of Clari~gton, Regional Municipality of Durham.
Thirdly: All Parcels in Section lOM-830 being all of the lands layout by Plan 10M-830
Municipality of Clarington, Regional Municipality of Durham.
Fourthly: Parcell-I, Section H-50075, in the Municipality of Clarington in the Regional
Municipality of Durham, formerly in the Town of Bowmanville, in the County of Durham,
being composed of Lots 4, 13, 15, 16, 17, 18, 19, 22, 23, 24 and 25 and Part of Lots 1, 3, 5,
9, 10, 11, 12, 14, 20, 26, 27, 28, 29, 30 and 31 on Plan H-50075 being a subdivision of Part
of Lot 9 in Concession 1 and Part of Lot 9 in Concession 1 being Part of Lot 8, Block 2 of
the Plan of the Geographic Township of Darlington, formerly Bowmanville, and part of the
unnamed streets on Plan H-50075 and stopped up and closed by By-law No. 89-66 of The
Corporation of the Town of Newcastle registered as Instrument No. 152049 designated as
Part 1 on Reference Plan 10R-4076.
Fifthly: All Parcels in Section lOM-SOO being all of the land laid out by Plan lOM-SOO,
Municipality of Clarington, Regional Municipality of Durham.
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TOTAL OF AREAS ** OWNER'S SHARE * AREA NOT
AREA OWNER OR BENEFITING OWNER CONTRIBUTING OF AREA BENEFITING NOT INCLUDED IN
TO SERVICES CONTRIBUTING AREA BENEFITING AREA
(ha) (ha) (ha) (ha)
4A&4H L1ZA DEVELOPMENTS 8.19 8.19
48 WILLOW8ROOKE GARDENS 6.62 6,62
4C MARCHETTI IN TRUST 11.99 11.99
4D MINISTRY OF GOVT. SERVICES 21.49 21.49
4E BE~N.GEORGE&JEANNE 0.89 0.89
4F LANGERBERGER, JADWIGA 0.88 0.88
4G DURHAM NON-PROFIT 2.02 2.02
5A SCHICKEDANZ BROTHERS LIMITED 24.37 24.37
5B McLEAN. DANIEL & SHIRLEY 1.25 1.25
6A VELTRI AND SON 1.15 1.15
6B VELTRI AND SON 1.61 1.61
6C TOWCHESTER DEV. LTD. 0.13 0.13
7A SCHICKEDANZ BROTHERS LIMITED 8.28 8,28
8A PENWEST DEVELPOMENT CORP. 6.88 6.88
8B ASHDALE CAPITAL CORP. LTD. 0.87 0.87
9A NOR-ARM DEVELOPMENTS 3.61 3.61
9B SABINA INVESTMENTS INC. 3.92 3.92
10A PENWEST DEVELOPMENT CORP. 7.5 7.5
10B NOR-ARM DEVELOPMENTS 1.46 1.46
T atals 113.11 32.65 48.30 32.16
* These Areas are subject to registered subdivision agreements which provides for the reimbursement toward the cost of the services, and are
referred to in section 7.14(c) of this agreement. They are included in the areas contributing to the M.D.P. for the purposes of Schedule "E-8" of this
Agreement.
** The Owner is responsible for Areas 5A and 7 A which contribute to the services. The amounts of the Front - End Payment allocated to these
Areas are $231,751.51 and $78,740,36, respectively for a total of $31 0,491.87.
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SCHEDULE "C"
LEGAL DESCRIPTION OF RETAINED LANDS
Firstly: Part ~f Parcel 10-1, Section Con, 2 (Bowmanville) being Lots 22 and 24 and Part of
Lots 21 and 23 in Block A according to GG, 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 10M-830.
Secondly: Lands in Section IOM-829 being Plan 10M-829, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Parcel
5-1
15-1
16-1
17-1
18-1
19-3
20-1
21-1
58-1
62-1
63-1
64-1
65-1
67-1
68-1
69-1
75-1
76-1
89-1
90-1
91-1
92-1'
93-1
94-1
95-1
96-1
97-1
I,
Lot
Lot 5
Lot 15
Lot 16
Lot 17
Lot 18
Part Lot 19 designated as Part 2 on Plan 40R-15528
Lot 20
Lot 21
Lot 58
Lot 62
Lot 63
Lot 64
Lot 65
Lot 67
Lot 68
Lot 69
Lot 75
Lot 76
Lot 89
Lot 90
Lot 91
Lot 92
Lot 93
Lot 94
Lot 95
Lot 96
Lot 97
"
,
.
. \
. ,
Schedule "C"
98-1
99-1 to 101-1 inclusive
103-1 to 109-1 inclusive
114-1
115-1
128-1
133-1 to 140-1 inclusive
143-1
-2-
Lot 98
Lots 99-101 inclusive
Lots 103-109 inclusive
Lot 114
Lot 115
Lot 128
Lots 133 to 140 incI usive
Block 143
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 22-1 inclusive
23'-3
26-1 to 55-1 inclusive
57-1
66-1
74-1 to 92-1 inclusive
95-1
96-1
97.1
Lot
1 to 22 inclusive
Part Lot 23 designated as Part 4 0 Plan 40R-14954
Lots 26 to 55 inclusive
Lot 57
Lot 66
Lot 74 to Lot 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,
Fifthly: Parcel 75-1, Section lOM-800 being Block 75, Plan lOM-800 of the Municipality of
Clarington, Regional Municipality of Durham.
).
"
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.
Schedule "e"
-3-
, ,
Sixthly: Parcel 78-1, Section 18M-800 being Block 78, Plan 10M-800 of the Municipality of
Clarington, Regional Municipality of Durham,
\,
,
:'
SCHEDULE "E.1"
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 water
quantity detention pond and appurtenances to be located south of the CPR tracks which are
hereby deemed to be of benefit to the Benefiting Area, These Services are described in
Appendix "B" to the Cost Sharing Report and Back-Up Documentation for the
Implementation of the Master Drainage Plan for the West Branch of the Soper Creek 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. The Services
are more particularly described in the Engineering Drawings for these works prepared by
Marshall Macklin Monaghan Limited dated June 3, 1993 as finally approved by and on file
with the Director of Public Works,
Estimated Cost of
Estimated Total Installation of Works Estimated Cost of
stormwater Management Works Description Installation Cost of for Upper and Lower Installation of Services
Works Watershed For Benefitina Area
1. SMW From CPR Tracks to Apple Blossom Blvd.
Channel from CPR Tracks to Apple Blossom Blvd.
Estimated Cost..........,.., $185,500.00 $185,500.00
2. SMW From Concession Street to Soper Creek
Contract A: Channelization (1993) $299,412.75 $299,412.75
a) Water Quantity Facilty including Landscape Planting $746,7n.92 $746,n7.92
b) Water Quality Facilty including Landscape Planting $510,451.08 $510,451.08
Construction Cost for SMW Facility to date $19,000.00 $19,000,00
Estimated Cost.............. $1,575,641.75 $828,863.83 $746,777.92
3. Easements and Miscellaneous
Estimated Cost.............. $294,500.00 $294,500.00
4. Legal Surveying
Estimated Cost.............. $47,000.00 $47,000.00
5. Engineering Fees
Estimated Cost.............. $474,335.06 $273,202.50 $201,132.56
6. Legal Fees
Estimated Cost.............. $83,100.00 $83,100.00
7. Provision of Letters of Credit and Bonding
Estimated Cost........, ..... $61,371.82 $61,371.82
8. Town Inspection Fees
SMW From CPR Tracks to Apple Blossom Blvd. (2"A.) $185,500.00 $3,710.00 $3,710.00
SMW Fro m Concession Street to Soper Creek
Contract A: Channelization (1993) (2.5%) $299,412.75 $7,485.32 $7,485.32
a) Water Quantity Fac11ty including Landscape Planting (2.5%) $746,7n.92 $18,669.45 $18,669.45
b) Water Quality Facilty including Landscape Planting (2.5%) $510,451.08 $12,761.28 $12,761.28
Construction Cost for SMW Facility to date (2.5%) $19,000.00 $475.00 $475.00
Estimated Cost.............. $43,101.04 $24,431.60 $18,669.45
9. Financing Charges (from 1987 to July 18, 1994)
Estimated Cost.............. $257,205.03 $148,142.24 $109,062.79
10. Administration of Agreement
Estimated Cost.............. $30,000.00 $30,000.00
Total Estimated Costs $3,051,754.70 $1,S76,111.98 $1,075,642.72
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SCHEDULE "E_3"
PROPORTION OF COST
OF INSTALLATION OF SERVICES
TO BE PAID BY OWNER
One hundred (100%) percent of the cost of installation of the Services.
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SCHE;DULE "E.4"
CAPITAL GRANTS, SUBSIDIES OR OTHER CONTRIBUTIONS
ANTICIPATED FROM OTHER GOVERNMENT AGENCIES
None
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Estimated Net
Stormwater Management Works Description Capital Cost
1. SMW From CPR Tracks to Apple Blossom Blvd.
Channel from CPR Tracks to Apple Blossom Blvd.
Estimated Cost.......,..,...
2. SMW From Concession Street to Soper Creek
Contract A: Channelization (1993)
a) Water Quantity Facilty including Landscape Planting $746,777.92
b) Water Quality Facilty including Landscape Planting
Construction Cost for SMW Facility to date
Estimated Cost... ...... ..... $746,777 .92
3. Easements and Miscellaneous
Estimated Cost..............
4. Legal Surveying
Estimated Cost..............
5. Engineering Fees
Estimated Cost........,..... $201,132.56
6. Legal Fees
Estimated Cost..............
7. Provision of Letters of Credit and Bonding
Estimated Cost..............
8. Town Inspection Fees
SMW From CPR Tracks to Apple Blossom Blvd. (2",,(,) $185,500.00
SMW From Concession Street to Soper Creek
Contract A: <;:hannelization (1993) (2.5%) $299,412.75
a) Water Quantity Facilty including Landscape Planting (2.5%) $746,777.92 $18,669.45
b) Water Quality Facilty including Landscape Planting (2.5%) $510,451.08
Construction Cost for SMW Facility to date (2.5%) $19,000.00
Estimated Cost.............. $18,669.45
9. Financing Charges (from 1987 to July 18. 1994)
Estimated Cost... '..... ,.... $109,062.79
10. Administration of Agreement
Estimated Cost...,..........
Estimated Net Capital Cost of Services $1,075,642.72
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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 water
quantity detention pond and appurtenances to be located south of the CPR tracks which are
hereby deemed to be of benefit to the Benefiting Area, These Services are' described in
Appendix "B" to the Cost Sharing Report and Back-Up Documentation for the
Implementation of the Master Drainage Plan for the' West Branch of the Soper Creek 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. The Services
I
are more particularly 'described in the Engineering Drawings for these works prepared by
Marshall Macklin Monaghan Limited dated June 3, 1993 as finally approved by and on file
with the Director of Public Works.
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SCHEDULE "E-7"
LIST OF SERVICES IN THE AGREEMENT WHICH
ARE REFERRED TO IN SUBSECTION 3(7) OF THE ACT
None
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SCHEDULE "E-8"
MANNER OF CALCULATION OF PORTION OF
FRONT. END PAYMENT TO BE MADE BY EACH
BENEFITING OWNER RESPECTING SERVICES
Summary
Summary of Areas contributing to the installation of Services,
Area
(Shown on plans in Schedule B)
4
5
6
7
8
9
10
Hectares
52.08
25.62
2,89
8,28
7.75
7,53
8,96
Total Ground Area 113.11
Total Estimated Net Capital Cost of Services $1,075,642.72
Cost of Services Per Hectare $9,509.70
The estimated Net Capital Cost of the Owner's Services shown on Schedule "E-S" is
$1,075,642.72. 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 113.11 ha, The
Benefiting Area showing on the plans contained in Schedule "B" is 48.30 ha. The portion
of the Front-End Payment (Recoverable) allocated to each Area within the Benefiting Area
is the product achieved by multiplying the ground area of each such Area in hectares by the
amount of $9,509.70. The portion of the Front-End Payment (Recoverable) allocated to
each of the Lands and the Areas shown on the plans contained in Schedule "B" which are
not included in the Benefiting Area is achieved by multiplying the area of the Land and
such Areas in hectares respectively by the amount of $9,509.70,
,
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SCHEDULE "F"
CONTRIBUTIONS FROM BENEFITING OWNERS
AMOUNT
COLLECTED
BENEFITING DEVELOPER PLAN MAP (AREA) AREA (ha) OR SECURED
Newcastle Meadows (Phase 1) 10M -835 2(B) 5.58 $111,600
Northeast Bowmanville 18T -89041 2(C) 1.24 $85,620
Liza Dev. (includes LD041-
-044/90) 40M -1688 4(A) & 8.19 $163,860
4(H)
Ashdale Capital Corporation 4OM-1676 4(B) 6,62 $132,400
Durham Non-Profit 4(G) 2.02 $40,400
Veltri - Liberty/Concession 40M -1680 6(A) 1.15 $23,000
Veltri - High Street 18T -84035 6(B) 1.61 $40,400
Penwest Developments 10M -804 10(A) 7.50 $146,400
Nor-Arm 10M -837 9(A) 3.61 $74,400
Nor-Arm 10M -838 lO(B) 1.46 $28,600
TOTAL 38.98 $846,680
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SCHEDULE ".T"
BENEFITING OWNERS WITHIN THE BENEFITING AREA
AND THE LEGAL DESCRIPTION OF THEIR LANDS
Area 4C
Assessment No,: 020-060-10805-0000
Registered Owner and address:
I,
Marchetti, Emily, In Trust (as to an undivided
Three-Fifths Interest)
Deminico, Anthony, In Trust (as to the remaining
undivided Two-Fifths Interest)
c/o Anne Marie Marchetti
Barristers and Solicitors
12 Karen Ann Crescent
Scarborough, Ontario
MIG 1M3
Legal Description (Land Titles): Parcel Con, 2-9-1, Section Darlington, in the Municipality
of Clarington, in the Regional Municipality of Durham, being composed of part of Lot 9 in
Concession 2 of the Geographic Township of Darlington, designated as Part 1 on Reference
Plan 40R-15339.
Area 4D
Assessment No,: 020-060-17810-0000
Registered Owner and address: Ontario Land Corporation
Ministry of Government Services management Branch
15th Floor, 77 Bay Street
Toronto, Ontario
M5G 2E5
Legal Description (Land Titles): Remainder of Parcel 8-3, Section Con. 2, Newcastle
(Darlington), in the Municipality of Clarington, in the Regional Municipality of Durham,
being that part of Lot 8 in Concession 2 of the original Township of Darlington, in the
County of Durham, designated as Parts 1 and 2 on a Plan of Survey of record in the Land
Registry Office (no. 10), Land Titles Division of Newcastle at Newcastle as 10R-575, save
and except the lands now comprising Parcels 8-5, Section Con, 2 (Darlington) and Parcel
8-4, Section Con. 2 Newcastle (Darlington).
Area 4E
Assessment No: 020-060-11300-0000
Registered Owner and address: George Edward Bellman and Jeanne H. Bellman
24 Liberty Place
Bowmanville, Ontario
Legal Description (Registry): Part of the north half of Lot 8, Concession 2, lying south of
the Canadian Pacific Railway Right of Way, ALL AND SINGULAR that certain parcel or
tract of land and premises situate, lying and being in the Town of Bowmanville, in the
County of Durham, in the Province of Ontario, and being composed of part of the North
one-half of Lot 8 in the Second Concession lying South of the Canadian Pacific Railway
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Schedule "J"
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right-of-way in the Township of Darlington now within the limits of the said Town of
Bowmanville, described as follows:
PREMISING that the Westerly limit of said Lot 8 has a bearing of North 16 degrees West
and relating all bearings herein thereto;
COMMENCING at the point of intersection of a fence running Easterly with the Westerly
limit of said Lot 8 as marked by an iron bar, said iron bar distant Southerly in the last-
mentioned limit thirty-four hundred and thirty-five and three-tenths feet (3435.3') from the
North-Westerly angle of said Lot 8;
THENCE North 74 degrees 14 minutes East along the said fence marking the centre line
of said Lot 8 a distance of twelve hundred and ten feet (1210') to an iron bar;
THENCE North 23 degrees 45 minutes West a distance of five hundred and fifty-three and
twenty-two one-hundredths feet (553.22') to an iron bar planted in the Southerly limit of the
Canadian Pacific Railway right-of-way;
,
THENCE Westerly along the said Southerly limit, being a curve to tbe left, said curve
having a radius of 1800 feet, a chord of 376.5 feet and a chord bearing of South 70 degrees
19 minutes West, an arc distance of three hundred and seventy-seven and two-tenths feet
(377.2') to an iron bar planted in the line of a fence running Northerly;
THENCE North 22 degrees 17 minutes West continuing along the Southerly limit of said
railway right-of-way and along the said fence a distance of fifty feet (50') to an iron bar;
THENCE Westerly along the Southerly limit of the said railway right-of-way being a curve
to the left, said curve having a chord equivalent of South 51 degrees West 819.3 feet a
distance of eight hundred and twenty-five feet (825') more or less to an iron bar planted at
the point of intersection with the Westerly limit of said Lot 8;
THENCE South 16 degrees East along the Westerly limit of said Lot 8 a distance of two
hundred and forty-eight and sixty-two one-hundredths feet (248.62') more or less to the
POINT OF COMMENCEMENT,
Containing 12.92 acres, more or less,
SUBJECT to the easement created by Registered Agreement No, 10785 made between
Charles A. Wight and The c.L.O, & Western Railway and its lessee Canadian Pacific
Railway Company.
As described in Instrument No. N23202.
Area 4F
Assessment No: 020-060-10625-0000
Registered Owner and address: Fujarczuk, William (70% interest)
Langenberger, Jadwiga (executrix of Langenberger,
Roman Stanislaw 30% interest)
2275A Royal Windsor Drive
Mississauga, Ontario
L5J 1K5
Legal Description (Land Titles): Parcel 2-1, Section H-50077, being composed of Part of
Lots 2, 96, 97 and 98 and part of Lots 4 and 95, Block E on Plan H-50077, being a
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Schedule "J"
. -3-
subdivision of part of Lot 9 in Concession 2 of the Geographic Township of Darlington,
Municipality of Clarington, Regional Municipality of Durham, designated as Part 3 on
Reference Plan 10R-3976,
Area SA
Registered Owner and address: Schickedanz Brothers Inc.
3311 Bayview Avenue
Suite 105
Willowdale, Ontario M2K 1 G4
Assessment No.:
Legal Description (Land Titles): Firstly: Part of Parcel 10-1, Section Con. 2 (Bowmanville)
being Lots 22 and 24 and Part of Lots 21 and 23 in Block A according to CG. Hanning's
Plan being a subdivisism 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 lOM-829, Municipality of Clarington,
Regional Municipality of Durham being the Parcels and Lots set out below:
Parcel
5-1
15-1
16-1
17-1
18-1
19-3
20-1
21-1
. 58-1
62-1
63-1
64-1
65-1
67-1
68-1
69-1
75-1
76-1
89-1
90-1
91-1
92-1
93-1
94-1
95-1
96-1
97-1
98-1
99-1 to 101-1 inclusive
103-1 to 109-1 inclusive
114-1
115-1
Lot
Lot 5
Lot 15
Lot 16
Lot 17
Lot 18
Part Lot 19 designated as Part 2 on Plan 40R.;15528
Lot 20
Lot 21
Lot 58
Lot 62
Lot 63
Lot 64
Lot 65
Lot 67
Lot 68
Lot 69
Lot 75
Lot 76
Lot 89
Lot 90
Lot 91
Lot 92
Lot 93
Lot 94
Lot 95
Lot 96
Lot 97
Lot 98
Lots 99-101 inclusive
Lots 103-109 inclusive
Lot 114
Lot 115
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Schedule "J"
128-1
133-1 to 140-1 inclusive
143-1
-4-
Lot 128
Lots 133 to 140 inclusive
Block 143
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 22-1 inclusive
23-3
26-1 to 55-1 inclusive
57-1
66-1
74-1 to 92-1 inclusive
95-1
96-1
97-1
Area 5B
Assessment No,: 020-060-05200-0000
Lot
1 to 22 inclusive
Part Lot 23 designated as Part 4 0 Plan 40R-14954
Lots 26 to 55 inclusive
Lot 57
Lot 66
Lot 74 to Lot 92 inclusive
Block 95
Block 96
Block 97
Registered Owner and address: Mclean, Daniel Neale
McLean, Shirley Ann
175 Liberty Street North
Bowmanville, Ontario
LIC 2M2
Legal Description (Registry): Part of Lots 2 and 3 and Unnamed Lane, Block "A",
according to C.G. Hanning Plan of Part of Lot 10, Concession 2, (former Town of
Bowmanville) Municipality of Clarington, Regional Municipality of Durham, now designated
as Part 1, Plan lOR-1712,
Area 6C
Assessment No: 020-050-03475-0000
Registered Owner and address: Towchester Developments Limited
c/o Valiant Property Management
177 Nonquon Road
20th Floor
Oshawa, Ontario
LIG 3S2
Registered Owner: Towchester Developments Limited
Legal Description (Land Titles): Firstly: Remainder of Parcel 11-2, Section Con, 2,
Municipality of Clarington (formerly Town of Bowmanville), being composed of Part of Lot
11, Concession 2, and Part of Lots 14 and 16 according to Hambly Plan (by L.H. Shortt) of
Part of Lot 12, Concession 2, of the Geographic Township of Darlington, designated as Part
Ion Reference Plan lOR-3416, save and except that part of Part 1, Plan lOR-3416 contained
within Plan 10M-835, Municipality of Clarington (formerly Town of Newcastle) in the
Regional Municipality of Durham, Secondly: Parcell-I, Section 10M-835 being Lot 1, Plan
lOM-835, Municipality of Clarington in the Regional Municipality of Durham.
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Schedule "J"
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Area 7 A
Registered Owner and address: Schickedanz Brothers Inc.
3311 Bayview Avenue
Suite 105 '
WiIlowdale, Ontario M2K 104
Assessment No.:
Legal Description (Land Titles): Firstly: Parcel 1-1, Section H-50075, in the Municipality
of Claringtonin the Regional Municipality of Durham, formerly in the Town of Bowmanville,
in the County of Durham, being composed of Lots 4, 13, 15, 16, 17, 18, 19, 22, 23, 24 and
25 and Part of Lots 1, 3, 5, 9, 10, 11, 12, 14, 20, 26, 27, 28, 29, 30 and 31 on Plan H-50075
being a subdivision of Part of Lot 9 in Concession 1 and Part of Lot 9 in Concession 1 being
Part of Lot 8, Block 2 of the Plan of the Geographic Township of Darlington, formerly
j,
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'1OR-4076,
Secondly: 'Parcel 75-1, Section 1OM-800 being Block 75, Plan 1OM-800 of the Municipality
of Clarington, Regional Municipality of Durham,
Thirdly: Parcel 78-1, Section 18M-800 being Block 78, Plan 10M-800 of the Municipality
of Clarington, Regional Municipality of Durham.
Area SA
Assessment No.: 020-060-15500-0000
Registered Owner and address: ,Penwest Development Corporation Limited
Douglas K. McMullen
c/o Fogler Rubinoff
Royal Trust Tower, Toronto-Dominion Centre
P,O, Box 95, Stn, Toronto Dominion
Toronto, Ontario
M5K 1 G8
Assessed Area: 10,69 acres
Legal Description (Land Titles): Parcel 8-1, Section Block 2, (Hanning Plan)
(Bowmanville), in the Municipality of Clarington, in the Regional Municipality of Durham
being composed of part of Lot 9 in Concession 1 of the Geographic Township of Darlington,
also known as part of Lot 8, Block 2, e.G. Hanning Plan and part of Lots 9, 26 and 27 on
Plan H-50075 of the said Geographic Township of Darlington designated as Parts 1, 2, 3,
4 and 5 on Reference Plan 40R-14082.
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Schedule "J"
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Area 8B
Assessment No,: 020-060-25400-0000
Registered Owner and address: Ashdale Capital Corporation Ltd,
c/o John R. Grummett
85 West Beaver Creek Road
Unit 2
Richmond Hill, Ontario
14B lK4
Legal Description (Registry): Part of Town Lots 5, 9, 10, 11 and 12 and all of Town Lots
6, 7 and 8, Plan H-50075 and Part of Lot 9, Concession 1, formerly Town of Bowmanville,
now Municipality of Clarington, Regional Municipality of Durham, designated as Parts 1,
2, 3 and 4 on Plan lOR-2911.
Area 9B
Assessment No.: 020-060-12010-0000
Registered Owner and address: Sabina Investments Inc.
100 West Beaver Creek Road
Suite 8
Richmond Hill, Ontario
UB IG5
Legal Description (Land Titles): Parcel A-I, Section Plan 10-701 (Bowmanville), in the
Municipality of Clarington, Regional Municipality of Durham, formerly in the Town of
Bowmanville, County of Durham, being Blocks A, B, C, D, E, G, H, I and Bowtown Court
(as closed by judges order registered as 70097) according to plan 701 registered in the Land
Registry Office for the Registry Division of Newcastle and Part of Block 3 on the North Side
of King Street according to c.G, Hanning's Plan being a subdivision of Lot 10 in Concession
1 of the original township of Darlington designated as Parts 1, 2, 3 and 4 on a Plan of
Survey of Record in the Land Registry Office, Land Titles Division of Newcastle at
Newcastle as 10R-659.
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SCHEDULE "K"
CALCULATION OF THE FRONT-END PAYMENT (RECOVERABLE)
FOR THE SERVICES (RECOVERABLE), OWNER'S SHARE
AND BENEFITING OWNERS' SHARES
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TOTAL OF AREAS .. OWNER'S SHARE * AREA NOT FRONT-END
MEA OWNER OR BENEFlllNG OWNER CONlRIBUllNG OF AREA BENEFlllNG NOT INCUDID IN AMOUNT/{ha) PAYMENT
TO ~~CES CONTRIBUllNG ~~ BENEFI~\G AREA (RECO~LE)
!ha\ ($)
4A&4H UZA DEvaCFMENTS 8,19 8,19
48 W1LLOWBROOKE GARDENS 6,62 6,62
4C MARCHETTlIN TRUST 11,99 11.99 9,509,70 114,021,36
40 MINISTRY OF GOVT. SERVICES 21.49 21.49 9,509,70 204,363,56
4E BaLMAN, GEORGE & JEANNE 0,89 0.89 9,509,70 8,463,64
4F LANGERBERGER,JADWlGA 0,88 0,88 9,509,70 8,368,54
46 DURHAM NON-PROAT 2,02 2,02
SA SCHlCKEDANZ BROTHERS UMITID 24,37 24,37
58 McLEAN, DANIEL & SHIRLEY 1,25 1.25 9,509.70 11,887.13
M va lRI AND SON 1,15 1.15
68 va lRI AND SON 1.61 1,61
6C TOWCHESTERDEV, LID, 0,13 0,13 9,509,70 1,236.26
7A SCHlCKEDANZ BROTHERS UMI TED 8,28 8,28
SA PENWEST DEVELPOMENT CORP. 6,88 6,88 9,509,70 65.426,n
8B ASI-DALE CAPITAL CORP, LTD. 0,87 0,87 9,509.70 8,273,44
SA NOR-ARM DEVELOPMENTS 3,61 3,81
9B SABINA INVESTMENTS INC, 3,92 3,92 9,509,70 37,278,04
lOA PENWEST DEVELOPMENT CORP, 7,5 7,5
108 NOR-ARM DEVaOPMENTS 1,46 1,46
Totals 113.11 32.65 <48.30 32.16 $459.318.75
. These Areas are slbject to registered slbdivision agreements which provides for the reirrtlursement toward the cost of the services, and are
referred to in section 7,14(c) of this agreement, They are included in the areas contributing to the M.DP. for the purposes of Schedule 'E-8' of this
Agreemert,
.. The Owner is responsible for Areas 5A and 7A which contribute to the services, The amounts of the Front-Ern Payment allocated to these
Areas are $231.751,51 and $78,740,36, respectively for a total of $310,491,87,
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