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HomeMy WebLinkAbout95-134 r ti THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 95-134 being a by-law to amend By-law 88-93, as amended, being a by-law to authorize the entering into of an agreement with Schickedanz Brothers Limited and the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington approved the recommendations contained in Report WD-32-95 on July 17, 1995, which amended the recommendations containted in Report WD-44-94, NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1 . THAT By-law 88-93, as amended, be amended as follows: THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporate Seal, an agreement to amend the Subdivision Agreement between the Municipality and Schickedanz Brothers Limited dated July 18, 1989 to release the Municipality from performance of its obligation to endeavour to collect contributions from benefiting owners under paragraph 5.27 and Schedule "P" of the Subdivision Agreement to be effective in respect of the particular "Works" referred to in a front-ending agreement which is authorized by Recommendations 5(a) to (d) (1) when the particular front-ending agreement comes into effect under the Development Charges Act, (2) the indemnity agreement referred to in Recommendation 5(e) has been executed, and (3) the payment(s) referred to in the indemnity agreement referable to the front-ending agreement(s) which have come into effect, has been made to Schickedanz Brothers Limited. By-law read a first and second time this 25th day of September, 1995. By-law read a third time and finally passed this 25th day of September, 1995. .a Mayor j :Xrk y Shibley Righton Barristers & Solicitors RICHARD E SHIBM,Q.C, RUPEQRT F.RIGHTON,Q.C. HAROLD H.ELUOTT,Q.0 t s NICI DENNIS C.HEFFERON DONALD K,ROBINSON,Q-C, LESLIE S,MASON BARRY S WORTZMAN,Q.C. JOHN P.BELL MICHAEL FRZPATRICK,Q.C. DIRECT LINE:(416)214-5240 GEORGE CORN V.ROSS MORRISON LINDA S.BOHNEN MICHAEL C.BIRIEY PunER C.WILLIAMS PAUL Ii MdNNIS PETER G.NEILSON CLIFFORD I.COLE JONATHAN H.FLANDERS FAX-(416)214-5438 CHARLES SD4O0 THOMAS A.STEFANIK WILLIAM L NORTHCOTE HELDEflR M.TRAVASSOS PETER V.RAYTEK J.JAY RUDOLPH MARTIN J.HENDE RSON NICHOLAS T.MACOS RICHARD E.COLES ALEXANDER P.TORGOV CHARLES M.GASTIE PHILIP P.HEAL" CHARLES G.T.WIM J.PAUL R.HOWARD LEONARD D.RODNESS SANDRA E DAWB LINDA J.GODEL JANIS E INGRAM BOX 32-401 BAY STREET CHR inm M.SILVERSIDES THOMAS MdRAE JAMES W.BUSSIN TORONTO,CANADA CRAIG A.LEWIS JENNIFER L PERRY WILLIAM A.CHALMERS MM 2Z1 ELIZABETH G.MARTEN KENO CHAN DEZ WINDISCHMANK(1970-1995) SUITE 1800 COUNSEL THE SIMPSON TOWER MARTIN L OBRiiENV,Q.C. BARRY D.UPSON,Q.C. November 2, 1995 File No. 9100431 Marie P. Knight, Deputy Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Ms. Knight: Re: Corporation of the Municipality of Clarington - Upfront ending Agreements with Schickedanz Bros. Limited As reported in our earlier correspondence,we had only one certified copy of By-law 95-134 for registration. We have now received a certified copy of the registration of that by-law which was completed on October 2, 1995 as Instrument No. LT733918. This certified copy is enclosed. Yours truly, SH BLEY RIGHTON ` t3ir ' ... Nicholas T. Macos r •. .,_�_ __._..._.._.T,,. _.._. . , NTM/lcs T.., �._... ._._.. F � t R Enclosure i t t ' F i Province''�' �n�°Document Gener by Do Ontario Form 4— Land R istration Reform by954M.d D N,el— (1) Reytstry ❑ land Tides ® (2) Page 1 of 4 pages (s) Pro CC to klentiifier(s) Block Property .—, r' schedule C, a� = (4) Nature of Document c', r �. BY-LAW ra J �� " (s) Consideration Z I 0 a Q Dollars$ J (6) Description W w u, Firstly: The lands in Section 1OM-829, being Plan 10M-829, m Municipality of Clarington,Regional Municipality of Durham, being the Parcels and Lots more particularly described in g Schedule "1" hereto. LL Secondly: The lands in Section 1OM-830,being Plan 1OM-830, Now Property kisntHisrs Municipality of Clarington,Regional Municipality of Durham, See being the Parcels and Lots more particularly described in Schedule ❑ Schedule "1"hereto. M This (a)Redescription (b)Schedule for: �k": �u New Easement Additional sa»duw ❑ Contains: Plan/Sketch ❑ Description IN Parties ❑ Omer ❑ (S) This Document provides as follows: l��iv?`l�`:�, `rc���.A�r�ur� c®RV®� See attached Certified By-Law No.95-134. - 7 QAQ ._ ..............................___....... tto,LAND REGISTRAR Continued on Schedule ❑ (9) This Document relates to instrument numbers) re : 1530.2Z ( Party(ws)(Set out status or interest) Narns(s) Signatures) Date of Signature Y M D 7 cl y � MUNICIPALITY OF CLARINGTON .........:......:.:...... (r) Address for swv'" 40 Temperance Street,Bowmanville, Ontario, L1C 3A6 (12) Pwty(les)(Set out Status or Interest) Names) Signature(s) Date of Signature M D HI. KE ANZ.B v.. .............G........D.................RQ�.:LIMITED::::.:::.::.::::.:::::::.:::::..:.::::::::: ; Owner ............................:...............__........................::........................ ............ .. n.......:.».... ................_.......:...........................:............ . ._.... .... .... (13) Address for service (14) Municipal Addressof Property (15) Document Prepared by: } Fees and Tax Nic las T. Macos a Registration Fee Not Assigned Shib y Righton V 401 y Street, Suite 1800 W Toronto, Ontario MSH 2Z1 U. 0 M 0 Total 1N 3:111 TORONTO-CANADA Documortt completed uNrp FwmTware,by DO Process 80wave Ltd. 11 1992 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 95-134 . • t W CE ::CQpY being a by-law to amend By-law 88-93, �.{• as amended, being a by-law to authorize the entering into of an agreement with ,;. ; •,< w Schickedanz Brothers Limited and the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington approved the recommendations contained in Report WD-32-95 on July 17, 1995, which amended the recommendations containted in Report WD-44-94, NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT By-law 88-93, as amended, be amended as follows: THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporate Seal, an agreement to amend the Subdivision Agreement between the Municipality and Schickedanz Brothers Limited dated July 18, 1989 to release the Municipality from performance of its obligation to endeavour to collect contributions from benefiting owners under paragraph 5.27 and Schedule "P" of the Subdivision Agreement to be effective in respect of the particular "Works" referred to in a front-ending agreement which is authorized by Recommendations 5(a) to (d) (1) when the particular front-ending agreement comes into effect under the Development Charges Act, (2) the indemnity agreement referred to in Recommendation 5(e) has been executed, and (3) the payment(s) referred to in the indemnity agreement referable to the front-ending agreement(s) which have come into effect, has been made to Schickedanz Brothers Limited. By-law read a first and second time this 25th day of September, 1995. By-law read a third time and finally passed this 25th day of September, 1995. Mayor XL:�JK C rk L SCHEDULE "1" LEGAL DESCRIPTION OF APPPLICABLE LANDS Firstly: Lands in Section 1OM-829 being Plan 1OM-829,Municipality of Clarington,Regional Municipality of Durham being the Parcels and Lots set out below: Parcel on Plea QR 15528 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 75-1 Lot 75 76-1 Lot 76 89-1 Lot 89 90-1 Lot 90 - 2 i Lot 92 93-1 Lot 93 O 94-1 Lot 94 b0 95-1 Lot 95 96-1 Lot 96 97-1 Lot 97 98-1 Lot 98 100-1 Lot 100 10i I Let i9i 103-1 to 106-1 inclusive Lots 103-106 inclusive 4OWS515-1- Lot 06 133 13s P-IS 1-IOW to 139-1 inclusive Lots W to 139 inclusive 143-1 Block 143 Secondly: Lands in Section IOM-830 being Plan 1OM-830, Municipality of Clarington, Regional Municipality of Durham being the Parcels and Lots set out below: Parcel L40t ff 1 S- 1-1 toa inclusive Lots 1 toS inclusive ~Schedule "1" i LQT 9-1 part Lot 9 deathate-d. as pax f 3 holm„ �oR-16Zs3 11-1 Pact Lot 11 o(es�„abed as pert g o^ Pl,,, 4e-16 Z13 12-3 Part Lot$ 12 designated as Part 9 on Plan 40R-16213 13-1 Pmt Lot 13 dzss4a&4as Pat 12 0.► �o/ ape-16213 163 P"t Let 16 desigaMedd mis 44- ., Plan OR 16213 17-1 Lot 17 19-1 Lot 19 20-1 Lot 20 21 1 Lot 21 —22,1 Lot 22 (� 37-1 Part Lot 37 designated as Part 1 on Plan 40R-15752 41-1 to 54-1 inclusive Lots 41 to 54 inclusive 74-1 to 77-1 inclusive Lots 74 to 77 inclusive ' _on 1 Let en 82-1 to 92-1 inclusive Lots 82 to 92 inclusive 95-1 Block 95 96-1 Block 96 97-1 Block 97 +� Province SoWaare 3.11/DWriba[d by Do Piwas&tma a LN. a of Document General D Ontario Form 4— Land Registration Reform Act by95-134.d (1) Registry ❑ Land Titles [NT(2) Page 1 of �} pages ^.. t13 (3) Property Block Property Identifiers) " : G`� see Schedule G`7 (4) Nature of Document FWD >' q__# BY-LAW _ (5) Consideration J li z ►– j Dollars to m � (6) Description W rn Firstly: The lands in Section 10M-829,being Plan 10M-829, LL Municipality of Clarington,Regional Municipality of Durham, U. being the Parcels and Lots more particularly described in M Schedule "1"hereto. v_ Secondly: The lands in Section 10M-830,being Plan 1OM-830, New Property Identifiers Municipality of Clarington,Regional Municipality of Durham, See"1on81 being the Parcels and Lots more particularly described in Schedule ❑ Schedule"1" hereto. Executions (7) This (a)Redescription (b)Schedule for: Add"lorlai: Document New Easement ' Additional See Contains: Schedule ❑ Plan/Sketch ❑ Description IN Parties Other (8) This Document provides as follows: See attached Certified By-Law No.95-134. Continued on Schedule ❑ (9) This Document relates to Instrument number(s) (10) Party(les)(Set out Status or Interest) Name(s) Signature(s) Date of Signature 's Y M D THEX0 U,OR,A.TIQN.:QF.:1'HE.:..:.::.:.::.:.:.»:.» MUNICIPALITY OF CLARINGTON y ilS»srlitc► $,:.SHIBLEY Ii.IGHTQN { (11) Address for serA" 40 Temperance Street,Bowmanville, Ontario, L1C 3A6 (12) Party(ies)(Set out Status or Interest) Narne(s) Signature(s) Date of Signature M D SCHI.CKEDANZ. QS..:.L..I�VII7'ED,. Owner ` v :.: v:.�.: ::. �..»r:n.:..»n....:.....:..T...........:............:.:::...................... ............».._: :.. ..:.:::::.....::...........:.»................v......: v:::.:..»:_.::::v 13) Address for Service (14) Municipal Addressof Property (15) Document Prepared by: J Fees and Tax Nicholas T.Macos Registration Fee Not Assigned Shibley Righton 401 Bay Street, Suite 1800 w Toronto,Ontario 0 M5H 2Z1 0 cc O Total styleus ewpwdfon 3.11 I IOROMIO.OAHAOA aM completed using FormiWare, DO Process Software ltd 11 1892 r r� - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 95-134 jCERTt I E(l TRtlE COPY being a by-law to amend By-law 88-93, 95 as amended, being a by-law to authorize the entering into of an agreement with Schickedanz Brothers Limited and the i-TI ARRIE former Town of Newcastle Town Clerk WHEREAS the Council of the Corporation of the Municipality of Clarington approved the recommendations contained in Report WD-32-95 on July 17, 1995, which amended the recommendations containted in Report WD-44-94, NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT By-law 88-93, as amended, be amended as follows: THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporate Seal, an agreement to amend the Subdivision Agreement between the Municipality and Schickedanz Brothers Limited dated July 18, 1989 to release the Municipality from performance of its obligation to endeavour to collect contributions from benefiting owners under paragraph 5.27 and Schedule "P" of the Subdivision Agreement to be effective in respect of the particular "Works" referred to in a front-ending agreement which is authorized by Recommendations 5(a) to (d) (1) when the particular front-ending agreement comes into effect under the Development Charges Act, (2) the indemnity agreement referred to in Recommendation 5(e) has been executed, and (3) the payment(s) referred to in the indemnity agreement referable to the front-ending agreement(s) which have come into effect, has been made to Schickedanz Brothers Limited. i By-law read a first and second time this 25th day of September, 1995. By-law read a third time and finally passed this 25th day of September, 1995. Mayor / Cl. 'k F SCHEDULE "1" LEGAL DESCRIPTION OF APPPLICABLE LANDS Lands in Section 10M-829 being Plan IOM-829,Municipality of Clarington,Regional Municipality of Durham being the Parcels and Lots set out below: Parcel Io a �n7n Plan"1'l7ir-'15528 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 75-1 Lot 75 76-1 Lot 76 89-1 Lot 89 90-1 Lot 90 Lot 9n2 . 92 ' Lot 93-1 Lot 93 94-1 Lot 94 95-1 Lot 95 96-1 Lot 96 97-1 Lot 97 98-1 Lot 98 100-1 Lot 100 103-1 to 106-1 inclusive Lots 103-106 inclusive 133-i Lot MR 133 13s j3S:JA. to 139-1 inclusive Lots Ato 139 inclusive 143-1 Block 143 Second: Lands in Section 10M-830 being Plan 1OM-830, Municipality of Clarington, Regional Municipality of Durham being the Parcels and Lots set out below: Parcel Lot s-i S 1-1 toJW inclusive Lots 1 toS inclusive i Schedule "1" 7 1 LoT 9-1 jp a<.t Lot 9 afeestnateJL as park 3 plm, YloR-16ZS3 11-1 P�t Lot 11 deem aled as pw E g M P�oin �A�16 Zl 3 12-3 Part Lot# 12 designated as Part 9 on Plan 40R-16213 13-1 Pmt Lot 13 des�aated,as part 12 0.► �old�► �O 16213 n Ran 4 OR 16213 17-1 Lot 17 19-1 Lot 19 20-1 Lot 20 M 1 X21 2 1 Let 22 37-1 Part Lot 37 designated as Part 1 j on Plan 40R-15752 41-1 to 54-1 inclusive Lots 41 to 54 inclusive 74-1 to 77-1 inclusive Lots 74 to 77 inclusive —80-= Let go 82-1 to 92-1 inclusive Lots 82 to 92 inclusive 95-1 Block 95 96-1 Block 96 97-1 Block 97 Province Document General SWWOWa3.11/ni.bibuWbyDoPrceu S41%mmM4 of Ontario Form 4— Land Registration Reform Act cla-sch2.d (1) Registry ❑ Land Miss ® (2) Page 1 of pages s (3) Property Block Property Mentifler(s) Additional: See U-) Schedule cri - C' (4) Nature of Document _. Notice of Agreement Amending Subdivision Agreement cn 1-j : (5) Consideration O ^UQ _ Dollars$ N -, (6) Description w �-` Firstly: The lands in Section 10M-829,being Plan 1OM-829, 2 U. cc Municipality of Clarington,Regional Municipality of Durham, U. � being the Parcels and Lots more particularly described in o Schedule"B"hereto. Secondly: The lands in Section 1OM-830,being Plan 10M-830, New Property Identifiers Municipality of Clarington,Regional Municipality of Durham, sSee"i°"ai being the Parcels and Lots more particularly described in Schedule ❑ Schedule "B"hereto. Executions (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement Additional see Contains: Schedule ❑ Plan/Sketch ❑ Description ® Parties ❑ Other ❑ (8) This Document provides as follows: Certified copy of By-law 93-120 referred to in Recital "E"of the attached Amending Agreement was registered in the Land Registry Office as Instrument No. D440240 on the 16th day of September, 1994. The Corporation of the Municipality of Clarington has an unregistered estate,right,interest or equity in the land registered in the name of Schickedanz Bros. Limited as the Parcels set out in Schedule"B"hereto and applies under Section 74 pf the Land Titles Act for the entry of a Notice of Agreement Amending Subdivision Agreement in the Regist�r for the said Parcel. Continued on Schedule ❑ (9) This Document relates to instrument number(s) 153022 (10) Partypes)(set out status or Interest) Name(s) Signature(s) Date of Signature Y M D ORPORATIO ...OF.THE......................... ..• '. .:.`.::y'....................-.-.........:..................'.19 9.5.....:....°..4.;...x::7 MUNICIPALITY OF CLARINGTON Y.RI. HTON....................................... er...Nish las..T...Macos..........-........ .-............ ...................................-.... ..�y..:.its.:solicitors.,..SHIBL�............�......................................................... p.................--o.....................................................--....--........::....................:........:........... (11) Address for service 40 Temperance Street,Bowmanville,Ontario, L1C 3A6 (12) Party(les)(Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D ::: HICKEDANZ BR. .. LIMITED ........................................... ...............................:.........0 ..............................,........................................... Owner 13 dress for Service (14) Municipal Address of Property (15) Document Prd by: } Fees and Tax J " N z Registration Fee Nicholas T.Macos 0 Not Assigned Shibley Righton N 401 Bay Street, Suite 1800 W Toronto,Ontario M5H 2Z1 LL 0 cc 0 Total Ila corpara&m SoftDOWS 311/TORONTO•0 ANADA Dow—rd completed using Proem Softwwe Ltd. SNOW r 1982 'r V +SECOND AMENDING AGREEMENT made as of this 5th day of August, 1993. BETWEEN: 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 WHEREAS: A. The parties hereto made an agreement as of July 18, 1989, pursuant to subsection 50 (5) of the Planning..Act 1983 (the "Subdivision Agreement"); rv.3ts-tered as 153022 B. The Subdivision Agreement applies to lands and premises more particularly described in Schedule "A' hereto (the "Lands"). Notice of the Subdivision Agreement is deposited against the title to the Lands as Instrument No.Y 3r 30 2.i in the Land Registry Office for the Land Titles Division of Durham(No.40) (the"Land Registry OMce"); C. This Second Amending Agreement applies in respect of a portion of the Lands more particularly described in Schedule "B" (the "Applicable Lands"); D. The Owner is the owner in fee simple absolute of the Applicable Lands free and clear of any mortgages or charges; and E. This Second Amending Agreement is made pursuant to subsection 51 (6) of the Plan ing_Act, R.S.O. 1990, c. P. 13 and is authorized by By-law No. 93-120 passed by the Council of the Municipality on the 19th day of July, 1993. NOW THEREFORE WITNESSETH that in consideration of the premises and covenants hereinafter expressed and the sum of TWO----($2.00)----DOLLARS of lawful money of Canada, now paid by each party to the other (the receipt whereof by each party is hereby acknowledged), the parties hereto covenant and agree to and with each other as follows: 1, 03Mg OF L The Owner represents and warrants to the Municipality that it is the owner in fee simple absolute of the Applicable Lands,free and clear of any mortgages or charges. 2. AMENDMENT PARAGRAPH s 1$ OF 'THE SURDM ION AQRE1 NZ Paragraph 5.15 of the Subdivision Agreement is amended by inserting "(1)" prior to the commencement of the text of such paragraph and by adding the,following to the end of such paragraph: (2)Notwithstanding the provisions of subparagraph 5.15 (1) the Owner shall: (a) commence construction of the Stormwater Management Works on or before August 10, 1993; 08/10/93 14:23 FAX 416 454 1876 DAVIS.WEBB.SHLZ 444 SCHICKEDANZ BROS 0004/016 2 (b) construct, install and maintain the channelization works from the Main Branch of the Soper Creek to a point just south of the proposed Detention Pond between July 15, 1993, and September 15, 1993; and (c) construct, install and maintain the balance of the Stormwater Management Works between June 15, 1994, and September 15, 1994. 3. PRONISIO S O SUB IVY ION AGR EM NT OTHERWISE CONFIRM Except as provided in paragraph 2 of this Second Amending Agreement, all of the provisions of the Subdivision Agreement are hereby confirmed and continue in effect. 4. gEGISTgATION OF SECOND AMMING AGREEMENT The Municipality and the Owner consent to the registration of a Notice of the Second Amending Agreement against title to the Applicable Lands. 5. AU'THg)g Y To MAKE AGREEMFM The Owner acknowledges and agrees that the Municipality has authority to enter into this Second Amending Agreement, that every provision hereof is authorized by the law and is full enforceable by the parties, and that this Second Amending Agreement is made by the Municipality in reliance on the acknowledgement and agreement of the Owner as aforesaid. 6. 51KCESSOM This Second Amending Agreement shall enure to the benefit of and be binding on the parties hereto, and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of the proper officers duly authorized in that behalf the day and year first written above. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Diane Hamre - Mayor ,f�EPI,CT}/ Ct.,E2K, til-�° nliGt/T SCHICKEDANZ BROS. LI Bv: i' c/s Name: . Robert chic d Title: 'I aye'a ority to bind the corporation v. l�me: Title: 08/X0/93 14:23 FAX 416 454 1876 DAVIS,WEBB,SHLZ SCHICKEDANZ BROS Q005/016 e 3 SCHEDULE "A" THIS SCHEDULE IS SCHEDULE "A" to the First Amending Agreement which has been authorized and approved by By-law No. 93-120 of The Corporation of the.Municipality of Clarington, enacted and passed the 19th day of July, 1993. LEGAL DESCRIPTION OF SAID LANDS Part of Lots 9 and 10, Concession 2, Township of Darlington, Municipality of Clarington, Regional Municipality of Durham Being Part of Lots 1, 3, 4, 6, 7, and 9, All of Lot 8 And Part of the Unnamed Lane Block "A' All according to C.G. Hanning's Plan And All of Lots 21 and 32, Block "A" Part of Winnstanley Street between Block "A" and Block "B" All of Lots 25, 27, 29, 31, 33, 35, 37, 39 and Lots 41 to 54 both inclusive, Block "B" And Part of Mann Street All according to T.W. Herrick's Plan Designated as Part 1 on Plan 10R- IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Diane Hamre - Mayor C/s n�.PuTy c�,eK, M P K.v� HT SCHICKEDANZ BROS. LIMI B Name: Bert-'S 5.cke4an Title• Manage ' t� C/S have a thority to bind the corporation, An Rv Name: Title: G:\238\NEWCASTL\SCHISTAM.AGR ` SCHEDULE "B" LEGAL DESCRIPTION OF APPPLICABLE LANDS Firstly: 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 Lot 17-3 PaIt Lot 17 designated as Part 5 - on Nan 40R 1532 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 75-1 Lot 75 76-1 Lot 76 89-1 Lot 89 90-1 Lot 90 911 Let 91_ 9-24 Let 92 93-1 Lot 93 94-1 Lot 94 95-1 Lot 95 96-1 Lot 96 97-1 Lot 97 98-1 Lot 98 100-1 Lot 100 i0i I Lot 10i 103-1 to 106-1 inclusive Lots 103-106 inclusive AM J-53-j- Lot 133 13s 135-AW to 139-1 inclusive Lots Wto 139 inclusive 143-1 Block 143 Secondly: Lands in Section 1OM-830 being Plan 10M-830, Municipality of Clarington, Regional Municipality of Durham being the Parcels and Lots set out below: Parcel t S 1-1 to W inclusive Lots 1 to I inclusive Schedule "B" -2- / 7 9-1 t Lot 9 des�n a t eod as Part 3 mn La, 402- 1.6213 11-1 pat Lot 11 des�nateA as part. g on pLw i 12-3 Part Lots 12 designated as Part 9 `0f2-16213 on Plan 40R-16213 13-1 Pa,-L Lot 13 destateA as Part 12 o, Plan 163 Peff Let. 16 designmed fts Part 4:7. �®2-Z6 213 -oa- M—Wn- 40R 162243 17-1 Lot 17 19-1 Lot 19 20-1 Lot 20 2i / T ..t 2 22 1 Lot 22 37-1 Part Lot 37 designated as Part 1 on Plan 40R-15752 41-1 to 54-1 inclusive Lots 41 to 54 inclusive 74-1 to 77-1 inclusive Lots 74 to 77 inclusive --8800-' Lot 80-- 82-1 to 92-1 inclusive Lots 82 to 92 inclusive 95-1 Block 95 96-1 Block 96 97-1 Block 97 Province "110-se 311/Distributed by D.P.S41.Ltd. cf Document General Ontario Form 4— Land Registration Reform Act cla-schi.d D (1) Registry ❑ Land Titles ® (2) Page 1 of 5f- pages Ea (3) Property i llock Property -G\I CID Identifier(s) Additional: see CTS ., s Schedule cc C�' U- C T j4) Nature of Document Notice of Agreement Amending Subdivision Agreement (5) Consideration z I _- p i-- .w--t Dollars$ t 6) Description W m Firstly: The lands in Section 1OM-829,being Plan 1OM-829, U. Municipality of Clarington,Regional Municipality of Durham, o being the Parcels and Lots more particularly described in o Schedule"1"hereto. 0 Secondly: The lands in Section 10M-830,being Plan 10M-830, New Property Identifier, Municipality of Clarington,Regional Municipality of Durham, "'°"e' being the Parcels and Lots more particularly described in See Schedule ❑ Schedule"1"hereto. Executlorts (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement i Additional see Contains: Schedule El ❑'s Description IN Parties El Other ❑ (6) This Document provides as follows: Certified copy of By-law 95-134 referred to in Recital "H"of the attached Amending Agreement was registered in the Land Registry Office as Instrument No./-T733RIS' on the -2 D-day of October, 1995. The Corporation of the Municipality of Clarington has an unregistered estate,right,interest or equity in the land registered in the name of Schickedanz Bros. Limited as the Parcels set out in Schdule "1"hereto and applies under Section 74 of the Land Titles Act for the entry of a Notice of Agreement Amending Subdivision Agreement in the Register for the said Parcel. Continued on Schedule ❑ (9) This Document relates to instrument number(s) 153022 (10) Partypes)(Set out Status or Interest) Name(s) Signatures) Date of Signature Y C M� i i ' .:CQRP.QR.AMON.OF»THE....:�...».w:.::..ww.::::::n....::.::::. HE ... :: MUNICIPALITY OF CLARINGTON t (11) Address for Service 40 Temperance Street,Bowmanville,Ontario, UC 3A6 (12) Party(ies)(Set out Status or Interest) Name(s) Signatures) Date of Signature M D -S.CHICKEHANZ: Owner +vv.»...:.•.v::n•..nvwnvx....:mn•.vrw.•::::.•:.vw.wxn»�.•nr:.vn...::nv.�:....nw.:::..w....:n::....wmn..::.::..u..�....»...::::....v.. .».v.»....:............s.....w.un....:........»..:....::.......:n....,.....:.......n.......::n............v S.vn....:..»w:.» .v. .w.. 13 Address for Service (14) Municipal Address Property (15) Document Prepared by: J Fees and Tax Nicholas T.Macos o Registration Fee Not Assigned Shibley Righton N 401 Bay Street, Suite 1800 W Toronto,Ontario U M5H 2Z1 0 Cr 0 Total w corporal 311/ToaONTO-GANADA umanl completed using O//n� ers by Process "ware Ltd. it 1992 SCHEDULE "1" LEGAL DESCRIPTION OF APPPLICABLE LANDS Firstly: Lands in Section 10M-829 being Plan 1OM-829,Municipality of Clarington,Regional Municipality of Durham being the Parcels and Lots set out below: Parcel Lot 17 3 Part Lot 17 designated m Part 5 on 40R 15528 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 75-1 Lot 75 76-1 Lot 76 89-1 Lot 89 (A 90-1 Lot 90 91 i T 9 A 9 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 98 100-1 Lot 100 lei I Tot i 0 103-1 to 106-1 inclusive Lots 103-106 inclusive MW -t33- i Lot V* 133 13513IWto 139-1 inclusive Lots OWto 139 inclusive 143-1 Block 143 Secondly: Lands in Section 1OM-830 being Plan 10M-830, Municipality of Clarington, Regional Municipality of Durham being the Parcels and Lots set out below: Parcel Lot 5-1 5 1-1 to IN inclusive Lots 1 to IF inclusive Schedule "1" -2- -1 LoT 9-1 pariLot 9 OL-S QASAect.W Past 3AA roles,, YoQ- 16213 11-1 paw J Lot 11 n oLe-s,t.Ja*PA aA pa{t t o„Pla,, 4o 3 2-,f6Z1 12-3 Part Loth► 12 designated as Part 9 on Plan 40R-16213 13-1 Part Lot 13 ces�n aa ,pa(t j.2 on P/a„ �o(z-162-13 163 Part Lot 16 designmed as Part V oft Plan 40R 16213 17-1 Lot 17 19-1 Lot 19 20-1 Lot 20 37-1 Part Lot 37 designated as Part 1 on Plan 40R-15752 41-1 to 54-1 inclusive Lots 41 to 54 inclusive 74-1 to 77-1 inclusive Lots 74 to 77 inclusive on i Let 80 82-1 to 92-1 inclusive Lots 82 to 92 inclusive 95-1 Block 95 96-1 Block 96 97-1 Block 97 THIRD AMENDING AGREEMENT THIS AGREEMENT made in quintuplicate as of this 25th day of September, 1995. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON and - SCHICKEDANZ BROS. LIMITED - and - ROYAL BANK OF CANADA Third Amending Agreement Page* THIRD AMENDING AGREEMENT THIS AGREEMENT made in quintuplicate as of this 25th day of September, 1995. BETWEEN: 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 and the Municipality entered into an Agreement (the"Subdivision Agreement") dated July 18, 1989 which is registered against the title to the Lands in the Land Registry Office for the Land Titles Division of Durham (No. 40) (the "Land Registry Office") as Instrument No. 153022, as amended. 1,60 - Third Amending Agreement Page D. The Owner and the Municipality entered into the First Amending Agreement made as of September 20, 1991 which amended the Subdivision Agreement and is registered in the Land Registry Office as Instrument No. LT586924. E. The Owner and the Municipality entered into the Second Amending Agreement made as of August 5, 1993 which further amended the Subdivision Agreement and is registered in the Land Registry Office as Instrument No. F. By adopting the Recommendations contained in Report No. WD-44-94, as amended, (the 'Recommendations") a copy of which Recommendations is contained in Schedule "D" hereto, the Municipality has authorized the making of Front-Ending Agreements under the Development Charges Act, R.S.O. 1990 c.D.9 between the Owner and the Municipality in respect of certain "services" as defined in the Act which services also comprise the "Oversized Services" and "External Services" referred to in paragraph 5.27 and Schedule 'P" of the Subdivision Agreement, as amended. (Each Front-Ending Agreement authorized by the aforesaid Recommendations is referred to in this Agreement as the "Recommended Front-Ending Agreement.) G. The Owner and the Municipality have entered into a Pay-Out and Indemnity Agreement as of September 18, 1995, a copy of which is contained in Schedule "E" hereto (the 'Pay-Out and Indemnity Agreement"). H. This further amends the Subdivision Agreement in respect of the Retained Lands and applies to the Retained Lands. It is authorized by Section 51 of the Planning Act, R.S.O. 1990 c.P.13 and by By-law No. 95-134 passed by the Council of the Municipality on September 25, 1995. 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: 1. On each occasion on which a Recommended Front-Ending Agreement comes into effect under the Development Charges Act and the "Unpaid Owners' Contributions" referrable to such Recommended Front-Ending Agreement are paid by the Municipality to the Owner or to the Owner's written direction pursuant to the Pay-Out and Indemnity Agreement, the Municipality shall be deemed to have fully performed its duties under T' Third Amending Agreement Page paragraph 5.27 in Schedule "P" of the Subdivision Agreement, as amended, in respect of the External Services and the Oversized Services which also comprise "Owner Services" under the Recommended Front-Ending Agreement in question, and the Owner shall be deemed to have released the Municipality from performance of the Municipality's duties under paragraph 5.27 and Schedule "P" of the Subdivision Agreement, as amended, accordingly. 2. The Schedules attached hereto are incorporated in and form part of this Agreement. 3.. 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. 4. Time shall be of the essence of this Agreement. 5. This Agreement shall bind and benefit the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties have executed this Agreement under seal. SIGNED, SEALED AND ) THE CORPORATION OF THE DELIVERED ) MUNICIPALITY OF CLARINGTON In the Presence oh ) by: Title: Mayor Name: Di amre ) 1 by: Title Cl N atti Ba Ze } SCHIC Z BROS. LP97D by: Title: Pr-ego p ,, Name: A11F-1 by- r ) Title: 5Pol. p.,! Name: U. Se j,to r 1 Third Amending Agreement Page We have the Authority to ) ROYAL B OF ADA bind the Bank. ) The name of The Royal ) Bank of Canada was ) Title• ,oR J. SHAN GER changed to Royal Bank of ) Name: Canada as set out in ) Order-in-Council P.C. 1990- ) F 2221, a copy of which is ) by- attached to instrument ) Title:'` W.B. COLLIER registered as No. 162641 on ) Name�TNIOR ACCOUNT MANAGER the 2nd day of November, ) 1990, in the Land Registry ) Office. ) SCHEDULE "A" THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. 9S434 of The Corporation of the Municipality of Clarington, enacted and passed the 25th day of September, 1995. LEGAL DESCRIPTION OF LANDS Registered Plans 1OM-800, IOM-829 and IOM-830, the Lands subject to 18T-89065 and Schickedanz lands North of the CPR) Firstly: Part of Parcel 10-1, Section Con. 2 (Bowmanville) being Lots 22 and 24 and Part of Lots 21 and 23 in Block A according to 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 1OR-3434 save and except for the lands laid out by Plans 1OM-829 and 1OM-830. S.econt All Parcels in Section 1OM-829 being all of the lands lay out by Plan 1OM-829 Municipality of Clarington, Regional Municipality of Durham. Thirdly: All Parcels in Section 1OM-830 being all of the lands lay out by Plan 1OM-830 Municipality of Clarington, Regional Municipality of Durham. Fourth : 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 IOR-4076. Fifth : All Parcels in Section 1OM-800 being all of the land laid out by Plan 1OM-800, Municipality of Clarington, Regional Municipality of Durham. Sixth : Part of Parcel 10-1, Section Con. 2 (Bowmanville), Part of Lots 4, 5 and 9 and Part of The Unnamed Lane according to C.G. Hanning's Plan being a subdivision of Part of Lot 10 in Concession 2 of the Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Parts 1 and 2 on Plan 1OR-3435. 10 SCHEDULE "B" THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. 95-134 of The Corporation of the Municipality of Clarington, enacted and passed the 25th day of September, 1995. PLANS OF BENEFITING AREA (See next page) TOTAL OF AREAS " OWNER'S SHARE 'AREA NOT d AREA OWNER OR BENEFITING OWNER CONTRIBUTING OF AREA BENEFITING NOT INCLUDED IN .TO SERVICES CONTRIBUTING AREA BENEFITING AREA s a a a 4A&4H LIZA DEVELOPMENTS 8.19 8.19 4B WILLOWBROOKE GARDENS 6.62 6.62 4C MARCHETTI IN TRUST 11.99 11.99 4D MINISTRY OF GOVT.SERVICES 21.49 21.49 L=, 4E BELLMAN.GEORGE&JEANNE 0.89 0.89 Cy 4F LANGERBERGER.JADWIGA 0.88 0.88 4G DURHAM NON-PROFIT 2.02 2.02 5A SCHICKEDANZ BROTHERS LIMITED 24.37 24.37 5B McLFAN.DANIEL&SHIRLEY 1.25 1.25 O 6A VELTRI AND SON 1.15 1.15 6B VELTRI AND SON 1.61 1.61 V) 6C TOWCHESTERDEV.LTD. 0.13 0.13 7A SCHICKEDANZ BROTHERS LIMITED 8.28 8.28 8A PENWEST DEVELPOMENT CORP. 6.88 6.88 Qr 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 _ 0 These Areas are subject to registered subdivision agreements which provides for the reimbursement toward the cost of the services.and are 0 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-End Payment allocated to these Areas are$231.751.51 and$78.740.36.respectively for a total of$310.491.87. v I a � 1• � Van v�0�QQ1�� � ee lal mni, �M r,• � . ita�e j a�� 1 � i • pia,,,, � a�un;�—;.�i � •���w111►� ���� t �rtaru Fill ,�,.•�., ;;� 6 ►r:,� Cam.. 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Z-��..� � �. iii>P. Z � ► ��•� �1 • aa a"+�.. 1'� A ••C-rY''GG�� 1. A •.. a�i�iit� .v t + .�- ��� � � ►� viva ti 1�i11 .� ..r,• � fu. ' an • Ing r► • .~ � • ..�c�=•;►Cdr i:p 0 0 �'� _��FF'' -• •, � •..-, a ,r.:f ..•� • •i-.ts - q : ° ci � . •• • - A tit- ,�► �Fr'il-3�'��C� s.'iKt'�•• �, .f—p. .. • .tom , .7 ����:ot.� ,,q,�.,,j.�s��►��� _ ^_ O6 '7� ���:: r•�4•�% �" ,�i•:�aZ-»fit.e���j • • ••• � Js•: '•' °!� `ate� '�- dl.�� �� _; _ __ -• -���� fi =v � Asa message IF rill wo 14 4 fit M. �w -1�•�,,.y-'-��A rag, j1��\�,gt� L�it/' CF;�r'J•L`rt=�!{�1y-� '��L� -,� d I t,1 �IA �►•.i/ lSwI��� r♦///�� + - .I/wi��.....���w[1��1:�'`��/,�`��•,p• '';�•O�II►L•��CY"�►V ' '` �" mil• ' �� �""�''��`'�' RE WNS; ARARMLn Nam Of MEN NMI�e WE � ♦ �'`'� �,/--x000 �� � �,�,� �-�' . �in.art• •a►vr.• dib IC PA VS lit bull :•-cam . < �, 1 j f��a�'�s� fir= • i�• ►N •�• ,� 1 _ �9 SCHEDULE "C" THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. 95-134 of The Corporation of the Municipality of Clarington, enacted and passed the 25th day of September, 1995. LEGAL DESCRIPTION OF RETAINED LANDS 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 1OR-3434 save and except for the lands laid out by Plans 10M-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 W on Aaa 4 OR-155'2- 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 75-1 Lot 75 76-1 Lot 76 89-1 Lot 89 90-1 Lot 90 03-1 rot 91 92 i rot 92 —mss, 93-1 Lot 93 94-1 Lot 94 95-1 Lot 95 96-1 Lot 96 97-1 Lot 97 98-1 Lot 98 100-1 Lot 100 rot 101 ;Z0 Schedule "C" -2- 103-1 to 106-1 inclusive Lots 103-106 inclusive 2.133-i Lot A6133 135-1-I= to 139-1 inclusive Lots W to 139 inclusive 143-1 Block 143 Third lily: Lands in Section 1OM-830 being Plan 1OM-830, Municipality of Clarington, Regional Municipality of Durham being the Parcels and Lots set out below: Parcel s-Z >o 1-1 to I* inclusive its 1 to inclusive 9 L L°T la, 42- -162-t-3 -1 P�Lot 9 c{es��,a{ec� a,e P a�t 3 0A P 11-1 p2wL Lot 11 M Is nateeA aA Pte` t `� �lan 02-16213 12-3 Part Lot 12 designated as Part 9 on Plan 40R-16213 13-1 Pact Lot 13 As j na�ed a s p w.A 1.-2 � ply, WO P-16 zs 3 36-3 Pa Tot 16 desigmtted as -Part 14 oft-Plan r4vR �.r 17-1 Lot 17 19-1 Lot 19 20-1 Lot 20 2i T 1 1 of 21 22 1 Lot /lam 37-1 Part Lot 37 designated as Part 1 on Plan 40R-15752 41-1 to 54-1 inclusive Lots 41 to 54 inclusive 74-1 to 77-1 inclusive Lots 74 to 77 inclusive —80 i Lot to 92-1 inclusive Lots 82 to 92 inclusive 95-1 Block 95 96-1 Block 96 97-1 Block 97 Fourthly: Parcel 1-1, Section H-50075, in the Municipality of Clarington in the Regional Municipality of Durham, formerly in the Municipality of Clarington, in the County of Durham, being composed of Lots 4, 13, 15, 16, 17, 18, 19, 22, 23, 24 and 25 and Part of Lots 1, 3, 5, 9, 10, 11, 12, 14, 20, 26, 27, 28, 29, 30 and 31 on Plan H-50075 being a subdivision of Part of Lot 9 in Concession 1 and Part of Lot 9 in Concession 1 being Part of Lot 8, Block 2 of the Plan of the Geographic Township of Darlington, formerly Bowmanville, and part of the unnamed streets on Plan H-50075 and stopped up and closed by By-law No. 89- • Schedule "C" -3- 66 of The Corporation of the Town of Newcastle registered as Instrument No. 152049 designated as Part 1 on Reference Plan 1OR-4076. Fifthly: Parcel 75-1, Section 1OM-800 being Block 75, Plan 1OM-800 of the Municipality of Clarington, Regional Municipality of Durham. Sixth l : Parcel 78-1, Section 1OM-800 being Block 78, Plan 1OM-800 of the Municipality of Clarington, Regional Municipality of Durham. Seventhly: Part of Parcel 10-1, Section Con. 2 (Bowmanville), Part of Lots 4, 5 and 9 and Part of The Unnamed Lane according to C.G. Hanning's Plan being a subdivision of Part of Lot 10 in Concession 2 of the Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Parts 1 and 2 on Plan 1OR-3435. i I 22 SCHEDULE "D" THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized and approved by By-law No. 95-134 of The Corporation of the Municipality of Clarington, enacted and passed the 25th day of September, 1995. RECOMMENDATIONS It is respectively recommended that Council adopt the following: 1. THAT Report WD-44-94 be received; 2. THAT Council approve the changes to the Cost Sharing Report for the Implementation of the Master Drainage Plan for the West Branch of the Soper Creek, which are referred to in Report WD-44-94; 3. THAT Council resolve that the changes referred to in Recommendation 2 are not of material significance and that a further public meeting to hear representations from the public on the proposed amendments to By-law No. 92-105 is not necessary; 4. THAT Council authorize the introduction of a by-law to amend By-law No. 92-105, with the content of the draft by-law contained in Attachment No. 7 hereto and pass the by-law; 5. THAT by-laws be passed to authorize the Mayor and Clerk on behalf of the Municipality to execute agreements with Schickedanz Bros. Limited as follows: a) a front-ending agreement under the Development Charges Act respecting the stormwater management works for the Lower Watershed of the West Branch of the Soper Creek (South of CPR); b) a front-ending agreement under the Development Charges Act for the stormwater management works of benefit to the Upper and Lower Watersheds of the West Branch of the Soper Creek (North and South of CPR); c) a front-ending agreement under the Development Charges Act respecting the Mann Street Storm Sewer Oversizing Works; 23 Schedule "D" -2- d) a front-ending agreement under the Development Charges Act respecting the Mann Street Road Reconstruction Works; e) an indemnity agreement under which Schickedanz Bros. Limited agrees to indemnify the Municipality in respect of the collection and/or payment to Schickedanz of contributions received from benefiting developers representing the lands described in Attachment No. 5 and to accept payment of each contribution in full satisfaction of the Municipality's obligation under paragraph 5.27 and Schedule T" of the Subdivision Agreement with Schickedanz Bros. Limited dated July 8, 1989; and f) an agreement to amend the Subdivision Agreement between the Municipality and Schickedanz Bros. Limited dated July 18, 1989 to release the Municipality from performance of its obligation to endeavour to collect contributions from benefiting owners under paragraph 5.27 and Schedule "P" of the Subdivision Agreement to be effective in respect of the particular "Works" referred to in a front-ending agreement which is authorized by Recommendations 5(a) to (d) (1) when the particular front-ending agreement comes into effect under the Development Charges Act, (2) the indemnity agreement referred to in Recommendation 5(e) has been executed, and (3) the payment(s) referred to in the indemnity agreement referable to the front-ending agreement(s)which have come into effect, has been made to Schickedanz; provided that each of the agreements contains terms and conditions considered by the Chief Administrative Officer in consultation with the Municipality's Solicitor to be appropriate to protect the Municipality's interests; 6. THAT the Treasurer be authorized to pay to Schickedanz Bros. Limited the contributions provided for under the subdivision agreements listed in Attachment No. 5 when the agreements referred to in Recommendation 5(e) and 5(f) have been executed by Schickedanz Bros. Limited and the Municipality; and 7. THAT copies of this Report WD-44-94 be sent to Schickedanz Bros.Limited,Valiant Property Management, Bruce & Dorothy McDonald, Edward Fennell and John Fennell. SCHEDULE "E" THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by By-law No. 95-134 of The Corporation of the Municipality of Clarington, enacted and passed the 25th day of September, 1995. (See attached Pay-Out and Indemnity Agreement) .zs PAY-OUT AND INDEMNITY AGREEMENT THIS AGREEMENT made as of the 25th day of September, 1995. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") and SCHICKEDANZ BROS. LIMITED (the "Owner") ROYAL BANK OF CANADA ("Royal Bank") WHEREAS: A. The Municipality and the Owner entered into an agreement on July 18, 1989 pursuant to subsection 50(6) of the Planning Act, 1983 in satisfaction of a condition of approval by the Regional Municipality of Durham of draft Plan of Subdivision 18T-87033 which applied to the lands more particularly described in Schedule "A". It was amended by the First Amending Agreement made as of September 20, 1991 and the Second Amending Agreement made as of August 5, 1993. (The Agreements collectively are referred to as the "Subdivision Agreement"). Registration particulars of the Subdivision Agreement are set out in Schedule "B". B. The Subdivision Agreement requires the Owner to construct, install and maintain until accepted by the Municipality certain"Works"including certain Oversized Services and External Services referred to therein. The Subdivision Agreement also requires the Owner's Engineer to prepare a Cost Sharing Report for the Oversized Services and the External Services which when approved by the Municipality's Director of Public Works will identify the owners of lands that will benefit from such Services (the "Benefiting Developers") and the respective shares of the Costs of such Services allocated to them. (The Benefiting Developers are referred to in this Agreement as the "Benefiting Owners"). -2- C. Section 5.27 and Schedule "P" of the Subdivision Agreement provide for the Municipality to use its best efforts to collect from the Benefiting Developers and reimburse the Owner for portions of the costs of the Oversized Services and the External Services allocated to such Benefiting Developers by a Cost Sharing Report which has been prepared by the Owner for approval by the Municipality's Director of Public Works. D. On July 18, 1994,the Council of the Municipality passed By-law No.94-115 amending its Development Charge By-law No. 92-105, as amended to include the Oversized Services and External Services as capital services which are subject to a development charge (the "Amending By-law"). E. On July 18, 1994,the Council of the Municipality passed By-laws No. 94-116, 94-117, 94-118 and 94-120, (the"Authorizing By-laws")which authorized the entering into of front- ending agreements(the"Front-Ending Agreements")respecting the construction,installation and maintenance of certain of the Oversized Services and External Services between the Municipality and the Owner. The Front-Ending Agreements have been executed and registered against title to the lands to which they apply. Particulars of the Front-Ending Agreements and the registrations thereof are set out in Schedule "C". F. Schedule 'V to the Front-Ending Agreements identifies the amounts of money collected by the Municipality and the amounts of money not yet collected by the Municipality but payment of which is secured by letters of credit made in favour of the Municipality, in respect of the Oversized Services and the External Services referred to in the Subdivision Agreement. Certain of such Oversized Services and External Services comprise the "Owner Services" referred to in the Front-Ending Agreements. The portions of the amounts collected by or secured to the Municipality which are attributable to the Benefiting Owners' contributions to the "Owner Services" referred to in the Front-Ending Agreements shall be determined by the Municipality's Director of Public Works, acting reasonably and are referred to in this Agreement as the"Benefiting Owners' Contributions". (Schedules "F" to the Front-Ending Agreements are reproduced in Schedule "D" to this Agreement for convenience of reference). G. Two of the Front-Ending Agreements, (1)the Agreement respecting the Stormwater Management Works Benefiting Area Upper and Lower Watershed of West Branch of Soper Creek North and South of CPR (referred to hereafter as the"Upper and Lower Stormwater Management Works Agreement") and (2) the Agreement respecting the Stormwater Management Works Benefiting Area Lower Watershed of West Branch of Soper Creek South of CPR (referred to hereafter as the "Lower Stormwater Management Works Agreement") provide for the installation of "Owner Services" as described in them which -3- Owner Services are more particularly 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 Municipality's Director of Public Works. With the exception of(1)Newcastle Meadows Inc. (Phase I) in respect of the lands within Registered Plan of Subdivision 10M-835 (Draft Plan 18T-82037) and (2) Northeast Bowmanville (Eiram Development Corporation), in respect of the lands within Draft Plan of Subdivision 18T-89041, the Benefiting Owners shown in Schedules"F'to the Upper and Lower Stormwater Management Works Agreement and the Lower Stormwater Management Works Agreement are the same persons. All the aforesaid contributions have been paid by the Benefiting Owners to the Municipality pursuant to their respective Subdivision Agreements with the Municipality. The Municipality cannot require any additional contribution to be made by any of them in respect of such Owner Services. Table 4 of Schedule "E" hereto shows the amounts of the excess security which the Municipality will return to two of the Benefiting Owners (Newcastle Meadows Inc. and Eiram Development Corporation, respectively). H. The amounts shown in each of the Upper and Lower Stormwater Management Works Agreement and the Lower Stormwater Management Works Agreement as collected or secured in respect of their contributions for the installation of what are described in the two Agreements as "Owner Services" and erosion protection works on the West Branch of the Soper Creek(which Services and works collectively comprise the Oversized Services and External Services referred to in the Subdivision Agreement) are the same amounts. The intention of the parties to the two Agreements in question is that the statement of the amount assigned to each Benefiting Owner in Schedule"F'to each of the Upper and Lower Stormwater Management Works Agreement and Lower Stormwater Management Works Agreement, respectively, represents a sum of money equal to the aggregate of the amounts of the contributions required to be made by each Benefiting Owner under the combination of the two Agreements as determined by the Municipality's Director of Public Works,acting reasonably. I. Newcastle Meadows Inc. (Phase I) and Northeast Bowmanville, respectively, own lands which are benefited only by "Owner Services" described in the Lower Stormwater Management Works Agreement. Reference to Newcastle Meadows Inc. (Phase I) and Northeast Bowmanville (Eiram Development Corporation) in Schedule "F' to the Lower Stormwater Management Agreement is not correct. They should have been excluded from Schedule"F of the Lower Stormwater Management Works Agreement but erroneously were included in it. r 1 O�- -4- J. The cost of the erosion protection works on the West Branch of the Soper Creek is calculated at the rate of$1,651.58 per hectare of the Benefiting Area owned by each of the Benefiting Owners. The contributions of the Benefiting Owners to the "Owner Services" described in the Upper and Lower Storrawater Management Works Agreement which have been collected or secured by the Municipality include their contributions to the cost of the aforesaid erosion protection works. K. The amounts of the contributions that have been paid by the Benefiting Owners to the Municipality in respect of the "Owner Services" which are described in each of the Upper and the Lower Stormwater Management Works Agreement and the Lower Stormwater Management Works Agreement as well as the amounts of their contributions to the erosion protection works on the West Branch of the Soper Creek are set out in Tables 1 to 5, inclusive, contained in Schedule "E" of this Agreement. L. Table 1 contained in Schedule "F' of this Agreement sets out the amounts of the Benefiting Owners' Contributions for "Owner Services" described in the Front-Ending Agreements which have not yet been paid by the Municipality to the Owner in accordance with this Agreement. They are referred to in this Agreement as the "Unpaid Benefiting Owners' Contributions". M. Tables 2 and 3 contained in Schedule "F' of this Agreement set out the amounts of money paid by the Municipality to the Owner of certain of the Benefiting Owners' Contributions which have been collected by the Municipality in respect of the "Owner Services" described in the "Mann Street Road Reconstruction Works Front-Ending Agreement"and the"Mann Street Storm Sewer Oversizing Works Front-Ending Agreement" (particulars of which are set out'in Schedule "B"). The receipt of the amounts so paid is hereby acknowledged by the Owner. The Owner has accepted these amounts in full satisfaction of the Municipality's duty under the Subdivision Agreement and the relevant Front-Ending Agreements to make payments to the Owner in respect of the Benefiting Owners' Contributions to the "Owner Services" as described in the relevant Front-Ending Agreements. N. The installation of the "Owner Services" described in the "Mann Street Storm Sewer Oversizing Works Agreement" (particulars of which are set out in Schedule "B" has been completed. Most of the components of the "Owner Services" described in the other three Front-Ending Agreements have been completed. Schedule "G" hereto will set out the as- constructed costs to the Owner, as approved by the Municipality's Director of Public Works, of the "Owner Services" described in the Front-Ending Agreements expressed as a rate per hectare of the lands within the "Benefiting Areas" defined in each of these Agreements to -5- the date of this Agreement. The as-constructed costs to the Owner of the "Owner Services" described in the Mann Street Road Reconstruction Works Agreement approved by the Municipality's Director of Public Works will be shown in Schedule "G" expressed as a rate per metre of frontage (the"Allocated As-Constructed Costs") on the portion of Mann Street in question. O. This Agreement is authorized by By-law No. 95-135 passed by the Council of the Municipality on the 25th day of September, 1995. 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: 1. (a) The Owner represents and warrants to the Municipality that each of Recitals A to N of this Agreement is correct. The Municipality and the Owner agree that Recitals A to N are part of the operative portion of this Agreement, and have the same effect and are enforceable as if the aforesaid Recitals had been incorporated in this Agreement as covenants made by the Owner to the Municipality. (b) The Parties also agree that Schedules "A" to "G", inclusive, also attached to this Agreement are part of the operative portion of this Agreement, and have the same effect and are enforceable as if the aforesaid Schedules had been incorporated in this Agreement as covenants made by the Owner to the Municipality. 2. (a) With respect to the Unpaid Benefiting Owners' Contributions under the Upper and Lower Stormwater Management Works Agreement and the Lower Stormwater Management Works Agreement, as soon as is reasonably practicable after the execution of this Agreement the Municipality shall take all necessary steps that it is authorized by law to undertake, including if considered necessary in the opinion of the Municipality's Director of Public Works, acting reasonably, steps to realize sums of money which are not in excess of the as-constructed costs of the Owner Services referred to in the aforesaid Agreements which are approved by the Municipality's Director of Public Works, acting reasonably, from time to time, provided that the sums so realized for any of the Benefiting Owners do not exceed the lesser of (1) -ti- the aggregate amount of the Unpaid Benefiting Owner's Contributions under the combination of both of the aforesaid Agreements and (2) the Allocated As-Constructed Costs, if any, that may have been shown on Schedule "G" to this Agreement at the time that the realization takes place. In realizing an Unpaid Owner's Contributions under this paragraph, the Municipality may require the Bank which has issued the relevant letters of credit to provide security for the performance by the Benefiting Developers of their duty to contribute to the cost of the Oversized Services and External Services provided for in the Benefiting Developers' agreements with the Municipality made under Sections 50 or 51 of the Planning Act R.S.O. 1990 c.P 13 or the predecessors of such sections, to pay the whole or one or more parts of the money secured by the letter of credit to the Municipality. Forthwith after the Municipality has.received or has on deposit a cash payment from or on behalf of one or more of the Unpaid Benefiting Owners' Contributions in accordance with the foregoing,the Municipality shall pay the same to the Owner in full satisfaction of the Municipality's duty in that regard provided for in the Subdivision Agreement and the relevant Front-Ending Agreement or Agreements. Payment by the Municipality of an amount of money equal to the whole or any part of the Unpaid Benefiting Owners' Contributions to the Owner shall release the Municipality from its duty to the Owner in that regard under both of the Subdivision Agreement and the Upper and Lower Stormwater Management Agreement and the Lower Stormwater Management Agreement. (b) With respect to the Unpaid Benefiting Owners'Contributions under the Mann Street Storm Sewer Oversizing Works Front-Ending Agreement, as soon as is reasonably practicable after the execution of this Agreement the Municipality shall take all necessary steps that it is authorized by law to undertake, including, if considered necessary in the opinion of the Municipality's Director of Public Works,acting reasonably,steps to realize the sum of money which are not in excess of the as-constructed costs of the Owner Services referred to in the aforesaid Agreements which are approved by the Municipality's Director of Public Works, acting reasonably, from time to time, provided that the sums so realized for any of the Benefiting Owners do not exceed the lesser of (1) the aggregate amount of the Unpaid Benefiting Owner's Contributions under the combination of both of the aforesaid Agreements and(2) the Allocated As-Constructed Costs,if any,that -7- may have been shown on Schedule"G" to this Agreement at the time that the realization takes place. In realizing an Unpaid Owner's Contributions under this paragraph, the Municipality may require the Bank which has issued the relevant letters of credit to provide security for the performance by the Benefiting Developers of their duty to contribute to the cost of the Oversized Services and External Services provided for in the Benefiting Developers' agreements with the Municipality made under Sections 50 or 51 of the Planning Act R.S.O. 1990 c.P 13 or the predecessors of such sections, to pay the whole or one or more parts of the money secured by the letter of credit to the Municipality. Forthwith after the Municipality has received or has on deposit a cash payment from or on behalf of one or more of the Unpaid Benefiting Owners' Contributions in accordance with the foregoing, the Municipality shall pay the same to the Owner in full satisfaction of the Municipality's duty in that regard provided for in the Subdivision Agreement and the Mann Street Storm Sewer Oversizing Works Agreement. Payment by the Municipality of an amount of money equal to the whole or any part of the Unpaid Benefiting Owners' Contributions to the Owner shall release the Municipality from its duty to the Owner in that regard under both of the Subdivision Agreement and the Mann Street Sewer Oversizing Works Agreement. (c) With respect to the Unpaid Benefiting Owners'Contributions under the Mann Street Road Reconstruction Works Front-Ending Agreement, as soon as is reasonably practicable after the execution of this Agreement the Municipality shall take all necessary steps that it is authorized by law to undertake, including,if considered necessary in the opinion of the Municipality's Director of Public Works, acting reasonably, steps to realize the sums of money which are not in excess of the as-constructed costs of the Owner Services referred to in the aforesaid Agreements which are approved by the Municipality's Director of Public Works, acting reasonably,from time to time,provided that the sums so realized for any of the Benefiting Owners do not exceed the lesser of (1) the aggregate amount of the Unpaid Benefiting Owner's Contributions under the combination of both of the aforesaid Agreements and (2) the Allocated As-Constructed Costs, if any, that may have been shown on Schedule "G" to this Agreement at the time that the realization takes place. In realizing an Unpaid Owner's Contributions under this paragraph, the Municipality may require the Bank which has issued the relevant letters of 32- -S- credit to provide security for the performance by the Benefiting Developers of their duty to contribute to the cost of the Oversized Services and External Services provided for in the Benefiting Developers' agreements with the Municipality made under Sections 50 or 51 of the Planning Act R.S.O.. 1990 c.P 13 or the predecessors of such sections, to pay the whole or one or more parts of the money secured by the letter of credit to the Municipality. Forthwith after thr, Municipality has received or has on deposit a cash payment from or on behalf of one or more of the Unpaid Benefiting Owners' Contributions in accordance with the foregoing,the Municipality shall pay the same to the Owner in full satisfaction of the Municipality's duty in that regard provided for in the Subdivision Agreement and the Mann Street Road Reconstruction Works Agreement. Payment by the Municipality of an amount of money equal to the whole or any part of the Unpaid Benefiting Owners' Contributions to the Owner shall release the Municipality from its duty to the Owner in that regard under both of the Subdivision Agreement and the Mann Street Road Reconstruction Works Agreement. 3. Without derogating in any way from paragraph 1, the Owner and the Municipality acknowledge and agree that the Municipality's Director of Public Works have their respective irrevocable authorizations to make the determinations and approvals referred to in this Agreement and to complete Schedule "G"hereof by setting out therein the Allocated As-Constructed Costs for the Owner Services referred to in the Front-Ending Agreements as the same are approved and allocated by the aforesaid Director. 4. The Owner hereby covenants and agrees with the Municipality that the Owner shall at all times and from time to time defend, indemnify, and hold the Municipality harmless from and against any and all damages, claims, losses, suits, actions, expenses, liabilities or obligations (including legal fees on a solicitor and his client basis and fees of expert witnesses) which the Municipality may now or hereinafter incur in connection with, by reason of or in any way arising out of(i) collecting monies including,without limitation, the realizing of the security provided by Benefiting Owners under subdivision agreements with the Municipality pursuant to the Planning Act for subsequent payment to the Owner made pursuant to any one or more of the Front-Ending Agreements, (ii) entering into any of the Front-Ending Agreements, (iii) any act or omission on the part of the Municipality with respect to the collection and distribution of development charges as defined in the Development Charges Act, (iv) any appeal to the Ontario Municipal Board or a challenge in a Court of competent jurisdiction or with respect to any of the provisions of the Front- Ending Agreements, the subdivision agreements between the Municipality and any one or " 33 -9- more of the Benefiting Owners, any one or more of the Authorizing By-laws, or the Amending By-law. 5. The Owner hereby expressly waives notice of the acceptance of this Agreement. Without limiting the generality of the foregoing, any notice or demand by the Municipality to the Owner shall be sufficiently and effectually given if signed by or on behalf of the Municipality and delivered personally to the Owner or mailed by prepaid registered or certified post or otherwise delivered, addressed to the Owner at Schickedanz Bros.Limited, 3311 Bayview Avenue, Suite 105, Willowdale, Ontario M2K 1G4 or such other address as the Owner may designate from time to time by written notice to the Municipality. Any notice or demand given as aforesaid shall be conclusively deemed to have been given, if personally delivered to the Owner or otherwise so delivered to any such address,on the date of such delivery, or, if so mailed, on the second (2nd) business day following the date of such mailing. The Owner elects domicile at such address for service of all writs of summons and other legal documents in any legal proceeding whatsoever by the Municipality to enforce its rights under this Agreement. 6. The Owner's indemnity is absolute and unconditional and the obligations and liability of the Owner shall not be waived, released, discharged, mitigated, impaired or affected by any cause or for any reason whatsoever, including, without limitation, any of the following: (i) any extensions of time, indulgences or modifications which the Municipality extends to or makes with the Benefitting Owners or any one of them; (ii) any waiver by or failure of the Municipality to enforce any of the terms, covenants and conditions contained in the Front-Ending Agreements or any one or none of them, (iii) any failure to insist upon the timely or strict performance of the Owner's obligations under this Agreement; (iv)by virtue of the provisions of any other agreement among the Municipality and/or the Owner and/or others; or (v) any other act or omission by the Municipality or any other person or any other cause, matter or reason whatsoever, at law or otherwise, whereby the Owner would or might otherwise be released or have its obligations hereunder discharged, mitigated, impaired or affected in any way whatsoever. 7. All of the terms, covenants, agreements and conditions of this Agreement shall extend to and shall be binding upon the Owner and the Owner's successors and assigns, and shall enure to the benefit of and may be enforced by the Municipality and the Municipality's successors and assigns. Wherever in this Agreement reference is made to the Municipality, the reference to the Municipality shall be deemed to apply also to the successors and assigns of the Municipality. 3f -10- 8. This Agreement shall be construed in accordance with the laws of the Province of Ontario. The Owner hereby submits and attorns to the jurisdiction of the Courts of the Province of Ontario in any action or proceeding which may be commenced with respect to the enforcement of this Agreement. If, for any reason, any provision or part thereof of this Agreement, or the application thereof to any person or circumstance, is to any extent held or rendered illegal, invalid or unenforceable, then (i) it shall be considered separate and severable from the remainder of this Agreement, and its illegality, invalidity or unenforceability shall not affect, impair or invalidate the remainder of this Agreement, (ii) it shall continue to be in full force and effect and applicable,binding and enforceable to the fullest extent permitted by law on, to and against any and all persons and circumstances other than those as to which it is held or rendered invalid, illegal or unenforceable and (iii) the remainder of this Agreement and the application thereof shall remain in full force and effect and applicable, binding and enforceable as though any such provision or part thereof had not.been included in this Agreement. 9. This Agreement constitutes a separate agreement entered into between the Municipality and the Owner for good and valuable consideration and under seal. In the event of any conflict or,inconsistency between any provision of this Agreement and any other Agreement executed by the Owner and/or the Municipality and/or others, the provisions of this Agreement shall prevail. For greater certainty, the rights and remedies of the Municipality hereunder and the obligations and liabilities of the Owner hereunder shall not be reduced, prejudiced or impaired by the provisions of any other agreement, if any, among the Municipality and/or the Owner and/or others. 10. Without limiting any other provision of this Agreement,the Owner shall be liable for all costs, charges and expenses whatsoever, including, without limitation, legal fees as between a solicitor and his own client, which may be incurred by the Municipality in enforcing this Agreement against the Owner. 11. The Owner shall at any time and from time to time at the request of and as required by the Municipality make, execute and deliver all statements of claim, proofs of claim, assignments and other documents and do all matters and things which may be necessary or, in the opinion of the Municipality, advisable for the protection of the rights of the Municipality under and by virtue of this Agreement. 12. For the purposes of this Agreement, the expression "persons" or "person' means, without limitation, any and all persons, individuals, corporations (including, without limitation, trust companies), firms, partnerships, business associations, and other entities or 3 -11- any group or combination thereof. This Agreement shall be read with such changes in number and gender as are appropriate 13. Royal Bank hereby postpones its rights as they may be from time to time as purchaser, assignee, mortgagee, chargee of, under or in respect of each of the agreements referred to in this Agreement to the rights of the Municipality under this Agreement. Without limiting the generality of the foregoing, Royal Bank agrees with the Municipality that payment by the Municipality to the Owner or to the Owner's written direction, of an amount(s) which is equal to the whole or part of one or more of the Unpaid Benefiting Owners' Contributions shall release the Municipality from any obligation to the Owner and/or to Royal Bank in respect of such payment(s) under this Agreement, the relevant Front-Ending Agreement(s), the Development Charges Act, and the Subdivision Agreement. IN WITNESS WHEREOF the authorized signing officers of the Owner, the Municipality and the Royal Bank, respectively, have executed and sealed this Agreement as of the date first above written. SIGNED, SEALED AND ) THE CORPORATION OF THE MUNICIPALITY OF CL41UNGTON DELIVERED ) In the presence of: ) Mayor Clerk SCHICKEDANZ BROS. LIMITED Name: Ti 1 Ku P� CC VAiC1.ek,,, �eC_reap ) ) Name: Title: -12- We have the Authority to ) ROYAL B ADA bind the Bank. ) The name of The Royal ) e: Title: Bank of Canada was ) changed to Royal Bank of ) Canada as set out in ) ✓rte" , Order-in-Council P.C. 1990- ) Name: Title: 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. ) - SCHEDULE "A" LEGAL DES�'RIPTION OF LANDS 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 1OR-3434 save and except for the lands laid out by Plans 1OM-829 and IOM-830. Secondly: Lands in Section 1OM-829 being Plan 1OM-829, Municipality of Clarington, Regional Municipality of Durham being the Parcels and Lots set out below: Parcel im 1:7 3 PitO 6)f !q designated as P-t� On Plan 49 15528- 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 75-1 Lot 75 76-1 Lot 76 89-1 Lot 89 90-1 Lot 90 -91 4 —! at 91 92 i Lat 92 93-1 Lot 93 94-1 Lot 94 95-1 Lot 95 96-1 Lot 96 97-1 Lot 97 98-1 Lot 98 100-1 Lot 100 HA 4 _15t 101 103-1 to 106-1 inclusive Lots 103-106 inclusive 1,22:3-1- Lot 1"I S'3 135-_UVWto 139-1 inclusive Lots to 139 inclusive 143-1 Block 143 Schedule "A" - 2 - Thirdly: Lands in Section 1OM-830 being Plan 1OM-830, Municipality of Clarington, Regional Municipality of Durham being the Parcels and Lots set out below: Parcel s_1 Lot 1-1 to 4W inclusive S ?r- li �ts 1 to inclusive T 7 / Par-L Lot 9 Aest Jnzte4 " Pas t 3 0„, PIa., 40-16213 11-1 part Lot 11 dea Lgnatel 2A fWi So, Piz" 4OR-162x3 12-3 Part Lot 12 designated as Part 9 on Plan 40R-16213 13-1 a,t ( Lot 13 oez ',, � � tej, a° Pa4+ .12 o^ Pl a.► 40�-16 213 463 Part 17-1 Lot 17 19-1 Lot 19 20-1 Lot 20 22`3- Let_2 37-1 Part Lot 37 designated as Part 1 on Plan 40R-15752 41-1 to 54-1 inclusive Lots 41 to 54 inclusive 74-1 to 77-1 inclusive Lots 74 to 77 inclusive 82-1 to 92-1 inclusive Lots 82 to 92 inclusive 95-1 Block 95 96-1 Block 96 97-1 Block 97 Fourthly: Parcel 1-1, Section H-50075, in the Municipality of Clarington in the Regional Municipality of Durham, formerly in the Municipality of Clarington, in the County of Durham, being composed of Lots 4, 13, 15, 16, 17, 18, 19, 22, 23, 24 and 25 and Part of Lots 1, 3, 5, 9, 10, 11, 12, 14, 20, 26, 27, 28, 29, 30 and 31 on Plan H-50075 being a subdivision of Part of Lot 9 in Concession 1 and Part of Lot 9 in Concession 1 being Part of Lot 8, Block 2 of.the Plan of the Geographic Township of Darlington, formerly Bowmanville, and part of the unnamed streets on Plan H-50075 and stopped up and closed by By-law No. 89- 66 of The Corporation of the Town of Newcastle registered as Instrument No. 152049 designated as Part 1 on Reference Plan 1OR-4076. Fifthly: Parcel 75-1, Section 1OM-800 being Block 75, Plan 1OM-800 of the Municipality of Clarington, Regional Municipality of Durham. Schedule "A" - 3 _ Sixthly: Parcel 78-1, Section 1OM-800 being Block 78, Plan 1OM-800 of the Municipality of Clarington, Regional Municipality of Durham. — Seventhly: Part of Parcel 10-1, Section Con. 2 (Bowmanville), Part of Lots 4, 5 and 9 and Part of The Unnamed Lane according to C.G. Hanning's Plan being a subdivision of Part of Lot 10 in Concession 2 of the Geographic Township of Darlington, Municipality of Clarington,Regional Municipality of Durham designated as Parts 1 and 2 on Plan 10R-3435. ' r SCHEDULE "B" Subdivision Agreement made as of July 18, 1989 and registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) (the "Land Titles Office") on July 24, 1989 as Instrument No. 153022. First Amending Agreement made as of September 20, 1991 and registered in the Land Titles Office on March 24, 1992 as Instrument No. LT986924. Second Amending Agreement made as of August 10, 1993 and registered in the Land Titles Office on as Instrument No. SCHEDULE "C" Front-ending Agreement among the Municipality, Schickedanz Bros. Limited and Royal Bank of Canada for the Stormwater Management Works (Benefiting Area Lower Watershed of West Branch of Soper Creek South of CPR) registered on October 21, 1994 as Instrument Number D442039 in the Land Registry Office for the Registry Division of Durham (No. 40) and Instrument Number LT699408 in the Land Titles Office. Front-Ending Agreement among the Municipality, Schickedanz Bros. Limited and Royal Bank of Canada for the Stormwater Management Works(Benefiting Area Upper and Lower Watershed of West Branch of Soper Creek North and South of CPR) registered on October 21, 1994 as Instrument Number D442040 in the Land Registry Office for the Registry Division of Durham (No.40) and Instrument Number LT699431 in the Land Titles Office. SCHEDULE "D" (Insert copies of Schedule TO to four Front-Ending Agreements) K SCHEDULE E ALLOCATION OF CONTRIBUTIONS Table 1 Estimated Costs A;,.dbutable to Benefitting Owners — 'Upper and Lower' Watershed Area Benetiitting Owner Area Contributing Amount Attributable$13,054.85 x 2A Schkkedanz Brothers Limited ha Area Contributin 8'78 $114,380.45 2B Towchestsr Dw.Ltd. 148 2B Newcastle Meadows Inc. $18,018. 2C Efratn Development $72,848.04 elapm•rtt Corporation 1.24 2D Robert and Lawrence Ch @en $18,188.01 1 .38 $228.80.1.22 2E 835807 Ontario Inc. 1 1µ 2F 865742 Ontario Ltd.(In Trust) $18,798.08 248 $32,378.02 4A 8.4H Liza Developments a 10 4B Willowbrook*Gardens 1106.010.10 4C MarchettlinTrust 11"8.62 $66,423 08 4D Ministry of Government Service: $158,527..60 4E B•Ilman,George and Jeanne 21'40 $280,548.63 0� 4F Lang•rberger,Jadwiga $11,618.81 4 o." $11,488.25 G Durham Non—Profit 202 SA Schickedanz Brothers Limited $26.370.79 1513 Mclean,Daniel and Shirley 4.37 $318,148.59 ey 1.Za SA V*kd and Son $18,318.58 1.15 $15,013.07 as V•Itri and Son t.at 8C Towch•ster Dw.Ltd. $21,018.30 7A Schickedanz Brothers Limited $1,697.13 ed 8.28 $A Penwest Development Corp, $108,094.12 88 Ashdals Captiai Corp.Ltd. 8.88 $89,817.34 0.87 0A Nor—Arm Developments $11.357.72 9B Sabina Investments Inc. 3.61 $47,127.99'� 10A Penwest Development Corp. $51,174.90 106 Nor-Arm Developments 7'5 $97.911.34 1 48 119,050.07 Totals 151.37 $1,976,111.98 Notes: Total Estimated Cost is$1,978,111.98 (from Schedule E-2 In'Upper and Lower'Agreement) Cost per Hectare Is$13,054.85 (from Schedule E—$In'Upper and Lower'Agreement) y SCHEDULE E ALLOCATION OF CONTRIBUTIONS Table 2 Estimated Costs Attributable to Benefitting Owners — 'Lower Watershed Area Benefitting Owner Area Contributing Amount Attributable ha $9 509.70 X Area Contributin FP4A 8 4H Liza Developments 8.19 $77 884.48 4B Willowbrook*Gardens 8.62 $62,954.25 4C Marchetti In Trust 11.99 $114,021.36 4D Ministry of Government Services 21.49 $204,363.56 4E Bellman,George and Jeanne 0.89 4F Langerberger,Jadwign $8'463'64 4G Durham Non—Profit 0.88 $8,368.54 202 $19,209.60 SA Schickedanz Brothers Limited 24.37 $231,751.51 5B Mclean,Daniel and Shirley 6A Veltri and S 1.25 $11,887.13 on 1.15 $10,936.16 68 Veitrl and Son 1,61 6C Towchester Dev.Ltd. $15,310.62 7A Schickedanz Brothers Limited $1.236.26 ed 828 $78,740.36 8A Penwest Development Corp. .88 8 $65,426.77$8.273.44 8B Ashdale Captial Corp.Ltd. 6.87 9A Nor—Arm Developments 3 81 $$8.330 03 9B Sabina Investments Inc. 3.92 $37,278.04 10A Penwest Development Corp. 7.50 $71,322 79 10B Nor—Arm Developments 1.46 $13,884.17 Totals 113.11 $1,075,642.72 Notes: Total Estimated Cost is$1,075,642.72 (from Schedule E-2 In'Upper and Lower'Agreement) Cost per Hectare is$9,509.70 (Total Estimated Cost divided by 113.11 he) SCHEDULE E ALLOCATION OF CONTRIBUTIONS Table 3 Estimated Costs Attributable to Benefittin�j Ow ii►. .; — for Soper Creek Erosion Protection Area Benefrtting Owner Area Contributing Soper Creek Erosion ha Protection at$1 651.58 a 2A Schickedanz Brothers Umlted 8.76 $14,467.86 2B Towchester Dev.Ltd. 1.38 $2,279.18 2B Newcastie Meadows Inc. 5.58 $9,215.83 2C Elram Development Corporation 1.24 $2,047.96 2D Robert and Lawrence Chizen 17.38 $28.704.50 2E 835607 Ontario Inc. 1.44 $2,378.28 2F $65742 Ontario Ltd.On Trust) 2.48 4A&4H Lisa Developments $4,095.92 4B W 8.19 $13,526.46 llowbrooke Gardena 6.62 $10,933.47 4C Marchetti in Trust 11.99 $19,802.47 40 Ministry of Government Services 21.49 $35,492.50 4E Bellman,George and Jeanne 0.89 $1,469.91 4F Langerberger,Jadwiga 0.88 $1,453.39 4G Durham Non—Profit 202 5A Schickedanz Brothers Umtped $3,336.20 �.� $40,249.06 5B Mclean,Daniel and Shirley 1.25 $2,064.48 6A Vettri and Son 1.15 $1,899.32 6B Veltri and Son 1.61 $2,659.05 6C Towchestsr Dev.Ltd. 0.13 $214.71 7A Schickedanz Brothers Umited 8.28 $13,675.10 8A Penwest Development Corp. 1,362 89 688 $1 88 AshdaJe Captial Corp.Ltd. 6.87 11,436.88 9A Nor—Arm Developments 3.61 $5 962 21 98 Sabina Investments Inc. ,474.20 9.92 $6 10A Penwest Development Corp. 750 $12,386.97$6 10B Nor—Arm Developments 1.46 $2,411.31 Totals 151.37 $250,000.00 Notes: The allowance for Soper Crook erosion protection works is$250,000.00 The cost per hectare is$250,000.00 divided by 151.37 hectares ($1,651.58 ha) SCHEDULE E ALLOCATION OF CONTRIBUTIONS Table 4 Summary of Estimated Costs Attributed to Benefitting Owners for: *Upper and Lower"Watershed "Lower"Watershed Soper Creek Erosion Protection Area Benerriting Owner Area Contrbuting Cost Attributable due Cost Attributable due Cost Attributable due Total Cost TotW Aamiount Amount of Excess Amount of Shortfall In Mount Payable ha 10 Upper and Lower to Lower Watershed to Soper Creek l9roslon Attributable r ibutable Collected or Seily for time who Security for those who Based on the Waterehed frable 1 able Protection able Secured b Date have already aid have already aid Sear Available 2A SchickedanzBrolhere Limited 8.76 =114,360.45 $14,467.88 $128.82831 $128,82831 2B Towchester Dev.Ltd. 1.38 s18015Aq $2.279.18 $20.294.87 $20.294117 2B Newcastle Meadows Inc. 5.58 $72,848.04 $9,215.83 $82.081 87 $111,600.00 $29,538.13 $82,061.87 2C Gram Development Corporation 1.24 $16088.01 $2.047.98 $18,235.97 $85,620.00 $87.384.03 $18,235 97 2D Robert and Lawrence Chizen 17.38 3226.89 3,22 $28704.50 $255,597.72 $256,597.72 2E 835607 Ontario Inc. 1.44 318798.98 $2,378.28 $21,17728 $21,17728 2F 865742 Ontario Ltd.Qn Trust) 2.48 $32,378.02 $4,095.82 338,471 ail 726 $36,47 4A d,4H Uza Developments 8.19 $106,919;19 $77,884.48 $13,528.48 $198,33013 $/63,88000 $34,470.13 $183.880.00 48 Willowbrooke Gardens 6.62 $88423.08 $62,95425 $10.933.47 $160,310.80 $132,40000 $27,910.80 $132.400.00 4C Marchetti inTrust 11.99 $156.527.80 $114,021.36 $19,802.47 $290,351.43 $290,351.43 4D Ministry of Governmen t Services 21.49 $280.54883 $204,363,56 $356492.50 $520,404.69 $52D,404.89 4E Beflman,George and Jmwm 0.89 $11.618,81 52 $8,483.64 $1.469.91 $21,5 .38 21.552.38 4F Langerberger,Jadwiga 0.88 $11,48826 $8,368.54 $1,453.39 $21,31020 $$21,31020 4G Durham Non—Profit 2.02 $28370.79 s18209.60 $3.338.20 $48918.59 $40,400.00 $8.518.59 $40400.00 5A SchlckodanzBrottwe LtroPoed 24.37 $318,14859 $231,751.51 $40.249.06 $590,147.15 $590.147.15 E8 Mclean.Daniel and Shtrley 1.25 $18318.58 $11,887.13 $2,084.48 $30.270.17 $30.270.17 6A Veftri and Son 1.15 $15,01307 $10.936.16 $1.899.32 $27.848.55 $23,000.00 $4.848.55 $23,000.00 8B V Nd and Son 1.61 $21.018.30 $15,310.62 $2,659.06 (31,41 338,987.97 340,40000 ^.O3) $40.400.00 BC Towchester Dev.Ltd. 0.13 $1,897.13 $1.236.28 $214.71 $3,148.10 $3.148.10 7A SchickedanzBtollms Lkr ted 828 $108.094.12 $78740.38 313,675.10 $200,509.58 $2$3.148.58 eA P�errweet Development Cap. 6.88 $89,81734 $85,426.77 $11.362.89 $1166.808.99 $166,60899 pB Ashdale Captial Corp.Ltd. 0.87 $11,357.72 $8,273.44 $1,438.88 $21,068.04 $21,088.04 9A Nor—Arm Developments 3.61 $47,12799 $34,330.03 $5,962.21 $87,42024 $74,400.00 $13,02024 $74,400.00 9B Sabina Investments Inc. 3.92 $51,17499 $37,278.04 $8,474.20 $94,92724 $94,92724 10A Penwest Development Cap. 7.5 397.911.34 $71,322.79 $12,388117 $181,821.00 $148.400.00 10B Nor—Arm Developments 1.48 $19,080.07 $13,884.17 $2,411.31 $35,355.55 $28600.00 $6 755.56 3328,60000 Totals 151.37 $1,976,111.98 $1,075,642.72 $250,000.00 $3.301,754.70 $846,680.00 $96,922.16 $129,330.83 $3,172,423.87 Notes: See Also Table 1,2 and 3 SCHEDULE E ALLOCATION OF CONTRIBUTIONS Table 5 Summary of Status of Payment to Schickedanz Brothers Limited Area Benefitting Owner Amount Payable to Schickedanz Payments Made Based on Security Available to Schickedanz (from Table 4 Brothers Limited 2A Schickedanz Brothers Limited n/a n/a 25 Towchester Dev.Ltd. $20,204.87 28 Newcastle Meadows Inc. =82,081.87 2C Eiram Development Corporation $18,238.07 2D Robert and Lawrence Chizen SM.597 72 2E 835807 Ontario Inc. $21,17726 2F 865742 Ontario Ltd.(In Trust) $30,471.9.4 4A 6 4H Liza Developments $153,880.00 4B willowbrooke Gardens $132,400.00 4C Marchetti in Trust $200,351.43 4D Ministry of Government Services $520,404:80 4E Bellman,George and Jeanne $21,552.38 4F Langerbsrger,Jadwiga $21,310.20 4G Durham Non—Profit $40,400.00 SA Schkkedanz Brothers Limited n/a n/a 5B Mclean,Daniel and Shirley $30,270.17 6A Veltri and Son $23,000.00 6B VOW and Son $40,400.00 6C Towchester Dev.Lid. $3,148.10 7A Schickedanz Brothers Limited Ma n/a 8A Penwest Development Corp. $168,600.99 86 Ashdals Captisl Corp.Ltd. $21,058.04 0A Nor—Arm Developments $74,400.00 06 Sabina Investments Inc. $94,927.24 10A Penwest Development Corp. $148.400.00 108 Nor—Arm Developments $28,000.00 Totals $2,252,938.83 SCHEDULE F ` Benefitting Owners' Contributions - Table I Storm Water Mangagement Works 'Upper and Lower'Watershed and 'Lower'Watershed and Soper Creek Erosion Protection IFArea Benefitting Owner Amount Payable Payments to be Payments Based on Security Available Made to the Made to the from Schedule E — Table 4 Owner Owner 2A Schickedanz Brothers Limited $128,828.31 n/a n/a 2B Towchester Dev.Ltd. $20,204.87 $20,294.87 2B Newcastle Meadows Inc. $82,081.87 $82,081.87 2C Eimm Development Corporation $18.233.07 $18,238.07 2D Robert and Lawrence Chizen $285,807.72 $255,597.72 2E 835607 Ontario Inc. $21,177.26 $21,177.26 2F 865742 Ontario Ltd.On Trust) $36,471.94 $36,471.04 4A d 4H Liza Developments $183,860.00 $163,860.00 48 Willowbrooke Gardens $132.400.00 $132,400.00 4C Marchetti In Trust $200,381.43 $200,351.43 4D Ministry of Government Services $520,404.60 $520,404,60 4E Beliman,George and Jeanne $21,652.36 $21,85236 4F Langerberger,Jadwiga $21,310.20 $21,310.20 4G Durham Non—Profit $40,400.00 $40,400.00 SA Schlckedanz Brothers Limited $800,147.16 n/a n/a 58 Mclean,Daniel and Shirley $30,270.17 $30,270.17 6A VeM and Son $23.000.00 $M.000.00 6B Vekrf and Son $40,400.00 $40,400.00 6C Towchester Dev.Ltd. $3,148.10 $3,148.10 7A Schlckedanz Brothers Limited $200,600.68 n/a n/a aA Penwest Development Corp. $10a.608.90 $1681806.99 85 Ashdale Captial Corp.Ltd. $21.068.04 $21,066.04 CA Nor—Arm Developments $74,400.00 $74,400.00 pB Sabina Investments Inc. $94,927.24 $94,927,24 10A Penwest Development Corp. $148,400.00 $146,400.00 108 Nor—Arm Developments $28,600.00 $28,600.00 Totals $3,172,428.87 62,252,938.63 K' SCHEDULE F Benefitting Owners' Contributions Table 2 Mann Street Storm Sewer Oversizing Works Area Berm tting Owner Area Cost Attributable to Amount Collected or Amount of Excess Amount of Shortfall In Amount Payable to Payments Contributing Mann Street Sewer Secured—Mann Street Security for those who Security for those who Owner Based on the Made he Oversizi 15,093.12/ha Storm Sewer Oversizing have already paid have already id Sectrity Available to Owner 2A Schickedanz Brothers Umked 8.76 $132,215.73 $132,215.73 n/a 2B Towchester Dev.Ud. 1.38 $20,828.51 $20,828.51 2B Newcastle Meadows Inc. 5.58 $84,219.61 $54,678.13 $29,541.48 $54,678.13 2C Elram Development Corporation 1.24 $18,715.47 $42,741.83 $24,026.36 $18,715.47 2D Robert and Lawrence Chizen 17.38 $262.918.43 $262.318.43 2E 835607 Ontario Inc. 1.44 $21.734.09 $21,734.09 2F 865742 Ontario Ltd.(in Trust) 2.48 $37.430.94 $37,490.94 Totals 38.28 $577,462.77 $97.419.96 $24.026.96 $29.541.48 $547.921.29 $0,00 SCHEDULE F Benefitting Owners' Contributions Table 3 Mann Street Road Reconstruction Works Area Benefitting Owner Frontage Cost Attributable to Amount Collected or Amount of Excess Amount Payable to Payments Contributing Mann Street Reconstuc-don Secured —Mann Street Security for those who Owner Based on the Made M .64/metre Reconstruction have already id Security Available to Owner A Dorotiry,Jane,MacDonald 36.576 $16,116.85 $16,116.85 B Edward,Clare,Fennell 20.117 $8,864.35 $8,864.35 C John.William Fennell 20.117 $8,864.35 $8,864.35 D D.J.&Shelly Farrow 9.790 $4,313.87 n/a n/a E A.R.&C.C.Baron 9.790 $4,313.87 $5.945.36 $1.631.49 $5,945.36 $5,945.36 F P.M.&MA Paschowlek 9.790 $4,313.87 $5,945.36 51,631.49 $5,945.36 $5,945.36 Q KR&W.L Graham 9.787 $4,312.54 $5,943.54 $1.631.00 $5,943.54 $5.943.54 H W.J.W.&N.R Fowler 20.117 $8.864.35 $8,864.35 1 WA&M.E.Santiago 20.117 $8.864.35 $8,1164.35 ToEals 156.201 $68.828.41 $17.834.26 $4,893.99 $69.408.53 $17.834.26 J SCHEDULE "G" RATE OF AS-CONSTRUCTED COSTS