HomeMy WebLinkAbout95-135 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 95-135
being a by-law to authorize the execution
of an Indemnity Agreement between the Municipality
of Clarington under which Schickedanz Brothers i
agrees to Indemnify the Municipality of Clarington ;
in respect of the collection and/or payment to
Schickedanz Brothers Limited of contributions received
from benefiting developers
WHEREAS the Council of the Corporation of the Municipality of Clarington approved the ?
recommendations contained in Report WD-44-94 as amended by the recommendations
contained in Report WD-32-95 for the Municipality of Clarington and Schickedanz
Brothers Limited;
NOW THEREFORE the Council of 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 ER '.
Corporation of the Municipality of Clarington, and seal with the Corporate Seal, '
an Indemnity Agreement between the Municipality of Clarington under which
Schickedanz Brothers Limited agrees to Indemnify the Municipality of Clarington;!
in respect of the collection and/or payment to Schickedanz Brothers Limited of
Contributions received from benefiting developers representing the lands
described in attachment No. 5 to Report WD-44-94 and to accept payment of a '
each contribution in full satisfaction of the Municipality's obligations under
Paragraph 5.27 of Attachment #4 to Report WD-44-94 and Schedule "P" of the
Subdivision Agreement with Schickedanz Brothers Limited dated July 18, 1989;
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2. THAT this agreement attached hereto as schedule "A" form part of this By-law. .
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By-law read a first and second time this 25th day of September, 1995.
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By-law read a third time and finally passed this 25th day of September, 1995. i
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Mayor
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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").
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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 have
been or are intended to be 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 'Y 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
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Agreement") provide for the installation of "Owner Services" as described in them which
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
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Schedule'F'of the Lower Stormwater Management Works Agreement but erroneously were
included in it.
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 Stormwater 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 7' 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 7' 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-
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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
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
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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
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
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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 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.
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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 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
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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.
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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
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 tune 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 CLARINGTON
DELIVERED
In the presence of: ) Mayor
Cle�
SCHICKEDANZ BROS. LIMITED
KName: C 11
urt vC_C tAor
Name: Title:
s
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We have the Authority to ) ROYAL B OF C ADA
bind the Bank. )
The name of The Royal ) Title:
Bank of Canada was ) M.J. SHANNON
changed to Royal Bank of ) SENIOR ACCOUNT MANAGER
Canada as set out in ) )
Order-in-Council P.C. 1990- ) Name:. Title:
2221, a copy of which is ) W B. COLLIER-
SMIOR ACCOUNT MANAGER
attached to instrument )
registered as No. 162641 on )
the 2nd day of November, )
1990, in the Land Registry )
Office. )
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SCHEDULE "A"
LEGAL DESCRIPTION OF LANDS
Registered Plans 1OM-800, IOM-829 and 1OM-830, the Lands subject to
18T-89065 and Schickedanz lands North of the CPR)
First l : 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. Hanming'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.
Second : 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.
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, 129 149 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: All Parcels in Section 1OM-800 being all of the land laid out by Plan 1OM-800,
Municipality of Clarington, Regional Municipality of Durham.
Ste: Part of Parcel 10-1, Section Con. 2 (Bowmanville), Part of Lots 4, 5 and 9 and Part
of The Unnamed Lane according to C.G. Hanning's Plan being a subdivision of Part of Lot
10 in Concession 2 of the Geographic Township of Darlington, Municipality of Clarington,
Regional Municipality of Durham designated as Parts 1 and 2 on Plan 10R-3435.
SCHEDULE "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. L1986924.
Second Amending Agreement made as of August 10, 1993 and registered in
the Land Titles Office on as Instrument No.
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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.
Front-Ending Agreement among the Municipality, Schickedanz Bros. Limited and
Royal Bank of Canada for the Mann Street Road Construction Works made as of the 18th
day of September, 1995.
Front-Ending Agreement among the Municipality, Schickedanz Bros. Limited and
Royal Bank of Canada for the Mann Street Storm Sewer Oversizing Works made as of the
18th day of September, 1995.
` r
SCHEDULE "D"
(Insert copies of Schedule "F" to four
Front-Ending Agreements)
SCHEDULE "F"
CONTRIBUTIONS FROM BENEFITING DEVELOPERS
AMOUNT
COLLECTED
BENEFITING DEVELOPER PLAN MAP(AREA) AREA(ha) OR SECURED
Newcastle Meadows(Phase 1) 1OM-835 2(B) 5.58 $54,678.13
Eiram Development Corporation 18T-89041 $42,741.83
TOTAL $97,418,96
From: Mann Street Storm Sewer Oversizing Works Agreement
SCHEDULE "F"
CONTRIBUTIONS FROM BENEFITING DEVELOPERS
LAND DIVISION AMOUNT
BENEFITING COMMITTEE CONSENT COLLECTED
DEVELOPER NUMBER MAP(AREA) AREA(ha) FRONTAGE OR SECURED
(M)
Anthony Roy Baron
Corinne Cecile Baron 227-229/91 9.790 $5,945.36
Peter Michael Paschowiak
Michelle Anne Paschowiak 227-229/91 9.790 $5,945.36
Kenneth Roy Graham
Wendy Lynn Graham 227-229/91 9.787 $5,943.54
TOTAL $17,834.26
From: Mann Street Road Reconstruction Works Agreement
SCHEDULE "F"
CONTRIBUTIONS FROM BENEFITING OWNERS
AMOUNT
COLLECTED
BENEFITING DEVELOPER PLAN MAP(AREA) AREA(ha) OR SECURED
Newcastle Meadows(Phase 1) 1OM-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 40M-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-8403 56(B) 1.61 $40,400
Penwest Developments 1OM-804 10(A) 7.50 $146,400
Nor-Arm 1OM-837 9(A) 3.61 $74,400
Nor-Arm 1OM-838 10(B) 1.46 $28,600
TOTAL 38.98 $846,680
From; Schickedanz Storm Water Manasement/Upper&Lower
SCHEDULE E
ALLOCATION OF CONTRIBUTIONS
Table 1
Estimated Costs Attributable to Benefitting Owners — 'Upper and Lower' Watershed
Area Benefltting Owner Area Contributing Amount Attributable$13,054.85 x
ha Area Contributin
2A Schickedanz Brothers Limited 8.76 $114,380.45
28 Towchester Dev.Ltd. 1.38 $18,015.89
2B Newcastle Meadows Inc. 8.58 =72,846.04
2C Eiram Development Corporation 1,24
$18,186.01
2D Robert and Lawrence Chlzen 17.38 $226,823.22
2E 835607 Ontario Inc. 1.44 $18,798.98
2F W5742 Ontario Ltd.(In Trust) 2,48 $32.376.02
4A&4H Liza Developments 8.19 $105,919.19
4B Willowbrooke Gardens 6.82 $86,423.08
4C Marchetti in Trust '11.99 $158,527.60
4D Ministry of Government Services 21.49 $280,548.53
4E Beilman,George and Jeanne 0.80 $11,618.81
4F Langerberger,Jadwlga 0.88 $11,488.26
4G Durham Non—Profit 2.02 $28,370.79
5A Schiokedanz Brothers Limited 24.37 $318,146.59
5B Mclean,Daniel and Shirley 1,25 $18,318.58
6A Vehri and Son 1.15 $15,013.07
66 VetM and Son 1.81 $21,018.30
6C Towch ester Dev.Ltd. 0.13 $1,697.13
7A Schickedanz Brothers Limited 8,28 $108,004.12
8A Penwest Development Corp. 8,88 $59,817.34
8B Ashdale Captial Corp.Ltd. 0.87 $11,357.72
9A Nor—Arm Developments 3,61 $47,127.99
9B Sabine Investments Inc. 3.92 $51,174.99
10A Penwest Development Corp. 7.50 $97,011.34
10B Nor—Arm Developments 1.46 $19,060.07
Totals 151.37 $1,976,111.98
Notes: Total Estimated Cost Is$1,976,111.98 (from Schedule E-2 In'Upper and Lower'Agreement)
Cost per Hectare is$13,054.85 (from Schedule E-8 in'Upper and Lower'Agreement)
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 Contributing
4A&4H Lim Developments 8.19 $77,884,48
4B wllowbrooke Gardens 6.62 $62,954.25
4C Marchetti In Trust 11.99 $114,021.36
4D Ministry of Government Services 21.49 $204,363.56
4E Beliman,George and Jeanne 0,89 $8,463.64
4F Langerberger,Jadwiga 0,88
$8,368.54
4G Durham Non—Profit 2.02 $19,209.60
5A Schickedanz Brothers Llmited 24.37 $231,751.51
5B Mclean,Daniel and Shirley 1,25 $11,887.13
6A Veltri and Son 1.15 $10,936.16
6B Veitri and Son 1,61 $15,310.62
6C Towchester Dev.Ltd. 0.13 $1,236.26
7A Schickedanz Brothers Limited 8.28 $78,740.36
8A Penwest Development Corp. 8,88 $65,426.77
8B Ashdale Captial Corp.Ltd. 0.87 $8,273.44
9A Nor—Arm Developments 3,61 $34,330.03
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 (rota! Estimated Cost divided by 113.11 ha)
SCHEDULE E
ALLOCATION OF CONTRIBUTIONS
Table 3
Estimated Costs Attributable to Benefitting Owners — for Soper Creek Erosion Protection
Area Beneiitting Owner Area Contributing Soper Creek Erosion
ha Protection at$1 651.58 a
2A Schickedanz Brothers Limited 8.76 $14,467.86
2B Towchester Dev.Ltd. 1.38 $2,279.18
2B Newcastle Meadows Inc. 5.58 $9,215.83
2C Bram 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 865742 Ontario Ltd.(In Trust) 2.48 $4,095.92
4A$4H 112a Developments 8.19 $13,526.46
4B wllowbrooke Gardens 6.62 $10,933.47
4C Marchetti in Trust 11.99 $19,802.47
4D 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—Prcfrt 202 $3,336,20
5A Schickedanz Brothers Limited 24,37 $40,249.06
5B Mclean,Daniel and Shirley 1.25 $2,064.48
6A Veltri and Son 1.15 $1,899.32
6B Veltrl and Son 1.61 $2,659.05
6C Towchester Dev.Ltd. 0.13 $214.71
7A Schickedanz Brothers Limited 8.28 $13,675.10
8A Penwest Development Corp. 6,88 $11,362.89
8B Ashdale Captial Corp.Ltd. 0.87 $1,436.88
9A Nor—Arm Developments 3.61 $5,962.21
9B Sabina Investments Inc. 3.92 $6,474.20
10A Penwest Development Corp. 7.50 $12,386.87
10B Nor—Arm Developments 1.46 $2,411.31
Totals 151.37 $250,000.00
Notes: The allowance for Soper Creek 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 Beneffing Owner Area Contributing Cost Attributable due Cost Attributable due Cost Attrbutable due Total Cost Total Amount Amount of Excess Amount of Shortfall In Amount Payable
ha to Upper and Lower to Lower Watershed to Soper Creak Erosion Attributable Collected or Security for those who Security for those who Based on the
Watershed able 1 able 2 Protection able 3 Secured to Date have already paid have already paid Seca YAmvalllabble
2A Schickedanz Brothers Limited 8.76 $114,360.45 $14,467.88 $128,828,31 $128,828.31
2B Towchester Dev.Ltd. 1.38 $18,015.69 $2,279.18 $20,294.87 $20.294,67
2B Newcastle Meadows Inc. 5.58 $72,846.04 $9,215.83 $82,081.87 $111,600.00 $29,538.13 $82,081 B7
2C Eiram Development Corporation 1.24 $16,188.01 $2,047.96 $18,235.97 $85,620.00 $67,384.03 $18,235117
2D Robert and Lawrence Chizen 17.35 $226,893.22 $28,704.50 $255,597.72 $255,597.72
2E 835607 Ontario Inc. 1.44 $18,798.98 $2,378.28 $21,17726 $21,17726
2F 865742 Ontario Ltd.Qn Trusq 2.48 $32,378.02 $4,095.92 $36,471.94 $36,471.94
4A&4H Liza Developments 8.19 $106,919.19 $77,884.48 $13,528.48 $198,330.13 $183,880.00 $34,470.13 $163,880.00
4B Wiilowbrooke Gardens 6.62 $88,423.08 $62,95425 $10,933.47 $160,310.80 $132,400.00 $27,910.80 $132,400.00
4C Marchetti In Trust 11.99 $158,527.60 $114,021.36 $19,802.47 $290,351.43 $290.351.43
4D Ministry of Government Services 21.49 $280,548.63 $204,363.56 $35,492.50 $520,404.69 $520,404.69
4E Bellman,George and Jeanne 0.89 $11,818.81 $8,463.64 $1,469.91 $21,55238 $21,552.36
4F Langerberger,Jadwlga 0.88 $11,48826 $8,368.54 $1,453.39 $21,31020 $21,31020
4G Durham Non—Profit 2.02 $28,370.79 $19,209.60 $3,336.20 $48,918.59 $40.400.00 $8,516.59 $40,400.00
5A SchickedanzBrothers Limited 24.37 $318,14859 $231,751.51 M240D6 $590,147.15 $590,147.15
5B Mclean,Daniel and Shirley 1.25 518,318.58 $11,887.13 $2,064.48 $3Q270.17 $30;270.17
6A Vettri and Son II A5 $15,013.07 $104938.16 $1,899.32 $27,848.55 $23,000.00 $4,848.55 $23,000.00
6S Veltrl and Son
1.81 21 018.30
s 1 310.
s 5, ez $2,869..75 687.97
sae, $40,400.00 ($1,412.03) $40,400.00
6C Towchester Dev.Ltd. 0.13 $1,897.13 $1,236.26 $214.71 $3,148.10 $3,148.10
7A Schickedanz Brothers Lkn ted 8.28 $108,09402 $78,740.36 $13,675.10 $200,509.58 $200,509.58
SA Penwest Development Corp. 6.88 $89,817,34 $85,426.77 $11,362.89 $166,608.99 $168,806.99
PB Ashdale Capflal Corp.Ltd. 0.87 $11.357.72 $8,273.44 $1,436.88 $21,068.04 $21,068.04
9A Nor—Arm Developments 3.81 $47,127.99 $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 $6,474.20 $94,92724 $94,92724
10A Penwest Development Corp. 7.5 $97,911.34 $71,322.79 $12,386217 $181,621.00 $148,400.00 $35,221.00 $148,400.00
10B Nor—Arm Developments 1.46 $19,060.07 $13,884.17 $2,411.31 $35,355.55 $28,600.00 $6,755.55 $28,600.00
Totals 151.37 $1,976,111.98 $1,075,642.72 $250,000.00 $3,301,754.70 $846,680.00 $M,922.161 $129,330.83 $3,172,423.87
Notes: See Also Table 1,2 and 3
y�
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
2B Towchester Dev.Ltd. $20,204.87
28 Newcastle Meadows Inc. $82,061.87
2C Eiram Development Corporation $18,238.07
2D Robert and Lawrence Chizen =255,807.72
2E 835807 Ontario Inc. $21,177,28
2F 885742 Ontario Ltd.(In Trust) $36,471.04
4A 3 4H Liza Developments $153,1560.00
48 Willowbrooke Gardens $132,400.00
4C Marchetti In Trust $200,351,43
4D Ministry of Government Services $520,404:60
4E Bellman,George and Jeanne $21,552,38
4F Langerberger,Jadwiga $21,310.20
4G Durham Non—Profit $40,400.00
5A Schickedanz Brothers Limited rya n/a
58 Mclean,Daniel and Shirley $30,270.17
8A VeW and Son $23,000.00
68 VeM and Son $40,400.00
6C Towchester Dev.Ltd. $3,148.10
7A Schickedanz Brothers Limited Na n/a
8A Penwest Development Corp. $188,808,00
8B Ashdale Captial Corp.Ltd. $21,068.04
0A Nor—Arm Developments $74,400.00
0B Sabina Investments Inc. $04,027,24
10A Penwest Development Corp. $148,400,00
10B Nor—Arm Developments $28,800.00
Totals $2,252,938.83
SCHEDULE F
+' Benefitting Owners' Contributions
Table
Storm Water Man gagement Works "Upper and Lower'Watershed and
'Lower'Watershed and
Soper Creek Erosion Protection
Area 8enefitting 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 We n/a
2B Towchester Dev.Ltd. $20,294.87 $20,294.87
28 Newcastle Meadows Inc. 582,061.87 $82,061.87
2C Eiram Development Corporation $18,235.97 $18,235.97
2D Robert and Lawrence Chizen $255.597.72 $255,597.72
2E 835607 Ontario[no. $21,177.26 $21,177.26
2F 865742 Ontario Ltd.On Trust) $38.471.94 $36,471.94
4A 8 4H Llza Developments $163,850.00 $163,860.00
4B Wiliowbrooke Gardens $132,40000 $132,400.00
4C Marchetti In Trust $290,351.43 $290,351.43
4D Ministry of Government Services $520,404.89 $520,404.69
4E Boilman,George and Jeanne $21,552.36 $21,55236
4F Langerberger,Jadwiga $21,310.20 $21,310.20
4G Durham Non—Profit $40,400.00 $40,400.00
5A Schickedanz Brothers Limited $520,147.15 n/a n/a
5B Mclean,Daniel and Shirley $30,270.17 $30,270.17
6A Vettri and Son $23,000.00 123.000 00
as Veltri and Son $40,400.00 $40,400.00
6C Towchester Dev.Ltd. $3,148.10 $3,148.10
7A Schickedanz Brothers Limited $200,509.58 n/a n/a
aA Penwest Development Corp. $16a,808.99 $188,806.99
as Ashdale Captlal Corp.Ltd. $21,058.04 $21,058.04
9A Nor—Arm Developments $74,400.00 $74,400.00
9B Sabina Investments Inc. $94,927.24 $94,927.24
10A Penwest Development Corp. $148,400.00 $148,400.00
105 Nor—Arm Developments $28,800.00 $28,600.00
Totals 63,172,423.87 62,252,938.83
IL K,
7
r
SCHEDULE F
Benefitting Owners' Contributions
Table 2
Mann Street Storm Sewer Oversizng Works
Area Benefitting 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
ha Oversizi $15,093.121ha Storm Sewer Oversizing have already paid have already kl Security Available to Owner
2A Schickedanz Brothers Limited 8.76 $132,215.73 $132,215.73 n/a
2B Towchester Dev.Ltd. 1.38 $20,828.51 $20,828.51
213 Newcastle Meadows Inc. 5.58 $84,219.61 $54,678.13 $29,541.48 $54,678.13
2C Eiram Development Corporation 1.24 $18,715.47 $42,741.83 $24,026.36 $18,715.47
2D Robert and Lawrence Chizen 17.38 $262,318.43 $262,318.43
2E 835607 Ontarlo Inc. 1.44 $21,734.09 $21,734.09
2F 865742 Ontario,Ltd.an Trust) 2.48 $37,430.94 $37,430,94
Totals 38.26 $577,482.77 $97,419.961 $24,026.98 $29,541.48 $547,921.29 $0.00
I
I
r
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 Reconstuction Secured—Mann Street Security for time who Owner Based on the Made
M .64/metre Reconstruction have already id Security Available to Owner
A Dorothy,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 AR.&C.C.Baron 9.790 $4,313.87 $5,945.36 $1,631.49 $5,945.36 $5,945.36
F P.M.&M.A.Paschowink 9.790 $4,313.87 $5,945.36 $1,631.49 $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 $8,864.35
Totals 156.201 $68,828.41 $17,834.26 $4,893.99 $69,408.53 $17,834.26
s -
SCHEDULE "G"
RATE OF AS-CONSTRUCTED COSTS