HomeMy WebLinkAbout96-153 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 96-153
being a by-law to further amend By-law
94-76, to authorize the making of an agreement
between the Municipality of Clarington and
829426 Ontario Inc. , 838038 Ontario Inc. , and
Royal Bank of Canada
WHEREAS by By-law 94-76, passsed on the 24th day of May 1994
respecting the proposed Markborough Shopping Centre lands,
Council authorized the making of an agreeement between the
Municipality and 829426 Ontario Inc. , 838038 Ontario Inc. , and
Royal Bank of Canada and amended this authorization by By-law
95-62 passed on May 8th 1995;
AND WHEREAS Council has approved the recommendations contained in
the Attachment to Report Admin-26-96 .
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON HEREBY ENACTS AS FOLLOWS:
1 . THAT by-law 94-76, as amended by by-law 95-62, is further
amended to authorize the Mayor and Clerk on behalf of the
Corporation of the Municipality of Clarington, to execute
the agreement authorized by By-law 94-76, as amended by
By-law 95-62, to contain among others, provisions to give
effect to the recommendations contained in the Attachment to
Report ADMIN-26-96 .
By-law read a first and second time this 12th day of August 1996
By-law read a third time and finally passed this 12th day of
August 1996 .
MAYOR
D Y CL
t
Province Do Process Software Ltd. • (416)322-6111
i� of Document General D
Ontario Form 4—Land Registration Reform Act MB/829426/833038
0)Registry ❑ Land Titles ® T(2) Pagel of x/13 pages
(3)Property Block 7� Property
Identifiers) Additional: El See
Schedule
(4)Nature of Document
Application to Register Notice of Agreement
Section 71 of the Land Titles Act
(5)Consideration
Dollar$
CL t�
(6)Description
Uw .-. C:3 a Part of Lot 16,Concession 1,Geographic Township of Darlington,in
ca ca Municipality of Clarington,in the Regional Municipality of Durham,
as more particularly described in Schedule A annexed hereto.
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C_ Schedule ❑
Executions
(7) This (a)Redescription (b)Schedule for:
Additional: Document New Easement Additional
See Contains:
Schedule ❑ Plan/Sketch Description X❑ Parties ❑ Other N1
(8)This Document provides as follows:
829426 Ontario Inc., the registered owner of the lands described in Part 1 of Schedule A annexed hereto and
838038 Ontario Inc., the registered owner of the lands described in Part 2 of the said Schedule A, have an
unregistered estate, right, interest or equity in the lands described in Box (6) hereof and hereby apply under
Section 71 of the Land Titles Act for entry of a notice of Agreement Amending Development Agreement No.
LT787163 in the Registers for the said Parcels.
Continued on Schedule ❑
(9)This Document relates to instrument number(s)
Nos.LT787163 and LT816411
(10)Party(ies) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
Y M D
829426.ONTARIO INC.(Owner the
---------------------------------------- '
----------------------------------------------- ..--...----------:-......------...:...-- ---...
Lands in Part 1 of Schedule A)
838038 ONTARIO INC. (Owner of the
--------------------- ----------------------------- ..
Lands in Part 2 of Schedule A)
By their �-- ------------------------------------------------- Per..---------------------..............-----........-------- ........<....1997 Of:
...--
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A4E+vl- Even- ekeAB"
�avvq arHESrct
(11) Address c/o McCarthy Tetrault,Suite 4700,Toronto Dominion Bank Tower
for Service Toronto-Dominion Centre,Toronto,Ontario M5K 1E6
(12)Party(ies) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
Y M D
THE CORPORATION OF THE MUNICIPALITY
................................................................ ................................................. .............................................................. ................................... ...............
OF CLARINGTON.(MuinicipalitY)................................................
.....................:................
:.......:
--------------------- --------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------
(13) Address 40 Temperance Street,Bowmanville,Ontario L1C 3A6
for Service
(14)Municipal Address of Property (15)Document Prepared by: Fees and Tax
J
Margaret R.Burke,Law Clerk w Registration Fee
MCCARTHY TETRAULT co
Suite 4700,P.O.Box 48 0
Toronto Dominion Bank Tower U_
Toronto-Dominion Centre
Toronto,Ontario M5K 1E6 0 Total
Document prepared using Form•L•Ware LandForms
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SCHEDULE A
PART 1: LANDS REGISTERED IN THE NAME OF 829426 ONTARIO INC.
FIRSTLY:
Part of Parcel 15-5, Section Con.1 Darlington
Being Part of Lot 16, Concession 1 of the Geographic Township of Darlington,
Municipality of Clarington, Regional Municipality of Durham, designated as Parts
22 and 23 on Plan 40R-17063 and Part 2 on Plan 40R-17180.
SECONDLY:
Parcel 15-19, Section Con.1 Darlington
Being Part of Lot 16, Concession 1 of the Geographic Township of Darlington,
Municipality of Clarington, Regional Municipality of Durham, designated as Parts
5, 6, 7, 8, 9, 10 and 11 on Plan 40R-17063.
THIRDLY:
Parcel 15-20, Section Con.1 Darlington
Being Part of Lot 16, Concession 1 of the Geographic Township of Darlington,
Municipality of Clarington, Regional Municipality of Durham, designated as Parts
12, 13, 14, 15, 16, 17 and 18 on Plan 40R-17063 and Part 1 on Plan 40R-17180.
PART 2: LANDS REGISTERED IN THE NAME OF 838038 ONTARIO INC.
FIRSTLY:
The remainder of Parcel 16-1, Section Con.1 (Darlington)
Being Part of Lot 16, Concession 1 of the Geographic Township of Darlington, in
the Municipality of Clarington, Regional Municipality of Durham, designated as
Parts 1 and 2 on Plan 40R-17063.
SECONDLY:
Parcel 15-18, Section Con.I (Darlington) being Part of Lot 16, Concession 1 of
the Geographic Township of Darlington, in the Municipality of Clarington,
Regional Municipality of Durham, designated as Parts 19, 20 and 21 on
Plan 40R-17063.
McCarthy T&rault TDO-RED #8020112/v. 1
DN: 838038.AME
AME DIN.,�G AGREEMENT MADE (in quintuplicate) this day of
, 1997
BETWEEN:
829426 ONTARIO INC. AND 838038 ONTARIO INC.,
hereinafter called the "OWNER" OF THE FIRST PART
- and -
( ROYAL BANK OF CANADA,
hereinafter called the "MORTGAGEE" OF THE SECOND PART
- and -
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,
hereinafter called the "MUNICIPALITY" OF THE THIRD PART
WITNESSETH THAT:
WHEREAS the Owners warrant that they are the registered owners of those lands described
in Schedule "A" hereto, are hereinafter referred to as the "said lands";
AND WHEREAS the Council of the Municipality has enacted By-law 90-130 being a By-law
designating all lands within the corporate limits of the Municipality of Clarington as a Site
Plan Control Area, a certified copy of which by-law has been registered in the Land Registry
Office for the Registry Division of Durham (No. 40) as Instrument No. D405251;
AND WHEREAS the Owners and the Municipality have executed a Development Agreement
dated December 20, 1996 which was registered in the Land Registry Office for the Land
Titles Division of Durham (No. 40) as Instrument Number LT 787163;
AND WHEREAS the Owners and the Municipality have executed an amendment to the
Development Agreement dated July 18, 1997 registered in the Land Registry Office for the
Land Titles Division of Durham (No. 40) as Instrument Number LT 816411;
AND WHEREAS the Municipality of Clarington has resolved to approve a further amendment
to the aforesaid Agreement;
AND WHEREAS the parties hereto agree to further amend said Development Agreement;
NOW THEREFORE, in consideration of the mutual agreements, covenants and promises
contained herein, the parties hereto agree as follows:
L.R.: 24.2.93
-2-
1. Schedule "C" of the Development Agreement between the Corporation of the
Municipality of Clarington, 829426 Ontario Inc., 838038 Ontario Inc. and Royal Bank of
Canada registered in the Land Registry Office for the Land Titles Division of Durham (No. 40)
as Instrument Number 787163, is hereby further amended by introducing building elevations
forming Schedule "C-2" to this Agreement.
2. SCHEDULES
For the purposes of this agreement the Schedule C-2, attached hereto, together with
all provisions therein, is hereby made a part of this Agreement as fully and for all purposes
as would be the case if they were set out in the text of this Agreement as covenants and
agreements:
Schedule "A" - "Legal Description of the Lands"
Schedule "B" - "Affidavit of Ownership"
Schedule "C-2" - 'Building Elevations"
Schedule "D" - "Works Cost Estimate"
Schedule "E" - "Lands to be Transferred"
Schedule "F" - "Easements to be Transferred"
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day
and year first above written and the parties hereto have hereunto affixed their corporate seals
by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
In the presence of: )
MAYOR
CLERK
82,942130 INC.
Mark Reeve, Director
}
iam . W ker, Director
HA E AWWATY TO 4601 4 -IHC- 6W#e47-110 N
83 Q038 ONTARIO INC.
rk Reeve, Director
c�'
W' am Ik Director
W- H A v F 4u7V f1Ty Ta Blab T+E Coy??d kAt-,,oN
ROYAL BANK OF CANADA
) iC�ir-rte Tip.
. B. COLLIER
I ACCOU MANAGER
CHRISTA B. HUEBNER
SENIOR ACCOUNT MANAGER
L.R.: 03.10.95 W6 H g✓C-- ANMO-ATY To 610-b i7fF �R�OR9T IOIV
4
THIS IS SCHEDULE "A" to the Agreement which has been authorized and approved
pursuant to By-law No. 90-130 of the former Town of Newcastle (now the Municipality of
Clarington), enacted and passed the 23rd day of July, 1990.
LEGAL DESCRIPTION OF SAID LANDS
FIRSTLY: Part of Parcel 15-5, Section Con.-Newcastle (Darlington) being Part of Lot 16,
Concession 1, Geographic Township of Darlington, Regional Municipality of Durham
designated as parts 4 to 24 both inclusive on Plan 40R-17063.
SECONDLY: Parcel 16-1, Section Con.- (Darlington) being Part of Lot 16, Concession 1,
Geographic Township of Darlington, Regional Municipality of Durham designated as parts
1, 2 and 3 on Plan 4013-17063.
L.R.: 03.10.95
THIS IS SCHEDULE "B" to the Agreement which has been authorized and approved
pursuant to By-law No. 90-130 of the former Town of Newcastle (now the Municipality of
Clarington), enacted and passed the 23rd day of July, 1990.
AFFIDAVIT OF OWNERSHIP
829426 Ontario Inc. and 838038 Ontario Inc. are the Owners of the Property as described
in Schedule "A" attached hereto and as such, has knowledge of the matters hereinafter
contained within this Agreement.
L.R.: 03.10.95
THIS IS SCHEDULE "C-2" to the Agreement which has been authorized and approved
pursuant to By-law No. 90-130 of the former Town of Newcastle (now the Municipality of
Clarington), enacted and passed the 23rd day of July, 1990.
'AS PER ATTACHED'
L.R.: 03.10.95
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THIS IS SCHEDULE "D" to the Agreement which has been authorized and approved
pursuant to By-law No. 90-130 of the former Town of Newcastle (now the Municipality of
Clarington), enacted and passed the 23rd day of July, 1990.
WORKS COST ESTIMATE
(not applicable)
L.R.: 03.10.95
THIS IS SCHEDULE "E" to the Agreement which has been authorized and approved
pursuant to By-law No. 90-130 of the former Town of Newcastle (now the Municipality of
Clarington), enacted and passed the 23rd. day of July, 1990.
LANDS TO BE TRANSFERRED
Nil
L.R.: 02.10.95
THIS IS SCHEDULE"F"to the Agreement which has been authorized and approved pursuant
to By-law No. 90-130 of the former Town of Newcastle (now the Municipality of Clarington),
enacted and passed the 23rd. day of July, 1990.
EASEMENTS TO BE TRANSFERRED
Nil
L.R.: 02.10.95
DATED: 1997
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
- and -
829426 ONTARIO INC.
- and -
838038 ONTARIO INC.
- and -
ROYAL BANK OF CANADA
DEVELOPMENT AGREEMENT
The Corporation of the Municipality of Clarington
Planning Department
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
File: DEV 97-066
L.R.: 28.11.89