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HomeMy WebLinkAbout96-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 96-42 Being a By-law to authorize the execution of an Easement Agreement between The corporation of The Municipality of Clarington and Nantucket Condominium THE CORPORATION THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and the Clerk are hereby authorized to execute, on behalf of The Corporation of The Municipality of Clarington, and seal with the Corporate Seal, an Easement Agreement between the said Corporation and Nantucket Condominium, which is attached hereto and marked Schedule "A". BY-LAW read a first and second time this 12th day of February, 1996. BY-LAW read a third time and finally passed this 12th day of February, 1996. MAYO r CLERK Pravmea /� Document General of Ontario Form 4—Land Registration Refofrh Act , ? I (1)Registry Lantl Tltlea (7) page/at 3t Pe ee pyon 2 aJ Propofty pIOaK. Property, ,- Idantiflet(a) AddAfanal: ., Sire +) Nat-l-bf Doaumont Schedule APPLICATION TO REGISTER NOTICE OF AN AGREEMENT - SECTION 71 LAND TITLES ACT on a)Consideration n/a +y C` e - Doliars S U Oea �' _' ) Bra Pit Parcel 29-1, Section Con. 2, Darlington, ca being Part of Lot 29, Concession 2, Municipality of Clarington, Regional. Municipality of Durham (formerly Township of kew Praporty i' nUhoro Darlington, County of Durham) , comae Soo ..' Aatl�twnw: 9. schedule Exacuttons Aotlaonm, (>)This (a)RedoiCnphon :(b)Schedule For: y� Documant' New Easement schaouie ❑ Contours; PlenlSKaton Thla Doaumb Description Adtlltlonal nt pravtdoa as follawe; Parties Other x (g) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON being interested in the above lands of which HALCORP HOLDINGS LIMITED is the registered owner, hereby applies under Section 71 of The Land Tirt1/es Act to register Notice of an Agreement dated /Q-)rL,)11 �fttl 1996, • between _""d HALCORP HOLDINGS LIMITED and CANADIAN IMPERIAL BANK OF COMMERCE and THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Continued on Scnedule u) E tataa tb motrumont numoar(a)(so) out statue br interest) Signature($) Data at Signature TORPORATION OF THE MUNICIPALITY y D D ,�.- •1996 : .p OF CLARINGTON 8y its,*solic tcr;'*' b * I: "' .................... ........................................... ..... {. . (tt)Address for service 40 Tem erance Street, BOWMANVILLE, Ontario. L1C ,3A6 (12)Party(lao) (Set out status or intereso Nemo(a) Signature(s) Date of signature ..F.A7aGOltJ'.,HOLDIRGS..LIMI.TSD...(gWVB R).......... M Q i ..............I............................. , CAtvAD,IAN..IMPEItIAI,..$ANK.OB..COMMERCE...�CHARC�EE)......... ................ .................... .......... ....................... .......,•..................................,,,.. tfpl Addraas for sonIca ].748 Baseline Road West COURTICE Ontario- L1E 2T1 (f4)Municipal Address or Property ($a)Document Prepared by: Fees and Tax .1 NOT ASSIGNED GEORGE L. SMITH W ReputrattonFea Lawyer H 226 Queen St., Box 5243 'w PORT PERRY, ON L91, 1B9 -° (96-494/ba) o 0 0 o,n ExperTOxt Systema Lac.Form Total 04:►w.coAPZW a DEVELOPMENT AGREEMENT MADE (n quintuplicate)this(nay of Qua ' 1996 BETWEEN: HALCORP HOLDINGS LIMITED hereinafter called the"OWNER"OF THE FIRST PART -and- CANADIAN IMPERIAL BANK OF COMMERCE, hereinafter called the"MORTGAGEE"OF THE SECOND PART -and. THE CORPORATION OF THE MUNICIPALI Y OF CLARINGTON hereinafter called the"MUNICIPALITY"OF THE THIRD PART WHEREAS the Council of the Municipality has enacted Bylaw 90.130 being a by-law designating all lands located 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 Owner proposes to erect ninety-two(92)link townhouse condominium development on the said lands and has requested the Municipality to approve the said development pursuant to the provisions of By-law 90-130; AND WHEREAS it is the intention of the parties hereto that an application will be made for the registration of the said Lands under the provisions of the Planning Act and the Condominium Act; ' AND WHEREAS the lands affected by this Agreement,are described in Schedule OR hereto and hereinafter referred to as the"said lands"; AND WHEREAS the Owner has represented to the Municipality that the said lands are registered in the name of Halcorp Holdings Limited is the beneficial Owner of the said lands as stated in the affidavit attached to this Agreement as Schedule"B AND WHEREAS the Owner warrants that it has entered,or will enter into an Agreement with the Regional Municipality of Durham,for the provisions of services from Regional Road# 34 (Courtice Road)with the approval of the Director of Public Works of the Municipality of Clarington. AND WHEREAS the Owner warrants that it has entered,or will enter into an Agreement with the Ontario Hydro,for the provision of an electrical distribution system and respecting any Ontario Hydra easements; i NOW THEREFORE, In consideration of the mutual agreements and covenants hereinafter contained,the parties hereto agree as follows: i LR.: 23.02.93 i .2. 3 1. Annexed hereto and marked as Schedule"C"Is a site plan showing the size,location, elevation and exterior architectural design of the building which the Owner proposes to erect on the "said land", which shall require the approval of the Director of Planning and w Development and the Director of Public Works prior to the Issuance of building permits. 2. The Owner agrees that no buildings or structures,other than the building shown on Schedule"C"shall be erected on the"said lands"and further,that In the construction of such building,the Owner will comply with the elevations,exterior architectural design,the location of the buildings on the lot and all other matters relating to the building shown on Schedule "C", unless otherwise approved by the Director of Planning and Development and the Director of Public Works. 3. PARKING AND ACCESS (a) The Owner agrees to provide and maintain off-street parking and driveway access in accordance with Schedule"C"and to do so in accordance with specifications to be approved by the Director of Public Works which shall include a surfacing of parking areas with concrete or bituminous asphalt.No parking of vehicles shall be permitted on access or driveway areas which shall be signed and maintained as fire access routes to the satisfaction of the Fire Chief. (b) The Owner acknowledges that the emergency fire access route shall be constructed in accordance with the specifications as approved by the Director of Public Works and the Fire Chief. The Owner acknowledges that the emergency fire access route is to be provided at the Owner's expense In conjunction with the initial phase of development of said lands and issuance of the first building permit for one(1)of the residential buildings. 4. GARBAGE AND WASTE (a) The Owner agrees to provide curbside garbage collection for each residential unit within the lands by private contract on a regular basis at its own expense. A copy of the legal contract between the Owner and the company or corporation contracted to facilitate garbage collection shall be provided to the Municipality for its records. There shall be no outside storage of garbage or waste materials over an extended period of time other than that reasonably required for regular curbside garbage collection. (b) In the event that curbside garbage collection for each residential unit within the lands by private contract is not continued,and the Owner wishes to erect a garbage and waste storage facility or enclosure,the Owner shall amend the site plan agreement to the satisfaction of the Director of Planning and the Director of Public Works. 4. GARBAGE=AND WASTE-Cont'd (c) The Owner further agrees to remove garbage and other waste materials as often as may be required by the Director of Public Works and the Fire Chief. 5. SNOW REMOVAL. The Owner agrees to remove all snow from access ramps,driveways,parking areas, loading areas and walkways within twelve(12)hours of the cessation of any fall of snow. 6. GRADING AND DRAINAGl (a) The Owner agrees to undertake the grading of and provide for at his cost the disposal of storm,surface and waste water from the"said lands"and from any buildings or structures thereon in accordance with plans and specifications to be approved by the Director of Public Works and annexed to this Agreement as a portion of Schedule"C". Furthermore,the Owner covenants and agrees to provide, acquire and convey to the Municipality, free and clear of all encumbrances, all necessary easements in a location approved by the Director of Public Works for the disposal of storm,surface and waste water from the"said lands". (b) The Owner shall complete all grading and installation of all drainage facilities, including catch basins and storm water retention/detention facilities, in accordance with the said plans as approved and to the satisfaction of the Director of Public Works and all such drainage facilities associated with any building shall be completed prior to the occupancy of such building to be developed in accordance with this Agreement. Furthermore, the Owner acknowledges that the "Outfall System", pursuant to the "Storm Drainage Works"as approved in design and location by the Director of Public Works, Is to be installed at the Owner's expense. (c) The Owner agrees to maintain at all times in good condition and repair all buildings and works shown on Schedule "C" and more particularly shall maintain in a condition satisfactory to the Municipality the aforementioned drainage facilities and all of the various items of landscaping Including,without limiting the foregoing,the cutting of grass on all sodded areas. 7. ILLUMINATION i The Owner agrees to provide illumination of the "said land" and buildings in accordance with plans and specifications to be approved by the Director of Public Works and to refrain from erecting or using any form of Illumination which, In the opinion of the Municipality,would cause any traffic hazard or would cause a disturbanceto residential uses adjacent to the"said lands". I i •4- I 8. FSNCING AND LANDSCAPING " (a) The Owner agrees to erect and maintain fences and plant and maintain,trees, shrubs or other suitable ground cover in accordance with the approved site plan and/or landscaping plan as per Schedule"C" of this agreement. The Owner further acknowledges that the Municipality has the right to draw on the Letter of Credit with respectto the performance Guarantee for the landscaping works at any time when deemed necessary by the Director of Planning and Development. (b) The Owner further covenants and agrees to the progressive vegetation and landscaping of the said lands as soon as practical and to complete all vegetation and landscaping and all other items as shown on the said Schedule"C"in a manner satisfactory to the Director of Public Works and the Director of Planning within six(6)months of the completion of each respective building shown on Schedule"C" (c) The Municipality shall retain the Letter of Credit for any landscaping works completed in accordance with the approved site plan and/or landscaping plan as per Schedule"C"of this agreement for a period of one (1)year upon the completion of any landscaping works to ensure thatthe landscaping and plant material are property installed. 9. SIDF.`WALKS-Not Applicable The Owner agrees to reconstruct or repair, to the Municipality's specification, a sidewalk along those portions of which abut the"said lands"and which may require reconstruction or repair as result of the construction of the building and structures to be erected on the"said lands". 10. ARCHITECTURAL CONTROL The Owner agrees that prior to the issuance of a building permit, submit to the Director of Planning and Development for approval, a coloured schedule delineating the building materials and colours for all building and structure. The Owner further covenants and agrees that no mechanical equipment,such as air conditioners or ventilators,shall protrude from the roof or any other portion of the building unless the design and location thereof, including the screening of such equipment from public view,is approved by the Director of Planning and Development. t0 .g. 11. APPROVAL OF PLANS AND SPECIFICATIONS The Owner agrees that the issuance of any building permit in respect of the"said lands" shall be prohibited until all plans and specifications required pursuant to this Agreement have been approved by the Municipality. 12. REGISTRATION AND ENFORCEMENT The Owner agrees that this Agreement shall be registered against the title to the"said lands" and that the Municipality will enforce the provisions of this Agreement against the Owner of the"said lands"and subject to the provisions of the Registry Act and the land Titles Act, as amended, against any and all subsequent Owners of the"said lands".The Owner further agrees to reimburse the Municipality for all reasonable legal fees associated with undertaking the registration of this Agreement. The Owner agrees to connect to sanitary sewer,watermain and storm sewer if and when these services are made available to the subject lands in the future.The Owner further agrees to bear all connection and frontage charges related thereto. 14. APPROVAL OF COST ESTIMATES The Owner agrees that prior to the issuance of any building permit for the building Identified on Schedule"C"hereto,the estimated cost of construction and Installation of the external works,including landscaping and fencing,required by this Agreement,hereinafter called the"Works Cost Estimate" and"Landscaping Cost Estimate"shall be approved by the Director of Public Works and Director of Planning and Development and annexed to this Agreement on Schedule"D". The said approved"Works Cost Estimate"and"Landscaping Cost Estimate"shall be deemed to have been included in this Agreement at the date of its original execution, whether or not it was, in fact, so included and whether or not it is, In fact, entered in Schedule"D"hereto. 15. PERFORMANCE GUARANTEE REOUIRED (a) Prior to the issuance of any authorization to commence work,the Owner shall provide the Municipality with a"Performance Guarantee",in the form of cash or an irrevocable Letter of Credit issued by a chartered Canadian Bank in an amount equal to the"Works CostEstimate".The"Performance Guarantee"may be used by the Municipality as set out in Clause 14 in the event that the Ownerfails to satisfactorily meetthe requirements ofthis Agreement In respect of the provisions of the specified works and facilities. '6- 15. PERFORMANCE GUARANTEE_REQUIRED-Cont'd (b) All submissions made under paragraph 15(a) above, shall be approved by the " Treasurer of the Municipality. 16, USE OF PERFORMANCE GUARANTEE The Owner agrees that the Municipality may,at any time,authorize the use of all or part of any Performance Guarantee if the Owner fails to pay any costs payable by the Owner or construct any works required by the Municipality under this Agreement. In the event the Performance Guarantee is not sufficient to cover the costs of all required works, the Owner agrees to reimburse the Municipality within 30 days upon demand for payment by the Municipality.The Performance Guarantee will be returned to the Owner upon completion of all works to the satisfaction of the Director of Public Works and the Director of Planning and Development. 17. PAYMENT TO THE MUNICIPALITY (a) The Owner shall pay to the Municipality of Clarington by cash or certified cheque, the sum of$457,544.81 being a fixed payment by the Owner to the Municipality prior to the issuance of any building permit on account of the following: (i) Development Charges Levy for 92 link townhouse dwelling units to be erected at$4,376.00 per unit $402,592.00 (1i) Payment in lieu of parkland dedication,hereby fixed at $ 52,371.00 (iii) contribuition towards erosion control works based on the East (Macourtice) Tributary of the Black Creek Master Drainage Study dated August 1991, prepared by G. M. Sernas and Associates and as finally approved by the Director of Public Works $ 1,241.53 (I v) contribuitions towards the cost of preparation of the approved Master Drainage Study referenced in paragraph 17(a)(iii) $ 1,340.28 (b) The Owner shall pay the Development Charges in accordance with the Schedule of Payment of Development Charges contained in Schedule "G" hereto. Each payment of Development Charges set out in Schedule"G"shall be adjusted as required by the Development Charge By-law prior to the issuance of any building permit in respect of any lot(s) or block(s) on the Lands, to take into account increases or decreases In the Development Charge rate imposed by the Development Charge By-law then in effect as well as adjustments made pursuant to Section 10 of the Development Charge Bylaw. (c) The money paid by the Owner under paragraph 17(a) shall, upon payment, become the sole and absolute property of the Municipality of Clarington free from all claims of the Owners and the Owners shall not, under any circumstances,be entitled to any refund of any part of the said money,whether or not the actual cost of providing the services is less than the fixed amount paid by the Owner under paragraph 17(a). -7- 18. PERMITS The Municipality agrees that upon the Owners complying with the provisions of this Agreement respecting approval of all plans and specifications required herein,building permits will be issued in accordance with the plans subject to payment of the usual permit fees and other fees as are payable under By-law currently in force In the Municipality and provided that all building plans comply with the Ontario Building Code and such other Municipal by-laws as may be relevant and further provided that the Regional Municipality of Durham has approved the necessary connections to the municipal water and sanitary sewage systems and where any Agreement Is required in respect of storm water run-off,that a copy of said agreement has been deposited with the Municipality. The Municipality further agrees that upon the Owners complying with provisions of By-law 76.25,as amended(Sign ay-law), sign permits will be issued in accordance with said By-taw subject to payment of the usual permit fees currently in force. 19. MINISTRY OF NATURAL RESOURCES REQUIREMENTS The Owner agrees to carry out or cause to be carried out to the satisfaction of the Ministry of Natural Resources the following matters: (a) Prior to final registration of the Plan of Condominium, or any on-site grading or construction,the Ministry of Natural Resources must have reviewed and approved reports describing: i) the intended means of conveying stormwater flows from the site,Including use of stormwater management techniques which are appropriate and in accordance with the provincial "Urban Drainage and Design Guidelines", April 1987; ii) the anticipated impact of the development on water quality,as it relates to fish habitat,once adequate protective measures have been undertaken; ii) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction. These means should be in accordance with the provincial"Guidelines on Erosion and Sediment Control for Urban Construction% Please Note: Ponds for sediment control should be capable of accommodating 125 cubic metres/hectare of contributing drainage area for a period of not less than 12 hours.or removing particle sizes down to 40 microns. iv) site soil conditions,including grain size distribution profiles; and v) site grading plans. -8- 19. MINISTRY OF NATURAL RESOURCES REQUIREMENTS-Cont'd (b) Detailed plans shall be submitted regarding alterations to Black Creek (new spillways at culverts,etc.)and be Implemented as per ministerial approval. Any proposed alterations require application under the Lakes and Rivers Improvement Act for review and approval by the Ministry of Natural Resources. (c) Prior to any grading or construction on the site, the Owner shall erect a snow fence with geotextile fabric along the"limit of the floodplaW. No disposal of fill or disturbance of vegetation shall occur beyond this point during the entire construction phase. (d) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures in operation and in good repair during the construction period,in a manner satisfactory to the Ministry of Natural Resources. (e) The Owner agrees to notify the Maple office of the Ministry of Natural Resources at least 48 hours prior to the initiation of on-site development. 20. MINISTRY OF ENVIRONMENT AND ENERGY REQUIREMENTS The Owner agrees to carry out or cause to be carried out to the satisfaction of the Ministry of Environment and Energy that the following noise warning clause is incorporated in all Offers of Purchase and Sale for the affected lots nearest to Highway 2: "Purchasers are advised that noise levels may be of concern occasionally interfering with some activities of the dwelling occupants." 21. CENTRAL LAKE ONTARIO CONSERVATION aUTHORITY REQUIREMENTS The Owner agrees to carry out or cause to be carried out to the satisfaction of the Municipality and the Central Lake Ontario Conservation Authority the following matters: (a) No grading,filling, or the construction of storm servicing shall occur for the said lands without the written approval of the Municipality and the Conservation Authority. (b) The Owner's engineer shall prepare a maintenance and monitoring program for the stormwater Infiltration facility for approval by the Central lake Ontario Conservation Authority. The program shall include: i) a schedule for long and short term maintenance requirements for the stormwater infiltration facility; and, 21. CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY REQUIREMENTS-Cont'd ii) a schedule for the monitoring program outlining procedures and associated costs to be determined by the Owner's engineer and approved by the Central take Ontario Conservation Authority in conjunction with the Municipality of Clarington. (c) The Owner hereby commits to fulfil the maintenance and monitoring programs as outlined in paragraph 19(b)and as finally approved by the Central take Ontario ' Conservation Authority. 22. PRIVATE WATER SUPPLY The Owner agrees to,If the well or private water supply of any person outside the lands is interfered with or dewatered as a result of the construction or installation of the Works: (a) Where the interference to a well or private water supply is short term In duration (to: during the course of dewatering and excavation and within one month of the completion of dewatering),the Owner shall make available to the affected party, a temporary supply of water at no cost to the affected party; or, (b) In cases in which an Appropriate Authority (being the Municipality of Clarington, the Regional Municipality of Durham,a Ministry of the Crown In right of Ontario or other authority or agency considered to be appropriate for the purpose of the Director) determines that the well or private water supply of any person is Interfered with either as a result of the grading of, construction on, or the development of the lands or any portion of the lands, or as a result of the construction or installation of any Works, the Owner, at its cost, either shall connect the affected person to the municipal water supply system or shall provide a new well or private water system so that water supplied to the affected person shall be of quality or quantity at least equal to the quality and quantity of water enjoyed by the affected person prior to the interference. 23. LAPSE OF APPROVAL In the event a building permit has not been issued to the Owner within the period of two (2)years from the date of this agreement,the parties agree that the terms and provisions of said agreement shall become null and void. ' 11 -10- 24. CONSTRUCTION COMMENCEMENT (a) The Owner agrees to commence construction of any building or buildings for which a permit may be issued under paragraph 18 hereof as soon as is reasonably practicable following the issuance of any such permit. (b) The Owner shall ensure that adequate services and property access is available for fire protection purposes as required by the Ontario Building Code and Ontario Fire Code. 25. MAIL DISTRIBUTION SYSTEM The Owner shall arrange with Canada Post for the provision and installation of a mail distribution system to service the said lands, in the location as approved by the Directors of Public Works and Planning. 26. CERTIFICATION OF OWNERSHIP On the date of execution of this Agreement,the Owner shall provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title of the said lands and setting out the names of all persons having interests in the said Lands and the nature of their interests. 27. TRANSFER OF LANDS On the date of execution of this Agreement, the Owner shall deliver to the Municipality executed transfers,sufficient to vest in the Municipality title in fee simple absolute free and clear of all encumbrances and restrictions, of the lands set out in Schedule"E"hereto. All transfers referred to in this paragraph 27 shall contain provisions to the satisfaction of the Municipality's Solicitor,shall be made for a nominal consideration,and shall be In a registerable form. 28. TRANSFER OF EASEMENTS On the date of execution of this Agreement, the Owner, at its cost, shall deliver to the Municipality the executed transfers of easements which are set out in Schedule"P. Such transfers shall be free and clear of all encumbrances and restrictions, shall be made for a nominal consideration, shall contain provisions satisfactory to the Municipality's solicitor, and shall be In a registerable form. -11- 29. REGISTRATION OF TRANSFERS The transfers referred to in paragraphs 27 and 28 shall be prepared by the owner and shall be registered at the Owner's expense,at the same time as the Plan is registered. 30. POSTPONEMENT OF MORTGAGE The Mortgagee tending his mortgage to this Agreement with the intent that this Agreement shall take effect as though dated,executed and registered prior to the mortgage. In the event that (1)the Mortgagee obtains an order of foreclosure against the Owner,(2)the Mortgagee directly or indirectly takes possession of the Lands,or(3)the Lands are sold after default occurs under the Mortgage,the Lands shall not be used or developed by any person otherwise than in conformity with the provisions of this Agreement. In order to give further assurance to the Municipality,the Mortgagee at its cost shall execute a separate Postponement Agreement containing terms satisfactory to the Municipality's Solicitor forthwith after being requested to do so by notice given in writing to the Mortgagee and to deliver the same to the Municipality, 31. INTERPRETATION NOT AFFECTED BY HEADINGS The division of this Agreement Into paragraphs and the insertion of headings are for convenience of reference only and shall not in any way affect the interpretation of this Agreement. 32. SygHEDULES The following Schedules which are attached hereto,together with all provisions therein,are 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 OR - "Legal Description of the Lands" Schedule"B" - "Affidavit of Ownership" Schedule"C" - "She Plan" - Site Plan SP-1 Site Grading Plan SP-2 Site Services Plan SP-3 Erosion&Sediment Control Plan SP-4 Storm Scheme SP-5 Storm Sewer Outfali&Sand Filter Details D-1 Retaining Wall Details D-2 Notes and References R-1 Concept Landscape Plan Schedule"D" "Works Cost Estimate"-Stormwater Oudali "Landscaping Cost Estimate"-Landscaping Works Schedule"E' - "Lands to be Transferred" Schedule"F" - "Easements to be Transferred" Schedule"G" - "Schedule of Payments of Development Charges" i .12- 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 In the presence of: } THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON MAYOR_ } } } } CLERK HALCORP HOLDINGS LIMITED HANNU HALMINEN, PRESIDENT IIAL } } } NAME } TITLE (PLEASE PRINT) L.R.:02.10.95Qi��l1J THIS IS SCHEDULE "A" to the Agreement which has been authorized and approved pursuantto By-law No.90.130 of theTown of Newcastle(now the Municipality of Caarington), enacted and passed the 23rd.day of July, 1990. LEGAL DESCRIPTION OF SAID LANDS ALL AND SINGULAR that certain parcel or tract of land and premises situate,lying and being in the Municipality of Clarington, in the Regional Municipality of Durham, and being composed of that Part of Lot 29,Concession 2,former Township of Darlington and further described as Part 1 and 2 on Registered Plan 10R3359. L.R.: 02.10.95 THIS IS SCHEDULE V to the Agreement which has been authorized and approved pursuantto Bylaw No.90.130 of theTown of Newcastle(now the Municipality of Clarington), enacted and passed the 23rd.day of July, 1990. AFFIDAVIT OF OWNERSHIP Halcorp Holdings Limited are the Owners of the property as described in the in the Schedule W attached hereto and as such,have knowledge of the matters hereinafter contained within this Agreement. L.R.: 02.10.95 THIS IS SCHEDULE "C" 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. Y II 'AS PER ATTACHED' L.R.: 02.10.95 Slit toy"Act DARX,Nc. 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EROSION AND SEOf%ei -� jr{ SL CONTROL PLAN K//VCS HICIMA r No or•(tiom Cr Odftmo Ci EROSION AND SEOf%ei CONTROL PLAN K//VCS HICIMA r No or•(tiom Cr Odftmo Ci i i I I sAtr CAM LEGEFD tECTARES .TO RUNOFF IN CO-EFFICIENT DRAINAGE BOUNDARY KINGS H/CHXAY NO. 2 NOTE- THIS PLAN IS FOR STOW DRAINAGE AREAS OILY I uaa.r.. KEY PLAN I Y},ICVA MOF CLµM'W I STORM SCHEME (�a.sxo.amai.a w..e.I.e..usc.e �•Nr.. of..fa��fifill7't II- ~5&ftt�lL— —�� �•F 11_ III f , % .. ;� .7/ _ ` " ...+° sa'` +�, OpO � Far S••� .i^� ! � ❑ S f 11 7 1ti 17C � ;.._ O.i . ir7 �-•�w �� � X11' i,• �.4 , '72 t:i t4j ::�ssi:;: tr: �":,'M— -TO aa. c .J/'• 1 .: V. '.. �•.•/ 1 /"�ry"`S-'Y:. �' �_ p F ` _ _..�^ca"�• ALAN e0s-5M j•' I sAtr CAM LEGEFD tECTARES .TO RUNOFF IN CO-EFFICIENT DRAINAGE BOUNDARY KINGS H/CHXAY NO. 2 NOTE- THIS PLAN IS FOR STOW DRAINAGE AREAS OILY I uaa.r.. KEY PLAN I Y},ICVA MOF CLµM'W I STORM SCHEME (�a.sxo.amai.a w..e.I.e..usc.e �•Nr.. of..fa��fifill7't II- »r PL&N � rr.oann.+ t..K.[t.•.ls.,»r.area.�•~.:�' r..tuY cuts r.t aura. m .__ — NlT.trrubr.tK.1r•..i. Kum�`l•K M•S•. y.4jr _ MKY.m.R Y44.n .aMt��r..Rµy......o—...Y.m• v,a >;i ff ii it ii i5 iI i� l{Y 1:7 LATERAL SECTION ----------------- a�n,.R•m.r,..ate..l..Km LONGTr IUOtNILL SECT ION "`�"""f°"""""a.a.-.• SAIO FILTER DETAIL t.7 1 I _ I' ' �; v �r DCraTCrtFD { Cam{ 1 Fi � Wv u.l.rv.w n DaAC.CAEC. •]RC SITE ---'li..e..•Kr N4•r•. —�!_Y...a r+.r GfiJ ..,..°..o..w.s.�.Ta m.•.N v: �1 iA 47 N i�H AIM V i�M•.M�iq iu°.irr w.Kr:.iiiluK JERSEY BARRIER JOINT TREATMENT SECTION A•A SEG T I ON B-B •�: rmy'_aq..a.s n R a:`v°i�r.�li+:n:'l:_: A•4Si to Rr�iiiiiin•Y•{e M il�in t.�f_.r.K• f V .Y �l•/.S�l�r[M M SKr iSM1••.{tNq.•w•nI•, _ w K tNKK lt: '` t••M K LATER METER A1D BAC%F 01 PREVENTOR LAYOUT n.K �� sccrla VEIR DETAIL W 11 STORM SERER OUVALL AND SAND FILTER DETAILS I�)s o.an,wl.a A••. e.t.trwllo n d N •l ae.. 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K«<W % 4 t•1.....stt t 4.31 Ktl.eii F•.t K[I•a a 4•M.tMt[..rl.+ s. r .H• t•ot.1t•e.[•+c.in•. t.s t •11a e.• .EY r WC4.3.Y.%1 n<..«t.r..t..c wR e t.1•4 v<v.t•1 .t •Y• {..Y.K<t 1.1<.YA•i .l •.✓ (•.V Kih A.t�t(Ktt• r�1 1.t«Rl f.N rdP.. ..Y ■A.I— fY!( s •Y• [}ciN Yr p tW • .W t}trr t.A•t. ..a mn. •Y«1.r.R...tlrq«.. MICAL ROAD SECUON •91THN SITED .q ��4alp OESC1u►itpt IA7ES t.lE1![•rK KS• N. A<.t«Rwn.l<. t.R taw■l...t t.rt H•t•••i.•..<t<.•.. t 4.31 Ktl.eii F•.t K[I•a r 4•x u��r..�.nt �t+iutia Ns.ii1+.4 ..Y lwM:} rp'rti..ctR= «�ttR( f.Vtttat YY.af 4•.t K<.•i Kt[µf}.Nt.l+ t•. .a.....ot H•.t.< w qt 1[w t•<N t+•.+.YK4 srnr.KKN {....r.K<...rr A..•u<.ic...a a i u�•� t<.•3r 1.1 tiTT.<,a[Y.l(M.c.l. T:t..• t•.•.A ae YY.r^O 1.<t[(tri tt M.•+4 t<rw l.t.•.•r(.%+ut r.rtt:iart:•'ra:[t u<k��o..:+unc.ltl:.w « a✓tt ant•..t t�I•f.....[[O.i.u K—.1 tt. Sul K Mn.na t<T.Y.•1'Pt-<11 t« t1t.f.t.l.ti f•Y K.•Y 1 T t.RY 1..4M Maul la R.w rnuat Rn tnt.an.aax n K••r>:.T Imt<.•[.{s1 e t.alKr.ttllt s.tl [bf QIY.Y...} LIOLETr[KK.K4•Sn V�07T 1111.H M.,..}r.+t t•3r Mt 1r s .[rasa �A AF XKa(L.qf(i n r4('a•.rr•r.'aa ...Y t V w.n.aK•YOa iuTiUA uar.>tf. aaMtipR7 ctrowttnua� ww.tu,v(a J --a.fat IMfL.K �L7� —Ru Q v I��tt �rm*rrpT�� M o�� AF XKa(L.qf(i n r4('a•.rr•r.'aa ...Y t V w.n.aK•YOa iuTiUA uar.>tf. aaMtipR7 ctrowttnua� ww.tu,v(a J --a.fat IMfL.K —Ru NO-SUNA- =_;F--dmc XCIDUCOA tsEt SECIM tt"IVEA*A TPEt SEVIM Rl. asset asset Ras llllljll I W.M.WE R FE71--k-Eim—"-A ■ FBI N.L,IKw tort's v • FBI N.L,IKw tort's v i a� 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. u WORKS COST ESTIMATE STORMWATER OUTFALL COS Concrete Headwall $2,200.00 G 600 x 1000 x 1000mm Armour Stone $ 200.00 600 x 600 x 1 000m Armour Stone $2,550.00 200-300mm Rip Rap $1,200.00 Topsoil and Sod $ 300.00 Topsoil and Hydroseed 300 Subtotal $6,750.00 15%Engineering and Contingencies $1,012.50 Subtotal $7,762.50 7%G.S.T. $ 543.38 TOTAL CONSTRUCTION COST $8,305.88 LANDSCAPING COST ESTIMATE LANDSCAPING WORKS COST Play Area Sand Area Base $1,695.00 Play Equipment $4,500.00 Sodding $16,732.50 Signage $ 500.00 Garden Pergola $3,500.00 Seeded Area(Infiltration Pond) $ 835.00 1.8 m Wood Boundary Fencing $4,550.00 Plant Material $00,000.00 TOTAL LANDSCAPING COST $62,31250 I I I I LR.: 02.10.95 THIS IS SCHSDULB "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. I LANDS TO BE TRANSFERRED Part 1 of Registered Plan 10R3799 for open space purposes. L.R.: 02.10.95 THIS IS SCHEDULE "F"to the Agreement which has been authorized and approved pursuant to By-law No. 90.190 of the former Town of Newcastle (now the Municipality of Clarington),enacted and passed the 23rd.day of July,1990. EASEMENTS TO BE TRANSFERRED Part 2 of Plan 40R-16890 to be used as a multipurpose municipal trail. LR.: 02.10.95 THIS IS SCHEDULE "G" 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. SCHEDULE OF PAYMENTS OF DEVELOPMENT CHARGES Subject to Section 17(a)0)of this Agreement,the Owner shall make the following payments on account of Development Charges to the Municipality in respect of the development of the Lands consisting of 92 link townhouse dwellings (collectively referred to as the "Total Dwellings") on the occasions set out below. Subject to the adjustments referred to in Section 17(a)o of this Agreement the aggregate amount so payable is$402,592.00 dollars payable as follows: (a) Twenty-five (26%) percent of the aforesaid aggregate amount being one hundred thousand, six hundred and forty-eight ($100,648.00) dollars on the filing of an application for a building permitfor the first(1 st)dwelling proposed to be constructed on the lands(the"First Application"),provided that if the number of building permits for which applications are made in the first(1st)year following the making of the First Application exceeds twenty-five(25%)percent of the Total Dwellings,the Owner shall pay with each application for a building permit for each additional dwelling a further amount equal to the amount of the Development Charge imposed by the Development Charge By-law for the additional dwelling or dwellings in question. (b) Twenty-five (25%) percent of the aforesaid aggregate amount being one hundred thousand,six hundred and forty-eight($100,648.00)dollars less an amount equal to the First Excess Payment, if any, on the first anniversary of the First Application, provided that if the number of building permits for which applications are made in the first (1st) year following the making of the First Application exceeds fifty (50 %) percent of the Total Dwellings, the Owner shall pay with each application for a building permit for each additional dwelling a further amount equal to the amount of the Development Charge imposed by the Development Charge By-law for the additional dwelling or dwellings in question. (c) Twenty-five (2596) percent of the aforesaid aggregate amount being one hundred thousand,six hundred and forty-eight($100,648.00)dollars less an amount equal to the aggregate of the First Excess Payment and the Second Excess Payment,if any, on the second(2nd)anniversary of the First Application,provided that if the number of building permits for which applications are made in the second (2nd) year following the making of the First Application exceeds seventy-five(75%)percent of the Total Dwellings,the Owner shall pay with each application for a building permit for each additional dwelling a further additional amount equal to the amount of the development charge imposed by the Development Charge By-law for the additional dwelling or dwellings in question. (d) Twenty-five (2596) percent of the aforesaid aggregate amount being one hundred thousand,six hundred and forty-eight($100,648.00)dollars less an amount equal to the aggregate of the additional payments made in either Subsections(a), (b)and/or (c)as noted above. LR.: 02.10.95 DATED: (�,�(� (p�`� 1996 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON and- HALCORP HOLDINGS LIMITED -and- CANADIAN IMPERIAL BANK OF COMMERCE DEVELOPMENT AGREEMENT The Corporation of the Municipality of Clarington Planning Department 40 Temperance Street Bowmanville,Ontario LIC 3A6 File: DEV 94.058 L.R.: 02.10.95 �I