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
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CLERK
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Nat-l-bf Doaumont Schedule
APPLICATION TO REGISTER NOTICE
OF AN AGREEMENT - SECTION 71 LAND TITLES ACT on
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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
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Parties Other x
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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
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Signature($) Data at Signature
TORPORATION OF THE MUNICIPALITY y D D
,�.- •1996 : .p
OF CLARINGTON
8y its,*solic tcr;'*' b * I: "' ....................
........................................... ..... {. .
(tt)Address
for service 40 Tem erance Street, BOWMANVILLE, Ontario. L1C ,3A6
(12)Party(lao) (Set out status or intereso
Nemo(a)
Signature(s) Date of signature
..F.A7aGOltJ'.,HOLDIRGS..LIMI.TSD...(gWVB R).......... M Q
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tfpl Addraas
for sonIca ].748 Baseline Road West COURTICE Ontario- L1E 2T1
(f4)Municipal Address or Property ($a)Document Prepared by:
Fees and Tax
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NOT ASSIGNED GEORGE L. SMITH W ReputrattonFea
Lawyer H
226 Queen St., Box 5243 'w
PORT PERRY, ON L91, 1B9 -°
(96-494/ba) o
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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;
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NOW THEREFORE, In consideration of the mutual agreements and covenants hereinafter
contained,the parties hereto agree as follows:
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LR.: 23.02.93
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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".
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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.
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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).
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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.
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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.
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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.
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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"
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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
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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.
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
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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
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