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97-87
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-87 being a By-law to authorize the making of a front-ending agreement between the Municipality of Clarington and 848601 Ontario Inc. and 829633 Ontario Inc. WHEREAS the Council of the Municipality of Clarington has approved the recommendations contained in Report##WD-26-97 at its meeting on April 28, 1997 and has passed By-law No. 97- 85, being a by-law to amend the Municipality's Development Charge By-law, By-law No. 92- 105, as amended, NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are authorized to execute a front-ending agreement with 848601 Ontario Inc. and 829633 Ontario Inc. under Part II of the Development Charges Act R.S.O. 1990 c.D.9 respecting the services referred to in a report entitled Horban Pond Water Quality Facility Front Ending Agreement Municipality of Clarington, dated April, 1997 and prepared by G.M. Sernas & Associates Ltd. BY-LAW read a first and second time this 28th day of April, 1997. BY-LAW read a third time and finally passed this 28th day of April, 1997. MAYOR RK 0 BROWN BARRISTERS AND SOLICITORS ►t(-, �or1D JEFFERY S. LYONS Q.C. COUNSEL April 12, 1999 Ms. Patti L. Barrie Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Ms. Barrie: 646&&( wo'XIO /,r-. ,moo Re: Municipality of Clarington front-ending agreement with a i 029 6.33 OA)P O /A)e- Enclosed are the following documents registered at the Land Registry Office at Whitby on March 30, 1999: 1. Municipal By-law No.97-87 Authorizing Front-Ending Agreement registered as Instrument No. LT 892920 in the Land Titles system. 2. Front-Ending Agreement registered as Instrument No.LT892921 in the Land Titles system. Please note that none of the benefitting lands were governed by the Registry system. Yours very truly, MORRISON BROWN SOSNOVITCH Nicholas T. Macos NTM/db c.c.: Mr. A. S. Cannella Mr. D. Hefferon (w/encl.) W:\DATA\MACOS ICLARINGIFRONTEND\EIORBAN.LTR One Toronto Street, P.O. Box 28, Suite 910, Toronto, Ontario M5C 2V6 Tel: 416.368,0600 Fax: 416.368.6068 bizlaw@businesslawyers.com Province Document G e n e ra I Do Process Software Ltd. • (416)322-6111 .. , of Ontario Form 4—Land Re istration Reform Act 7221 D (1)Registry ❑ Land Titles ❑X (2) Page 1 of t 67—pages (3)Property Block Property Identifier(s) Additional: See DOS X ©�O Schedule a0 nom. co (4)Nature of Document ,N u cam : MUNICIPAL BY-LAW AUTHORIZING FRONT-ENDING AGREEMENT , o ' Section 24 of the Development Char es Act 2V cr,: � .--� f (5)Consideration >s_ E I-r z C" ; ;.t 7 i Dollars$ (n C P (6)Description W �0 0= Y/ Municipality of Clarington t— � 1p Regional Municipality of Durham LL "j W rnr .;, as more particularly described in Schedule "1" attached ; . New Property Identifiers Additional: See ❑Schedule Executions (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement Additional See ❑ Contains; Schedule Plan/Sketch ❑ ' Description 0 Parties ❑ :O1th,, 1091 (8)This Document provides as follows: Pry See certified copy of By-law No. 97-87 of The Corporation of the Municipality of Clarington attached. Continued on Schedule ❑ (9)This Document relates to instrument number(s) (10)Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D . QFOA TI-OIY.S?U .MUNIG 'ALITY.QF ....1999.. .C.. CLARINGTON, by its solicitor Nicholas T. Macos ................................................................................................................... .................................................................................i--------...----;-. ....... ............................•------•-------•--..................----...------------------------------------------- ------------------...----------....----------------------------------------------r---------------:-------: (11) Address 40 Temperance Street Bowmanville Ontario L I C 3A6 for Service h > > > (12)Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D .................................................................................................................. ................................................................................................. ........ ................................................................................................................... ............................................................................ ....... ............................................................................................. .............................. ....... (13) Address for Service (14)Municipal Address of Property (15)Document Prepared by: J Fees and Tax Registration Fee Dennis C. Heffet on p W Barrister & Solicitor 130 Adelaide Street West 0 Suite 2500 LL Toronto, Ontario M5H 2M2 0 Total Document prepared using The Conveyancer nn I SCHEDULE "tit LEGAL DESCRIPTION FIRSTLY: Property Identifier Number: ,26OD— col. Parcel 30-2, Section Con.3 Newcastle (Darlington) being Part of Lot 30, Concession 3, Geographic Township,of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 2 on Plan lOR-558. C1Te/114TT ter_ Pareel 39 f Darlington, Municipality of Clarington,_A i o Durham designated as Part 2 THIRDLY _ �-- P. I .N. : 26700-0236 Parcel 29-3, Section Conc . 3 (Darlington) , being part of Lots 29 & 30, Concession 3 and the One Foot Reserve on Plan 645 designated as Part 1 on Plan 1OR-558, in the Municipality of Clarington (formerly in the Township of Darlington) , Regional Municipality of Durham. K 2) • 26700-0006 Parcel 300- ,'-Ses ' n Conc. 3 (Darlington) , being part of Lot 30, Concession 3, at: d as Part 2 on Plan 1OR-558, in the Municipality of Clarington as in the Rkmkbers N. : 26700-0011 Parce Section Conc. 3 (Darlington) , being part of Lot 30, Concess -3,,�designated as Par in the Municipality of ga ton (formerly in the Township of Darlington) , Region 'cipality of Durham. FOURTHLY: Property Identifier Number: -- Parcel 30-5, Section Con.3 (Darlington) being Part of Lot 30, Concession 3, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated -as Part I on Plan 10R-3938. n.ow Sc-co,vo/. v P / /V 6?-ov— 02 P7.DoT 30 cap) TOwX)SffIP of 1)19tI/A,(r70it/ M40'/U/c,I X OFGL�}Q�IfJ�7dN� REG-ievAC �vu��i/9c,7 y O Du,erf�3� o6s16ti,irc-.o fs P7 2 V64 13-7S31 &xcF P7 yo M 16y5 tj,vn 4orn I9'45. SOTS 70 2-7 PlN #26?00-62 )L9 70 :U-3100- 03oy ©Lo(,AS Z q To 3 5 PI-V 26 700--03v6 70 PIA). NWO- 03 12- P &XX 2 g P7S.6 AND fOIQ-1 BASS PI.A). a6-7O0 - 631 S. 2600 - 03 16 P7. gtou( P7S. 2 Amo 3 S P �6�00 - Q3/ 9L P7. 8Loulx� o7S_ q- lAo5 go f-18-7SS P.I�' ' t1. 2d Sao - G 3l8 Pj, BCa(,K x8 PTO. g�ooK g, P7S. 8 9 .4, 0 16 qoR-18�-SS /9 A) 26 00 - b 319 FIFTHLY: Lot 1 Plan 40M-1684 P. I .N. : 26700-0029 Lot 2 Plan 40M-1684 P. I .N. : 26700-0028 -.- Lot 3 Plan 40M-1684 P. I .N. : 26700-0027- Lot 4 Plan 40M-1684 P. I .N. : 26700-0026, Lot 5 Plan 40M-1684 P. I .N. : 26700-0025- Lot 6 Plan 40M-1684 P. I .N. : 26700-0024, Lot 7 Plan 40M-1684 P. I .N. : 26700-0023- Lot 8 Plan 40M-1684 P. I .N. : 26700-0022 , Lot 9 Plan 40M-1684 P.I .N. : 26700-0021_ Lot 10 Plan 40M-1684 P. I .N. : 26700-0020- Lot it Plan 40M-1684 P.I .N',: 26700-0031- Lot 12 Plan 40M-1684 P. I .N. : 26700-0032 Lot 13 Plan 40M-1684 P. I .N. : 26700-0033 Lot 14 Plan 40M-1684 P. I .N. : 26700-0034- Lot 15 Plan 40M-1684 P.I .N. : 26700-0035 Lot 16 Plan 40M-1684 P. I .N. : 26700-0036— Lot 17 Plan 40M-1684 P. I .N. : 26700-0037' Lot 18 Plan 40M-1684 P. I .N. : 26700-0038 ' Lot 19 Plan 40M-1684 P.I .N. : 26700-0039' Lot 20 Plan 40M-1684 P. I .N. : 26700-0040- Lot 21 Plan 40M-1684 P.I .N. : 26700-0041 Lot 22 Plan 40M-1684 P. I .N. : 26700-0042' Lot 23 Plan 40M-1684 P.I .N. : 26700-0018 - Lot 24 Plan 40M-1684 P. I .N. : 26700-0017 Lot 25 Plan 40M-1684 P. I .N. : 26700-0016' Lot 26 Plan 40M-1684 P.I .N. : 26700-0015 - Lot 27 Plan 40M-1684 P.I .N. : 26700-0014 Part of Block 30 Plan 40M-1684 and part of Block 17 Plan 40M-1685 P. I .N. : 26700-0045— Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0046 Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0047 Part of Block 30 Plan 40M-1684 P.I .N. : 26700-0048' Part of Block 30 Plan 40M-1684 P.I .N. : 26700-0049' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0050 Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0051' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0052' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0053` Part of Block 30 Plan 40M-1684 P.I .N. : 26700-0054 Part of Block 30 Plan 40M-1684 P.I .N. : 26700-0055' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0056 ' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0057 ' Part of Block 30 Plan 40M-1684 P.I .N. : 26700-0058' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0059 ' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0060 ' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0061 ' Part of' Block 30 Plan 40M-1684 P. I .N. : 26700-0062 - Part of Block 30 Plan 40M-1684 P.I .N. : 26700-0063' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0064 Part of Block 30 Plan 40M-1684 P.I .N. : 26700-0065- Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0066- Part of Block 30 Plan 40M-1684 P.I .N. : 26700-0067 ' Part of Block 30 Plan 40M-1684 P.I .N. : 26700-0068 r Schedule 13 , - Fifthly continued Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0069- Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0070 Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0071 Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0072 Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0073- Part of Block 30 Plan 40M-1684 P. I.N. % 26700-0074- Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0075- Part of Block 30 Plan 40M-1684 P. I.N. : 26700-0076' Municipality of Clarington, Regional Municipality of Durham. SIXTHLY: Lot 1 Plan 40M-1685 P. I .N. : 26700-0086- Lot 2 Plan 40M-1685 P. T .N. : 26700-0087- Lot 3 Plan 40M-1685 P. T .N. : 26700-0088- Lot 4 Plan 40M-1685 P. T .N. : 26700-0089- Lot 5 Plan 40M-1685 P. I.N. : 26700-0090- Lot 6 Plan 40M-1685 P. I .N. : 26700-0091- Lot 7 Plan 40M-1685 P. I .N. : 26700-0092- Lot 8 Plan 40M-1685 P. I .N. : 26700-0093- Part of Lot 9 Plan 40M-1685 P. I .N. : 26700-0094- Part of Lot 9 Plan 40M-1685 P. I.N. : 26700-0095- Part of Lot 10 Plan 40M-1685 P. I .N. : 26700-0096 Part of Lot 10 Plan 40M-1685 P. I .N. : 26700-0097-- Part of Lot 11 Plan 40M-1685 P. I .N. : 26700-0098' Part of Lot 11 Plan 40M-1685 P. I .N. : 26700-0099 Part of Lot 12 Plan 40M-1685 P. I .N. : 26700-0100' Part of Lot 12 Plan 40M-1685 P. I .N. : 26700-0101- Part of Block 13 Plan 40M-1685 P.I .N. : 26700-0102- K Part of Block 13 Plan 40M-1685 P. I .N. : 26700-0103- Part of Block 13 Plan 40M-1685 P. I .N. : 26700-0104- Part of Block 13 Plan 40M-1685 P. I .N. : 26700-0105, Part of Block 13 Plan 40M-1685 P. I .N. : 26700-0106 Part of Block 13 Plan 40M-1685 P. I .N. : 26700-0107- Part of Block 13 Plan 40M-1685 P. I .N. : 26700-0108, Part of Block 14 Plan 40M-1685 P. I .N. : 26700-0109 Part of Block 14 Plan 40M-1685 P. I .N. : 26700-0110 Part of Block 14 Plan 40M-1685 P. I .N. : 26700-0111- Part of Block 15 Plan 40M-1685 P. I.N. : 26700-0112- Part of Block 15 Plan 40M-1685 P. I .N. : 26700-0113 Part of Block 15 Plan 40M-1685 P. I .N. : 26700-0114 Block 16 Plan 40M-1685 P. I .N. : 26700-0119- Part of Block 17 Plan 40M-1685 P. I .N. : 26700-0044 Block 18 Plan 40M-1685 and Block 28 Plan 40M-1684 P. I .N. : 26700-0043 Municipality of Clarington, Regional Municipality of Durham. S� THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-87 being a By-law to authorize the making of a front-ending agreement between the Municipality of Clarington and 848601 Ontario Inc. and 829633 Ontario Inc. WHEREAS the Council of the Municipality of Clarington has approved the recommendations contained in Report#WD-26-97 at its meeting on April 28, 1997 and has passed By-law No. 97- 85, being a by-law to amend the Municipality's Development Charge By-law, By-law No. 92- 105, as amended, NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are authorized to execute a front-ending agreement with 848601 Ontario Inc. and 829633 Ontario Inc. under Part II of the Development Charges Act R.S.O. 1990 c.D.9 respecting the services referred to in a report entitled Horban Pond Water Quality Facility Front Ending Agreement Municipality of Clarington, dated April, 1997 and prepared by G.M. Sernas & Associates Ltd. BY-LAW read a first and second time this 28th day of April, 1997. BY-LAW read a third time and finally passed this 28th day of April, 1997. a MAYOR L RK TRUE COPY y l IRRIE . �" •, ik riuvuu d Do Process Software Ltd. - (416)322-6111 • Document Genera! r Ontario Form 4—Land Registration Reform Act 7221 D (1)Registry ❑ Land Titles © (2) Page 1 of 04Zpages (3)Property Block Property Identifiers) o� ` OD Additional: �� Schedule (4)Nature of Document cw ; cl-) NOTICE OF FRONT-ENDING AGREEMENT o {_ Section 24 of the Development Charges Ac � o *"t (5)Consideration N Z z�.. E C" , t a Dollars$ Co .--� L.J (6)Description c> CID " Municipality of Clarington Regional Municipality of Durham .� as more particularly described in Schedule "1" attached c� rn New Property Identifiers Additional: See El Schedule Executions (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement ' Additional See Contains: Schedule ❑ Plan/Sketch ❑ Description 0 Parties ❑ OthJrNMI (8)This Document provides as follows: See Front-Ending Agreement attached By-law Nos. 92-105,93-74 and 94-115 referred to in Recital E in the attached agreement have been registered on the 16th day of September, 1994 as Instrument No. LT 695581. By-law Nos. 96-165 and 97-85 referred to in Recital E in the attached agreement have been registered on the l S-1- day of,04,•-&&►ie/ as Instrument No. LT S- 7 K 3 g $ I A ct s By-law No. 97-87 referred to in Recital H in the attached agreement was registered on the 3-1 day of as Instrument No. LT %4,,?-Q;.o Continued on Schedule ❑ (9)This Document relates to instrument number(s) (10)Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M , D CLARINGTON by its solicitor Nicholas T.Macos --------•---------------------------------•---....---•-----........---.....----------------------•-------•••-----•- ---•...._...---••---•••-----------••••-•-••.._..--•-•-...__.....•-------•••-......--••-•--•-•-•••:..-•--............... .......................•-•--------....---...----------------.......__....--------•-----•------•-------•--•-------• ---•-------•----------•-------------..........--------------••-•......•-•-_-... ---------------+-----F'----- (11) for Add Service 40 Temperance Street,Bowmanville, Ontario,L1C 3A6 (12)Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D ..............................................-................................................................... ---••°••�............................... ---°-^--..._°-°------------------------------------------•°----....._......---- .....___ ....................... ..----•°-°--•----°----------------------•---^-----°°_...--^--••--------...... _..._...L...••••.........••...L------- (13) Address for Service (14)Municipal Address of Property (16)Document Prepared by: J Fees and Tax Nicholas T. Macos p Registration Fee Barrister&Solicitor `a 130 Adelaide Street West W Suite 2500 LL Toronto, Ontario O M5H 2M2 0 Total Document prepared using The Conveyancer SCHEDULE 'l" " LEGAL DESCRIPTION FIRSTLY: Property Identifier Number: �6pp- 0.00,p Parcel 30-2, Section Con.3 Newcastle (Darlington) being Part of Lot 30, Concession 3, Geographic Township,of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 2 on Plan 10R-558. OL'!�l11.T71T V • Pereel 30 1, Seefien • -T Darlington, Municipality of Clarington, Re," ► o Durham designated as Part 2 THIRDLY P. I .N. : 26700-0236 Parcel 29-3, Section Conc. 3 (Darlington) , being part of Lots 29 & 30, Concession 3 and the One Foot Reserve on Plan 645 designated as Part 1 on Plan 10R-558, in the Municipality of Clarington (formerly in the Township of Darlington) , Regional Municipality of Durham. 6700-0006 Parcel 30-2, onc . 3 (Darlington) , being part of Lot 30, Concession 3, desi s Part 2 on Plan 1OR-558, in the Municipality of Clarington ( o the .N. : 26700-0011 Parce Section Conc. 3 (Darlington) , being part of Lot 30, Conces designated as Par in the Municipality of ton (formerly in the Township of Darlington) , Regiona . cipality of Durham-. ' an FOURTHLY: Property Identifier Number: X132�---- — Parcel 30-5, Section Con.3 (Darlington) being Part of Lot 30, Concession 3, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated -as Part 1 on Plan 10R-3938. Sc-corUOL Y P. I. /V lo�ov— 026 PI-LOT 30 ut). 3 low)dSfflP OF v19XG1A1r7vAl m4i1U1C-'P'4cj7 y 0 FCl J¢�/�uG7dreJ� f�EG-ie.vAL ma,Vic 11,f .i7 Y of 0e1R 1¢e_''3 7,c-.o fS PT" 2 VoR 13-71'3s Exc,F P7 yo M IW5 ,tAuD 4orn I9µ5. 46TS l 70 2-7 PIN 026-7-00-62 318 76 , Z-,,W- 030 l3Loc,/CS ,Z g Tv 35 P/.V 26 700-0306 70 PI-A). 21 00- D3/z A! A&4. 2 g P7S.6 AAJD `"i VoR-/b?�`SS a P/.A). 6?oo — 6 315. � /�. 260° " 03 / 6 n7. BcocK za'� F-75. 2 ,►run 3 446R-18 ss P 7 8L o u!z 8 07S- o #Aw 5 96k/8755 P7. 94OCk 28 PTA. 26 00 - 15319 p7. 8 oGK g, P7S. 8 A vo 10 goR-18�55 � ��-�,� ••� P tom,., �K-19�.s FIFTHLY: Lot 1 Plan 40M-1684 P. I .N. : 26700-0029 Lot 2 Plan 40M-1684 P.I .N. : 26700-0028 -..- Lot 3 Plan 40M-1684 P.I .N. : 26700-0027 Lot 4 Plan 40M-1684 P. I .N. : 26700-0026, Lot 5 Plan 40M-1684 P. I .N. : 26700-0025- Lot 6 Plan 40M-1684 P. I .N. : 26700-0024, Lot 7 Plan 40M-1684 P.I .N. : 26700-0023- Lot 8 Plan 40M-1684 P. I .N. : 26700-0022 , Lot 9 Plan 40M-1684 P.I .N. : 26700-0021_ Lot 10 Plan 40M-1684 P. I .N. : 26700-0020•- Lot it Plan 40M-1684 P. I .NS: 26700-0031 Lot 12 Plan 40M-1684 P. I .N. : 26700-0032- Lot 13 Plan 40M-1684 P. I .N. : 26700-0033- Lot 14 Plan 40M-1684 P. I .N. : 26700-0034- Lot 15 Plan 40M-1684 P. I .N. : 26700-0035' Lot 16 Plan 40M-1684 P.I .N. : 26700-0036' Lot 17 Plan 40M-1684 P. I .N. : 26700-0037' Lot 18 Plan 40M-1684 P.I .N. : 26700-0038 ' Lot 19 Plan 40M-1684 P.I .N. : 26700-0039" Lot 20 Plan 40M-1684 P. I .N. : 26700-0040' Lot 21 Plan 40M-1684 P. I .N. : 26700-0041- Lot 22 Plan 40M-1684 P. I .N. : 26700-0042' Lot 23 Plan 40M-1684 P.I .N. : 26700-0018- Lot 24 Plan 40M-1684 P. I .N. : 26700-0017 Lot 25 Plan 40M-1684 P. I .N. : 26700-0016` Lot 26 Plan 40M-1684 P.I .N. : 26700-0015 ' Lot 27 Plan 40M-1684 P. I .N. : 26700-0014- Part of Block 30 Plan 40M-1684 and part of Block 17 Plan 40M-1685 P.I .N. : 26700-0045- Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0046 Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0047 Part of Block 30 Plan 40M-1684 P.I .N. : 26700-0048' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0049' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0050 Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0051' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0052' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0053' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0054 ' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0055' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0056 ' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0057 ' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0058' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0059 ' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0060 ' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0061 ' Part of' Block 30 Plan 40M-1684 P. I .N. : 26700-0062 - Part of Block 30 Plan 40M-1684 P.I .N. : 26700-0063' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0064 Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0065- Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0066' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0067 ' Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0068 t Schedule 13 ' - Fifthly continued Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0069- Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0070 Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0071- Part of Block 30 Plan 40M-1684 P. I.N. : 26700-0072 Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0073- Part of Block 30 Plan 40M-1684 P. I .N. % 26700-0074- Part of Block 30 Plan 40M-1684 P. I .N. : 26700-0075- Part of Block 30 Plan 40M-1684 P. I.N. : 26700-0076' Municipality of Clarington, Regional Municipality of Durham. SIXTHLY: Lot 1 Plan 40M-1685 P. I .N. : 26700-0086- Lot 2 Plan 40M-1685 Lot 3 Plan 40M-1685 P. I .N. : 26700-0087- . P. I .N. : 26700-0088- Lot 4 Plan 40M-1685 P. I.N. : 26700-0089- Lot 5 Plan 40M-1685 P. I .N. : 26700-009 0 Lot 6 Plan 40M-1685 P. I .N. : 26700-0091- Lot 7 Plan 40M-1685 P. I .N. : 26700-0092- Lot 8 Plan 40M-1685 P.I.N. : 26700-0093- Part of Lot 9 Plan 40M-1685 P. I .N. : 26700-0094 Part of Lot 9 Plan 40M-1685 P. I .N. : 26700-0095- Part of Lot 10 Plan 40M-1685 P. I .N. : 26700-0096 Part of Lot 10 Plan 40M-1685 P. I .N. : 26700-0097-e Part of Lot 11 Plan 40M-1685 P. I.N. : 26700-0098- Part of Lot 11 Plan 40M-1685 P. I .N. : 26700-0099 Part of Lot 12 Plan 40M-1685 P. I .N. : 26700-0100' Part of Lot 12 Plan 40M-1685 P. I .N. : 26700-0101' Part of Block 13 Plan 40M-1685 P. I .N. : 26700-0102 Part of Block 13 Plan 40M-1685 P. I .N. : 26700-0103- Part of Block 13 Plan 40M-1685 P. I .N. : 26700-0104- Part of Block 13 Plan 40M-1685 P. I .N. : 26700-0105-, Part of Block 13 Plan 40M-1685 P. I .N. : 26700-0106- Part of Block 13 Plan 40M-1685 P. I .N. : 26700-0107- Part of Block 13 Plan 40M-1685 P. I .N. : 26700-0108, Part of Block 14 Plan 40M-1685 P. I .N. : 26700-0109 Part of Block 14 Plan 40M-1685 P. I .N. : 26700-0110 Part of Block 14 Plan 40M-1685 P. I .N. : 26700-0111- Part of Block 15 Plan 40M-1685 P. I .N. : 26700-0112- Part of Block 15 Plan 40M-1685 P. I .N. : 26700-0113 Part of Block 15 Plan 40M-1685 P. I .N. : 26700-0114 Block 16 Plan 40M-1685 P. I .N. : 26700-0119- Part of Block 17 Plan 40M-1685 P. I .N. : 26700-0044 - Block 18 Plan 40M-1685 and Block 28 Plan 40M-1684 P. I .N. : 26700-0043 Municipality of Clarington, Regional Municipality of Durham. HORBAN POND WATER QUALITY FACILITY FRONT-ENDING AGREEMENT THIS AGREEMENT made in quintuplicate as of this 26th day of May, 1997. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and - 848601 ONTARIO INC. and 829633 ONTARIO INC. and ROYAL BANK OF CANADA TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND SCHEDULES . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 2 - ACKNOWLEDGEMENTS: BASIS OF THE AGREEMENT . . . . 9 2.5 Postponement of Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 3 - ESTIMATED COST, ETC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 4 - COST OF ADMINISTERING THIS AGREEMENT . . . . . . . . 10 ARTICLE 5 - SECURITY FOR OWNER'S OBLIGATIONS AND COVENANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 6 - INSTALLATION OF SERVICES BY THE OWNER . . . . . . . 11 6.1 Owner Installs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6.2 Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6.3 Return of Financial Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6.4 Owner's Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 7 - RECOVERY OF FRONT-END PAYMENTS (RECOVERABLE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 8 - OBJECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 9 - INDEMNITY AND REIMBURSEMENT . . . . . . . . . . . . . . . . . 17 ARTICLE 10 - INTEREST ON ARREARS . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 11 - TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 12 - REGISTRATION OF AGREEMENT . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 13 - FURTHER ASSURANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 14 - SUCCESSORS AND ASSIGNS . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 15 - ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ii ARTICLE 16 - NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT . . . . . . . . . . . . . . . 21 ARTICLE 18 - COMPLETION OF SCHEDULE "K" . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE 19 - INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SCHEDULES TO AGREEMENT Schedule "A" - "Legal Description of the Lands" Schedule "B" - "Plans of Benefiting Area" Schedule "C" - "Legal Description of Retained Lands" Schedule "D" - Not Used Schedule "E-1" - "List of Services to be installed by Owner" Schedule "E-2" - Not Used Schedule "E-3" - "Proportion of Cost of Installation of Services to be Paid by Owner" Schedule "E-4" - "Capital Grants, Subsidies or Other Contributions Anticipated from Other Government Agencies" Schedule "E-5" - "Estimated Total and Net Capital Cost of Installation of Services" Schedule "E-6" - "List of Services in the Agreement for which a Development Charge is Payable" Schedule "E-7" - "List of Services in the Agreement which are Referred to in Subsection 3(7) of the Act" Schedule "E-8" - "Manner of Calculation of Portion of Front-End Payment to be Made by Each Benefiting Owner Respecting Services" Schedule "F" - Not Used Schedule "G" - Not Used Schedule "H" - Not Used Schedule "I" - Not Used Schedule "J" - Not Used Schedule "K" - "Calculation of the Front-End Payment (Recoverable)for Service(Recoverable),Owner's Share and Benefiting Owners' Shares" Schedule 'U' - "Estimated Front-End payment(Recoverable)for Each Service (Recoverable), Owner's Share and Benefiting Owners' Shares" /0 Front-Ending Agreement Page 2 FRONT-ENDING AGREEMENT THIS AGREEMENT made in quintuplicate as of this 28th day of April, 1997. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and - 848601 ONTARIO and 829633 ONTARIO INC. (hereinafter called the "Owner") OF THE SECOND PART - and - ROYAL BANK OF CANADA (hereinafter called the "Mortgagee") OF THE THIRD PART WHEREAS: A. The Owner was the registered and beneficial owner of the Lands identified in Schedule "A" which Lands are within the Benefiting Area shown on the plans contained in Schedule 'B" attached hereto. Currently the Owner is the registered and beneficial owner of the portion of the lands identified in Schedule "C" and referred to in this Agreement as the "Retained Lands" subject to the rights of the Mortgagee under the Mortgage from the Owner to the Mortgagee dated and registered in the Land Registry Office as Instrument No. (the "Mortgage"); B. The Owner represents that there are no encumbrancers other than the Mortgagee of the Retained Lands. C. The Owner proposes to develop the Retained Lands and has sold the Lands, other than the Retained Lands, for the purpose of development; Front-Ending Agreement Page 3 D. The Services are required to enable the Benefiting Area to be developed; E. The Municipality has enacted By-law No. 92-105, as amended by By-law No. 93-74, By-law No. 94-115, By-law No. 96-165 and by By-law No. 97-85, being a development charge by-law under the Development Charges Act, R.S.O. 1990, c.D.9; F. The Owner has requested permission to install the Services described herein, which the Municipality has agreed to permit; G. Under the Development Charges Act, the Municipality and the Owner are empowered to enter into this Agreement for the installation of Services by the Owner or any combination thereof; and H. This Agreement is authorized by By-law No. 97-87 passed on the 28th day of April, 1997. 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: ARTICLE 1 - DEFINITIONS AND SCHEDULES 1.1 Definitions (1) In this Agreement, (a) "Act" means the Development Charges Act, R.S.O. 1990, c.D.9, as revised, re-enacted or consolidated from time to time, and any successor statute. (b) "Administrative Costs" means the sums of money and costs referred to in Sections 4.1 and 4.2 attributed to a Service under Section 4.3. (c) "Agreement" means this Agreement. (d) "Authorization to Commence Works" means the written permission signed by the Director of Public Works given to the Owner or the Owner's rz Front-Ending Agreement Page 4 Engineer to commence the construction and installation of the Owner Services pursuant to the Subdivision Agreement. (e) "Bankruptcy Act" means the Bankruptcy and Insolvency Act, R.S. 1985, c.B.3, as revised, re-enacted or consolidated from time to time, and any successor statute. (f) "Benefiting Area" means those lands as shown on the plans contained in Schedule "B" that will receive a benefit from the construction of the Services. (g) "Benefiting Owner" means any owner of land within the Benefiting Area other than the Owner. The land of each Benefiting Owner is shown on the plans contained in Schedule "B", and also are described in Schedule "J" hereto. (h) "By-law" means By-law No. 92-105 enacted by the Municipality under the Act as such By-law has been or is amended or replaced from time to time. (i) "Certificate of Acceptance"means a certificate in writing given to the Owner that the Owner Services have been accepted by the Municipality pursuant to the Subdivision Agreement. (j) "Certificate of Completion" means a certificate in writing given to the Owner that the Owner Services referred to in the Authorization to Commence Works have been completed pursuant to the Subdivision Agreement. (k) "Construction Lien Act" means the Construction Lien Act, R.S.O. 1990 c. C.30, as revised, re-enacted or consolidated from time to time, and any successor statute. (1) "Development Charge" has the meaning attributed to it in the Act. (m) "Director" means the Director of Public Works for the Municipality or such other person as the Director may designate from time to time. (n) "Director of Public Works" means the Municipality's Director of Public Works or his designate. Front-Ending Agreement Page 5 (o) "Easement Costs"means the cost of the easements and/or lands which have been or are to be acquired outside the Lands, from persons other than the Owner, for the purpose of the installation of the Services or any of them. (p) "Estimated Installation Cost"means,in regard to the Services the estimated cost of installation of the Services. (q) "Estimated Net Capital Cost" means, in regard to the Services, the estimated Net Capital Cost of the Services. (r) "Final Cost-Owner Services" means, for Services installed by the Owner, the Reasonable Cost of the Owner Services. (s) "Financial Security" means the Letter(s) of Credit deposited with the Municipality respecting the Services to be installed by the Owner. (t) "Front-End Payment" has the meaning attributed to it in the Act. (u) "Front-End Payment-Installation of Services" means, for the Services installed by the Owner, the Net Capital Cost of said Services and includes Administrative Costs and Easement Costs. (v) "Front-End Payment (Recoverable)"means,for the Services(Recoverable), the Front-End Payment-Installation of Services which is in respect of the Services (Recoverable). (w) "Holdbacks" has the meaning attributed to it in Section 7.12(e) of this Agreement. (x) "Immediate Payment Money"has the meaning attributed to it in Section 7.7 of this Agreement. (y) "Land Registry Office" means either the Land Registry Office for the Land Titles Division of Durham (No. 40) or the Land Registry Office for the Registry Division of Durham (No. 40) as may be appropriate in the context in which the term is used. (z) "Lands" means the lands in the Municipality more particularly described in Schedule "A". 00 Front-Ending Agreement Page 6 (aa) "Letter of Credit" means an irrevocable and unconditional letter of credit issued by a bank listed in Schedules I or II of the Bank Act, S.C. 1991, c.46 acceptable to the Municipality's Treasurer. (bb) "Maintenance Period" means the two (2) year period which commences on the date on which the Owner or the Owner's Engineer is given the Certificate of Completion for the Owner Services. (cc) "Mortgage" has the meaning attributed to it in Recital A of this Agreement. (dd) "Municipal Act" means the Municipal Act, R.S.O. 1990, c. M.45, as revised, re-enacted or consolidated from time to time, and any successor statute. (ee) "Municipality" means The Corporation of the Municipality of Clarington. (ff) "Net Capital Cost" means in regard to the Services installed by an Owner, the Final Cost-Owner Services less any grants, subsidies or other contributions attributable to the Service that may be received by the Municipality from any governmental authority, as determined by the Director. (gg) "Objection"means an objection to this Agreement pursuant to Section 22(3) of the Act and as referred to in Sections 11 and 12 of this Agreement. (hh) "Owner" means an owner who is a party to this Agreement of the Lands located within a Benefiting Area . (ii) "Owner Services" means the Services which have been or are to be installed by the Owner under the terms of this Agreement, and Owner Service means any one of the Owner Services. (jj) "Party" means a party to this Agreement. (kk) "Planning Act" means the Planning Act, R.S.O. 1990, c.P.13, as revised, re- enacted or consolidated from time to time, and any successor statute. (11) "Reasonable Cost", in regard to Services installed by the Owner, means the reasonable costs incurred by the Owner for the installation of the Owner Services, as determined by the Director. 1 ` 15 /sA Front-Ending Agreement Page 7 (mm) "Retained Lands" has the meaning attributed to it in Recital "A" of this Agreement. (nn) "Revised Estimate" has the meaning attributed to it in Section 5(3) of this Agreement. (oo) "Security" has the meaning attributed to it in the Subdivision Agreement. (pp) "Services"means the services required to enable the Lands to be developed, installed by the Owner, in accordance with this Agreement and described in Schedule "E-1" hereto, and "Service" means any one of such Services. (qq) "Services (Recoverable)" means the Services listed in Schedule "E-1" for which a development charge is payable under the By-law and for which reimbursement shall be required from Benefiting Owners for the Benefiting Owners'proportionate shares of the Net Capital Cost,Administrative Costs and Easement Costs, and "Service Recoverable" means any one of such Services. (rr) "Solicitor" means the Solicitor for the Municipality. (ss) "Specifications" means the design guidelines, standards and specifications established by the Director for the installation of Services. (tt) "Subdivision Agreement" means the Subdivision Agreement made between the Owner and The Corporation of the Municipality of Clarington dated September 20, 1991 and deposited in the Land Registry Office as Instrument No. LT 572712. (uu) "Term" has the meaning attributed to it in Section 11 of this Agreement. (w) "Treasurer" means the Treasurer of the Municipality. (ww) "Trust Account" has the meaning attributed to it in Section 7.7(a) of this Agreement. (xt) "Workers' Compensation Act" means the Workers Compensation Act, R.S.O. 1990, c.W.11, as revised, re-enacted or consolidated from time to time, and any successor statute. . 4 Front-Ending Agreement Page 8 (yy) "Works" has the same meaning as it has in the Subdivision Agreement. (2) All other capitalized terms used herein and not otherwise defined shall have the meanings attributed to them in the Act, as amended from time to time. (3) The following Schedules which are attached hereto,together with all provisions therein, are made a part of this Agreement as fully and for all purposes as would be the case if they were set out in the tent of this Agreement: Schedule "A" - "Legal Description of the Lands" Schedule "B" - "Plan of Benefiting Area" Schedule "O' - "Legal Description of Retained Lands" Schedule "D" - Not Used Schedule "E-1" - "List of Services to be Installed by Owner" Schedule "E-2" - Not Used Schedule "E-3" - "Proportion of Cost of Installation of Services to be Paid by Owner" Schedule "E-4" - "Capital Grants, Subsidies or Other Contributions Anticipated from Other Government Agencies" Schedule "E-5" - "Estimated Total and Net Capital Cost of Installation of Services" Schedule "E-6" - "List of Services in the Agreement from which a Development Charge is Payable" Schedule "E-7" - "List of Services in the Agreement which are Referred to in Subsection 3(7) of the Act' Schedule "E-8" - "Manner of Calculation of Portion of Front-End Payment to be Made by Each Benefiting Owner Respecting Services" Schedule "F" - Not Used Schedule "G" - Not Used Schedule "H" - Not Used Schedule "I" - Not Used Schedule "J" - Not Used Schedule X' - "Calculation of the Front-End Payment (Recoverable) for the Services (Recoverable), Owner's Share and Benefiting Owners' Shares" Schedule "L" - "Estimated Front-End Payment (Recoverable) for the Services (Recoverable), Owner's Share and Benefiting Owners' Shares" Front-Ending Agreement Page 9 ARTICLE 2 - ACKNOWLEDGEMENTS: BASIS OF THE AGREEMENT 2.1 The Owner and the Mortgagee represent that Recitals A, B, C and D are correct. The Parties acknowledge and agree that the Services to be installed under this Agreement, the Party responsible for the installation of the Services, the Services for which a development charge is payable under the By-law, and the Services which are described in Section 3(7) of the Act, are set out in Schedules "E-1", "E-6" and "E-T'. 2.2 The Parties acknowledge and agree that the Services which are identified on Schedules "E-1" and "E-6" are required to enable the Benefiting Area to be developed. 2.3 The Parties further acknowledge and agree that under this Agreement: (a) The Owner shall only be reimbursed by Benefiting Owners in regard to the Services (Recoverable); and (b) The Services described in Section 3(7) of the Act are not eligible for reimbursement hereunder. 2.4 Nothing in this Front-Ending Agreement shall be deemed to derogate in any respect from the provisions of the Subdivision Agreement. 2.5 Postponement of Mortgage The Mortgagee hereby postpones the 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 by the Director of Public Works to the Mortgagee. As soon as is reasonably practicable after the Postponement Agreement is executed by the Mortgagee, the Owner shall deliver the same to the Municipality. Front-Ending Agreement Page 10 ARTICLE 3 - ESTIMATED COST, ETC. 3.1 The Parties acknowledge and agree that the proportion of the cost of Services to be paid by the Owner are as set out in Schedules "E-3" and "E-4", the contributions from other Government agencies and the manner of calculation of the portion of the Front-End Payment to be made by each Benefiting Owner respecting Services are as set out in Schedule "E-8"hereto; and the estimated total capital cost of the Services and the estimated Net Capital Cost of the Services are as set out in Schedule "E-5" hereto. ARTICLE 4 - COST OF ADMINISTERING THIS AGREEMENT 4.1 The Owner shall pay to the Municipality the reasonable cost to the Municipality of administering this Agreement which reasonable cost comprises the cost of the registration of this Agreement against the title of the Owner to the Lands and the title of the Benefiting Owners' to their respective lands. 4.2 In addition, the Owner shall pay to the Municipality within thirty (30) days of the delivery of the invoice therefor all other reasonable costs incurred by the Municipality of administering this Agreement, including the cost of consultants and studies required by the Director of Public Works in preparation of this Agreement. 4.3 The Municipality agrees that amounts paid by the Owner under Sections 4.1 and 4.2 are to be included in calculating the Front-End Payment (Recoverable) for the Services (Recoverable). ARTICLE 5 - SECURITY FOR OWNER'S OBLIGATIONS AND COVENANTS 5.1 If the Owner has not already done so, as soon as is reasonably practicable after the execution of this Agreement, the Owner shall deposit with the Municipality the Security required by the Subdivision Agreement for Works which also are Services, and thereafter the Owner shall maintain it in good standing until the Security is reduced or released in accordance with the provisions of the Subdivision Agreement. The Security for Works, which are Services, shall also be the Financial Security in regard to the Services in order to secure the due performance of the Owner's obligations and covenants respecting the Services under this Agreement. 5.2 The Municipality shall be entitled to draw upon the Financial Security if it is not renewed or replaced with another Financial Security at least thirty (30) days prior to its Front-Ending Agreement Page 11 expiry and all monies received by the Municipality shall be used to secure the due performance of each of the Owner's obligations and covenants herein contained. 53 If the Director of Public Work, at any time and from time to time, determines that the actual cost of installing a Service may exceed the Estimated Installation Cost in regard to the Services, or after an objection is made to the Agreement, it may notify the Owner of the new estimate (the "Revised Estimate") and the Owner shall deliver to the Municipality,within thirty(30)days of receipt of such notice, an additional or a replacement Financial Security such that the total amount of the Financial Security held by the Municipality is then equal to one hundred percent(100%) of the "Revised Estimate"less the amount of any reduction in the Financial Security which the Municipality may have permitted under the terms of the Subdivision Agreement. 5.4 If, at any time, the Owner is in default of its obligations and covenants under the terms of this Agreement, the Municipality shall be entitled, but not obligated, to: (a) satisfy any outstanding obligations of the Owner under this Agreement; and/or (b) call upon the Financial Security to rectify the default. If, for any reason, the Financial Security is not sufficient to permit the rectification of the default, or the Municipality incurs any costs in so proceeding, the Owner shall pay, within thirty (30) days of demand, any and all additional costs as they are incurred, failing which such costs may be recovered in like manner as municipal taxes under Section 326 of the Municipal Act and shall be a charge upon the Retained Lands. 5.5 Any call on the Financial Security by the Municipality under the terms of this Agreement or the Subdivision Agreement shall not relieve the Owner from any of its obligations hereunder or under the Subdivision Agreement. ARTICLE 6 - INSTALLATION OF SERVICES BY THE OWNER 6.1 Owner Installs Without derogating from the provisions of agreements made or to be made by the Owner and the Municipality pursuant to Section 51 of the Planning Act with respect to any or more portions of the Lands, the Owner shall, at its expense, obtain all required approvals and install or cause to be installed the Services listed in Schedule "E-1". These i ,Za Front-Ending Agreement Page 12 Services comprise the Owner Services for the purposes of this Agreement. Each of the Owner Services will be installed in accordance with the Subdivision Agreement. 6.2 Completion Dates (a) The Owner covenants to complete construction and installation of the Owner Services by October 31, 1997 or such later date as may be approved by the Director of Public Works. (b) If the Owner defaults in the installation of any of the Owner Services or if the Owner Services are not being installed in accordance with either the terms of this Agreement, or the Subdivision Agreement, the Municipality may call upon the Financial Security in accordance with the provisions of the Subdivision Agreement as are applicable thereto. (c) After the completion of the installation of any of the Owner Services in accordance with the Subdivision Agreement, the Director of Public Works may give to the Owner a Certificate of Completion of the Owner Service pursuant to the Subdivision Agreement. 63 Return of Financial Security Forthwith after the Owner is given a Certificate of Acceptance of the Owner Services and provided no outstanding claims remain by the Municipality against the Owner under or arising out of either this Agreement and the Owner is entitled to the return of the Letter of Credit referred to in Section 5.1(2) under the provisions of the Subdivision Agreement, the Municipality shall return the Letter of Credit to the Owner. 6.4 Owner's Cost (a) Either forthwith after this Agreement is made, if a Certificate of Completion has been issued for an Owner service, or if a Certificate has not been issued, prior to a Certificate of Completion being issued for an Owner service, the Owner shall deliver to the Director the final statement of the Reasonable Cost incurred by the Owner for installing the Owner Service in question for his consideration and, if appropriate, his approval. The Reasonable Cost shall include costs for each of the items of cost set out in Schedule "E-5" and any other reasonable costs, as determined by the Director, respecting the Owner Services. The Owner shall, if so requested by the Director, permit the Municipality, its Front-Ending Agreement Page 13 employees and agents, access to its books and records for the purpose of satisfying itself as to the reasonableness of such costs. (b) From time to time during the installation of the Owner Services, the Municipality may request and the Owner shall supply an interim statement of the Reasonable Cost incurred to date as well as the estimated cost to complete the installation of the balance of the Owner Services. (c) Upon the receipt and approval by the Director of Public Works of the final Reasonable Cost, the Director shall determine the Final Cost-Owner Services and the Net Capital Cost of the Owner Services and shall notify in writing the Owner of same. (d) If any grants, subsidies or other contributions are received from other government agencies for the Owner Services which do not comprise part of the Net Capital Cost of the Owner Services, the Municipality shall refund same to the Owner. (e) The Owner shall hold back from any person supplying services or materials respecting the installation of the Owner Services, such amounts as a person is required to hold back under the Construction Lien Act, for such time periods as would be required to be held back pursuant to such Act. Following the expiry of the period the Holdbacks are required to be held pursuant to the Construction Lien Act (the "Holdbacks"), such Holdbacks may be released to the person supplying the services or materials with respect to which any such Holdbacks relate. (f) The Municipality shall use the Reasonable Cost to the Owner of the installation of the Owner Services in calculating the portion of the Front-End Payments (Recoverable) to be made by each Benefiting Owner with respect to the Services in this Agreement for which a Development Charge is payable. ARTICLE 7 - RECOVERY OF FRONT-END PAYMENTS (RECOVERABLE) 7.1 Schedule "B" identifies all Benefiting Owners who own land within the Benefiting Area and contains a plan which describes their respective lands within the Benefiting Area. 7.2 After the installation of the Owner Services is complete and all costs pertaining thereto have been determined, the Director of Public Works will determine the final Front- End Payment(Recoverable)for the Services(Recoverable)and Owner's Share of the Front- Front-Ending Agreement Page 14 End Payment, and will set the same out in Schedule 'V. The current estimated Front-End Payment (Recoverable) for the Services (Recoverable) is set out in Schedule "L". 73 For the Services (Recoverable), as a condition of an approval granted to a Benefiting Owner in regard to any development on that portion of the Benefiting Owner's land located within a Benefiting Area during the Term, the Municipality shall require such Benefiting Owner to pay the Benefiting Owner's portion of the Front-End Payment (Recoverable) for the Services (Recoverable) in accordance with Schedule "K" or Schedule 'Vas is applicable in the circumstance. The estimated amount of each Benefiting Owner's share of the Front-End Payment (Recoverable) for the Services (Recoverable) is set out in Schedule "L". If the amount paid by a Benefiting Owner to the Municipality as his share of the Front-End Payment (Recoverable) is the amount allocated to him by Schedule "U', the Owner agrees that the Municipality shall not be required to pay more than the amount so received by the Municipality to the Owner if the Benefiting Owner's share of the Front- Ending Payment(Recoverable)for the Services(Recoverable)is greater under Schedule"K" than it is under Schedule "L". 7.4 The estimate of the payment required to be made by each Benefiting Owner under Section 7.3 in regard to the Services (Recoverable) is set forth in Schedule "U and is subject to adjustment in accordance with the provisions of this Agreement. 7.5 From and including the later to occur of the day on which a Certificate of Completion is issued under the Subdivision Agreement for one of the Works which comprises a Service (Recoverable) and the day on which the Director completes Schedule "K" in accordance with this Agreement, until the day on which the Term of this Agreement expires, the payment required to be made by the Benefiting Owners who have not paid their share of the Front-End Payment (Recoverable) to the Municipality shall be indexed on the 1st day of April and on the 1st day of October in each year of the Term in accordance with the Engineering News Record Construction Cost Indexes for 22 cities as published in the Engineering News Record for the most available six month period, the first of such adjustments to be made on the next adjustment date which next follows the later to occur of the aforesaid days. 7.6 Subject to Section 7.7, the Municipality shall place all money received from or on behalf of a Benefiting Owner pursuant to this Agreement which is to be paid immediately to the Owner or to its direction (the "Immediate Payment Money") in a special account and shall, immediately upon receipt of the money, by registered mail Front-Ending Agreement Page 15 (a) notify the Owner that the money is available to be paid out; and (b) request the Owner to give a direction to the Municipality as to whom the money is to be paid. 7.7 (a) Notwithstanding Section 7.6, the Owner hereby irrevocably authorizes and directs the Municipality to pay all money received from or on behalf of a Benefiting Owner respecting the Services (Recoverable) or any one or more of them pursuant to and during the term of this Agreement, to the Municipality to be held in trust by the Municipality in an interest bearing account (the "Trust Account") with a bank listed in Schedule I or II of the Bank Act and to be disbursed by the Municipality in accordance with this Section 7.7(a). The Municipality shall segregate the money paid to it pursuant to this Section 7.7(a) and interest which accrues thereon into the components of principal and interest, one for each of the Services (Recoverable). As soon as is reasonably practicable after the Owner is given a Certificate of Completion and Schedule 'Whereto is completed in accordance with Section 18.1 of this Front-Ending Agreement with respect to a Service (Recoverable), the Municipality shall pay the component of the Trust Account referable to such Service up to a maximum of the amounts of the Benefiting Owners' Share of the Front-End Payment(Recoverable)for the Services(Recoverable) shown on Schedule W' hereto that in fact have been received by the Municipality to the Mortgagee, or to its direction, less any amounts owed to the Municipality under this Agreement which amounts may be appropriated by the Municipality at any time. As soon as is reasonably practicable following receipt of a written request from the Mortgagee, the Treasurer shall give the Mortgagee a written account of the principal and accrued interest outstanding in the Trust Account. The terms and conditions of the Trust Account including the interest accruing and payable on money deposited in it are in the discretion of the Treasurer, acting reasonably. (b) With respect to money which comprises the Immediate Payment Money, received from or on behalf of Benefiting Owner referable to a particular Service in respect of which the Owner has been given a Certificate of Completion under the Subdivision Agreement, the Municipality shall issue the notice and make the request referred to in Sections 7.7(a) and 7.7(b), respectively. Upon receipt of a written direction from the Mortgagee, the Municipality shall pay to the person named in the direction the money received by the Municipality. Front-Ending Agreement Page 16 7.8 If within ninety (90) days of mailing the notice, the Municipality has not received a direction from the Mortgagee with respect to Immediate Payment Money, the Municipality may pay the money owing to the party into the Ontario Court (General Division). 7.9 Upon payment of the money into Court, the Municipality shall immediately notify the Owner by registered mail sent to the Owner's last known address, that (a) the money has been paid into Court; and (b) the Mortgagee must apply to the Court for the release of the money. 7.10 If a party, or a successor or assign thereof, has not applied to the Court under Section 7.9 within twelve (12) months of the mailing of the notice, the Municipality may apply to the Court for the release of the money to the Municipality. 7.11 The Municipality is required to reimburse the parties to this Agreement only if and when the money referred to in Section 7.6 is received from a Benefiting Owner and only in accordance with Section 7.3 and Sections 7.7 to 7.10 of this Front-Ending Agreement. 7.12 The Owner hereby agrees that the Municipality may, in its discretion, release to a Benefiting Owner copies of any certificates, reports, contracts or other documents and materials that are in its possession for the purposes of satisfying the Benefiting Owner as to the Front-End Payment (Recoverable) for the Services (Recoverable). 7.13 (a) For the avoidance of doubt, the Parties agree that if the estimated Front-End Payment (Recoverable) is less than the final Front-End Payment (Recoverable), as determined by the Director of Public Works in accordance with Section 7.2, and the Benefiting Owner has previously discharged his or her obligations in accordance with this Agreement, the Municipality is under no further obligation to collect from the Benefiting Owner or to withhold approvals from such Benefiting Owner. (b) If the estimated Front-End Payment (Recoverable) is more than the final Front-End Payment (Recoverable), as determined by the Director of Public Works in accordance with Section 7.2, and the Benefiting Owner has previously discharged its obligations in accordance with this Agreement, the Municipality is under no further obligation to make a refund to the Benefiting Owner. zs Front-Ending Agreement Page 17 ARTICLE 8 - OBJECTIONS 8.1 Upon the execution and delivery of this Agreement the Municipality shall give notice of this Agreement to the persons and in the manner prescribed by Section 22 of the Act. 8.2 The Municipality shall advise the Owner if an Objection is filed by a recipient of such notice. If an Objection is filed, the Owner acknowledges that the Municipality, in its sole discretion, may retain legal counsel to appear on behalf of the Municipality at any hearing held by the Municipal Board in connection with such Objection. 83 If the Municipal Board directs that changes be made to this Agreement, the parties shall enter into an amending agreement or a restatement of this Agreement incorporating such changes unless either the Owner or the Municipality advises the other party that the changes are not acceptable, in which event this Agreement shall be at an end. ARTICLE 9 - INDEMNITY AND REIMBURSEMENT 9.1 The Owner shall indemnify and save the Municipality(which for the purposes of this Section shall include its employees, elected officials, councillors, officers, contractors, servants and agents) harmless from all costs, actions, suits and liabilities arising from or in any way connected with (a) the passing of By-law No. 97-85 and By-law No. 97-87, the making of this Agreement and the performance of its duties hereunder by the Municipality, its employees and agents acting in good faith; or (b) a breach by the Owner of any of its obligations under this Agreement; or (c) the development of the Lands or the Services or the installation thereof or any other work performed pursuant to this Agreement including the removal of or defence of any action to enforce any construction liens relating thereto; or (d) any disputes arising with respect to the cost of installing the Services including any disputes by a Benefiting Owner with respect to the amount or calculation of the payments which it is obliged to make hereunder; or Front-Ending Agreement Page 18 (e) all claims for property damage or injury,and any consequential damage arising from such damage or injury, whether such damage or injury is caused by or attributed to the negligence of the Municipality. If the Municipality, by virtue of (i) having entered into this Agreement, (ii) the allocation or payment of moneys hereunder, (iii) the carrying out of any of the work contemplated hereunder, or (iv) any of the Services being located on land owned by or in which the Municipality has an interest, the Municipality is made a party to any litigation commenced by or against the Owner, the Owner shall protect, indemnify and hold the Municipality harmless in connection with such allocation, works, services or litigation. The Municipality may, at its option, participate in any litigation or settlement discussions relating to the foregoing,or any other matter for which the Owner is required to indemnify the Municipality under this Agreement. Alternatively, the Municipality may require the Owner to assume carriage of and responsibility for all or any part of such litigation or discussions. 9.2 The Owner shall pay upon demand to the Municipality all costs incurred by it in connection with any Objection including any and all costs associated with any hearing before the Municipal Board, such costs to include, without limitation, legal fees and disbursements, on a solicitor and client basis, and consultants' fees and disbursements. The Owner acknowledges that payment under this Section is intended to fully reimburse the Municipality for all such costs. 93 If for any reason this Agreement or any provision of this Agreement or any amendment of or waiver under it is not enforceable (whether by virtue of non-compliance with the Act or otherwise) against the parties hereto or any Benefiting Owner, the Owner acknowledges that the Municipality shall have no liability for such enforceability. The Owner further acknowledges that the Municipality shall not be liable for any expiry, repeal or amendment of the By-law or the failure to obtain any consents or approvals for any amendments to this Agreement and hereby release the Municipality from any such liability. 9.4 The obligation of the Owner under this Article 9 shall survive any termination or expiry of this Agreement, anything in this Agreement to the contrary notwithstanding. ARTICLE 10 - INTEREST ON ARREARS 10.1 If any amounts due from the Owner under this Agreement are not paid when due, interest shall accrue thereon at the rate of fifteen (15%) percent per annum from the due date until payment is made. Front-Ending Agreement Page 19 ARTICLE 11 - TERM 11.1 If no Objection is filed, the Term of this Agreement during which it shall be operative shall commence on the date this Agreement is fully executed. If an Objection is filed, the Term of this Agreement shall commence on the date this Agreement is confirmed by the Municipal Board or, if changes are directed by the Municipal Board, the date on which all Parties have executed the amendment to this Agreement giving effect to such changes. The Term of this Agreement shall expire on the tenth (10) anniversary of the date on which the Term commenced. The Parties hereto agree that this Agreement shall continue in full force and effect despite any expiry or repeal of the By-law or the enactment or any replacement or amending By-law. ARTICLE 12 - REGISTRATION OF AGREEMENT 12.1 The Owner and the Mortgagee acknowledge that this Agreement may be registered by the Municipality, at the expense of the Owner, in the Land Registry Office against the title to the Retained Lands and any other lands in the Benefiting Area, and consent to such registration. 12.2 This Agreement shall run with and bind the Retained Lands and any other lands within the Benefiting Area against the title to which this Agreement is registered. 123 It is hereby agreed by and between the parties hereto that upon compliance with all the provisions of this Agreement by the Owner on the expiry of the Term, the Municipality will issue to the Owner a certificate adequate for registration consenting to the removal of this Agreement from title to the Retained Lands. ARTICLE 13 - FURTHER ASSURANCES 13.1 The Owner and the Mortgagee shall execute such further assurances as may be required from time to time by the Municipality to give effect to this Agreement. ARTICLE 14 - SUCCESSORS AND ASSIGNS 14.1 This Agreement shall bind and benefit the parties hereto and their respective successors and assigns. Front-Ending Agreement Page 20 14.2 Despite any assignment of this Agreement by the Owner or any transfer of all or any part of the Retained Lands, the Owner shall remain liable hereunder as if the Owner retained title to the Retained Lands. ARTICLE 15 - ACCEPTANCE 15.1 In addition to complying with the provision of the Subdivision Agreement,the performance by the Owner of its obligations under the terms of this Agreement to the satisfaction of the Municipality shall be a condition precedent to the issuance of the Certificate of Acceptance of either the Owner Services or an Owner Service. ARTICLE 16 - NOTICE 16.1 Any notice, request or certificate given pursuant to or in connection with this Agreement shall be in writing and shall be conclusively deemed to be given and received on the third business day next following the day upon which it is mailed in Canada by prepaid registered post addressed to the person to be notified at the address of such person set forth below or such other address as may be specified by such person from time to time by notice to all other parties hereto: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Director of Public Works AND TO: Delbert Development Corporation 5460 Yonge Street, Suite 212 North York, Ontario M2N 6K7 AND TO: Royal Bank of Canada Corporate Banking - Real Estate 20 King Street West 9th Floor Toronto, Ontario M5H 1C4 Front-Ending Agreement Page 21 ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT 17.1 The Owner acknowledges and agrees that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreement is made by the Municipality in reliance on the acknowledgement and agreement of the Owner as aforesaid. ARTICLE 18 - COMPLETION OF SCHEDULE "K" 18.1 The Schedules attached hereto are incorporated in and form a part of this Agreement. The Director is hereby authorized to complete Schedule "K" to this Agreement on behalf of the Parties after the date as of which this Agreement as made provided that forthwith after doing so the Director shall give written notice thereof to the Owner. ARTICLE 19 - INTERPRETATION 19.1 The headings are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement. 19.2 All references to Sections and subsections unless otherwise specified are to sections and subsections of this Agreement. 19.3 In this Agreement,unless the context otherwise requires,words importing the singular include the plural and vice versa and words importing a gender include all genders. 19.4 References herein to any statute or any provision thereof include such statute or provision thereof as amended, revised, re-enacted and/or consolidated from time to time and any successor statute thereto. 19.5 If any provision hereof is prohibited or unenforceable, such provision shall be deemed to be severable and shall not invalidate or render unenforceable the remainder of this Agreement. 19.6 No amendment, supplement,waiver or consent provided for by the provisions of this Agreement shall be effective unless in writing and signed by the party against whom enforcement of the amendment, supplement, waiver or consent is sought. 19.7 Time shall be of the essence of this Agreement. Front-Ending Agreement Page 22 19.8 Nothing herein contained shall create or be deemed to create a joint venture or partnership between the parties hereto. 19.9 All agreements herein contained, though not expressed to be covenants, shall be deemed to be covenants. 19.10 The Schedules attached to this Agreement form part of this Agreement and are deemed to be included as part of the text of this Agreement. 19.11 This Agreement may be executed by the Parties hereto in counterparts. IN WITNESS WHEREOF the parties have executed this Agreement under seal. SIGNED, SEALED AND ) THE CORPORATION OF TIE•, DELIVERED ) MUNICIPALITY OF. If,3T In the Presence of: ) by: 7 ^R Title: Mayor Name: Diane am � by: Title: C rk Name: Barrie � ,,:noseseareoerc •�� 84860 O ` " ) 6 by: Title: 1�oY�2 _ s1no��n^rnkh Cho , Name: ) by: Title: Name: 82963 ON C. bY� ,_ •• Title: R•n�W4Y�L n �K�p;-RC Name: S1�olz rn1 Nbu�1 a�, se�r,Y by: Title: Name: 31 Front-Ending Agreement Page 23 We have the Authority to ) ROYAL B OF CANADA bind the Bank. ) The name of The Royal ) by: Bank of Canada was changed to Royal Bank of ) Name: o u j0i(Y� Canada as set out in ) Order-in-Council P.C. 1990- ) 2221, a copy of which is ) by: attached to instrument ) Title: registered as No. 162641 on ) Name: the 2nd day of November, ) 1990, in the Land Registry ) Office. ) 31 SCHEDULE "A" LEGAL DESCRIPTION OF LANDS All and singular that certain parcel of land and premises, situated, lying and being in the Town of Newcastle and the Regional Municipality of Durham, and being comprised of Part of Lot 30, Concession 3, Town of Newcastle shown as Part 1 on plan of survey of record deposited in the Land Registry Office for the Land Titles Division of Durham (No. 40) (the "Land Registry Office") as Plan 1OR-3604, and as Part 3 on plan of survey deposited in the Land Registry Office for the Land Titles Division of Durham (No. 40) (the "Land Registry Office") as Plan 40R-13783. 33 SCHEDULE "B" PLAN OF BENEFITING AREA t 1 ) i I i f t I 1 I N ,....... ._.. au= wow -i—E r _- •----------' •,�^ LAND OWNERSHIP 10 FOLEY GROUP/ARCHIE CURTIS 0 ROYAL BANK DEV. 91-017 ' ROYAL BANK 18T-91006 �4 848601 ONTARIO INC. 18T-89035 rwmwa.IasraeP i�' i 'J 848601 ONTARIO INC. 18T-88067 829633 ONTARIO INC. 18T-88067 COURTICE HEIGHTS DEVELOPMENTS LEGEND BENEFITTING AREAS +asrxx t _--' iii OWNER'S AREA OPEN SPACE AND/OR L.....«__ i GREEN SPACE ...... I !a___ , .: .......__ STORM WORKS ................. :..:. .. . :. , ' I MON9AN VOND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON �.. ; I ..,...... Public W-k.Dep.t—j 11 ------ ______l}___ __�--- .......... HORBAN POND .rci WATER QUALITY FACILITY P� BENEFITnNG AREAS FOR HORBAN POND ! 1 P2C!AB:M l.L4Y I m w pwssoClaftS Ltd. �l C-ulm&g—apa =m--T., 1. (903).89-rtl18 1943)t39-)tl]I �Am-wa.w ti SCa.E' rI.T.S. CnECxEO B, 11111E, Nc1 o WE RIL 1T 7 0 169A OESIG ED 91 ();4 ..JD . - SCHEDULE "C" LEGAL DESCRIPTION OF RETAINED LANDS 829633 Ontario Inc. Lands 1. Parcel 16-1, Section 40M-1685 being Block 16, Plan 40M-1685, Town of Newcastle, Regional Municipality of Durham. 2. Part of Parcel 13-1, Section 40M-1685, being Part of Block 13, Plan 40M-1685, designated as Part 8, Plan 40R-14103, Town of Newcastle, Regional Municipality of Durham. 848601 Ontario Inc. Lands 1. Parcel 30-1, Section Concession 3, being Part of Lot 30, Concession 3, Geographic Township of Darlington, designated as Part 3, Plan 10R-558, now in the Town of Newcastle, in the Regional Municipality of Durham. 35 SCHEDULE "E-1" LIST OF SERVICES TO BE INSTALLED BY OWNER The Services which the Owner will install under this Agreement and the Subdivision Agreement comprise: 1. Stormwater Quality Facility including all structures and appurtenances, located north-east of the intersection of Trulls and Nash Road. 2. Approximately 77 metres of external storm sewer between the existing manhole at the intersection of Trulls and Nash Roads northerly to MH 700, then north-easterly approximately 45 metres to the inlet structure within the Stormwater Quality Facility. 3. Approximately 55 metres of external storm sewer east of MH 1 located on Trulls Road approximately 110 metres north of Nash Road to the outfall within the Stormwater Quality Facility. . The Services are hereby deemed to be of benefit to the Benefitting Area. The Stormwater Quality Facility are more particularly described in the Engineering Drawings for these Works prepared by G. M. Sernas & Associates Limited dated June 1994 and finally approved by and on file with the Director of Public Works. 36 SCHEDULE "E-Y PROPORTION OF COST OF INSTALLATION OF SERVICES TO BE PAID BY OWNER One hundred (100%) percent of the cost of installation of the Services. SCHEDULE T-411 CAPITAL GRANTS, SUBSIDIES OR OTHER CONTRIBUTIONS ANTICIPATED FROM OTHER GOVERNMENT AGENCIES None SCHEDULE"E-S" TOTAL AND ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES ESTIMATED TOTAL ESTIMATED NET CAPITAL STORM WATER MANAGEMENT WORKS DESCRIPTION INSTALLATION COST OF SERVICES COST OF TO BENEFITTING AREA SERVICES EXCLUDING OWNER'S LANDS 1. Pond Construction $500,000.00 $500,000.00 Estimated Cost 2. Legal Surveying $1,850.00 $1,850.00 Estimated Cost 3. Engineering Fees $40,000.00 $40,000.00 Estimated Cost 4. Legal Fees $6,000.00 $6,000.00 Estimated Cost 5. Municipal Inspection Fees $3,427.36 53,42736 Estimated Cost 6. Admnistration of Agreement $8,000.00 $8,000.00 Estimated Cost TOTAL ESTIMATED COSTS $559,277.36 $559,277.36 91060cs i SCHEDULE "E-6" LIST OF SERVICES IN THE AGREEMENT FOR WHICH A DEVELOPMENT CHARGE IS PAYABLE The Services which the Owner will install under this Agreement and the Subdivision Agreement comprise: 1. Stormwater Quality Facility including all structures and appurtenances,located north- east of the intersection of Trulls and Nash Road. 2. Approximately 77 metres of external storm sewer between the existing manhole at the intersection of Trulls and Nash Roads northerly to MH 700, then north-easterly approximately 45 metres to the inlet structure within the Stormwater Quality Facility. 3. Approximately 55 metre of external storm sewer east of MH 1 Located on Trulls Road approximately 110 metres north of Nash Road to the outfall within the Stormwater Quality Facility. The Services are hereby deemed to be of benefit to the Benefiting Area. The Stormwater Quality Facility is more importantly described in the Engineering Drawings for these Works prepared by G.M. Sernas & Associates Limited dated June 1994 and finally approved by and on file with the Director of Public Works. S • f//t SCHEDULE "E-7" LIST OF SERVICES IN THE AGREEMENT WHICH ARE REFERRED TO IN SUBSECTION 3(7) OF THE ACT None J41 SCHEDULE"E-8" MANNER OF CALCULATION OF PORTION OF FRONT-END PAYMENT TO BE MADE BY EACH BENEFITTING OWNER RESPECTING SERVICES SUMMARY OF AREAS CONTRIBUTING TO THE INSTALLATION OF SERVICES TOTAL OPEN SPACE CONTRIBUTING AREA(SHOWN ON PLANS IN SCHEDULE B) AREA AND/OR GREEN SPACE AREA ha ha ha 1. 7.57 4.04 3.53 2. 1.89 0.17 1.72 3. 2.70 0.00 2.70 4. 3.52 0.35 3.17 5. 1.75 0.00 1.75 6. 4.64 0.89 3.75 TOTAL GROUND AREA(ha) 16.62 TOTAL ESTIMATED NET CAPITAL COST OF SERVICES $559,277.36 COST OF SERVICES PER HECTARE $33,650.86 The estimated Net Capital Cost of the Owner Services on Schedule"E-5"is$559,277.36 The total ground area of the Areas shown on the plan contained in Schedule"B"which contribute to the cost of the Owner Services is 16.62 ha. The Benefitting Area shown on the plan contained in Schedule"B"excluding the Owner's Lands is 7.28 ha. The portion of the Front-End Payment(Recoverable) allocated to each Area within the Benefitting Area excluding the Owner's Lands is the product achieved by multiplying the ground area of each such Area in hectares by the amount of$33,650.86. 9106NC2 SCHEDULE "K" CALCULATION OF THE FRONT-END PAYMENT (RECOVERABLE) FOR THE SERVICES (RECOVERABLE), OWNER'S SHARE AND BENEFITING OWNERS' SHARES E i c 4 SCHEDULE" L" ESTIMATED FRONT-END PAYMENT(RECOVERABLE) FOR SERVICES (RECOVERABLE). OWNER'S SHARE AND BENEFITTING OWNER'S SHARE OWNER'S FRONT-END OWNER OF TOTAL AREA SHARE BENEFITTING AMOUNT PER PAYMENT AREA BENEFITTING AREA CONTRIBUTING OF AREA HECTARE (RECOVERABLE) (ha) AREA (ha) ($) M ha) 1. FOLEY GROUP/ARCHIE CURTIS 3.53 3.53 $33,644.79 $118,766.11 2. ROYAL BANK(DEV.91-017) 1.72 1.72 $33,644.79 3. ROYAL BANK(1ST-91006) 2.70 2.70 $33,644.79 4. 848601 Ontario Inc.(18T-89035) 3.17 3.17 $33,644.79 5. 848601 Ontario Inc.(18T-88067) 1.75 1.75 $33,644.79 829633 Ontario Inc.0 8T-88067) 6. COURTICE HEIGHTS DEV. 3:75 3.75 $33,644.79 $126,167.96 TOTAL 16.62 9.34 7.28 $244,934.07 91060ss3