The URL can be used to link to this page

Home My WebLink About97-88 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-88 being a By-law to authorize the making of a front-ending agreement between the Municipality of Clarington and 621182 Ontario Limited and Ashdale Capital Corporation Ltd. by its Receiver and Manager BDO Dunwoody Limited 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 621182 Ontario Limited and Ashdale Capital Corporation Ltd. by its Receiver and Manager BDO Dunwoody Limited under Part II of the Development Charges Act R.S.O. 1990 c.D.9 respecting the services referred to in a report entitled Willowbrook Gardens & Mearns 1 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 RTr 1 BARRISTERS AND SOLICITORS .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: Re: Municipality of Clarington front-ending agreement with 621182 Ontario Limited and Ashdale Capital Corporation by its Receiver and Manager BDO Dunwoody Limited Willowbrook Gardens and Mearns I Enclosed are the following documents registered at the Land Registry Office at Whitby on March 30, 1999: 1. Municipal By-law No.97-88 Authorizing Front-Ending Agreement registered as Instrument No.LT 892882 in the Land Titles system. 2. Municipal By-law No.97-88 Authorizing Front-Ending Agreement registered as Instrument No.LT 892886 in the Land Titles system in respect of lands recently in the Registry system. 3. Front-Ending Agreement registered as Instrument No. LT892883 in the Land Titles system. 4. Front-Ending Agreement registered as Instrument No. LT 892887 in the Land Titles system in respect of lands recently in 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:\DATAVAACOS\CLARING\FRONTEND\WILLOW.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 0� of vince Do Process Software Ltd. (416)322-6111 : Ontario Document General Form 4—Land Registration Reform Act 7222 D (1)Registry ❑ Land Titles ❑X (2) Page 1 of pages (3)Property Block Property Identifiers) / p, 0�� Additional: (p T See ❑ Schedule (4)Nature of Document MUNICIPAL BY-LAW AUTHORIZING FRONT-ENDING AGREEMENT Section 24 of the Development Charges Act } - L"-) (5)Consideration N a- C"") — Z � O Oa „ `I ,,a Dollars$ rn o (6)Description t'-" �-- i Municipality of Clarington 2 tn , O Regional Municipality of Durham ao ! C10 j ; as more particularly described in Schedule "1" attached O New Property Identifiers m Additional: See ❑Schedule Executions (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement Additional See Contains: X ❑ 10ther Schedule ❑ Plan/Sketch ❑ Description ❑ Parties (8)This Document provides as follows: See certified copy of By-law No. 97-88 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 THE.CORPMATION.0flHE.M[i IGipA M 4F ---------------------- �'------..........---------------------........... . CLARINGTON, by its solicitor Nicholas T. Macos ------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------- ---------------=-------=------- ................................................................................................................... ................................. ............................................... ....... (11) Address 40 Temperance Street Bowmanville Ontario LIC 3A6 for Service p � � (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: Fees and Tax Dennis Registration Fee ennis C. Hefferon w Barrister& Solicitor 130 Adelaide Street West w U Suite 2500 LL Toronto, Ontario 0 M5H 2M2 Total Document prepared using The Conveyancer SCHEDULE LEGAL DESCRIPTION FIRSTLY: Property Identifier Number: .2 Q Parcel Con 2-9-1, Section Darlington being Part of Lot 9, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Munici ality of Durham designated as Part e 1 on Plan 40R-15339. sav exe�p-� 'Tz,&r. SECONDLY: Property Identifier Number: (�,5"p Parcel 8-3, Section Con. 2 Newcastle (Darlington) (Bowmanville) being Part of Lot 8, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Parts 1 and 2 on Plan IOR-575 save and except Parts 1, 2, 3, 4 and 5 on Plan IOR_ .23$4 a Pats t, 2,3 w 4, �., Pla„1n2- 319 THIRDLY: Property' Identifier Number: 02 6 6 SO- 000 6. Parcel 8-5, Section Con. 2 Darlington (Bowmanville) being Part of Lot 8, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan IOR-3179. FOURTHLY: Property Identifier Number: Parcel 2-1, Section H-50077 being Part of Lots 2, 96, 97 and 98 and Part of Lots 4 and 95, Block E, Plan H-50077 being a subdivision of Part of Lot 9, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 3 on Plan IOR-3976, art 2 on Plan IOR-3982. GJes-& of - - - - - . 3 � FIFTHLY: Part of Lot 1 Plan 40M-1676 P. I .N. : 26620-0081 Part of Lot 1 Plan 40M-1676 P. I .N. : 26620-0254 Part of Lot 2 Plan 40M-1676 P. I .N. : 26620-0082- Part of Lot 2 Plan 40M-1676 P. I .N. : 26620-0083' Part of Lot 3 Plan 40M-1676 P. I .N. : 26620-0251 Part of Lot 3 Plan 40M-1676 P. I .N. : 26620-0084 Lot 4 Plan 40M-1676 P. I .N. 26620-0239 Lot 5 Plan 40M-1676 P. I .N. : 26620-0238 Lot 6 Plan 40M-1676 P,I .N. : 26620-0237- Lot 7 Plan 40M-1676 P. I .N. : 26620-0236- Lot 8 Plan 40M-1676 P. I .N. : 26620-0235 , Lot 9 Plan 40M-1676 P.I .N. : 26620-0234 Lot 10 Plan 40M-1676 P. I .N. : 26620-0233 - Lot 11 Plan 40M-1676 P. I .N. : 26620-0232 . Lot 12 Plan 40M-1676 P. I .N. : 26620-0231 Lot 13 Plan 40M-1676 P. I .N. : 26620-0248- Lot 14 Plan 40M-1676 P. I .N. : 26620-0247 - Lot 15 Plan 40M-1676 P. I .N. : 26620-0246- Lot 16 Plan 40M-1676 P. I .N. : 26620-0245 - Lot 17 Plan 40M-1676 P. I.N. : 26620-0244- Lot 18 Plan 40M-1676 P. I .N. : 26620-0243 - Lot 19 Plan 40M-1676 P . I .N. : 26620-0242 - Lot 20 Plan 40M-1676 P. I .N. : 26620-0241 - Lot 21 Plan 40M-1676 P. I .N. : 26620-0240 - Part of Lot 22 Plan 40M-1676 P. I .N. : 26620-0252 Part of Lot 22 Plan 40M-1676 P. I .N. : 26620-0253- Part of Lot 23 Plan 40M-1676 P. I .N. : 26620-0087- Part of Lot 23 Plan 40M-1676 P. I .N. : 26620-0088' Part of Lot 24 Plan 40M-1676 P. I .N. : 26620-0089' Part of Lot 24 Plan 40M-1676 P. I .N, : 26620-0090 ' Part of Lot 25 Plan 40M-1676 P. I .N. : 26620-0091-' K Part of Lot 25 Plan 40M-1676 P. I .N. : 26620-0257- Part of Lot 26 Plan 40M-1676 P. I .N. : 26620-0209- Part of Lot 26 Plan 40M-1676 P. I .N. : 26620-0210- Part of Lot 27 Plan 40M-1676 P. I .N. : 26620-0211 Part of Lot 27 Plan 40M-1676 P. I .N. : 26620-0212 ' Part of Lot 28 Plan 40M-1676 P. I .N. : 26620-0213 Part of Lot 28 Plan 40M-1676 P.I .N. : 26620-0214 - Part of Lot 29 Plan 40M-1676 P. I .N. : 26620-0215- Part of Lot 29 Plan 40M-1676 P. I .N. : 26620-0216 Part of Lot 30 Plan 40M-1676 P. I .N. : 26620-0217- Part of Lot 30 Plan 40M-1676 P. I .N. : 26620-0218 Part of Lot 31 Plan 40M-1676 P. I .N. : 26620-0219 Part of Lot 31 Plan 40M-1676 P. I .N. : 26620-0220' Part of Lot 32 Plan 40M-1676 P. I .N. : 26620-0221' Part of Lot 32 Plan 40M-1676 P. I .N. : 26620-0222 - Part of Lot 33 Plan 40M-1676 P. I .N. : 26620-0259 Part of Lot 33 Plan 40M-1676 P. I .N. : 26620-0258' Part of Lot 34 Plan 40M-1676 P. I .N. : 26620-0194, Part of Lot 34 Plan 40M-1676 P. I .N. : 26620-0255 Part of Lot 35 Plan 40M-1676 P. I .N. : 26620-01951 Part of Lot 35 Plan 40M-1676 P. I .N. : 26620-0196 Schedule 14 ' - Fifthly continued Part of Lot 36 Plan 40M-1676 P. I .N. : 26620-0197-- Part of Lot 36 Plan 40M-1676 P. I .N. : 26620-0198.- Part of Lot 37 Plan 40M-1676 P. I .N. : 26620-0199 Part of Lot 37 Plan 40M-1676 P.I .N. : 26620-0200 Part of Lot 38 Plan 40M-1676 P. I .N. : 26620-0201'" Part of Lot 38 Plan 40M-1676 P. I .N. : 26620-0202 Part of Lot 39 Plan 40M-1676 P.I .N. 26620-0203' Part of Lot 39 Plan 40M-1676 P . I .N. : 26620-0204 Part of Lot 40 Plan 40M-1676 P. I .N. : 26620-0205' Part of Lot 40 Plan 40M-1676 P. I .N. : 26620-020 6 Part of Lot 41 Plan 40M-1676 P.I.N. : 26620-0207' Part of Lot 41 Plan 40M-1676 P. I .N. : 26620-0208 Lot 42 Plan 40M-1676 P.I .N. : 26620-0093. Lot 43 Plan 40M-1676 P. T .N. : 26620-0094 - Lot 44 Plan 40M-1676 P. T .N. : 26620-0095 Lot 45 Plan 40M-1676 P. I .N. : 26620-0096 - Lot 46 Plan 40M-1676 P.I .N. : 26620-0097= Lot 47 Plan 40M-1676 P.I .N. : 26620-0182 Lot 48 Plan 40M-1676 P.I .N. : 26620-0183 , Lot 49 Plan 40M-1676 P. I .N. : 26620-0184' Lot 50 Plan 40M-1676 P. I .N. : 26620-0185-- Lot 51 Plan 40M-1676 P. I .N. : 26620-0186' Lot 52 Plan 40M-1676 P. I .N. : 26620-0187' Lot 53 Plan 40M-1676 P. I .N. : 26620-0188- Lot 54 Plan 40M-1676 P. I .N. : 26620-0189' Lot 55 Plan 40M-1676 P. I .N. : 26620-0190 ' Lot 56 Plan 40M-1676 P. I .N. : 26620-0191' Lot 57 Plan 40M-1676 P.I .N. : 26620-0192' Lot 58 Plan 40M-1676 P. I .N. : 26620-0193' Lot 59 Plan 40M-1676 P. I .N. : 26620-0170 Lot 60 Plan 40M-1676 P.I .N. : 26620-0171 Lot 61 Plan 40M-1676 P. I .N. : 26620-0172 Lot 62 Plan 40M-1676 P. I .N. : 26620-0173' Lot 63 Plan 40M-1676 P. I .N. : 26620-0174' Lot 64 Plan 40M-1676 P. I .N. : 26620-0175- Lot 65 Plan 40M-1676 P. I .N. : 26620-0176.., Lot 66 Plan 40M-1676 P.I .N. : 26620-0177- Lot 67 Plan 40M-1676 P. I .N. : 26620-0178- Lot 68 Plan 40M-1676 P. I .N. : 26620-01791 Lot 69 Plan 40M-1676 P. I .N. : 26620-0180 Lot 70 Plan 40M-1676 P. T .N. : 26620-0101 Lot 71 Plan 40M-1676 P. I .N. : 26620-0100 Lot 72 Plan 40M-1676 P. I .N. : 26620-0058' Lot 73 Plan 40M-1676 P. I .N. : 26620-0057 Lot 74 Plan 40M-1676 P. I .N. : 26620-0056- Lot 75 Plan 40M-1676 P.I .N. : 26620-0055- Lot 76 Plan 40M-1676 P.I .N. : 26620-0054 Lot 77 Plan 40M-1676 P.I.N. : 26620-0053' Lot 78 Plan 40M-1676 P. I .N. : 26620-0052 Part of Lot 79 Plan 40M-1676 P.I .N. : 26620-0051 Part of Lot 79 Plan 40M-1676 P. I .N. : 26620-0050 Schedule 14 ' - Fifthly continued Part of Lot 80 Plan 40M-1676 P. I .N. : 26620-0049 -'- Part of Lot 80 Plan 40M-1676 P.I .N. : 26620-0048- Part of Lot 81 Plan 40M-1676 P. I .N. : 26620-0047/ Part of Lot 81 Plan 40M-1676 P. I .N. : 26620-0046- Part of Lot 82 Plan 40M-1676 P. I .N. : 26620-0045 Part of Lot 82 Plan 40M-1676 P. I .N. : 26620-0044 / Part of Lot 83 Plan 40M-1676 P. I .N. ? 26620-0043-- Part of Lot 83 Plan 40M-1676 P. I .N. : 26620-0042 Part of Lot 84 Plan 40M-1676 P. I .N. : 26620-0041 Part of Lot 84 Plan 40M-1676 P. I .N. : 26620-0040 Part of Lot 85 Plan 40M-1676 P. I .N. : 26620-0039- Part of Lot 85 Plan 40M-1676 P. I .N. : 26620-0038- Part of Lot 86 Plan 40M-1676 P.I .N. : 26620-0037 Part of Lot 86 Plan 40M-1676 P.I .N. : 26620-0036- Lot 87 Plan 40M-1676 P.I .N. : 26620-0033•' Lot 88 Plan 40M-1676 P. I .N. : 26620-0032 Lot 89 Plan 40M-1676 P. I .N. : 26620-0031= Lot 90 Plan 40M-1676 P. I .N. : 26620-0030 Lot 91 Plan 40M-1676 P.I .N. : 26620-0029, Lot 92 Plan 40M-1676 P. I .N. : 26620-0028= Lot 93 Plan 40M-1676 P. I .N. : 26620-0027' Lot 94 Plan 40M-1676 P. I .N. : 26620-0026•" Lot 95 Plan 40M-1676 P. I .N. : 26620-0025 Lot 96 Plan 40M-1676 P. I .N. : 26620-0024 " Lot 97 Plan 40M-1676 P. I .N. : 26620-0023 Lot 98 Plan 40M-1676 P. I .N. : 26620-0022 Block 99 Plan 40M-1676 P. I .N. : 26620-0230-"'- Block 100 Plan 40M-1676 P. I .N. : 26620-0225 Municipality of Clarington, Regional Municipality of Durham. K 7. 01 i P�/N c� rrl-/6 d' �. r. �l. ZG�/� - 0f423 SIXTHLY: 0922. PHRT Lot 1 Plan 40M-1688 P. I .N. : 26619-9IQ-8-- Lot 2 Plan 40M-1688 P. I .N. : 26619-0127 Lot 3 Plan 40M-1688 P. I .N. : 26619-0126' Lot 4 Plan 40M-1688 P. I .N. : 26619-0125 Lot 5 Plan 40M-1688 P. I .N. : 26619-0124 Lot 6 Plan 40M-1688 P. I .N. : 26619-0123 " Lot 7 Plan 40M-1688 P.I .N. : 26619-01221 Lot 8 Plan 40M-1688 P. I .N. : 26619-0121 Lot 9 Plan 40M-1688 P. I .N. : 26619-0197- Lot 10 Plan 40M-1688 P. I .N. : 26619-0198- Lot 11 Plan 40M-1688 P.I .N. : 26619-0199' Lot 12 Plan 40M-1688 P. I .N. : 26619-0200- Lot 13 Plan 40M-1688 P. I .N. : 26619-0201' Lot 14 Plan 40M-1688 P. I .N. : 26619-0202 ' Lot 15 Plan 40M-1688 P. I .N. : 26619-0203 #' Lot 16 Plan 40M-1688 P. I .N. : 26619-0204 Lot 17 Plan 40M-1688 P. I .N. : 26619-02051" Schedule 141 - Sixthly continued Lot 18 Plan 40M-1688 P. I .N. : 26619-0206 ' Lot 19 Plan 40M-1688 P. I .N. : 26619-0207' Lot 20 Plan 40M-1688 P. I .N. : 26619-0208 ' Lot 21 Plan 40M-1688 P. Y .N. : 26619-0209' Part of Lot 22 Plan 40M-1688 P. I .N. : 26619-0210' Part of Lot 22 Plan 40M-1688 P. I .N. : 26619-0211' Part of Lot 23 Plan 40M-1688 P. I.N. 26619-0212 Part of Lot 23 Plan 40M-1688 P. Y .N. : 26619-0213' Part of Lot 24 Plan 40M-1688 P. I .N. : 26619-0214' Part of Lot 24 Plan 40M-1688 P. I .N. : 26619-0215' Lot 25 Plan 40M-1688 P. I .N. : 26619-0217 Lot 26 Plan 40M-1688 P. I .N. : 26619-0218- Lot 27 Plan 40M-1688 P. I .N. : 26619-0219' Lot 28 Plan 40M-1688 P. I .N. : 26619-0220' Lot 29 Plan 40M-1688 P. I .N. : 26619-0221' Lot 30 Plan 40M-1688 P. I .N. : 26619-0222 Lot 31 Plan 40M-1688 P. I .N. : 26619-0223' Lot 32 Plan 40M-1688 P. I .N. : 26619-0224- Lot 33 Plan 40M-1688 P. Y .N. : 26619-0225' Lot 34 Plan 40M-1688 P. I .N. : 26619-0226' Lot 35 Plan 40M-1688 P. Y .N. : 26619-0227' Lot 36 Plan 40M-1688 P. I .N. : 26619-0228' Lot 37 Plan 40M-1688 P. I .N. : 26619-0229' Lot 38 Plan 40M-1688 P. I .N. : 26619-0230 Lot 39 Plan 40M-1688 P. I .N. : 26619-0231' Lot 40 Plan 40M-1688 P.I .N. : 26619-0232' Lot 41 Plan 40M-1688 P. I.N. : 26619-0233' Lot 42 Plan 40M-1688 P. I .N. : 26619-0234' Lot 43 Plan 40M-1688 P. I .N. : 26619-0235' Lot 44 Plan 40M-1688 P. I .N. : 26619-0236' Part of Lot 45 Plan 40M-1688 P. I .N. : 26620-0143` Part of Lot 45 Plan 40M-1688 P. I.N. : 26620-0142 , Part of Lot 46 Plan 40M-1688 P. I .N. : 26620-0141 ' Part of Lot 46 Plan 40M-1688 P. I .N. : 26620-01401 Part of Lot 47 Plan 40M-1688 P. I .N. : 26620-0139 - Part of Lot 47 Plan 40M-1688 P. I .N. : 26620-0138 ' Part of Lot 48 Plan 40M-1688 P. I .N. : 26620-0137 Part of Lot 48 Plan 40M-1688 P. I .N. : 26620-0136' Part of Lot 49 Plan 40M-1688 P. T .N. : 26620-0135 Part of Lot 49 Plan 40M-1688 P. I .N. : 26620-0134 -,, Part of Lot 50 Plan 40M-1688 P. I .N. : 26620-0161 " Part of Lot 50 Plan 40M-1688 P. I .N. : 26620-0160 " Part of Lot 51 Plan 40M-1688 P. I .N. : 26620-0159 Part of Lot 51 Plan 40M-1688 P. I .N. : 26620-0158 ' Part of Lot 52 Plan 40M-1688 P. I .N. : 26620-0157"' Part of Lot 52 Plan 40M-1688 P. I .N. : 26620-0156 ,, Part of Lot 53 Plan 40M-1688 P. I .N. : 26620-0165 Part of Lot 53 Plan 40M-1688 P. I .N. : 26620-0164"" Part of Lot 54 Plan 40M-1688 P. I .N. : 26620-0163 " Part of Lot 54 Plan 40M-1688 P. I .N. : 26620-0162" Part of Lot 55 Plan 40M-1688 P. I .N. : 26620-0132 -,0' Schedule 141 - Sixthly continued Part of Lot 55 Plan 40M-1688 P. I .N. : 26620-0131 Part of Lot 56 Plan 40M-1688 P. I .N. : 26620-0130 Part of Lot 56 Plan 40M-1688 P. I .N. : 26620-0129— Part of Lot 57 Plan 40M-1688 P. I .N. : 26620-0128' Part of Lot 57 Plan 40M-1688 P.I .N. : 26620-0127 Part of Lot 58 Plan 40M-1688 P.I .N. : 26620-0126- ' Part of Lot 58 Plan 40M-1688 P. I .N. 26620-0125- Part of Lot 59 Plan 40M-1688 P. I .N. : 26620-0124- Part of Lot 59 Plan 40M-1688 P.I .N. : 26620-0123- Part of Lot 60 Plan 40M-1688 P. I.N. : 26620-0122- Part of Lot 60 Plan 40M-1688 P. I .N. : 26620-0121- Part of Lot 61 Plan 40M-1688 P. I .N. : 26620-0120 Part of Lot 61 Plan 40M-1688 P. I .N. : 26620-0119 ' Part of Lot 62 Plan 40M-1688 P. I .N. : 26620-0118 - Part of Lot 62 Plan 40M-1688 P. I .N. : 26620-0117 Lot 63 Plan 40M-1688 P. I .N. : 26620-0116- Lot 64 Plan 40M-1688 P. I .N. : 26620-0115- Lot 65 Plan 40M-1688 P. I .N. : 26620-0114., Lot 66 Plan 40M-1688 P. I .N. : 26620-0113, Lot 67 Plan 40M-1688 P. I .N. : 26620-0112, Lot 68 Plan 40M-1688 P. I .N. : 26620-0111- Lot 69 Plan 40M-1688 P. I .N. : 26620-0110 ,1 Lot 70 Plan 40M-1688 P. I .N. : 26620-0109 Lot 71 Plan 40M-1688 P. I .N. : 26620-0108., Lot 72 Plan 40M-1688 P. I .N. : 26620-0107- Lot 73 Plan 40M-1688 P.I .N. : 26620-0106- Lot 74 Plan 40M-1688 P. I .N. : 26620-0105 .,- Lot 75 Plan 40M-1688 P. I .N. : 26620-0104 Lot 76 Plan 40M-1688 P. I .N. : 26620-0103 - Lot 77 Plan 40M-1688 P.I .N. : 26620-0102 Lot 78 Plan 40M-1688 P. I .N. : 26620-0059 -- Lot 79 Plan 40M-1688 P. I .N. : 26620-0060' Lot 80 Plan 40M-1688 P.I .N. : 26620-0061' Lot 81 Plan 40M-1688 ' P. I .N. : 26620-0062 ' Lot 82 Plan 40M-1688 P. I .N. : 26620-0063 Lot 83 Plan 40M-1688 P. I .N. : 26620-0064' Lot 84 Plan 40M-1688 P. I .N. : 26620-0065' Lot 85 Plan 40M-1688 P. I .N. : 26620-0066 Lot 86 Plan 40M-1688 P. I .N. : 26620-0067 Lot 87 Plan 40M-1688 P. I .N. : 26620-0068 Lot 88 Plan 40M-1688 P. I .N. : 26620-00W' Lot 89 Plan 40M-1688 P. I .N. : 26620-0070 -' Lot 90 Plan 40M-1688 P. I .N. : 26620-0071-' Lot 91 Plan 40M-1688 P. I .N. : 26620-0072' Lot 92 Plan 40M-1688 P. I .N. : 26620-00731 Lot 93 Plan 40M-1688 P. I .N. : 26620-0006 " Lot 94 Plan 40M-1688 P. I .N. : 26620-0007 Lot 95 Plan 40M-1688 P. I .N. : 26620-0008- Lot 96 Plan 40M-1688 P. I .N. : 26620-0009' Lot 97 Plan 40M-1688 P. I .N. : 26620-0010' Lot 98 Plan 40M-1688 P. I .N. : 26620-0011, Schedule 14' - Sixthly continued Lot 99 Plan 40M-1688 P.I .N. : 26620-0012 Lot 100 Plan 40M-1688 P. I .N. : 26620-0013-1 Lot 101 Plan 40M-1688 P. I .N. : 26620-0014- Lot 102 Plan 40M-1688 P.I .N. : 26620-0015, Let 103 Plan 49M 1688 26620-00!6--- Municipality of Clarington, Regional Municipality of Durham. t THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-88 being a By-law to authorize the making of a front-ending agreement between the Municipality of Clarington and 621182 Ontario Limited and Ashdale Capital Corporation Ltd. by its Receiver and Manager BDO Dunwoody Limited 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 621182 Ontario Limited and Ashdale Capital Corporation Ltd. by its Receiver and Manager BDO Dunwoody Limited under Part II of the Development Charges Act R.S.O. 1990 c.D.9 respecting the services referred to in a report entitled Willowbrook Gardens & Mearns 1 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 CIERTI . T011F r IMPY Pr°"`"Ce I Do Process Software Ltd. (416)322-6111 of Document G e n e ra D Ontario Form 4—Land Registration Reform Act 7222 s` (1)Registry El Land Titles ©T) Page 1 of pages (3)Property Block Property Identifier(s) Additional: � tP 4 ,/9 See J-J Schedule (4)Nature of Document Cl- C*_) NOTICE OF FRONT-ENDING AGREEMENT (Section 24 of the Development Charges Act (6)Consideration Dollars$ (6)Description "� - c Municipality of Clarington c Regional Municipality of Durham as more particularly described in Scheydule "1" attached t _ear trt � t New Property Identifiers u/( )� /jUPoPIIS Additional: See ❑Schedule Executions (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement ' Additional See Contains: Schedule ❑ Plan/Sketch ❑ Description 0 Parties ❑ Other 0 OF(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 1 .5 f day of Oct,eAbc, as Instrument No. LT V7 q 3 91 T. By-law No. 97-88 referred to in Recital H in the attached agreement was registered on the 3 of�day of:�M•-- 4,j is 4 I as Instrument No. LT g q g 9 k 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 : THE..QRFQR,TON..O :_IR.E.M.U,NICIPALITY..OF-------- -------------�Z.t....?-'------------------------------------....... ._.. . CLARINGTON by its solicitor Nicholas T. Macos ----------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------.L---------------....... .................................................................................................................. .................................................................................1.___--_.__._--_-{_------F_--...- (11) Address for 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 ..........................°------........°-.....---....----........-------••--°---°---°....•--°---°-°---... ..------------------°--°---------------°------------------------......°-°......---------°--:'°--°7------- ...............................................................................°-...........--------.........°--- ------------------....------------°-----------------------------------------....t.._....-------ti----.;....... (13) Address for Service (14)Municipal Address of Property (16)Document Prepared by: j Fees and Tax Nicholas T.Macos o Registration Fee W Barrister&Solicitor Cn 130 Adelaide Street West W Suite 2500 U_ Toronto,Ontario 0 M511 2M2 O Total Document prepared using The Conveyancer SCHEDULE LEGAL DESCRIPTION FIRSTLY: Property Identifier Number: .q o�o s Q` OSS Q Parcel Con 2-9-1, Section Darlington being Part of Lot 9, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Munici ality of Durham designated as Part 1 on Plan 40R-15339. save. a axa p-t~ �ar is ! *27Z R- 1*r959 SECONDLY: Property Identifier Number: �SO Parcel 8-3, Section Con. 2 Newcastle (Darlington) (Bowmanville) being Part of Lot 8, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Parts 1 and 2 on Plan IOR-575 save and except Parts 1, 2, 3, 4 and 5 on Plan l ORS 2384 Pats 1,2,3 4, �, P lah�R THIRDLY: Property Identifier Number: 6 SO_ 00016 Parcel 8-5, Section Con. 2 Darlington (Bowmanville) being Part of Lot 8, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan 10R-3179. FOURTHLY: Property Identifier Number: .26�0�20 Parcel 2-1, Section H-50077 being Part of Lots 2, 96, 97 and 98 and Part of Lots 4 and 95, Block E, Plan H-50077 being a subdivision of Part of Lot 9, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 3 on Plan IOR-3976 Part 2 on Plan IOR-3982. K . Y. e' FIFTHLY: Part of Lot 1 Plan 40M-1676 P. I .N. : 26620-0081 Part of Lot 1 Plan 40M-1676 P. I .N. : 26620-0254 Part of Lot 2 Plan 40M-1676 P. I .N. : 26620-0082 Part of Lot 2 Plan 40M-1676 P. I .N. : 26620-0083' Part of Lot 3 Plan 40M-1676 P. I .N. : 26620-0251--, Part of Lot 3 Plan 40M-.1676 P. I .N. : 26620-0084 Lot 4 Plan 40M-1676 P.I .N. :� 26620-0239 Lot 5 Plan 40M-1676 P. I .N. : 26620-0238 Lot 6 Plan 40M-1676 P. I .N. : 26620-0237- Lot 7 Plan 40M-1676 P. I .N. : 26620-0236- Lot 8 Plan 40M-1676 P. I .N. : 26.620-0235 Lot 9 Plan 40M-1676 P. I .N. : 26620-0234 Lot 10 Plan 40M-1676 P. I .N. : 26620-0233 - Lot 11 Plan 40M-1676 P. I .N. : 26620-0232 ., Lot 12 Plan 40M-1676 P. I .N. : 26620-0231 Lot 13 Plan 40M-1676 P. I .N. : 26620-0248- Lot 14 Plan 40M-1676 P. I .N. : 26620-0247 - Lot 15 Plan 40M-1676 P. I .N. : 26620-0246 • Lot 16 Plan 40M-1676 P. I .N. : 26620-0245 ' Lot 17 Plan 40M-1676 P. I .N. : 26620-0244 Lot 18 Plan 40M-1676 P. I .N. : 26620-0243 - Lot 19 Plan 40M-1676 P. I .N. : 26620-0242 Lot 20 Plan 40M-1676 P. I .N. : 26620-0241 - Lot 21 Plan 40M-1676 P. I .N. : 26620-0240 - Part of Lot 22 Plan 40M-1676 P. I .N. : 26620-0252, Part of Lot 22 Plan 40M-1676 P.I .N. : 26620-0253 Part of Lot 23 Plan 40M-1676 P. I .N. : 26620-0087- Part of Lot 23 Plan 40M-1676 P. I .N. : 26620-0088' Part of Lot 24 Plan 40M-1676 P. I .N. : 26620-0089 Part of Lot 24 Plan 40M-1676 P. I .N. : 26620-0090 ' Part of Lot 25 Plan 40M-1676 P. I .N. : 26620-00911 . Part of Lot 25 Plan 40M-1676 P. I .N. : 26620-0257- Part of Lot 26 Plan 40M-1676 P. I .N. : 26620-0209- Part of Lot 26 Plan 40M-1676 P. I .N. : 26620-0210' Part of Lot 27 Plan 40M-1676 P. I .N. : 26620-0211 - Part of Lot 27 Plan 40M-1676 P. I .N. : 26620-0212 ' Part of Lot 28 Plan 40M-1676 P. I .N. : 26620-0213 Part of Lot 28 Plan 40M-1676 P. I .N. : 26620-0214 - Part of Lot 29 Plan 40M-1676 P. I .N. : 26620-0215 Part of Lot 29 Plan 40M-1676 P. I .N. : 26620-0216 Part of Lot 30 Plan 40M-1676 P. I .N. : 26620-0217 Part of Lot 30 Plan 40M-1676 P. I .N. : 26620-0218 Part of Lot 31 Plan 40M-1676 P. I .N. : 26620-0219 Part of Lot 31 Plan 40M-1676 P. I .N. : 26620-0220' Part of Lot 32 Plan 40M-1676 P. I .N. : 26620-0221' Part of Lot 32 Plan 40M-1676 P. I .N. : 26620-0222 Part of Lot 33 Plan 40M-1676 P. I .N. : 26620-0259 Part of Lot 33 Plan 40M-1676 P. I .N. : 26620-0258' + Part of Lot 34 Plan 40M-1676 P. I .N. : 26620-0194, Part of Lot 34 Plan 40M-1676 P. I .N. : 26620-0255— Part of Lot 35 Plan 40M-1676 P. I .N. : 26620-0195, Part of Lot 35 Plan 40M-1676 P. I .N. : 26620-0196 " f P Schedule 14 ' Fifthly continued Part of Lot 36 Plan 40M-1676 P. I .N. : 26620-0197-- Part of Lot 36 Plan 40M-1676 P. Z .N. : 26620-0198 Part of Lot 37 Plan 40M-1676 P. I .N. : 26620-0199 Part of Lot 37 Plan 40M-1676 P. I .N. : 26620-0200 Part of Lot 38 Plan 40M-1676 P.I .N. : 26620-0201-- Part of Lot 38 Plan 40M-1676 P. I .N. : 26620-0202 Part of Lot 39 Plan 40M-1676 P. I .N. 26620-0203' Part of Lot 39 Plan 40M-1676 P. I .N. : 26620-0204 Part of Lot 40 Plan 40M-1676 P. I .N. : 26620-0205' Part of Lot 40 Plan 40M-1676 P.I .N. : 26620-020 6 Part of Lot 41 Plan 40M-1676 P. I .N. : 26620-0207' Part of Lot 41 Plan 40M-1676 P.I .N. : 26620-0208 Lot 42 Plan 40M-1676 P. I .N. : 26620-0093- Lot 43 Plan 40M-1676 P. I .N. : 26620-0094 Lot 44 Plan 40M-1676 P. I .N. : 26620-0095 - Lot 45 Plan 40M-1676 P. I .N. : 26620-0096 - Lot 46 Plan 40M-1676 P. I .N. : 26620-0097- Lot 47 Plan 40M-1676 P.I .N. : 26620-0182 Lot 48 Plan 40M-1676 P. I .N. : 26620-0183 Lot 49 Plan 40M-1676 P.I .N. : 26620-0184' Lot 50 Plan 40M-1676 P. I .N. : 26620-0185- Lot 51 Plan 40M-1676 P.I .N. : 26620-0186' Lot 52 Plan 40M-1676 P. I .N. : 26620-0187' Lot 53 Plan 40M-1676 P. I .N. : 26620-0188- Lot 54 Plan 40M-1676 P.I .N. : 26620-0189' Lot 55 Plan 40M-1676 P. I .N. : 26620-0190 ' Lot 56 Plan 40M-1676 P. I .N. : 26620-0191' Lot 57 Plan 40M-1676 P.I .N. : 26620-0192 ' Lot 58 Plan 40M-1676 P.I .N. : 26620-0193' Lot 59 Plan 40M-1676 P. I .N. : 26620-0170 - Lot 60 Plan 40M-1676 P.I .N. : 26620-0171- Lot 61 Plan 40M-1676 P. I .N. : 26620-0172 Lot 62 Plan 40M-1676 P. I .N. : 26620-0173" Lot 63 Plan 40M-1676 P. I .N. : 26620-0174' Lot 64 Plan 40M-1676 P.I .N. : 26620-0175-. Lot 65 Plan 40M-1676 P. I .N. : 26620-0176 Lot 66 Plan 40M-1676 P. I .N. : 26620-0177- Lot 67 Plan 40M-1676 P.I .N. : 26620-0178' Lot 68 Plan 40M-1676 P. I .N. : 26620-0179' Lot 69 Plan 40M-1676 P. I .N. : 26620-01801 Lot 70 Plan 40M-1676 P. I .N. : 26620-0101" Lot 71 Plan 40M-1676 P. I .N. : 26620-0100 Lot 72 Plan 40M-1676 P. I .N. : 26620-0058- Lot 73 Plan 40M-1676 P. I .N. : 26620-0057 Lot 74 Plan 40M-1676 P.I .N. : 26620-0056- Lot 75 Plan 40M-1676 P. I .N. : 26620-0055- Lot 76 Plan 40M-1676 P.I .N. : 26620-0054 Lot 77 Plan 40M-1676 P. I .N. : 26620-0053' Lot 78 Plan 40M-1676 P. I .N. : 26620-0052 Part of Lot 79 Plan 40M-1676 P. I .N. : 26620-0051 Part of Lot 79 Plan 40M-1676 P. I .N. : 26620-0050 Schedule 14 ' - Fifthly continued Part of Lot 80 Plan 40M-1676 P. I .N. : 26620-0049 - - Part of Lot 80 Plan 40M-1676 P. I .N. : 26620-0048 Part of Lot 81 Plan 40M-1676 P. I .N. : 26620-0047 Part of Lot 81 Plan 40M-1676 P. I .N. : 26620-0046, Part of Lot 82 Plan 40M-1676 P. I .N. : 26620-0045 Part of Lot 82 Plan 40M-1676 P. I .N. : 26620-0044 Part of Lot 83 Plan 40M-1676 P. I .N. 26620-0043-- Part of Lot 83 Plan 40M-1676 P. I .N. : 26620-0042 Part of Lot 84 Plan 40M-1676 P. I .N. : 26620-0041% Part of Lot 84 Plan 40M-1676 P. I .N. : 26620-0040 Part of Lot 85 Plan 40M-1676 P. I .N. : 26620-0039 Part of Lot 85 Plan 40M-1676 P. I .N. : 26620-0038- Part of Lot 86 Plan 40M-1676 P. I .N. : 26620-0037- Part of Lot 86 Plan 40M-1676 P. I .N. : 26620-0036- Lot 87 Plan 40M-1676 P. I .N, : 26620-0033" Lot 88 Plan 40M-1676 P. I .N. : 26620-0032 Lot 89 Plan 40M-1676 P.I .N. : 26620-0031 Lot 90 Plan 40M-1676 P. I .N. : 26620-0030 Lot 91 Plan 40M-1676 P. I .N. : 26620-0029- Lot 92 Plan 40M-1676 P. I .N. : 26620-0028- Lot 93 Plan 40M-1676 P. I .N. : 26620-0027 Lot 94 Plan 40M-1676 P. I .N. : 26620-0026" Lot 95 Plan 40M-1676 P. I .N. : 26620-0025 Lot 96 Plan 40M-1676 P. I .N. : 26620-0024 ' Lot 97 Plan 40M-1676 P. I .N. : 26620-0023- Lot 98 Plan 40M-1676 P. I .N. : 26620-0022--' Block 99 Plan 40M-1676 P. I .N. : 26620-0230-"'- Block 100 Plan 40M-1676 P. I .N. : 26620-0225 Municipality of Clarington, Regional Municipality of Durham. K pt927- i-o r I p6f/iv or'4-l6 ' P /•/U. 266/9- 01/23 SIXTHLY: PRK.T Lot 1 Plan 40M-1688 P. I .N. : 26619-0&28- Lot 2 Plan 40M-1688 P. I .N, : 26619-0127 Lot 3 Plan 40M-1688 P. I .N. : 26619-0126' Lot 4 Plan 40M-1688 P. I .N. : 26619-0125 Lot 5 Plan 40M-1688 P. I .N. : 26619-0124 Lot 6 Plan 40M-1688 P. I .N. : 26619-0123 " Lot 7 Plan 40M-1688 P. I .N. : 26619-0122" Lot 8 Plan 40M-1688 P. I .N. : 26619-0121 Lot 9 Plan 40M-1688 P.I .N. : 26619-0197- Lot 10 Plan 40M-1688 P. I .N. : 26619-0198- Lot 11 Plan 40M-1688 P. I .N. : 26619-0199' Lot 12 Plan 40M-1688 P. I .N. : 26619-0200' Lot 13 Plan 40M-1688 P. I .N. : 26619-0201' Lot 14 Plan 40M-1688 »,. P. I .N. : 26619-0202 Lot 15 Plan 40M-1688 P. I .N. : 26619-0203 " Lot 16 Plan 40M-1688 P. I .N. : 26619-0204-' Lot 17 Plan 40M-1688 P. I .N. : 26619-02051" Schedule 141 - Sixthly continued Lot 18 Plan 40M-1688 P. I .N. : 26619-0206 ' Lot 19 Plan 40M-1688 P. I .N. : 26619-0207 Lot 20 Plan 40M-1688 P. I .N. : 26619-0208 ' Lot 21 Plan 40M-1688 P. I .N. : 26619-0209' Part of Lot 22 Plan 40M-1688 P. I .N. : 26619-0210' Part of Lot 22 Plan 40M-1688 P. I .N. : 26619-0211' Part of Lot 23 Plan 40M-1688 P. I .N. :, 26619-0212 Part of Lot 23 Plan 40M-1688 P. I .N. : 26619-0213' Part of Lot 24 Plan 40M-1688 P. I .N. : 26619-0214' Part of Lot 24 Plan 40M-1688 P. I .N. : 26619-0215, Lot 25 Plan 40M-1688 P. I .N. : 26619-0217 Lot 26 Plan 40M-1688 P. I .N. : 26619-0218- Lot 27 Plan 40M-1688 P. I .N. : 26619-0219 Lot 28 Plan 40M-1688 P. I .N. : 26619-0220 ' Lot 29 Plan 40M-1688 P. I .N. : 26619-0221' Lot. 30 Plan 40M-1688 P. I .N. : 26619-0222 Lot 31 Plan 40M-1688 P. I .N. : 26619-0223' Lot 32 Plan 40M-1688 P. I .N. : 26619-0224, Lot 33 Plan 40M-1688 P. I .N. : 26619-0225' Lot 34 Plan 40M-1688 P. I .N. : 26619-0226' Lot 35 Plan 40M-1688 P. I .N. : 26619-0227' Lot 36 Plan 40M-1688 P. I .N. : 26619-0228' Lot 37 Plan 40M-1688 P. I .N. : 26619-0229' Lot 38 Plan 40M-1688 P. I .N. : 26619-0230 Lot 39 Plan 40M-1688 P. I .N. : 26619-0231' Lot 40 Plan 40M-1688 P. I .N. : 26619-0232' Lot 41 Plan 40M-1688 P. I .N. : 26619-0233' Lot 42 Plan 40M-1688 P. I .N. : 26619-0234' Lot 43 Plan 40M-1688 P. I .N. : 26619-0235' Lot 44 Plan 40M-1688 P. I .N. : 26619-0236' Part of Lot 45 Plan 40M-1688 P. I .N. : 26620-0143"'K Part of Lot 45 Plan 40M-1688 P. I .N. : 26620-0142 , Part of Lot 46 Plan 40M-1688 P. I .N. : 26620-0141 ' Part of Lot 46 Plan 40M-1688 P. I .N. : 26620-0140-1 Part of Lot 47 Plan 40M-1688 P. I .N. : 26620-0139 - Part of Lot 47 Plan 40M-1688 P. I .N. : 26620-0138 ' Part of Lot 48 Plan 40M-1688 P. I .N. : 26620-0137 Part of Lot 48 Plan 40M-1688 P. I .N. : 26620-0136 Part of Lot 49 Plan 40M-1688 P. I .N. : 26620-0135 Part of Lot 49 Plan 40M-1688 P. I .N. : 26620-0134- Part of Lot 50 Plan 40M-1688 P. I .N. : 26620-0161 ," Part of Lot 50 Plan 40M-1688 P. I .N. : 26620-0160 Part of Lot 51 Plan 40M-1688 P. I .N. : 26620-0159' Part of Lot 51 Plan 40M-1688 P. I .N. : 26620-0158 ' Part of Lot 52 Plan 40M-1688 P. I .N. : 26620-0157 Part of Lot 52 Plan 40M-1688 P. I .N. : 26620-0156 Part of Lot 53 Plan 40M-1688 P. I .N. : 26620-0165 Part of Lot 53 Plan 40M-1688 P. I .N. : 26620-0164,0' Part of Lot 54 Plan 40M-1688 P. I .N. : 26620-0163 *' Part of Lot 54 Plan 40M-1688 P. I .N. : 26620-0162 Part of Lot 55 Plan 40M-1688 P. I .N. : 26620-0132 Schedule 14 ' - Sixthly continued Part of Lot 55 Plan 40M-1688 P. I .N. : 26620-0131'' Part of Lot 56 Plan 40M-1688 P. I .N. : 26620-0130 Part of Lot 56 Plan 40M-1688 P. I .N. : 26620-0129-- Part of Lot 57 Plan 40M-1688 P. I .N. : 26620-0128' Part of Lot 57 Plan 40M-1688 P. I .N. : 26620-0127 - Part of Lot 58 Plan 40M-1688 P. I .N. : 26620-0126 Part of Lot 58 Plan 40M-1688 P. I .N.i 26620-0125- Part of Lot 59 Plan 40M-1688 P. I .N. : 26620-0124- Part of Lot 59 Plan 40M-1688 P.I .N. : 26620-0123- Part of Lot 60 Plan 40M-1688 P. I .N. : 26620-0122- Part of Lot 60 Plan 40M-1688 P. I .N. : 26620-0121- Part of Lot 61 Plan 40M-1688 P. I .N. : 26620-0120- Part of Lot 61 Plan 40M-1688 P.I .N. : 26620-0119 ' Part of Lot 62 Plan 40M-1688 P. I .N. : 26620-0118 - Part of Lot 62 Plan 40M-1688 P. I .N. : 26620-0117 Lot 63 Plan 40M-1688 P. I .N. : 26620-0116- Lot 64 Plan 40M-1688 P. I .N. : 26620-0115- Lot 65 Plan 40M-1688 P.I .N. : 26620-0114-, Lot 66 Plan 40M-1688 P. I .N. : 26620-0113- Lot 67 Plan 40M-1688 P. I .N. : 26620-0112, Lot 68 Plan 40M-1688 P. I .N. : 26620-0111- Lot 69 Plan 40M-1688 P. I .N. : 26620-01101, Lot 70 Plan 40M-1688 P. I .N. : 26620-0109 Lot 71 Plan 40M-1688 P. I .N. : 26620-0108 Lot 72 Plan 40M-1688 P. I .N. : 26620-0107, Lot 73 Plan 40M-1688 P. I .N. : 26620-0106- Lot 74 Plan 40M-1688 P. I .N. : 26620-0105 Lot 75 Plan 40M-1688 P. I .N. : 26620-0104 Lot 76 Plan 40M-1688 P. I .N. : 26620-0103 - Lot 77 Plan 40M-1688 P. I .N. : 26620-0102"' Lot 78 Plan 40M-1688 P. I .N. : 26620-0059 -- Lot 79 Plan 40M-1688 P. I .N. : 26620-0060' Lot 80 Plan 40M-1688 P. I .N. : 26620-0061' Lot 81 Plan 40M-1688 P. I .N. : 26620-0062 ' Lot 82 Plan 40M-1688 P. I .N. : 26620-0063% Lot 83 Plan 40M-1688 P. I .N. : 26620-0064' Lot 84 Plan 40M-1688 P. I .N. : 26620-0065' Lot 85 Plan 40M-1688 P. I .N. : 26620-0066- Lot 86 Plan 40M-1688 P. I .N. : 26620-0067 Lot 87 Plan 40M-1688 P. I .N. : 26620-0068 Lot 88 Plan 40M-1688 P. I .N. : 26620-0069' Lot 89 Plan 40M-1688 P. I .N. : 26620-0070 -' Lot 90 Plan 40M-1688 P. I.N. : 26620-0071 Lot 91 Plan 40M-1688 P. I .N. : 26620-0072' Lot 92 Plan 40M-1688 P. I .N. : 26620-00731 Lot 93 Plan 40M-1688 P. I .N. : 26620-0006 " Lot 94 Plan 40M-1688 P. I .N. : 26620-0007- Lot 95 Plan 40M-1688 P. I .N. : 26620-0008- Lot 96 Plan 40M-1688 P. I .N. : 26620-0009' Lot 97 Plan 40M-1688 P. I .N. : 26620-0010' Lot 98 Plan 40M-1688 P. I .N. : 26620-0011, Schedule 14 ' - Sixthly continued Lot 99 Plan 40M-1688 P.I .N. : 26620-0012 Lot 100 Plan 40M-1688 P. I .N. : 26620-0013 Lot 101 Plan 40M-1688 P.I .N. : 26620-0014- Lot 102 Plan 40M-1688 P. I .N. : 26620-0015, Municipality of Clarington, Regional Municipality of Durham. b K i s WILLOWBROOK GARDENS & MEARNS 1 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 - ASHDALE CAPITAL CORPORATION LTD. by its Receiver and Manager BDO DUNWOODY LIMITED and 621182 ONTARIO LTD. - and - ROYAL BANK OF CANADA TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND SCHEDULES . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 2 - ACKNOWLEDGEMENTS: BASIS OF THE AGREEMENT . . . . 9 2.5 Postponement of Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 3 - ESTIMATED COST, ETC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 4 - COST OF ADMINISTERING THIS AGREEMENT . . . . . . . . 11 ARTICLE 5 - SECURITY FOR OWNER'S OBLIGATIONS AND COVENANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 6 - INSTALLATION OF SERVICES BY THE OWNER . . . . . . . 12 6.1 Owner Installs . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 CompletionDates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6.3 Return of Financial Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6.4 Owner's Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 7 - RECOVERY OF FRONT-END PAYMENTS (RECOVERABLE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 8 - OBJECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 9 - INDEMNITY AND REIMBURSEMENT . . . . . . . . . . . . . . . . . 18 ARTICLE 10 - INTEREST ON ARREARS . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 11 - TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 12 - REGISTRATION OF AGREEMENT . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 13 - FURTHER ASSURANCES 20 ARTICLE 14 - SUCCESSORS AND ASSIGNS . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 15 - ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 16 - NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ! AA"/ 11 ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT . . . . . . . . . . . . . . . 21 ARTICLE 18 - COMPLETION OF SCHEDULE "K" . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE 19 - INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . 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-G' - "List of Services in the Agreement for which a Development Charge,is Payable" Schedule "E-T' - "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 7' - 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 "L" - "Estimated Front-End payment(Recoverable)for Each Service (Recoverable), Owner's Share and Benefiting Owners' Shares" r If.17 s Front-Ending Agreement Page 2 FRONT-ENDING AGREEMENT THIS AGREEMENT made in quintuplicate as of this 26th day of May, 1997. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and ASHDALE CAPITAL CORPORATION LTD. by its Receiver and Manager BDO DUNWOODY LIMITED - and - 621182 ONTARIO LTD. (hereinafter called the "Owner") OF THE SECOND PART - and - ROYAL BANK OF CANADA (hereinafter called the "Mortgagee") OF THE THIRD PART WHEREAS: A. Ashdale Capital Corporation Ltd. was the registered and beneficial owner of one portion and 621182 Ontario Ltd. was the registered and beneficial owner of a second portion of the Lands identified in Schedule "A". The Lands are within the Benefiting Area shown on the plan contained in Schedule "B" attached hereto and are subject to the Mortgage described below. Currently,Ashdale Capital Corporation Ltd.is the registered and beneficial owner of the of the lands identified as such in Schedule "C". 621182 Ontario Ltd. is the registered and beneficial owner of the lands identified as such in Schedule "C". The land identified in Schedule "C" are collectively referred to in this Agreement as the "Retained Lands". Ashdale Capital Corporation Ltd's portion of the Retained Lands is Front-Ending Agreement Page 3 subject to the rights of the Mortgagee under a mortgage from Ashdale Capital Corporation Ltd. to the Mortgagee dated and registered in the Land Registry Office as Instrument No. . 621182 Ontario Ltd.'s portion of the Retained Lands is subject to the rights of the Mortgagee under a mortgage from 621182 Ontario Ltd. to the Mortgagee dated and registered in the Land Registry Office as Instrument No. . (The aforesaid mortgages are referred to collectively in this Agreement as 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; 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. 97-88 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: Front-Ending Agreement Page 4 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 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 Developer" has the meaning attributed to it in Section 7.13(c) of this Agreement. (h) "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. (i) "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. 1s- Front-Ending Agreement Page 5 (j) "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. (k) "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. (1) "Contribution" has the meaning attributed to it in Section 7.13(c) of this Agreement. (m) "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. (n) "Development Charge" has the meaning attributed to it in the Act. (o) "Director" means the Director of Public Works for the Municipality or such other person as the Director may designate from time to time. (p) "Director of Public Works" means the Municipality's Director of Public Works or his designate. (q) "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. (r) "Estimated Installation Cost"means,in regard to the Services the estimated cost of installation of the Services. (s) "Estimated Net Capital Cost" means, in regard to the Services, the estimated Net Capital Cost of the Services. (t) "Final Cost-Owner Services" means, for Services installed by the Owner, the Reasonable Cost of the Owner Services. (u) "Financial Security" means the Letter(s) of Credit deposited, with the Municipality respecting the Services to be installed by the Owner. Front-Ending Agreement Page 6 (v) "Front-End Payment" has the meaning attributed to it in the Act. (w) "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. (x) "Front-End Payment(Recoverable)"means,for the Services(Recoverable), the Front-End Payment-Installation of Services which is in respect of the Services (Recoverable). (y) "Holdbacks" has the meaning attributed to it in Section 7.12(e) of this Agreement. (z) "Immediate Payment Money"has the meaning attributed to it in Section 7.7 of this Agreement. (aa) "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. (bb) "Lands" means the lands in the Municipality more particularly described in Schedule "A". (cc) "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. (dd) "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. (ee) "Mortgage" has the meaning attributed to it in Recital A of this Agreement. (ff) "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. (a) "Municipality" means The Corporation of the Municipality of Clarington. Front-Ending Agreement Page 7 (hh) "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. (ii) "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. (j ) "Owner" means an owner who is a party to this Agreement of the Lands located within a Benefiting Area . (kk) "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. (11) "Party" means a party to this Agreement. (mm) "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. (nn) "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. (oo) "Retained Lands" has the meaning attributed to it in Recital "A" of this Agreement. (pp) "Revised Estimate" has the meaning attributed to it in Section 5(3) of this Agreement. (qq) "Security" has the meaning attributed to it in the Subdivision Agreement. (rr) "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. (ss) "Services (Recoverable)" means the Services listed in Schedule "E-1" for which a development charge is payable under the By-law and for which ' Is' Front-Ending Agreement Page 8 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. (tt) "Solicitor" means the Solicitor for the Municipality. (uu) "Specifications" means the design guidelines, standards and specifications established by the Director for the installation of Services. (w) "Subdivision Agreement" means collectively the Subdivision Agreement made between Ashdale Capital Corporation Ltd. as owner and The Corporation of the Municipality of Clarington and Royal Bank of Canada, N.S. Management Inc., 815358 Ontario Limited and Security Trust Company on October 24, 1991 and registered in the Land Registry Office as Instrument No. LT 568837, and the Subdivision Agreement made between 621182 Ontario Ltd. and The Corporation of the Town of Newcastle and Royal Bank of Canada and National Trust Company on November 14, 1991 and registered in the Land Registry Office as Instrument No. LT 572713. (ww) "Term" has the meaning attributed to it in Section 11 of this Agreement. (xx) '17reasurer" means the Treasurer of the Municipality. (yy) "Trust Account" has the meaning attributed to it in Section 7.8(a) of this Agreement. (zz) "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. (aaa) "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. Front-Ending Agreement Page 9 (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 text of this Agreement: Schedule "A" - "Legal Description of the Lands" Schedule "B" - "Plan 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 and Total 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-T' - "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 'Y - 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 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" 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 Front-Ending Agreement Page 10 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-7". 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. 23 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. 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 y Front-Ending Agreement Page 11 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. 43 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 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. 5.3 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 Front-Ending Agreement Page 12 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 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. Completion Dates Not Used. Front-Ending Agreement Page 13 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 621182 Ontario Ltd. 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 621182 Ontario Ltd. 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 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 Front-Ending Agreement Page 14 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- End Payment, and will set the same out in Schedule X'. 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 "L", 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 "L" and is subject to adjustment in accordance with the provisions of this Agreement. Front-Ending Agreement Page 15 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 BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd or to its direction (the "Immediate Payment Money") in a special account and shall, immediately upon receipt of the money, by registered mail (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) Front-Ending Agreement Page 16 shown on Schedule W' hereto that in fact have been received by the Municipality to BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd.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 BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd., the Treasurer shall give BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd. 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 BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd., the Municipality shall pay to the person named in the direction the money received by the Municipality. 7.8 If within ninety (90) days of mailing the notice, the Municipality has not received a direction from BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd. 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 BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd. by registered mail sent to the Owner's last known address, that (a) the money has been paid into Court; and (b) BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd. must apply to the Court for the release of the money. Front-Ending Agreement Page 17 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. 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. ' 2 Front-Ending Agreement Page 18 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. 97-88, 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 (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 a e Front-Ending Agreement Page 19 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, Iegal 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 - I1yTEREST 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. 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. 3� Front-Ending Agreement Page 20 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. 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. Front-Ending Agreement Page 21 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: Ashdale Capital Corporation Ltd. By its Receiver and Manager BDO Dunwoody Limited P.O. Box 33, Royal Bank Plaza Toronto, Ontario M5J 2J9 AND TO: 621182 ONTARIO LTD. 30 Wertheim Court, #9 Richmond Hill, Ontario L4B 1B9 AND TO: Royal Bank of Canada Corporate Banking - Real Estate 20 King Street West 9th Floor Toronto, Ontario M5H 1C4 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. ' 3z Front-Ending Agreement Page 22 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. 193 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. 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. 4 33 Front-Ending Agreement Page 23 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. 19.12 BDO Dunwoody Limited has executed this Agreement as Receiver and Manager of Ashdale Capital Corporation Ltd. and without personal liability in connection with the terms and conditions of this Agreement. 19.13 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 THE DELIVERED ) MUNICIPALITY OF C ARIt.NGTON In the Presence of: ) by: Title: Mayor } Name: Dian a ;te bY� Title: Cle Na e• tti B rrie ASHDALE CAPITAL CORPORATION LTD. by its Receiver and Manager BDO DUNWOODY LIMITED I ) by. Title: . (� ) Name: J >► , have au��i o r 4, ) -fie Gor�or s'�'�ati by: Title: Name: 6211820 ) v by: Title: �a��oY�z�c� tc +Tcc� 0cxci2 Name: S'heNi A l f iud Mpo S 5D%+Tz i by: Title: Name: Front-Ending Agreement Page 24 ) ) "Ke have the Authority to ) ROYAL A bind the Bank. ) ' The name of The Royal ) by: Bank of Canada was ) T' e: S q n changed to Royal Bank of ) me: I c 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. ) 351" SCHEDULE "A' LEGAL DESCRIPTION OF LANDS Ashdale Capital Corporation Ltd:s Portion 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 all of Lots 55, 56, 57, 58, 59 and 60 and part of reserve lot, Block D, all of Lots 1, 3, 5, 6, 7, 8, 9, 10, 91, 92, 93 and 94 and parts of Lots 4, 11, 12 and 95, Block E and part of Porter Street and part of Winnstanley Street all according to the Porter and Bradshaw Plan being Part of Lot 9, Concession 2, Town of Newcastle (formerly Town of Bowmanville), Regional Municipality of Durham now shown as Parts 1, 2, 4, 5 and 6 on plan of survey deposited of record in the Land Registry Office for the Land Titles Division of Newcastle (No. 10 (the "Land Registry Office") as Plan 1OR-3976. 621182 Ontario Ltd:s Portion of Lands All of Lots 13, 14, 15, 16, 17, 19 and 21, Part of Lots 11, 12, 18, 20 and 22, Block E, part of Porter Street, all of Lots 62, 64, 66, 68, 70 to 90 inclusive, Block C, part of Winnstanley Street, Porter and Bradshaw Plan being part of Lot 9, Concession 2 and Part of Lot 9, Concession 2 Geographic Township of Darlington, Town of Newcastle, Regional Municipality of Durham, Town of Newcastle, Regional Municipality of Durham designated as Parts 1, 2, 3 and 4 on Plan 1OR-4019 deposited in the Land_Registry Office. SCHEDULE "B" PLAN OF BENEFITING AREA rr rr rr ,, rr i r7 �r . � l N ri / `` w le f 1 r-- < i o P ( � — �. � LJu �J _ it 2QZ to - - s—r.— - ------ ; ►a,4 1 r--------------- tt Hr ffwW.VNWJGnIV ftft.ft LEGM( efa�G AREAS Ft MUZ103-mm %. Vva:R Q GAMMS and MEARNS Z hMMSixr CF oar MOCr gxwcfs oWOrS AREA STCRU 1RUW SEVA R UN3mMH16 s oumm na�C t ASCAA CAMAL CC/�'DM=UIL BY nS SENEFrrT11C AREAS �i� R�AM MMAM WC air Lm Qa S ASCLME GRTAL CAA=LIM 6r MS W—A. WORKS V� L ezn sz arurao-M NZ sa j rR t n,. ••°�•• 88242 VCMI i ass Y1F—A ao c"=43M ormRm w SCHEDULE "B" PLAN OF BENEFITING AREA ,f IJ I� II I/ J, / u N JJ / � W f./ / ! o J � ,r VC COWMAMM CF 4W MLMKOqff CF pvbk gum LEGEND BENfffiTNG AREAS FOR WRLOVAMOOK L MARCHEM GARDENS and WEARNS I I WNISM OF Cd%173&M r S9tWCM O� AREA S MW 7RLW SEMIER MUM MH is m W 4 3 D;KiflAY f1O4-PI�iT Mptt9iG t U ASRMVX CAPFUL COR+dtA3KN L30.BY RS BENEF ING AREAS C b RECEPWO CVO KMAG t WO Ol!al=y LIM S AZIDAE C*JgDL CO PQNAMM LTD.BY O'S �� W—B 1C � Q sm►m�sr� iiE7flMM AND 1WUAM SDp OINfCOi7Y L30. �R i 62M CWrA 0 LM mm a WOM DAB n06r a, 8824E C _ a IF t3 K t [1L W-8 SCHEDULE "B" PLAN OF BENEFITING AREA LN it t /N u / � J / � J / G // < / lr O --I r----------- -------------- y 9w w mumornffr cr PIAW.aft �TfnW ARFAS FOR llllB. OMNiOM t �r waErc LEGEND aM W-.QM t L lessor r CF COW"%cor SMR%I= a MOM AREA �10 HF�ID1/VO 3 DlXBiAN NO�F-�aOFiT HOlC9rG (�� ti x%mom Q%rm .Ctt6'ORA7101 170.eY ff'S � '�5 IM R=%*R MV 1[W=600"M=r M I�r S A-gC&f CMIrM COf�QtJ MM L7M EY tf S �^ �-C 11R�ilCS c RE %IM MV"OG3=600 OMW=La was u�v ra�� L t�Str2 OiiXilO L7A oa[: rows nau��r: aw Fame=tt3242 0�tf a ri wi aut■ rss � ^ st mv loom Fri SCHEDULE "B" PLAN OF BENEFITING AREA rt V rl „ A f N� 11 / u Q- � o \�,11 N ho m I ' ool \l 4 o _ J "& s2s 202 ha —� i----------�v'N— s s t 0 E ----�---------- r 1 -1 (_" + ' ° sr0fb.1 TRUNK sEV4" ►+M SSlPd1AM Q''W 1 LX @MPM TY ff' a�Wain LAW L.EGEN Q aENEFffTM AREAS FUR VMJ-OWBROM 1. KARCH7a GARDM till DARNS 1 i wsaett or CO%ERNMW STORM TRd SEY61 KEA WALL M UMB s Dcasltw Now•-�+aoFiT F+a�c 4. ASMMME CAPrrAL CCMmCftl=LIDS BY n'S SEIVEFrrnM AiM#.5 G6bLSCMBS ROMMt AM MAXACM WO"WOODY LM. gomocwwLaL. S AS1t"CAPrrU-GQPQtA'DM L=BY IT'S 11�D 110814 m X:a r FMG%Ot AND MAN QM DD4 CUNWODD Lm ��apmapo to m i sao�s R 6211E2 QiUWO LID. uz a ra.'v oral sr a nw nnsr r. WZ42 e0e+ee,f,r: +ua z rss R.mew sat r+e a: u` W-•-D SCHEDULE "C" LEGAL DESCRIP'i'iON OF RETAINED LANDS Ashdale Capital Corporation_Ltd. Parcels 99-1 and 100-1, Section 40M-1676 being Blocks 99 and 100, Plan 40M-1676, Municipality of Clarington, Regional Municipally of Durham. 621182 Ontario Ltd. Parcels 1-1, 3-1, 4-1, 5-1, 6-1, 7-1, 8-1, 13-1, 24-4, 25-1, 32-1, 38-1, 98-1, 99-1, 100-1, 101-1 and 103-1, Section 40M-1688 being Lots 1, 3, 4, 5, 6, 7, 8, 13, 25, 32, 38, 98, 99, 100, 101 and 103 and Part of Lot 24 designated as Part 2 on Plan 40R-14568, Plan 40M-1688, Municipality of Clarington, Regional Municipally of Durham. } 1 S ULE 66E-1" LLST OF SERVICES TO BE OMLLED BY OWNER The Servim which,the Owns will install under this Agreement and the Subdivision Agreement comprise: (1)W-A Works:storm sewer fiiam and including the ditch inlet catch basin MH north of Ireland Street to MS 16 on Meares Avenue appro)&nately 350 metres north of Concession Street East; (2)W-B Woda: storm sewer from and including MH 16 on Meares Avenue approximately 350 metres north of Concession Street East to MH 4 on Concession Sweet East approximately 180 metres west of Meares Avenue; (3) W-C Works: storm sewer from and including MH 4 on Coffin Street East to and including the outlet headwall to the stormwater management pond Saab of Conasion Stunt East;and(4)W-D Works:storm sewer from the headwall east of Mews Avenue approa.mately 350 mires north of Concession Street East within Subdivision 1ST-89086 to MH 16 on Meams Avenue appro:dnwuly 350 metres north of Concession Street East. The Services are hereby deemed to be of benefit to the relevant Benefitting Area. The works are more.parti uW*described in the Engineering Drawings for these Works prepared by G M Sernas & Associates Limited(deg. nos. 88242 P-101,P-102 and P-106) dated March, 1991 and in the Ea&ecring Dt vhap prepared by Marshall Maddin Monaghan Ltd. (dwg, nos. 10-88635 9, 10 and 11) dated September, 1991, both as finally approved by and on Me with the Director of Public Works. SCHEDULE T-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 "E-4" CAPITAL GRANTS, SUBSIDIES OR OTHER CONTRIBUTIONS ANTICIPATED FROM OTHER GOVERNMENT AGENCIES None SCHEDULE"EZ' TOTAL AND ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES TOTAL AND ESTIMATED ITEM NET CAPITAL COST OF SERVICES 1.STORM SEWER OVFRSOM M&A WORKS) 548516 2 EN 54952 3 LEGAL.COSTS: $2667 4.MUNCPAL 04SPECTION FEES 515?5 S.AOMPASTRATION FEES 53,000 TOTAL 581,4w TOTAL AND EST04AIM ITE N NETCAPITALCOST OF secvicEs 1 STOW SEYYER OVERSONG 0"WORKS) 5203516 2 .04dw 311.141 -swvaft 1Wa4 320S 56.614 3.LEGALC�'7S 52.567 4.MUNIOPAL MPWr4N FEES $6404 S.AOMPOSIMTION FEES 33.000 TOTAL S231,377 TOTALAND ESTMPATED RBI NETCAPITALCOST OF S9lIAC>Q 1.STORM SEIMM OVERSMIG $108 2 4kwjwft l 4 Sim slat 3 I EGAE.COSM 325E7 4.SAL-PAPG=M FEES SUM 5.AOM94FMTION FEET 53A00 S.STOW SEWER.EASEIL T $8223f TOTAL 3208.067 TOTAL AND ESTIMATED ITEM NETCAPTTAL COST OF SE RVICES 1.STORM SEWER CARSONG(W-0 WORKS) 3=4 2 E NGDA99 4W. 3237 3.LF_GAL COSTS: WA -L MUN XPALNSPBCT10N FEES Sol S.AOMP TION FEES NA, TOTAL 52582 SCHEDULE "E-6" LIST OF SERVICES IN THE AGREEMENT FOR WHICH A DEVELOPMENT CHARGE IS PAYABLE The Savices which the Owner wM instaR wader this Agreement and the Subdivision Agreement comps(1)W A Worim storm sewer from and including the ditch inlet catchbasin MR north of Ireland Street to MS 16 on Means Ave=appio7dumidy 350 metrGS north of Concession Street East; (2)W-B Worm storm sewer from and mdudmg MR 16 on Meares Avenue approxnnately 350 metes north of Concession Street East to MH 4 on Concession Street FAst approximately 180 metres wit of N6=ms Avenue; (3) W-C World: stotm sewer from and hiclnding MR 4 an Concession Street East to and inclu Ang the oudet headwall to the stormwater managemect pond South oaf Concession Sb ist Fast;and(4)W-D Works stoam sews from the h w arrll east of Mwns Avenue .. � dnUftly 350 metro north of Concession Street Fast within Subdivision IST-89086 toMHj6onMw=Avenueappt ' 350 metres north of Concession Strea Ease The Services are hereby deemed to be of benefit to the relevant Bing Area. The works are MM.Pufcdy desat)ed in the Eng wamg Drawings for these works prepared by G Ni Sernas &Agoaaten Limited(dw& nos. 88242 P-101,P-102 and P-106) dated March, 1991 and in the EOgMeMgDrxWmppteparedbyb42r halt Nladdia Monaghan Ltd. (darg.nos. 10-8863 5 9, io and 11) dated Sqgenber, 1991, both as filially approved by and on file with the Director of PubTrc WodcL SCHEDULE "E-T' LIST OF SERVICES IN THE AGREEMENT WHICH ARE REFERRED TO IN SUBSECTION 3(7) OF THE ACT None t w SCHEDULE 7R4 MANNER OF CALCULATION OF PORTION OF FRONT-END-PAYMENT TO BE MADE BY EACH BENEFr NG OWNER RESPECTING SERVICES SUWMRY OF AREAS CONif TROLM 6 TO THE NSTALLATION OF SERVKM AWORKS AREA MHOWN ON PLANS N SCHEOLAS"En HECWum 1. 11.99 TOTAL.GROUND AREA a 1139 TOTAL ES7WTW NET CAPITAL.COST OF SERVICES- $61.460 COST OF SERVICES PER FECTARF ol 35.126 The estimated Net Capital Cost afthe Owner Services shown on Schedue"ES'is$61,640.The total ground area of the Areas shown on the plars contained in SchedWe"B"which contribute to the cost of fie Owner Services is 11.99 hectares.The reloa t BeneflftV Area shaven an the plans contained in Schedule"B' mcuuftng the Ownees Lands,is 11.99 hectares.The portion of the Front-end payment(Recoverable)allocated to each Area wllh'n the relevant Benefi ft Area is the product achieved by multiplying the ground area of each such Area in hectares by the amount of S5, 128. SUNKSW OF AREAS ComTriBuTIM;To THE DWAL LATLON 019 SERVIC0 WORKS) )WM4OVVN ON PLANS N SCHEDULE HECTARES 1. 11.91 2 72]6 TOTAL GROUND AREA= 3&V TOTAL LSTWTED NET CAPLTAL COG;OF SERVICES a $== COS?OF S@tVLCES PIER HECTARE a 38.= The esl 6e I Net Capital Cast of Owner Services shown an Schedule"E-V is 5231,377.The total ground area crew Areas shown on the plane contained in Sdhedu/e Ir which conftute to the cost of the Owner Services is 34.37 hectares The relevant Benefilting Area shown on the plane conned in Schedude"B" enreudng the OWYMeS LWX*is 34.37' The portion of the Frcr*aW payment(Recoverable)alocated to each Area will*the relam t Senebt8ng Ares a the product sehieved by multiplying the ground area of e:afi such Area n hectares by the amount of$6,797- SIMRARY OF AREAS CONNIMTOWTOTMI10TALEATMOFSERYCM AREA ON PLJMIB N SCMDULE-W) HECTARES 1. 1196 2 722E 3. 202 TOTAL GROUND ARER■ 96-V TOTAL ES KV=NET CAP MAL COST OF SEXIACES= 3208.067 C=OF SEMACES PER HECTARE= $6.718 The estin>nd Net;Capbl Cast of the Owner Services shaman Schedule"EoS'is 5208,067.The total grand arras of1M Areas shown on the piano contained in Schedule"B"which co*but&to the cost of the Owner Senn=is 36.39 hectares.The nelsvam Bene6tlbg Area shown on the plats contained in SchedWe"B" ackxfrrgthe OmWs Lands,a W.301 i P I , Theportion ofthe Frcr*wW payment(Recoverable)allocated to each Area within the relevant Bwmdf5ng Area is the product adw4ed by multiplyng the ground area of each such Area in hectares by the amount of$5,718. StMWARY OF AREAS COaf TR OU'1I111ri TO n E!lWALJATION OF SERVICES AREA ON KAM N SCHeDULE FiECT 2 27-98 TOTAL GROUND AREA= 22 TOTAL asTmTw NET CAPrrAL COST OF SERVICES= 32562 COST OF S>RWES PER HECTARE a $114 The estimated Net Capital Cost of the Owner Services shown on Schedule"E-5"is S2,56Z The total ground area of theAreas shown on the plans contained in Schedule"8"which contribute to the east of the Owner Services is 2238 hectares.The relevant Bene rang Area shown on the plans cunt idned in SehedWe"B" exdudng the Owners Lam,is 2238 hectares.The portion of the Front-end Payment(Recoverable)aOccated to each Arcs within the relevwd Senefrtting Areas the product achieved by multipying the ground area of each such Ares in hectares by the amount of$114. ES ` 4 t SCHEDULE "K" CALCULATION OF THE FRONT-END OF THE FRONT-END PAYMENT(RECOVERABLE) FOR THE SERVICESFOR THE SERVICES (RECOVERABLE). OWNER'S SHARE SHARE AND BENEFITING OWNERS' SHARES WA WORKS W0 WORKS WO WORKS WD WORKS TOTAL FRONT-END Co/Tf f • 61241 CD f TAW-- 14Z OoiTflElfTfJiB• 71/ ■ OWNER OR { � 14 PAYMENT ERWRwo FRONFeNO PRONTlID PRO1W-END (RECOVERABLE)PER DENEF17TING OWNER GrawITT/1D PlAYMlIA' OBIIGNITUND MUSK SGNGfITTns PAYMENT 11ENGPITIIND PAVUEIIT BENEFITTINO MNA AEI ARM (REOoveNWIG) ARPA (RI:BovanwE) MGA IREtOWE MM) OWNER { ha h0 O � rn 1 UA[tC11E3R 11 a N1.4" 11.96 {10,T10 Il.w t0�016 - - 4t1g161 m .t 2. MWI/IRYOFDOYERNNENT/GRYICG/ 22.36 0121,262 22.30 {2,061 4301,1" Z NN tt( 3. 0001UW I/oIFPRoP1111oU5010 4.3. AcHDALE CAPITAL ooRPofiAn 11 LTQ DY IT/RECEIVER AND> HAGER DDO DUIIWOODY 1.10. 621162 ONTA ID LTO• • O e ez 11D2 oNTARIo tTO. m TOTAL ILO/ 101,4" ]1.]1 {2)4311 3630 {z0U"T 2216 {2,00] 1 603.410 in IA r .7t Province Do Process Software Ltd. (416)322-6111 D of Document General Ontario Form 4—Land Registration Reform Act 7222 (1)Registry ❑X Land Titles ❑ (2) Pagel of Z pages (3)Property Block Property Identifier(s) Additional: See C.0 N Schedule ❑ O© Uj (4)Nature of Document 100 UJ -= MUNICIPAL BY-LAW AUTHORIZING FRONT-ENDING AGREEMENT ° Section 24 of the Development Charges Act 0.1i (Section E = CL (5)Consideration t3� q p ! Dollars$ t'01 (6)Description PCL. S-1, SEG. H-5067Gj Part of Town Lots 5,9, 10, 11 and 12 and all of Town Lots 6, 7 and 8, LL M: Va Plan H-50073 and Part of Lot $ 31-H a C. &.HAruNio�i.�'S U_ a-, � "i:i P/-Hit,AL L JY&i/U6• P7. •c a-r 5,' Municipality of Clarington C6,u. I' (FoP rrrnE,zLy 7owA Ix O Regional Municipality of Durham o P BOW rn 41U v/LL E-) o designated a PA,-7s �, a �tio 3 scpR-17SO3 -A New Property Identifiers � Additional: See ❑Schedule Executions (7) This (a)Redescription ; (b)Schedule for: Additional: Document New Easement Additional See Contains: Schedule El Plan/Sketch ❑ Description ❑ Parties ❑ Other ❑?C (8)This Document provides as follows: r See certified copy of By-law No. 97-88 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 :CHE--CQRPMATI.ON.OIF II MM MALITY•QE..... = ?= �^ 19Q9....... . CLARINGTON,by its solicitor Nicholas T. Macon ---•-•..................••-•---------•---•--•-----........------.................................................. ••---•----...----•-•-••-•-•--•---•••-•-••--•••-----••--......--•-•-•-•-••-------•---••---••----••;......-;--.._.. (11) Address for 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 -----•-------------------------------•---•--•°------•--••--•--...-----•----....................................--- ••..............._............................................................... ................................ ...-•---•-°°---•--•-•--....----..•-----------------••--•--..........---........-----••--.....--•••...-••...---••• --.......-•--.........................••--......---•-•.........••......-••-••........................_...---•--- .............................................•...-°-•---•-----•-•-•-•-•---------••----------....----••---••---••. (13) Address for Service (14)Municipal Address of Property (15)Document Prepared by: J Fees x Dennis C. Hefferon p Registration Fee Barrister & Solicitor 130 Adelaide.Street West _W Suite 2500 LL LL Toronto, Ontario X M5H 2M2 0 Total Document prepared using The Conveyancer THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-88 being a By-law to authorize the making of a front-ending agreement between the Municipality of Clarington and 621182 Ontario Limited and Ashdale Capital Corporation Ltd. by its Receiver and Manager BDO Dunwoody Limited 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 621182 Ontario Limited and Ashdale Capital Corporation Ltd. by its Receiver and Manager BDO Dunwoody Limited under Part II of the Development Charges Act R.S.O. 1990 c.D.9 respecting the services referred to in a report entitled Willowbrook Gardens & Mearns 1 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 n RIr T Wn Clerk s Province Document Genera I Do Process Software Ltd. • (416)322-6111 Of D Ontario Form 4—Land Registration Reform Act 7222 r- (1)Registry X❑ Land Titles ❑ (2) Page 1 of �� pages (3)Property Block Property Identifier(s) 0 � Additional: See ❑Schedule C_ °- CWD (4)Nature of Document Oo - FRONT-ENDING AGREEMENT m w (Section 24 of the Development Charmes Act) E<J ` (5)Consideration t� : E= El- C" ty rn H- Dollars$ <a W (6)? (6)Description PC L. Sr 5E C. H• 500-7 5] C, � Part of Town Lots 5,9, 10, 11 and 12 and all of Town Lots 6, 7 and 8, `i r_ Plan H-50075 and Part of Lot 8 BLX Z C•G. YAiuiwAj&'S PCJ9�t1� 09 U- 9'E,,x-)6- P7. 4079 ca rn Municipality of Clarington c 0 X). CFO rn e R L y 7o w,<) Regional Municipality of Durham v F 8Ocu m fiN[/IL Z_C-) designated as ;�ZO New Property Identifiers P19fL7 S 1,� P'Up 3, (ID f- 17403 Sditional: p Schedule ❑ b Executions (7) This (a)Redescription i (b)Schedule for: Additional: Document New Easement Additional See Ctai Schedule ❑ Contains: Plan/Sketch ❑ Description ❑ Parties ❑ OtherFXI (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. D440242. By-law Nos.96-165 and 97-85 referred to in Recital E in the attached agreement have been registered on the ize%�i day ofA MM ' as Instrument No. („T�{93925-: By-law No. 97-88 referred to in Recital H in the attached agreement was registered on the 30 day of'.H-a,u, X99 as Instrument No. J_T4j5 Continued on Schedule ❑ (8)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 H> . 4? 'S?1�t11 �?N.S? .�' .MUiCiPAI� �X.Q ...... �?............................................................ 4k - , -•-•.••••.�...o _ o L N T N,by its solicitor Nicholas T. Macos .....................•----------•------------------------------....---•----------•---.................-•----•-•-•-. .....-•---•......•-•----------••-----•----•-....--•-••-•-•--......---•---•---....� :... ------------•--------•-•..........................................................................•--•-•....----- ------•--•---••-••---------•------•--••-.......••----••-••---------••-•----..... ....-•------ (11) Address for 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 °°----°............................................°-----°-°-•------•-----°•°-°--••-••---••.........°--•• •--.....--°-•-.....•-•-••............•••-•-•-°............-°--.........•.....�.... ...............................................•---....------....---.....--°----------°----...•-••••.....-----•-- -••••.....----•••..........-•-----•--•-••-••-•--•-•............................... °: ••••••--•••••-••••-------•........................•••---•-•••--••--••-••--•••---•---....--•-------------•-•........ ..----°-.................•-------•---••------........---------......•--•--......•t-•--------............'t------- (13) Address for Service (14)Municipal Address of Property (15)Document Prepared by: } Fees and Tax J Nicholas T. Macos o Registration Fee W Barrister&Solicitor rn D 130 Adelaide Street West W Suite 2500 Toronto, Ontario X M5H 2M2 0 Total Document prepared using The Conveyancer i cr I/ WILLOWBROOK GARDENS & MEARNS 1 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 - ASHDALE CAPITAL CORPORATION LTD. by its Receiver and Manager BDO DUNWOODY LIMITED and 621182 ONTARIO LTD. - and - ROYAL BANK OF CANADA 1 7 1 TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND SCHEDULES . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 2 - ACKNOWLEDGEMENTS: BASIS OF THE AGREEMENT . . . . 9 2.5 Postponement of Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 3 - ESTIMATED COST, ETC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 4 - COST OF ADMINISTERING THIS AGREEMENT . . . . . . . . 11 ARTICLE 5 - SECURITY FOR •OWNER'S OBLIGATIONS AND COVENANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 6 - INSTALLATION OF SERVICES BY THE OWNER . . . . . . . 12 6.1 Owner Installs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6.3 Return of Financial Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6.4 Owner's Cost . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 7 - RECOVERY OF FRONT-END PAYMENTS (RECOVERABLE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 8 - OBJECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 9 - INDEMNITY AND REIMBURSEMENT . . . . . . . . . . . . . . . . . 18 ARTICLE 10 - INTEREST ON ARREARS . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 11 - TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 12 - REGISTRATION OF AGREEMENT . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 13 - FURTHER ASSURANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 14 - SUCCESSORS AND ASSIGNS . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 15 - ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 16 - NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 11 ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT . . . . . . . . . . . . . . . 21 ARTICLE 18 - COMPLETION OF SCHEDULE "K" . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE 19 - INTERPRETA'T'ION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . 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-L& Payable" Schedule "E-T' - "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 7' - 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 "L" - "Estimated Front-End payment(Recoverable) for Each Service (Recoverable), Owner's Share and Benefiting Owners' Shares" Front-Ending Agreement Page 2 FRONT-ENDING AGREEMENT THIS AGREEMENT made in quintuplicate as of this 26th day of May, 1997. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and - ASHDALE CAPITAL CORPORATION LTD. by its Receiver and Manager BDO DUNWOODY LIMITED - and - 621182 ONTARIO LTD. (hereinafter called the "Owner") OF THE SECOND PART - and - ROYAL BANK OF CANADA (hereinafter called the "Mortgagee") OF THE THIRD PART WHEREAS: A. Ashdale Capital Corporation Ltd. was the registered and beneficial owner of one portion and 621182 Ontario Ltd. was the registered and beneficial owner of a second portion of the Lands identified in Schedule "A". The Lands are within the Benefiting Area shown on the plan contained in Schedule 'B" attached hereto and are subject to the Mortgage described below. Currently,Ashdale Capital Corporation Ltd.is the registered and beneficial owner of the of the lands identified as such in Schedule "C". 621182 Ontario Ltd. is the registered and beneficial owner of the lands identified as such in Schedule "C". The land identified in Schedule "C" are collectively referred to in this Agreement as the "Retained Lands". Ashdale Capital Corporation Ltd's portion of the Retained Lands is i Y. Y Front-Ending Agreement Page 3 subject to the rights of the Mortgagee under a mortgage from Ashdale Capital Corporation Ltd. to the Mortgagee dated and registered in the Land Registry Office as Instrument No. . 621182 Ontario Ltd.'s portion of the Retained Lands is subject to the rights of the Mortgagee under a mortgage from 621182 Ontario Ltd. to the Mortgagee dated and registered in the Land Registry Office as Instrument No. . (The aforesaid mortgages are referred to collectively in this Agreement as 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; 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. 97-88 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: • I 7 ' • l Front-Ending Agreement Page 4 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 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 Developer" has the meaning attributed to it in Section 7.13(c) of this Agreement. (h) "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. (i) "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. Front-Ending Agreement Page S (j) "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. (k) "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. (1) "Contribution" has the meaning attributed to it in Section 7.13(c) of this Agreement. (m) "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. (n) "Development Charge" has the meaning attributed to it in the Act. (o) "Director" means the Director of Public Works for the Municipality or such other person as the Director may designate from time to time. (p) "Director of Public Works" means the Municipality's Director of Public Works or his designate. (q) "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. (r) "Estimated Installation Cost"means,in regard to the Services the estimated cost of installation of the Services. (s) "Estimated Net Capital Cost" means, in regard to the Services, the estimated Net Capital Cost of the Services. (t) "Final Cost-Owner Services" means, for Services installed by the Owner, the Reasonable Cost of the Owner Services. (u) "Financial Security" means the Letter(s) of Credit deposited with the Municipality respecting the Services to be installed by the Owner. Front-Ending Agreement Page 6 (v) "Front-End Payment" has the meaning attributed to it in the Act. (w) "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. (x) "Front-End Payment(Recoverable)"means,for the Services(Recoverable), the Front-End Payment-Installation of Services which is in respect of the Services (Recoverable). (y) "Holdbacks" has the meaning attributed to it in Section 7.12(e) of this Agreement. (z) "Immediate Payment Money"has the meaning attributed to it in Section 7.7 of this Agreement. (aa) "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. (bb) "Lands" means the lands in the Municipality more particularly described in Schedule "A". (cc) "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. (dd) "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. (ee) "Mortgage" has the meaning attributed to it in Recital A of this Agreement. (ff) "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. (gg) "Municipality" means The Corporation of the Municipality of Clarington. 10 Front-Ending Agreement Page 7 (hh) "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. (ii) "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. "Owner" means an owner who is a party to this Agreement of the Lands located within a Benefiting Area.. (kk) "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. (11) "Party" means a party to this Agreement. (mm) "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. (nn) "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. (oo) "Retained Lands" has the meaning attributed to it in Recital "A" of this Agreement. (pp) "Revised Estimate" has the meaning attributed to it in Section 5(3) of this Agreement. (qq) "Security" has the meaning attributed to it in the Subdivision Agreement. (rr) "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. (ss) "Services (Recoverable)" means the Services listed in Schedule "&1" for which a development charge is payable under the By-law and for which Y Y f Front-Ending Agreement Page 8 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. (tt) "Solicitor" means the Solicitor for the Municipality. (uu) "Specit5cations" means the design guidelines, standards and specifications established by the Director for the installation of Services. (vv) "Subdivision Agreement" means collectively the Subdivision Agreement made between Ashdale Capital Corporation Ltd. as owner and The Corporation of the Municipality of Clarington and Royal Bank of Canada, N.S. Management Inc., 815358 Ontario Limited and Security Trust Company on October 24, 1991 and registered in the Land Registry Office as Instrument No. LT 568837, and the Subdivision Agreement made between 621182 Ontario Ltd. and The Corporation of the Town of Newcastle and Royal Bank of Canada and National Trust Company on November 14, 1991 and registered in the Land Registry Office as Instrument No. LT 572713. (ww) "Term" has the meaning attributed to it in Section 11 of this Agreement. (xx) "T)reasurer" means the Treasurer of the Municipality. (yy) "Trust Account" has the meaning attributed to it in Section 7.8(a) of this Agreement. (zz) "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. (aaa) "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. Front-Ending Agreement Page 9 (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 text of this Agreement: Schedule "A" - "Legal Description of the Lands" Schedule "B" - "Plan 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 and Total 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-T' - "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 'Y - 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 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" 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 + 13 Front-Ending Agreement Page 10 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-7". 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. 23 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. 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 Front-Ending Agreement Page 11 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. 43 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 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 Front-Ending Agreement Page 12 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 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. Completion Dates Not Used. Front-Ending Agreement Page 13 6.3 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 621182 Ontario Ltd. 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 621182 Ontario Ltd. 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 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 Front-Ending Agreement Page 14 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- End Payment, and will set the same out in Schedule X'. 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 X' or Schedule "L" as 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 'V. 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 "L", 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 "L" and is subject to adjustment in accordance with the provisions of this Agreement. Front-Ending Agreement Page 15 I 7.S 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 BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd. or to its direction (the "Immediate Payment Money") in a special account and shall, immediately upon receipt of the money, by registered mail (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 "K" hereto 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) Front-Ending Agreement Page 16 shown on Schedule X' hereto that in fact have been received by the Municipality to BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd. 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 BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd., the Treasurer shall give BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd. 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 BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd., the Municipality shall pay to the person named in the direction the money received by the Municipality. 7.8 If within ninety (90) days of mailing the notice, the Municipality has not received a direction from BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd. 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 BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd. by registered mail sent to the Owner's last known address, that (a) the money has been paid into Court; and (b) BDO Dunwoody Limited as Receiver and Manager of Ashdale Corporation Ltd. must apply to the Court for the release of the money. r Front-Ending Agreement Page 17 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. 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. Front-Ending Agreement Page 18 8.3 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. 97-88, 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 (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 TV Front-Ending Agreement Page 19 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. 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. Front-Ending Agreement Page 20 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. 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. Front-Ending Agreement Page 21 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: Ashdale Capital Corporation Ltd. By its Receiver and Manager BDO Dunwoody Limited P.O. Box 33, Royal Bank Plaza Toronto, Ontario M5J 2J9 AND TO: 621182 ONTARIO LTD. 30 Wertheim Court, #9 Richmond Hill, Ontario L4B 1B9 AND TO: Royal Bank of Canada Corporate Banking - Real Estate 20 King Street West 9th Floor Toronto, Ontario M5H 1C4 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. Front-Ending Agreement Page 22 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. 193 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. 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. Front-Ending Agreement Page 23 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. 19.12 BDO Dunwoody Limited has executed this Agreement as Receiver and Manager of Ashdale Capital Corporation Ltd. and without personal liability in connection with the terms and conditions of this Agreement. 19.13 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 THE DELIVERED ) MUNICIPALITY OF CLARINGTON In the Presence of: ) by: Title: Mayor Name: Dia ar e by. ' Title: Cl CW Nam atti e ASHDALE CAPITAL CORPORATION LTD. by its Receiver and Manager BDO DUNWOODY LIMITED / ) by: Title: Name: iA-rT� by: } Title: Name: 6211 20 L by: Title: S 1,4tici�OCR-u. �2 Name: hal Nro by: } Title: Name: . r Front-Ending Agreement Page 24 ) ) ) "e have the Authority to ) ROYA*BCANADA bind the Bank. ) The name of The Royal ) by. Bank of Canada was ) Titl . �,�, �,�•n changed to Royal Bank of j N �L A .1 6_L.,r 17_J 1 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. ) ti SCHEDULE "A" LEGAL DESCRIPTION OF LANDS Ashdale CaAital Corporation Ltd:s Portion 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 all of Lots 55, 56, 57, 58, 59 and 60 and part of reserve lot, Block D, all of Lots 1, 3, 5, 6, 7, 8, 9, 10, 91, 92, 93 and 94 and parts of Lots 4, 11, 12 and 95, Block E and part of Porter Street and part of Winnstanley Street all according to the Porter and Bradshaw Plan being Part of Lot 9, Concession 2, Town of Newcastle (formerly Town of Bowmanville), Regional Municipality of Durham now shown as Parts 1, 2, 4, 5 and 6 on plan of survey deposited of record in the Land Registry Office for the Land Titles Division of Newcastle (No. 10 (the "Land Registry Office") as Plan 1OR-3976. 621182 Ontario Ltd.'s Portion of Lands All of Lots 13, 14, 15, 16, 17, 19 and 21, Part of Lots 11, 12, 18, 20 and 22, Block E, part of Porter Street, all of Lots 62, 64, 66, 68, 70 to 90 inclusive, Block C, part of Winnstanley Street, Porter and Bradshaw Plan being part of Lot 9, Concession 2 and Part of Lot 9, Concession 2 Geographic Township of Darlington, Town of Newcastle, Regional Municipality of Durham, Town of Newcastle, Regional Municipality of Durham designated as Parts 1, 2, 3 and 4 on Plan 1OR-4019 deposited in the Land_Registry Office. SCHEDULE "B" PLAN OF BENEFITING AREA W ii � 2 �.ell % c oe le 2235 22k351 P ` �- — L4 / LiLi ST. --------------- 1„M OF 10 h DIM r rf M rACrxmr OF ..a.a,. urao o LEGMD BEHER TI lFFEAs FOR IRLMAW CK L GAMMM and (EARNS I L leasmY w 00%900W gII11CCF3 owers ARFA SLUM 'iRt W SEVER 161 3 7m IW 16 s ourawr Nar--w�tr ease ^�r IL ASHO”CAPMOL or 1n.By rrs seem m AF AS `7iva. s Age CAPnX CQ PCPAJM LM UY rrt �— W—A wCom 8Wg fbi�C R: Ka r saw i L= W—A. Oef—.R i�4 e011 0�R: 11i. �4 SCHEDULE "B" PLAN OF BENEFITING AREA 1 � " n / / � W � i J P / / / O / // ( I ~ If IVA 3 / I ^— o tim _ r��.r-� amm 20Z hv/ _ T —_ E -------------- t0 aa�aR+moll aF�Iu.O�xltr aF PMM wadu ire LEGENO n FM ImInWom 1. a WEAIM I L INES=W COINEMW SON= MOM AREA STORH TRLJW SEVAM { 16M H ♦ z ouallw MoI-�aam Hac�¢ H i AMMUE CARDS CONaCRAIM l]d BY 11'S BEN Fn7M AFWAS GALSEEMS S A24AIE c rML aMWCtA3 ON UM air WS o..�.Q. i1ER Am YIWAaR 800 Ou1A000Y LW. L R MMOZ O1RAM L71L Hoar ows MOM Wy spa: CA 4Z ae�E. as W—B SCHEDULE "B" PLAN OF BENEFITING AREA t( I` t, 11 11 / 1 li / (1 / I ` i\ U / ' I it � !1 � (1 / ll N It / LL / J N —1 r-—.———-—� �—_.�� -- y am SEW w mumcpxm or I>d&titer. ""� ONN°�1P BeiEFn'nrc AFM" FOR SULO BROM ><. MAMCHM ClAfWB6 and MEAFJM l z raasat r OF OWSMOW s OWOr5 MWA ST 10 TMJW r+FaoSEW ~ r� nO`n�+ioavr se4gnl rC AfWa `X.—oat m I A HOME I�AL camm=im Lm er at ��' �F-C RtS %f t AM to 04M MG ClD1W=I= Qn17 d1'lAW LIL UK! Room 114 OMr R: 4 /�Ql�► 1A=Ke u .4 ans R=. r a WA-wa 7t vs OL.mcmaw moo Ara xL T-C SCHEDULE "B" PLAN OF BENEFITING AREA W I ha IL p. �r r� ,r rr I rr / rr N 'r / µ I / 2.02 s r. — �--E -------------- L. - -, 4«Ft' STUf01 TRUNK SE1YQ! N/1N IN CDWMM ar 2M MANf.'PA1Jt1'OF CLAP== Piie'ids LAS dIMiER9�P LEGEND AREAS FOR YMlj7MWOM 1. 6ARDE NS and DARNS I L rOessRY CF oor6baWcra j, STORM 1RllNIC 5 MOCS 'WA fiFADwAL.L M 10{16 S ocoum NON-PFXM HOUSM _ L ASOM E CATTAL cowa lam m BT n*s I 11Nli AR£AS QQ F48MWR AM MAMAGSt OW DUWao blr Lm 7• S ASMWZ CMRAL ammwwo I LTa wr ft's �� 1F0 MORlCS m XC.=Nrww i RCM%Ot Aq YA Aam wo mwwo0o"r Lim •mm came ra on : maw rr asasf L 62ME CKtMW M OW: APOL No ara W! au 8SZ42 SIC: n+e a..-..c s ncr q.rl.rar am=or: as W-D SCHEDULE "C" LEGAL DESCRIPTION OF RETAINED LANDS Ashdale Capital Corporation Ltd. Parcels 99-1 and 100-1, Section 40M-1676 being Blocks 99 and 100, Plan 40M-1676, Municipality of Clarington, Regional Municipally of Durham. 621182 Ontario Ltd. Parcels 1-1, 3-1, 4-1, 5-1, 6-1, 7-1, 8-1, 13-1, 24-4, 25-1, 32-1, 38-1, 98-1, 99-1, 100-1, 101-1 and 103-1, Section 40M-1688 being Lots 1, 3, 4, 5, 6, 7, 8, 13, 25, 32, 38, 98, 99, 100, 101 and 103 and Part of Lot 24 designated as Part 2 on Plan 40R-14568, Plan 40M-1688, Municipality of Clarington, Regional Municipally of Durham. SCH�ULE LIST OF_SERY ES TO BE=ALLED BY OWNER The Services which the Owner wM install under this Agreement and the Subdivision Agreement comprise: (1)W-A Works:storm sewer from and inchuding the ditch inlet catch basin MH north of Ireland Sweet to MS 16 on Meatus Aventme apgro)natdy 350 metres north of Concession Street Fast; (2)W-B Works: storm sewa from and including MH 16 on Mearns Avenue approximately 350 metres north of Concession Street East to MH 4 on Concession Street East approximately 180 mares west of Meatus Avemury (3) W-C Works: storm server from aad including MH 4 on Concession Sant East to and inclm,,ding the outlet headwall to the stormwater management pond South of Concession Sam East;and(4)W-D Works:swan sewer from the headwall east of Meares Avenue approxdtoately 350 metre north of Concession Strew East within Subdivision 18T-89086 to MH 16 on Meatus Avenue approxtizt t 350 metres north of Concession Street East. The Services are hereby deemed to be of benefit to the relevant Benefitting Area. The works are more.pardwiady described in the Engineering Drawings for these Works prepared by G M Samar & Associates Limited(dw& nos. 88242 P-101,P-102 and P-106) dated March, 1991 and in the Enkming Drawings prepared by Marshall Macklin Monaghan Ltd (dvS nos. 10-88635 9, 10 and 11) dated September, 1991, both as finally approved by and on file with the Director of Public Woks. SCHEDULE "E-3" 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"Er TOTAL AND ET MATED NET CAPITAL COST OF INSTALLATION OF SERVICES TOTAL AND ESTFMATED REY NET CAPITAL COST OF SWWCES 1.STORM SEWER ONERS>ZIIMC MAW 549516 2 ENGOAEERM 54,952 3 LEGAL COSTS: 52,5 4.MIJNCPAL WSPECTION FEES 512?5 5.AC M945 ATION FEES 53,000 TOTAL S!l1.460 TOTALAND ESTIIAATED trnl NET CAPrrAL C ST OPSERWES 1 STORM SEWETt OVER.S1aMG(Vlt-B WORKSZ S?D.3S16 2 38.141 � '4 ldfra4 SZOS6 smd 3.LEGAL COSTS: 52 W 4.MUMCPAL WSPECTION FM $6404 S.ADMWSF ATION PEES 53.000 TOM 5231�T7 fOTALMD ESM% RBI IWC&"TN-COST OF SIR W= I.STOm seam OVERSf?WG $109.347 -Codip 34M4 -GWA*v A 4 Sl= 33.521 3 LEGAL.COSTSC 32AGI 4.MLJNCPftNWEC:IION FEW 5. TION FM S34M S.STORK SEWER EASEMENT S63= TOM 5205.067 TOTAL AND ESTWnW ntm Wr CAPRAL COST OF SERVICES 1.STORM SEWER OVERWNG(W-O WORKS) 32274 2 B030999%"- SaT 3.LEGAL COM WA 4.k9JNlCrALNSPECTIOPI FIBS 561 S.ADMOSSrRAT10N FEES WA TOTAL 52362 ES SCHEDULE "E-6" LIST OF SERVICES IN THE AGREEMENT FOR WHICH A DEVELOPMENT CHARGE IS PAYABLE The SetA=which the Owner will instaII under this Agreement and the Subdivision Agreement nomp : (1)W A Works:storm sewn from and including the ditch inlet catch asin MS north of Irdaad Street to ME 16 on Meatus Ave=approximately 350 metres north of Concession Street East: (2)W-B Wodw storm sewer from and including MH 16 on Mearns Avenue y 350 maw=x*of Cosseession Street East to MH 4 on Concession Strew East approximately 180 mares wet of Meares Avenue; (3) W-C Works: storm sewer from and including MR 4 on C000essi Street East to and including the oudet headwall to the stormwater management pond =A of Concesdm Street East;and(4)W4:)Works:storm sews from the headwall east of Mrarns Avenue appraodmabely 350 metres north of Concession Street Fast within Subdivision 1ST-89086 to 1R 16 on Mearms Avenue appro:omately 350 metres north of Concession Street East The Services see hereby deemed to be of benefit to the relevant Benefitdng Area- The works are =MWdML riy de=ffvd in the Engineamg Drawings for these Works Prepared by G M Seems &AMOCiSa Limited(dug nos. 88242 P-101,P-102 and P-106) dated March, 1991 and in the IDg pruned by M9cshall Madclin Monaghan Ind. (dug nos. 10-88635 9, 10 and 11) dazed Ste, 1991, both as fiscally approved by and on file with the Director of Public Woad. i r 4 SCHEDULE "E-7" LIST OF SERVICES IN THE AGREEMENT WHICH ARE REFERRED TO IN SUBSECTION 3(7) OF THE ACT ACT None e SCHEDULE"E47 MANNER OF CALCULATION OF PORTION OF FRONT-END PAYMENT TO BE MADE 81r EACH BENEFrTTtNG OWNER RESPECTING SERVICES SWIfARY OF AREAS CONTRMUTM TO THE INSTALL LMION OF SERVICF3 (WA MOM AREJ1 ON PLANS IN -En ARES TOTAL GROUND AREA a 1150 TOTAL ESTIMATED NET CAPITAL COST OF SERVICES- $61.460 COST Of SEMnMS PER HECTARE a 15.126 The estimded Net Capital Coat of the Owner Services shown on Sched<,te"66's 561,640.The total grocnd ends of the Area;shown an the plans cantained in Schedule"B"which eontrnbute to the cost of the Owner Services s 11.99 hectares.The relevant Benefit>inq Area shown an the plans contained in Schedule'B" ardudhng the Owner's Lands,is 11.99 hectates.The portion of the Front end payment(Recoverable)allacated to each Area wllhn' the relevant Bwwfftg Area is the product achieved by multiplying the ground area of each such Area is helm by the amount of SS, 126. SUIRMRYOF AREAS CONTROMI'M TO THE eISTAr1ATION OF SERVIM wopia AREA ON N W HECTARES • 1. 1199 2 2Z3a TOTAL CF40UN7 AREA- 3437 TOTALESMIATEDNETCAPITALC OSI OFSERVICESs MM= Cos'T OF SERVICES PER HECTARE a 38.732 The ell at, Net Capbsl Cost of the Owner Services shown an Schedule"E-S"is 5231,377.The total ground am ofthe Areas shown on the plans contained in SctwWe"r which contribute to the cost of the Owner Services s 34.371 P" The relevant Benefittng Area shown an the plans contained in Schedde"B" acko ft fie Owt< 8 Lard%is 34.37' The portion of the Front-end payment(Recoverable)allocated to each Area wNin the relevant Benefiting Area is the product achieved by multiplying the ground area of each such Area in h by the amount of 56,732 SUMMARYOPARMAS CORTRtl9 U IIIQ TO THE INSTALLATION OF SERVKMS RW ON PLANS INSCHEDUI-139 HECTARES 1. 119! 2 22M 2.0 TOTAL GROUND ARFA■ U39 TOTAL ESTBNTED NET CAPITAL COST OF SERNKRS= 3Z08.06T •.COSTOFSERVICES PER HECTARE= $5713 The estimated Net Capital Cost of the Owner Services shown an Sduduhle' r is 5208,087.The total ground area afthe Aresc shown onto plans oontained in Schedule"8"which oonbhbula to the cost of the Owner Services is 36.39 hectares.The relevant Benettftg Area shown on the plan confined in Schedule"B' eorYI g to Owners Lands,is W.301 ,-1 -- Theportion of the Fra*end paymat(Recoverable)allocated to each Area wilt the relevert Benditting Area a the product achieved by multiplying the ground wea of each such Area in hecto,es by the amount of$5,71 SUM ARY OF AREAS C=ffMW Jr=TO THEIDISTALlATION OF SERMES fW43 WORKS) AREA MHOWWN ON PLANS IN SCHEDULE Vj HEGT z 2?38 TOTAL GROUND AREA= 2239 TOTAL 66TmTED NET CAPITAL COST OF SERVICES= SZ.5R COST OF SERVICES PER HECTARE a $114 The estimated Net Capital Cost tithe Owner Services shown on Schedule"E S is SZ56Z The total grorund area offheMaas shown an the plans contained in SchedWe*W which aontribube to the coat of the Owner Services is 2238 hectares.The relevant Bene6tbng Area shown on the plans contained in Schedule"B" exduufing the Owner's LAX*is 2238 hecsm.The pardon of the Front-end Payment(Recoverable)aAccated to each Amawift,the relevant Benefttirg Area is the product achieved by mudOptying the graumd area of each such Area in hectares by the amount of$114. E.s SCHEDULE "K" CALCULATION OF THE FRONT-END PAYMENT (RECOVERABLE) FOR THE SERVICES (RECOVERABLE). OWNER'S SHARE AND BENEFITING OWNERS' SHARES r r i • I I W-A WORKS WR WORKS W-0 WORKS WDWORKS 70TAL FRONT�END Coerl o . •120 Co ) TA -t 762 COWIHE Abe■16,116 Co a PAYMENT OWNER OR FROIO-ow pRONF1610 RIONf-IUIO Pno14FeNO (RECOVERABIE)FER DENEF17TINGOWNER O6NEFITINO fNYMRIK �IF411 0 FAVM6N1 56NEFln*P FAVMENF KNEFITMO PAYMENT BENEFITTING AWA 1NECOvEI nal ArAi% (RECOv6RA016) AREA (RLCOVERA6lE) ARCy1 (RCLOVGRA6LEl OWNER 8 fa '11 I WnC11ET0 tin 161,400 tl-W 018,110 11,08 SIAM A - - f11aw1 � m 3 MWIb7RYOF GOVERNMENT 6ERY10Ei - - 22.10 $110.161 22.711 4127,002 22.70 f2,K2 0t01,IN g N O ]. oUOIUVJ 100t6NROPIT ItOUtvtO _ W - - 1.02 111,000 - - (11.160 RI O 4.0. A61IPALEC0IPITALCOEFCM71Ot1LTp Z BY 113 RECEIVER AND MAIIAOCR _ _ _ _ _ l (A 600 OUIWVOODY LID. 621162 O/ITAPIO LTO. • O 6 021167ONFARIOUL). TOTAL 61.86 161,400 7477 U31,371 ]030 820aNT 2276 82,662 1000.410 ri UI O (q 7