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97-97
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-97 being a By-law to designate a certain portion of Registered Plan 40M-1763 and Registered Plan 40M-1821 as not being subject to Part Lot Control. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Block 8 in Plan 40M-1763 and Block 13 in Plan 40M-1821 registered at the Land Titles Division of Durham. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT Subsection (5) of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. THAT this By-law shall come into effect upon being approved by the Regional Municipality of Durham and thereafter Subsection (5) of Section 50 shall cease to apply to the following lands: a) Block 8 on Plan 40M-1763, Municipality of Clarington, Regional Municipality of Durham; and b) Block 13 on Plan 40M-1821, Municipality of Clarington, Regional Municipality of Durham. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of five (5) years ending on May 12, 2002. BY-LAW read a first time this 12th day of May 1997. BY-LAW read a second time this 12th day of May 1997. BY-LAW read a third time and finally passed this 12th day of May 1997. MAYOR CLERK MCGIBBON, BASTEDO, ARMSTRONG BARRISTERS AND SOLICITORS JUL 23 26 42,111 t97 32 SIMCOE STREET SOUTH OSHAWA, ONTARIO MAILING ADDRESS: L I H 4G2 P.O.BOX 2396 OSHAWA,ONTARIO GRANT H.ARMSTRONG,B.Comm.,LL.B. L I H 7V6 W.MICHAEL ARMSTRONG,B.A.,LL.B. TELEPHONE(905)728-7335 FACSIMILE(905)432-2348 July 18th, 1997 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 ATTENTION: Linda Bruce, Clerk II Dear Ms . Bruce Re : Fridel Limited - Municipality of Clarington Part Lot Control By-Law Block 8, Plan 40M-1763 & Block 13 , Plan 40M-1821 Please find enclosed a copy of the registered By-Law for your records. Yours very truly, McGIBBON, BASTEDO, ARMSTRONG Per: Grant H. Armstrong GHA/eo FDISTRIBUTION LERK.____.__.�.�_...... :; Encls . I ACK. SV __..----—--- ..-.... ._ ORIGINAL TO. f f t j i+l p Amended NOV.1992 •P Cfrovince Document General D Ontario Form 4 — Land Registration Reform Act (1) Registry ❑ Land Titles © (2) Page 1 Of 2 pages (3) Property Block Property identifler(s) Additional: See Schedule (4)Nature of Document C a s-41 r _ U * BY-LAW Lu N ac p Ai (5)Consideration J Z (V L✓ v ..�4� Y- w Dollars$ W (� cw�c (6) Description U V =3 LL FIRSTLY: Parcel 8-1, Section 40M-1763 O Block 8, Plan 40M-1763; o J CC 7� Co C SECONDLY: Parcel 13-1, Section 40M-1821, Block 13, Plan 40M-1821; New Property Identifiers Additional: Municipality of Clarington, Regional Municipality of See Schedule ❑ Durham; Executions (7) This (a) Redescription (b) Schedule for: Additional: Document New Easement See Contains: Plan/Sketch E] Description ❑ Parties Additional Other Schedule (8)This Document provides as follows: Certified Copy of By-Law 97-97 by THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON attached hereto; Continued on Schedule ❑ (9)This Document relates to Instrument number(s) (10) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D THE CORPORATION, OF, THF. 0UNTCURTd1TY .QF . . . . . . .P.er:. . . . . . . .�. 1997 i07 CLARINGTON, by Solicitors Grant H. Armstrong MC:Q.bbon,,. B stedP.,. Armstrong. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) Address for Service 40 Temperance Street, Bowmanville, Ont. L1C 3A6 (12) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D i '. I 1 (13)Address for Service (14) Municipal Address of Property (15) Document Prepared by: } Fees and Tax Grant H. Armstrong n/a Z Registration Fee McGibbon, Bastedo, Armstrong 32 Simcoe St.S. , Box 2396 Oshawa, Ontario L1H 7V6 w U U. LL O O Total NLLI w. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-97 being a By-law to designate a certain portion of Registered Plan 40M-1763 and Registered Plan 40M-1821 as not being subject to Part Lot Control. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Block 8 in Plan 40M-1763 and Block 1.3 in Plan 40M-1821 registered at the Land Titles Division of Durham. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT Subsection (5) of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. THAT this By-law shall come into effect upon being approved by the legional Municipality of Durham and thereafter Subsection (5) of Section 50 shall cease to apply to the following lands: a) Block 8 on Plan 40M-1763, Municipality of Clarington, Regional Municipality of Durham; and b) Block 13 on Plan 40M-1821, Municipality of Clarington, Regional Municipality of Durham. 3. Pursuant to Subsection 7.3 of Section 50 of the Plannrn APPN ;&11%t� ` �..c.bi 5 (7.1 of force for a period of five (5) years ending on May 12, 002PIanninj Act,R.S.0. 1990,e.R13.,as amcndad. Dated this.,�`.4 day of..t!t:� .••••• BY-LAW read a first time this 1.2th day of May 19 4r6 'BY-LAW read a second time this 12th day o1' May P R.P.Pning of Durham BY-LAW read a third time and finally passed this 12th day of May 1997. rat �pFl A RtgF copy MAYOR 1 P. JT 1 , ' # BROWN 1 1 BARRISTERS AND SOLICITORS JEFFERY S. LYONS Q.C. C O U N S E L 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 Halloway Holdings Ltd. Enclosed are the following documents registered at the Land Registry Office at Whitby on March 30, 1999: 1. Municipal By-law No.97-91 Authorizing Front-Ending Agreement registered as Instrument No. LT 892950 in the Land Titles system. 2. Municipal By-law No.97-91 Authorizing Front-Ending Agreement registered as Instrument No.D 532154 in the Registry system. 3. Front-Ending Agreement registered as Instrument No. LT892951 in the Land Titles system. 4. Front-Ending Agreement registered as Instrument No.D 532155 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:\DATA\MACOS\CLARING\FRONTEND\HALLOW.LTR One Toronto Street, P.O. Box 28, Suite 910, Toronto, Ontario M5C 2V6 Tel: 416.368.0600 Fax: 416.368.6068 bizlaw@businesslawyers.com Province Document Genera I Do Process Software Ltd. (416)322-6111 D of F Ontario Form 4—Land Registration Reform Act 7216 (1)Registry ❑ Land Titles ❑ (2) Page 1 of pages (3)Property Block Property Identifiers) / OO� Additional: X l0 See q t Schedule (4)Nature of Document MUNICIPAL BY-LAW AUTHORIZING FRONT-ENDING AGREEMENT •"{ �« '�"' Section 24 of the Development Char es Act r N z W (5)Consideration 4 '4� O U17) ri " Dollars$ (6)Description o Municipality of Clarington LL j Regional Municipality of Durham ac M O —' as more particularly described in Schedule "1" attached v O New Property Identifiers Additional: See ❑Schedule Executions (7) This (a)Redescription i (b)Schedule for: Additional: Document New Easement Additional See Contains: ❑ 10ther S chedule Pl an/Sketch Description Parties (8)This Document provides as follows: See certified copy of By-law No. 97-91 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 .PHA..4?U'QRA.TI. N..OF.THF.M.VJNICIPALITY--OF...... `- 19.99 0.3 01.- ... .................................. ................._. CLARINGTON,by its solicitor Nicholas T. M- acos ----•-----•--•---••--••-•--......---•-•--••--•---•---••-----------------------•--•---------.......•-••-•••••.•----- •---------........----•------•-----------•--.........----•----•-•---•-••---...--- ................................. ......•••...............................•••-........--•-•.....----......---------.....•••••---...••••-••--•••-•-• ••••--•-••••••--••••-•••••--•••••••••••-••••-•-•••••••......••-••-•-••-•......•. ---•--- -+ -• -> ----- (11) Address for Service 40 Temperance Street, + �Bowmanville Ontario L I C 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 and Tax p Registration Fee Demos C. Hefferon W Barrister & Solicitor 130 Adelaide,Street West W Suite 2500 LL Toronto, Ontario 0 MSH 2M2 Total Document prepared using The Conveyancer a i 4 SCHEDULE " " LEGAL DESCRIPTION FIRSTLY: Property Identifier Number: Part of Lots 13 and 14, Concession 2 of the Township of Darlington, in the Municipality of Clarington, in the Regional Municipality of Durham (formerly in the Town of Bowmanville, in the County of Durham), more particularly described as follows: CONEVIENCING at a point in the westerly boundary of said Lot 14, which point is 1,952.94 feet from the north westerly corner of said Lot 14; THENCE north seventy-four degrees east 66 feet; THENCE north sixteen degrees west across Barber's Creek and parallel to the west limit of the Lot 115.5 feet; THENCE north seventy-four degrees east 1,475.76 feet to the south side of a beech tree on the west side of the Scugog Road; THENCE south fifty-two and one-half degrees east 475.86 feet along the west side of the Scugog Road to a point; THENCE south seventy-four degrees west 1,881 feet to the road allowance between said Lots 14 and 15; THENCE north 16 degrees west along the west side of said Lot 14 247.5 feet to the point of commencement. SAVE AND EXCEPT Part of Lots 13 and 14, Concession, in the Municipality of Clarington, in the Regional Municipality of Durham (formerly in the Town of Bowmanville), being Part 22 according to Land Plan registered as Instrument Number N37154. FURTHER SAVE AND EXCEPT for part of Lot 13, Concession 2, in the Municipality of Clarington, in the Regional Municipality of Durham (formerly in the Town of Bowmanville), being designated as Part 1, Plan 40R-15180. As described in Instrument No. D427848 SECONDLY: Property Identifier Number: a66 " 00.2 �) 3 Schedule "2" -2- Part of Lots 13 and 14, Concession 2 of the Township of Darlington, in the Municipality of Clarington, in the Regional Municipality of Durham (formerly in the Town of Bowmanville, in the County of Durham), more particularly described as follows: COMMENCING at a point in the Western boundary of said Lot 13 distant Southerly 2211.14 feet more or less from the North-West angle of said Lot 13; THENCE Easterly at an angle of 90 degrees 529.38 feet more or less to the Western boundary of the Scugog Road which is the place of beginning; THENCE Southerly at an angle of 90 degrees 164.86 feet to the North-East angle of land heretofore conveyed to one A.A. Grant; THENCE Westerly along Northern boundary of said Grant's land, at an angle of 90 degrees, 270 feet to the North-West angle of said Grant's land; THENCE Southerly at an angle of 90 degrees 539.14 feet; THENCE Westerly at an angle of 90 degrees 190 feet; THENCE North-Westerly in a direct line 731 feet to a point distant Westerly at an angle of 90 degrees 676.38 feet from the place of beginning; THENCE Easterly at an angle of 90 degrees 676.38 feet to the PLACE OF BEGINNING. As described in Instrument No. 50109 THIRDLY: Property Identifier Number: 26616- Ooo3 R) 3n4 part o f Lord Elgin S�reP,t(closed) Lots 1 and 2 Sc6raing to Hambly's Plan"�art of Lot 12, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham . FOURTHLY: Property Identifier Number: 6(� 1 5-pQ12 �j2) Part of Lot 14, Concession 2, Geographic Township of Darlington, Municipality of Clarington Regional Municipality of Durham designated as Parts 4 and 5 on Plan 1OR 2579 and Part 1 on Plan IOR-2285. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-91 being a By-law to authorize the making of a front-ending agreement between the Municipality of Clarington and Halloway Holdings Ltd. 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 Halloway Holdings Ltd. under Part II of the Development Charges Act R.S.O. 1990 c.D.9 respecting the services referred to in a report entitled North Bowmanville Stormwater Management Project and Storm Trunk Sewers, 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. ol MAYOR rt+fpl ; - ne COPY AT— 9_. F3 RIE Tow r►'Clork Province Document u m e n t Genera I Do Process Software Ltd. (416)322-6111 Of D Ontario Form 4—Land Registration Reform Act 7216 (1)Registry ❑X Land Titles ❑ (2) Page 1 of p pages (3)Property Block Property 0 Identifiers) Additional: See ❑schedule ee h (4)Nature of Document FRONT-ENDING AGREEMENT U1 s Section 24 of the Development Charges Act (6)Consideration O co Dollars$ t C) r al (ti)Description Municipality of Clarington c Regional Municipality of Durham OX as more particularly described in Sc4edule "1" attached New Property Identifiers Additional: See ❑ Schedule Executions (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement I Additiona:E1 See Contains: Schedule ❑ Plan/Sketch ❑ Description © Parties Other ❑X (8)This Document provides as follows: �-�w / �` See Front-Ending Agreement attached # / C��� /) 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 ! ti t i, day ofA/.,,,.6 c• as Instrument No. 4 S'2 6 2 1-e 7 By-law No. 97-91 referred to in Recital H in the attached agreement was registered on the day of. Ale, " as Instrument No. 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 M D - O HE.QORFRA.T. N.J0 .THi.MUNCW WALT TY.S?�''.------- � , ---- .......... ................. '- CLARINGTON by its solicitor Nicholas T. Macos ...-•---•--•...........................................................................••---...••-----•------...... ....•------•-•-....------....--------••••------......--••--.........------•--•---.----............-----°L----•-- -------------------•---------...........-•-•---------------------•---------•----•-----•-----•-------••---....---- ---------•-•----•---.................--------------------•-------------•-------...---------------+-------►------- (11) Address 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------•--------.......I....... (13) Address for Service (14)Municipal Address of Property (15)Document Prepared by: J Fees and Tax Nicholas T. Macos o Registration Fee - w Barrister&Solicitor 130 Adelaide Street West Suite 2500 LL Toronto, Ontario O cc M5H 2M2 O Total Document prepared using The Conveyancer SCHEDULE "1" LEGAL DESCRIPTION FIRSTLY: Property Identifier Number: OPl Y(P-) Part of Lots 13 and 14, Concession 2 of the Township of Darlington, in the Municipality of Clarington, in the Regional Municipality of Durham (formerly in the Town of Bowmanville, in the County of Durham), more particularly described as follows: COMMENCING at a point in the westerly boundary of said Lot 14, which point is 1,952.94 feet from the north westerly corner of said Lot 14; THENCE north seventy-four degrees east 66 feet; THENCE north sixteen degrees west across Barber's Creek and parallel to the west limit of the Lot 115.5 feet; THENCE north seventy-four degrees east 1,475.76 feet to the south side of a beech tree on the west side of the Scugog Road; THENCE south fifty-two and one-half degrees east 475.86 feet along the west side of the Scugog Road to a point; THENCE south seventy-four degrees west 1,881 feet to the road allowance between said Lots 14 and 15; THENCE north 16 degrees west along the west side of said Lot 14 247.5 feet to the point of commencement. SAVE AND EXCEPT Part of Lots 13 and 14, Concession, in the Municipality of Clarington, in the Regional Municipality of Durham (formerly in the Town of Bowmanville), being Part 22 according to Land Plan registered as Instrument Number N37154. FURTHER SAVE AND EXCEPT for part of Lot 13, Concession 2, in the Municipality of Clarington, in the Regional Municipality of Durham (formerly in the Town of Bowmanville), being designated as Part 1, Plan 40R-15180. As described in Instrument No. D427848 SECONDLY: Property Identifier Number: ;269�5- Dom l) 4 Schedule 112" -2- Part of Lots 13 and 14, Concession 2 of the Township of Darlington, in the Municipality of Clarington, in the Regional Municipality of Durham (formerly in the Town of Bowmanville, in the County of Durham), more particularly described as follows: COMMENCING at a point in the Western boundary of said Lot 13 distant Southerly 2211.14 feet more or less from the North-West angle of said Lot 13; THENCE Easterly at an angle of 90 degrees 529.38 feet more or less to the Western boundary of the Scugog Road which is the place of beginning; THENCE Southerly at an angle of 90 degrees 164.86 feet to the North-East angle of land heretofore conveyed to one A.A. Grant; THENCE Westerly along Northern boundary of said Grant's land, at an angle of 90 degrees, 270 feet to the North-West angle of said Grant's land; THENCE Southerly at an angle of 90 degrees 539.14 feet; THENCE Westerly at an angle of 90 degrees 190 feet; THENCE North-Westerly in a direct line 731 feet to a point distant Westerly at an angle of 90 degrees 676.38 feet from the place of beginning; THENCE Easterly at an angle of 90 degrees 676.38 feet to the PLACE OF BEGINNING. As described in Instrument No. 50109 THIRDLY: Property Identifier Number: 26616- 0003 2) and pmt l Lrd EI3�4 -%feet(Jasd) Lots 1 and 2'accordmg t6 Hambly's Plan" art of Lot 12, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham . FOURTHLY: Property Identifier Number: 2((1 5-OQt2 ((ZJ Part of Lot 14, Concession 2, Geographic Township of Darlington, Municipality of Clarington Regional Municipality of Durham designated as Parts 4 and 5 on Plan IOR-2579 and Part 1 on Plan IOR-2285. 1 HALLOWAY HOLDINGS LIMITED 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 - HALLOWAY HOLDINGS LIMITED l 4 TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND SCHEDULES . . . . . . . . . . . . . . . . . . . . . 3 1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 2 - ACKNOWLEDGEMENTS: BASIS OF THE AGREEMENT 9 2.5 Postponement of Mortgage . . ... . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 3 - ESTIMATED COST, ETC. . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 4 - COST OF ADMINISTERING THIS AGREEMENT . . . . . . 10 ARTICLE 5 - SECURITY FOR OWNER'S OBLIGATIONS AND COVENANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 6 - INSTALLATION OF SERVICES BY THE OWNER . . . . . 12 6.1 Owner Installs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6.2 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 r . • 11 ARTICLE 15 - ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 16 - NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT . . . . . . . . . . . . . 21 ARTICLE 18 - COMPLETION OF SCHEDULE "K" . . . . . . . . . . . . . . . . . . 21 ARTICLE 19 - INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SCHEDULES TO AGREEMENT Schedule "A" - "Legal Description of the Lands" Schedule "B" - "Plans of Benefiting Area" Schedule "C" - "Legal Description of Retained Lands" Schedule "D" - Not Used Schedule "E-1" - "List of Services to be installed by Owner" Schedule "E-2" - Not Used Schedule "E-3" - "Proportion of Cost of Installation of Services to be Paid by Owner" Schedule "E-4" - "Capital Grants, Subsidies or Other Contributions Anticipated from Other Government Agencies" Schedule "E-5" - "Estimated Total and Net Capital Cost of Installation of Services" Schedule "E-6" - "List of Services in the Agreement for which a Development Charge is Payable" Schedule "E-7" - "List of Services in the Agreement which are Referred to in Subsection 3(7) of the Act" Schedule "E-8" - "Manner of Calculation of Portion of Front-End Payment to be Made by Each Benefiting Owner Respecting Services" Schedule "F" - Not Used Schedule "G" - Not Used Schedule "H" - Not Used Schedule "I" - Not Used 111 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 + V 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 - HALLOWAY HOLDINGS LIMITED (hereinafter called the "Owner") OF THE SECOND PART WHEREAS: A. The Owner was the registered and beneficial owner of the Lands identified in Schedule "A" which Lands are within the Benefiting Area shown on the plans contained in Schedule "B" attached hereto. Currently the Owner is the registered and beneficial owner of the portion of the lands identified in Schedule "C" and referred to in this Agreement as the "Retained Lands'; B. The Owner represents that there are no encumbrancers; 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; Front-Ending Agreement Page 3 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. 97-91 passed on the 28th day of April, 1997. NOW THEREFORE WITNESSETH THAT in consideration of the premises and covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: ARTICLE 1 - DEFINITIONS AND SCHEDULES 1.1 Definitions (1) In this Agreement, (a) "Act" means the Development Charges Act, R.S.O. 1990, c.D.9, as revised, re-enacted or consolidated from time to time, and any successor statute. (b) "Administrative Costs" means the sums of money and costs referred to in Sections 4.1 and 4.2, attributed to a Service under Section 4.3. (c) "Agreement" means this Agreement. (d) "Authorization to Commence Works" means the written permission signed by the Director of Public Works given to the Owner or the Owner's Engineer to commence the construction and installation of the Owner Services pursuant to the Subdivision Agreement. Front-Ending Agreement Page 4 (e) "Bankruptcy Act" means the Bankruptcy and Insolvency Act,R.S. 1985, c.B.3, as revised, re-enacted or consolidated from time to time, and any successor statute. (f) "Benefiting Area" means those lands as shown on,the plans contained in Schedule "B" that will receive a benefit from the construction of the Services. (g) "Benefiting Owner" means any owner of land within the Benefiting Area other than the Owner. The land of each Benefiting Owner is shown on the plans contained in Schedule "B", and also are described in Schedule "J" hereto. (h) "By-law" means By-law No. 92-105 enacted by the Municipality under the Act as such By-law has been or is amended or replaced from time to time. (i) "Certificate of Acceptance" means a certificate in writing given to the Owner that the Owner Services have been accepted by the Municipality pursuant to the Subdivision Agreement. (j) "Certificate of Completion" means a certificate in writing given to the Owner that the Owner Services referred to in the Authorization to Commence Works have been completed pursuant to the Subdivision Agreement. (k) "Construction Lien Act" means the Construction Lien Act, R.S.O. 1990 c. C.30, as revised, re-enacted or consolidated from time to time, and any successor statute. (1) "Development Charge" has the meaning attributed to it in the Act. (m) "Director" means the Director of Public Works for the Municipality or such other person as the Director may designate from time to time. Front-Ending Agreement Page 5 (n) "Director of Public Works"means the Municipality's Director of Public Works or his designate. (o) "Easement Costs" means the cost of the easements and/or lands which have been or are to be acquired outside the Lands„from persons other than the Owner, for the purpose of the installation of the Services or any of them. (p) "Estimated Installation Cost" means, in regard to the Services the estimated cost of installation of the Services. (q) "Estimated Net Capital Cost" means, in regard to the Services, the estimated Net Capital Cost of the Services. (r) "Final Cost-Owner Services" means, for Services installed by the Owner, the Reasonable Cost of the Owner Services. (s) "Financial Security" means the Letter(s) of Credit deposited with the Municipality respecting the Services to be installed by the Owner. (t) "Front-End Payment" has the meaning attributed to it in the Act. (u) "Front-End Payment-Installation of Services" means, for the Services installed by the Owner, the Net Capital Cost of said Services and includes Administrative Costs and Easement Costs. (v) "Front-End Payment (Recoverable)" means, for the Services (Recoverable), the Front-End Payment-Installation of Services which is in respect of the Services (Recoverable). (w) "Holdbacks" has the meaning attributed to it in Section 7.12(e) of this Agreement. (x) "Immediate Payment Money" has the meaning attributed to it in Section 7.7 of this Agreement. y Front-Ending Agreement Page 6 (y) "Land Registry Office" means either the Land Registry Office for the Land Titles Division of Durham (No. 40) or the Land Registry Office for the Registry Division of Durham (No. 40) as may be appropriate in the context in which the term is used. (z) "Lands" means the lands in the Municipality more particularly described in Schedule "A". (aa) "Letter of Credit" means an irrevocable and unconditional letter of credit issued by a bank listed in Schedules I or II of the Bank Act, S.C. 1991, c.46 acceptable to the Municipality's Treasurer. (bb) "Maintenance Period" means the two(2) year period which commences on the date on which the Owner or the Owner's Engineer is given the Certificate of Completion for the Owner Services. (cc) "Mortgage" has the meaning attributed to it in Recital A of this Agreement. (dd) "Municipal Act" means the Municipal Act, R.S.O. 1990, c. M.45, as revised, re-enacted or consolidated from time to time, and any successor statute. (ee) "Municipality" means The Corporation of the Municipality of Clarington. (ff) "Net Capital Cost" means in regard to the Services installed by an Owner, the Final Cost-Owner Services less any grants, subsidies or other contributions attributable to the Service that may be received by the Municipality from any governmental authority, as determined by the Director. (gg) "Objection" means an objection to this Agreement pursuant to Section 22(3) of the Act and as referred to in Sections 11 and 12 of this Agreement. Front-Ending Agreement Page 8 (rr) "Solicitor" means the Solicitor for the Municipality. (ss) "Specifications" means the design guidelines, standards and specifications established by the Director for the installation of Services. (tt) "Subdivision Agreement" means the Subdivision Agreement made between Halloway Holdings Limited as owner and The Corporation of the Municipality of Clarington on July 25, 1996 and registered in the Land Registry Office as Instrument No. LT 768844. (uu) "Term" has the meaning attributed to it in Section 11 of this Agreement. (vv) "Treasurer" means the Treasurer of the Municipality. (ww) "Trust Account" has the meaning attributed to it in Section 7.7(a) of this Agreement. (xx) "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. (yy) "Works" has the same meaning as it has in the Subdivision Agreement. (2) All other capitalized terms used herein and not otherwise defined shall have the meanings attributed to them in the Act, as amended from time to time. (3) The following Schedules which are attached hereto, together with all provisions therein, are made a part of this Agreement as fully and for all purposes as would be the case if they were set out in the 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 t4 Front-Ending Agreement Page 9 Schedule "E-3" - "Proportion of Cost of Installation of Services to be Paid by Owner" Schedule "E-4" - "Capital Grants, Subsidies or Other Contributions Anticipated from Other Government Agencies" Schedule "E-5" - "Estimated Total and Net Capital Cost of Installation of Services" Schedule "E-6" - "List of Services in the Agreement from which a Development Charge is Payable" Schedule "E-7" - "List of Services in the Agreement which are Referred to in Subsection 3(7) of the Act" Schedule "E-8" - "Manner of Calculation of Portion of Front-End Payment to be Made by Each Benefiting Owner Respecting Services" Schedule "F" - Not Used Schedule "G" - Not Used Schedule "H" - Not Used Schedule "I" - Not Used Schedule "J" - Not Used Schedule "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 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. Front-Ending Agreement Page 10 2.3 The Parties further acknowledge and agree that under this Agreement: (a) The Owner shall only be reimbursed by Benefiting Owners in regard to the Services (Recoverable); and y (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 Mortggge Not used. ARTICLE 3 - ESTIMATED COST, ETC. 3.1 The Parties acknowledge and agree that the proportion of the cost of Services to be paid by the Owner are as set out in Schedules "E-3" and "E-4'%, the contributions from other Government agencies and the manner of calculation of the portion of the Front-End Payment to be made by each Benefiting Owner respecting Services are as set out in Schedule "E-8" hereto; and the estimated total capital cost of the Services and the estimated Net Capital Cost of the Services are as set out in Schedule "E- 5" hereto. ARTICLE 4 - COST OF ADMINISTERING THIS AGREEMENT 4.1 The Owner shall pay to the Municipality the reasonable cost to the Municipality of administering this Agreement which reasonable cost comprises the cost of the registration of this Agreement against the title of the Owner to the Lands and the title of the Benefiting Owners' to their respective lands. 4.2 In addition, the Owner shall pay to the Municipality within thirty (30) days of the delivery of the invoice therefor all other reasonable costs incurred by the Municipality of administering this Agreement, including the cost of consultants and studies required by the Director of Public Works in preparation of this Agreement. Front-Ending Agreement Page 11 4.3 The Municipality agrees that amounts paid by the Owner under Sections 4.1 and 4.2 are to be included in calculating the Front-End Payment (Recoverable) for the Services (Recoverable). ARTICLE 5 - SECURITY FOR OWNER'S OBLIGATIONS AND COVENANTS 5.1 (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 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: Front-Ending Agreement Page 12 (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. 6.2 Completion Dates (a) The Owner covenants to complete construction and installation of the Owner Services by the following completion dates: Services Shown on Schedule "E-1" Hereto Completion Date (1) H-A Works October 31, 1999 (2) H-B Works Completed Front-Ending Agreement Page 13 (3) H-C Works October 31, 1999 (4) H-D Works Completed (5) H-E Works Completed (6) H-F Works Completed or such later date as may be approved in writing by the Director of Public Works. (b) If the Owner defaults in the installation of any of the Owner Services or if the Owner Services are not being installed in accordance with either the terms of this Agreement, or the Subdivision Agreement, the Municipality may call upon the Financial Security in accordance with the provisions of the Subdivision Agreement as are applicable thereto. (c) After the completion of the installation of any of the Owner Services in accordance with the Subdivision Agreement, the Director of Public Works may give to the Owner a Certificate of Completion of the Owner Service pursuant to the Subdivision Agreement. 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 the Owner is entitled to the return of the Letter of Credit referred to in Section 5.1(2) under the provisions of the Subdivision Agreement, the Municipality shall return the Letter of Credit to the Owner. 6.4 Owner's Cost (a) Either forthwith after this Agreement is made, if a Certificate of Completion has been issued for an Owner service, or if a Certificate has not been issued, prior to a Certificate of Completion being issued for an Owner service, the Owner shall deliver to the Director the final statement of the Reasonable Cost incurred by the Owner for installing the Owner Service in question for his consideration and, if appropriate, his approval. The Reasonable Cost shall include the costs for each of the items of cost set out in Schedule "E-5" and any other reasonable costs, as determined by the Director, Front-Ending Agreement Page 14 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 Qwner Services, the Municipality may request and the Owner shall supply an interim statement of the Reasonable Cost incurred to date as well as the estimated cost to complete the installation of the balance of the Owner Services. (c) Upon the receipt and approval by the Director of Public Works of the final Reasonable Cost, the Director shall determine the Final Cost-Owner Services and the Net Capital Cost of the Owner Services and shall notify in writing the Owner of same. (d) If any grants, subsidies or other contributions are received from other government agencies for the Owner Services which do not comprise part of the Net Capital Cost of the Owner Services, the Municipality shall refund same to the Owner. (e) The Owner shall hold back from any person supplying services or materials respecting the installation of the Owner Services, such amounts as a person is required to hold back under the Construction Lien Act, for such time periods as would be required to be held back pursuant to such Act. Following the expiry of the period the Holdbacks are required to be held pursuant to the Construction Lien Act (the "Holdbacks"), such Holdbacks may be released to the person supplying the services or materials with respect to which any such Holdbacks relate. (f) The Municipality shall use the Reasonable Cost to the Owner of the installation of the Owner Services in calculating the portion of the Front-End Payments (Recoverable) to be made by each Benefiting Owner with respect to the Services in this Agreement for which a Development Charge is payable. ARTICLE 7 - RECOVERY OF FRONT-END PAYMENTS (RECOVERABLE) 7.1 Schedule "B" identifies all Benefiting Owners who own land within the Benefiting Area and contains a plan which describes their respective lands within the Benefiting Area. Front-Ending Agreement Page 15 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 "K". The current estimated Front-End Payment (Recoverable) for the Services (Recoverable) is set out in Schedule "L". 7.3 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 "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 "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), which estimate is set forth in Schedule "L" and is subject to adjustment in accordance with the provisions of this Agreement. 7.5 From and including the later to occur of the day on which a Certificate of Completion is issued under the Subdivision Agreement for one of the Works which comprises a Service (Recoverable) and the day on which the Director completes Schedule"K" in accordance with this Agreement, until the day on which the Term of this Agreement expires, the payment required to be made by the Benefiting Owners who have not paid their share of the Front-End Payment (Recoverable) to the Municipality shall be indexed on the 1 st day of April and on the 1 st 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 Front-Ending Agreement Page 16 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 rwhich is to be paid immediately to the Owner or to its direction (the "Immediate Payment Money") in a special account and shall, immediately upon receipt of the money, by registered mail (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) shown on Schedule "K" hereto that in fact have been received by the Municipality to the Owner or to its direction, less any amounts owed to the Municipality under this Agreement which amounts may be appropriated by the Municipality at any time. As soon as is reasonably practicable following receipt of a written request from the Owner, the Treasurer shall give the Owner a written account of the principal and accrued interest outstanding in the Trust Account. The terms and Front-Ending Agreement Page 17 conditions of the Trust Account including the interest accruing and payable on money deposited in it are in the discretion of the Treasurer, acting reasonably. (b) With respect to money which comprises the Immediate Payment Money, received from or on behalf of Benefiting Owner referable to a particular Service in respect of which the Owner has been given a Certificate of Completion under the Subdivision Agreement, the Municipality shall issue the notice and make the request referred to in Sections 7.7(a) and 7.7(b), respectively. Upon receipt of a written direction from the Owner, 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 the Owner with respect to Immediate Payment Money, the Municipality may pay the money owing to the party into the Ontario Court (General Division). 7.9 Upon payment of the money into Court, the Municipality shall immediately notify the Owner by registered mail sent to the Owner's last known address, that (a) the money has been paid into Court; and (b) the Owner must apply to the Court for the release of the money. 7.10 If a party, or a successor or assign thereof, has not applied to the Court under Section 7.9 within twelve (12) months of the mailing of the notice, the Municipality may apply to the Court for the release of the money to the Municipality. 7.11 The Municipality is required to reimburse the parties to this Agreement only if and when the money referred to in Section 7.6 is received from a Benefiting Owner and only in accordance with Section 7.3 and Sections 7.7 to 7.10 of' this Front-Ending Agreement. 7.12 The Owner hereby agrees that the Municipality may, in its discretion, release to a Benefiting Owner copies of any certificates, reports, contracts or other documents and Front-Ending Agreement Page 18 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. 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. Front-Ending Agreement Page 19 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. 97-91, 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 under this Agreement. Alternatively, the Municipality may Front-Ending Agreement Page 20 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. 9.3 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 Front-Ending Agreement Page 21 effect to such changes. The Term of this Agreement shall expire on the fifteenth (15) anniversary of the date on which the Term commenced. The Parties hereto agree that this Agreement shall continue in full force and effect despite any expiry or repeal of the By- law or the enactment or any replacement or amending By-law. ARTICLE 12 - REGISTRATION OF AGREEMENT 12.1 The Owner and the Mortgagee acknowledge that this Agreement may be registered by the Municipality, at the expense of the Owner, in the Land Registry Office against the title to the Retained Lands and any other lands in the Benefiting Area, and consent to such registration. 12.2 This Agreement shall run with and bind the Retained Lands and any other lands within the Benefiting Area against the title to which this Agreement is registered. 12.3 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. Front-Ending Agreement Page 22 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 23 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 viailed 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: Halloway Holdings Limited c/o Valiant Property Management 177 Nonquon Road, 20th Floor Oshawa, Ontario L 1 G 3S2 AND TO: ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT 17.1 The Owner acknowledges and agrees that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreement is made by the Municipality in reliance on the acknowledgement and agreement of the Owner as aforesaid. ARTICLE 18 - COMPLETION OF SCHEDULE "K" 18.1 The Schedules attached hereto are incorporated in and form a part of this Agreement. The Director is hereby authorized to complete Schedule "K" to this Agreement on behalf of the Parties after the date as of which this Agreement as made provided that forthwith after doing so the Director shall give written notice thereof to the Owner. ARTICLE 19 - INTERPRETATION Front-Ending Agreement Page 24 19.1 The headings are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement. 19.2 All references to Sections and subsections unless otherwise specified are to sections and subsections of this Agreement. , 19.3 In this Agreement, unless the context otherwise requires , words importing the singular include the plural and vice versa and words importing a gender include all genders. 19.4 References herein to any statute or any provision thereof include such statute or provision thereof as amended, revised, re-enacted and/or consolidated from time to time and any successor statute thereto. 19.5 If any provision hereof is prohibited or unenforceable, such provision shall be deemed to be severable and shall not invalidate or render unenforceable the remainder of this Agreement. 19.6 No amendment, supplement, waiver or consent provided for by the provisions of this Agreement shall be effective unless in writing and signed by the party against whom enforcement of the amendment, supplement, waiver or consent is sought. 19.7 Time shall be of the essence of this Agreement. 19.8 Nothing herein contained shall create or be deemed to create a joint venture or partnership between the parties hereto. 19.9 All agreements herein contained, though not expressed to be covenants, shall be deemed to be covenants. 19.10 The Schedules attached to this Agreement form part of this Agreement and are deemed to be included as part of the text of this Agreement. 19.11 This Agreement may be executed by the Parties hereto in counterparts. 3P Front-Ending Agreement Page 25 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: DiIamre ` l by: Title• rk Name: Patti Barrie HALLOWAY HOLDINGS LIMITED } by: Title: Name: R �/� 7— by: Title: Name: SCHEDULE "A" LEGAL DESCRIPTION OF LANDS All and singular that certain parcel of land and premises, situated, lying and being in the Municipality of Clarington and the Regional Municipality of Durham, and being comprised of part of Lot 12, Concession 2, all of Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15, Hambly Street and part of Lots 14 and 16 and part of Elgin Street, all according to Hambly Plan, in the former Town of Newcastle, now the Municipality of Clarington, Regional Municipality of Durham, now designated as Part 1 on plan of survey deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) (the "Land Registry Office") as Plan 1OR-3652. SCHEDULE "B" PLAN OF BENEFITING AREA Ao I _ _ x <; �� E � ti w1 _I 6hQ WI h M jib A DURHAM CHRISTIAN \ . w`y ��'" AI x �� {�1 mr� .� wcrl scrl�. r ,»' y TTI �fi �YR. a i y ItTiT KuMOe �iil"N"wk° 1 \ ' LD \bo �b I h i S Vtlt 0I11 � 111.11y 1111111 I LONGWORM AVE. i �~ w, \ ICI '� a°'`Iri l"9TIT IT IT IT IT IT TI-1 TR i O NK LL SEWER&C ,, I --I-- a n J Fn Ell--- LEGEND OWNER'S AREA T L i LAND OWNERSHIP 1 Ln - �sls BENEFITTING AREAS 1 Li �r— 1. 806886 ONTARIO LTD. A- rRe°err"" �c,rue (18T-87089) � T H-A WORKS 2. P.J. CARRUTHERS �11 )-7 1-- (18T-87085) l I-�d t- 3. ROBERT R. CARRUTHERS &c E. G. SMITH L)-1--1-J r E H-A WORKS (18T-87086) s.0 srnc , , 4. HALLOWAY HOLDINGS LTD. E:mEL-D -1 7 r (18T-87087) ILT� 1--{ [_ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 5. TOWCHESTER DEVELOPMENTS LTD. I � �1 L J P, kc Works Dep,,tme„1 (18T-82037) RE°Eq Ate,,E k= NORTH BOWMANVILLE 6. VELTRI &SON LTD. 1 l T r STORMWATER MANAGEMENT PROJECT 08T-88051) f-_{ E- 7. LINCOLN HOLDINGS PICKERING LTD. -�i1+. r_ (1ST-89021) BENEFlTTING AREAS FOR H-A WORKS N °J 8. 835607 ONTARIO LTD. rF C= (18T-870214 = //�� c�'�'Qpyp�g��� 9. LANNY&JUDITH COOPER ° -ET V�M.t7l/l ll[IQO 10. WILLIAM &HARVEY COOPER & II 1 QASSOCIfltCS Ltd., BARBARA JEAN KENNEDY c ), I-� r `x 11. DONALD PRINS (IN TRUST) �� C r ( c.-Em&—&-- (18T-89070) m--l-T-T al 1vMJMY.ON-10 ON e 12. POKER PARK DEVELOPMENTS LTD. (so ,1- 13. VELTRI &SON LTD. rA`-a s :3z-_ (18T-64035) DATE APRIL 1997 DRAWN BY: E.L. PROJECT No. 14. BUTTERY 95007 15. ROBERT R. CARRUTHERS DESIGNED RY D.E.C. DRAW1NG No. SCALE: N.T.s. H-A aECrcED . a-7 SCHEDULE "BI' PLAN OF BENEFITING AREA YJAP R T- -_--_---------------- -_ „�I�-� —_"_---sue T F1 1 �{ H. .... z I"I ,E1 1.4T ix-1 ��wi W i 1Ji� 5 �I d" T kl l o IWRHAM CHRISTIAN • ';�.i/ ((��A k rn1. k t_,ry � 1 �'P�' rY I HICK SCHWI. .r\'/ W9 - 4"l y1ti�� 4 _ 14 I 1 1 � ( '`�n ��-(•�'� i n+" � t'—L� �IT IT IT IT IT IT IT IT I--I ` 1 ` �� -'Y� �' �11111111111111111J I 1 1 l ._•'I 1' l Y' ,' \ t,w;.l /rrTrrr l- rrrrl-rITlTl- I—� I ci ✓ a — 1 _ _ ul �Lj LEGEND OWNER'S AREA LAND OWNERSHIP 1. 806886 ONTARIO LTD. "E°E.+'°<A',E"uE (18T-87089 -F -- T BENEFITTING AREAS jI,I.IIjIitiNJ;� 2. P.J. CARRUTHERSI(.-I - (18T-87085) [t p ♦_� H-B WORKS 3. ROBERT R. CARRUTHERS &E. G. SMITH (18T-87086) 4. HALLOWAY HOLDINGS LTD. _ (18T-87087) I�T1 F--� [ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON S. TOWCHESTER DEVELOPMENTS LTD. L _ public works Department ( 18T-82037) E�ALL'J k= NORTH BOWMANVILLE ERENDR 1KNUE 6. VELTRI &SON LTD. 17��°-bT T- r— STORMWATER MANAGEMENT PROJECT (18T-88051) _I C--I I F-� E 7. LINCOLN HOLDINGS PICKERING LTD. I-L+ BENEFITTING AREAS FOR H-B WORKS (18T-89021) "E&21 k E- VALIANT TRUNK SEWER MH52 TO MH 7 B. 835607 ONTARIO LTD. �r q � - ('f �Q'tgpyyr�yy��r��pp 9. (18T-87021)ANNY&JUDITH COOPER II ° k� 51RFEr QM.A7t/mas 10. WILLIAM &HARVEY COOPER & �� L oASSOCIAteslAd.° BARBARA JEAN KENNEDY o (� I— (x 11. DONALD PRINS (IN TRUST) 1� C� C-- Gxv}ti96vreus8%eres (1 ST-89070) m scorn,.1PT w«T.1 IWAIMY.ONVJbO LIN an 12. POKER PARK DEVELOPMENTS LTO. rAx (a8sl.3z_�a7>° 13. VELTRI &SON LTD. (18T-84035) DATE APRIL,1997 DRAWN BY: E.L PROJECT No. 14, BUTTERY 95007 15. ROBERT R. CARRUTHERS DESIGNED 8Y: D.E.C. DRA.NG N. SCALE N.T-S. [NECKED BY: D.E.C. H-6 34 SCHEDULE t1B" PLAN OF BENEFITING AREA -ITnyi n fflll�j�' Li �\ \ I 5 T-I Nom-, C O E __ T+r-I I ,+r-'I LIB r a \ €— Lfi� �� o = ? '",'^b l J LLILJ LLILJ LTA WI �\ rn m m n TfTr T l r ml �'� ILL, v lilt Liii �. f-T rT,TfT-1 TI r71Tl \ � / { iklWltHhHlt- +F+�iii+P1 i+F+l IZI L-L i-L I---i LJ Lii-u- III RIZ i I -I- ((,� rrm«rr� I DVRHAN CNRfS77AN``� 'JV' I � 1 S '1'1T�t a' NIGH SCNGIX ^CC w Y C'•i TTk thv,s,`w��hst`i. }13i�Lyi i�11_ - �rt?.S> b�s r ri lT 14 t:� 15 6 f- :d 1 17 — C- I- i , I 1)1�� I ±, ! A t:4-- L - r -FI+1-1-1-+1+W+I-i-1+ 1 1 � L111111111111111111� II f + ,� It,1, r,'.!'y �\ Ii�i.l />-frIT IT IT ITITITITITITI�I lMl r�s 1 1 ✓� �� rl t F I "I—J-- 1 n-L J J > L---- ul; - o�1 I I 1 1 I I l�o�J LEGEND f�,�,� xL- OWNER'S AREA LAND OWNERSHIP 1 I A— NF_ 1. 806886 ONTARIO LTD °RE°eR'°`^lr"uE U9,g1 np,'SyLL1 (18T-87089) '� y.sa� « BENEFITTING AREAS 2. P.J. CARRUTHERS I _ (18T-87085) L �' C_ cam. H-C WORKS 3. ROBERT R. CARRUTHERS &E. G. SMITH L L L J (18T-87086) sAU srnE� EO 4. HALLOWAY HOLDINGS LTD. (18T-87087) 6Y THE THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 5. TOWCHESTER DEVELOPMENTS LTD. '-{.. Public Works Deportroer,t (18T-82037 - -1 i=_' k= NORTH BOWMANVILLE ) EHDEP 1iNUE G. VELTRI & SON LTD. STORMWATER MANAGEMENT PROJECT 7. LINCOLN HOLDINGS PICKERING LTD. -I�11+ r_ BENEMTTING AREAS FOR H-C WORKS (18T-89021) VALIANT TRUNK SEWER MH45 TO MH7 8. 835607 ONTARIO LTD. f)- (,8T-87021) _ _ QM ,Se 9. LANNY&JUDITH COC�ER 10. WILLIAM &HARVEY COOPER & �I FrR1Er QAsBOClatesUd.� BARBARA JEAN KENNEDY .. „ �- I- ( ciat�g� 11. DONALD PRINS (IN TRUST) (18T-89070) no SCOnA COURT UNIT u YMITBY,ONTARIO LIN— 12. POKER PARK DEVELOPMENTS LTD. rT EnM 0' II I 13. VELTRI &SON LTD. (18T-84035) OAiE: APR14 1997 BRAWN BY: E.L pR95D!]7 14. BUTTERY 15. ROBERT R. CARRUTHERS DESIGNCD BY: D.e.C. DNA.NG No, SCALE: N.TS. CHECKED BY: D.E.C. H—C SCHEDULE "B" PLAN OF BENEFITING AREA -ITnll FI 1 e 1.� .I...t3[,{n , $ v;. i I F 14 { F z I� DURHAM CHRISTIAN .�l4SV�'YyV HIGH SCH00/. "C� W EL';}+`� - Tit a,�4 t.4 _ I � Ll n -1 o, \ — � -j+I+I+I-f-I-FI+I+I+I+�I )TflTfl'ITrTITrrITIT ITi- �` I '`_\ / ,�•,1 ok .l=�lfrl M CAD \)Y j f ry n E'J t L. ul y� LEGEND I �- ��n7 OWNER'S AREA LAND OWNERSHIP �LT7 tE N 1. 808886 ONTARIO LTD. FREDERSU AVENUE (18T-87089) BENEFITTING AREAS 2. P.J. CARRUTHERS I (18T-87085) �- E= w... H-D WORKS 3. ROBERT R. CARRUTHERS &E. G. SMITH L L L L- (18T-87086) msALL smEE 4. HALLOWAY HOLDINGS LTD. ID:°� T(18T-87087) ILTI� -II-- E_ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTDN 5. TOWCHESTER DEVELOPMENTS LTD. Public Wurks Deportment 6. V18T-82037 �'�'�-� NORTH BOWMANVILLE ELTRI & S N LTD. I ,-E„T r I-- (18T-88051) _I�Y L- STORMWATER MANAGEMENT PROJECT 7. LINCOLN HOLDINGS PICKERING LTD. t-11+ BENEFITTING AREAS n sni FOR H-D WORKS (1ST-89021) r_ B$J VALIANT TRUNK SEWER M7 TO MH4 8. 835607 ONTARIO LTD. nv� t= VA T MI-17 (1NNY&21) _ X11 LluJl�7 9. LANNY&JUDITH HARV COOPER J �_� srn�'cr • 11 as 10. WILLIAM &HARVEY COOPER & �� 1 QASSOClateSLtd.^ BARBARA JEAN KENNEDY c " I- 11. DONALD PRINS (IN TRUST) C (' 0L7 -T 1 (18T-89070) -'-nA couar uwr a, 12. ROKER PARK DEVELOPMENTS LTD. W�ONTMO LINreia 13. VELTRI &SON LTD. (coal u-ren (18T-84035) DATE APRIL.1997 DRAWN BY: E.L PROJECT No. 14. BUTTERY OEC 15. ROBERT R. CARRUTHERS DESIGNED By. D.E.C. DRAWNG No. SCALE: N.T.S. CHECKED BY; D.E.C. H—� SCHEDULE "B" PLAN OF BENEFITING AREA CIO_ g Pfd rN fl t M., ti zl �' L iu>•1`� I� a.i.91..� 3.1 LJ.��.ut�lr^.^l u,.7 v uf� 's,nw a � �I DURHAA/CHRISTIAN y HIGH SCHOOL 14 Al' 15 L_u MV ` `�n 1yl�l ,•'" IT IT IT IT,�IT IT I`l l 1111111111111 I l f I 'i �..5 �� y ' —• ieUr�Udb�d! in I MEAD EW BI�D. I I I I I r I � —. `a �` ~y 7` L F O U R T H 5 T R E E r T \+� 4-Y.I�L 1 ` A pt"k,: 4L I NOT - r�I�J � V R R\J o�� 1 -EXTERNAL PRE-DEVELOPMENT FLOW TO MH4 CONSIDERED \ - ��as NOT 2 AREA"5"SAME OWNERSHIP AS OWNERS AREA 4". LAND OWNERSHIP LEGEND ,, C.1�I'-- 1. 806886 ONTARIO LTD. FReDERrcu aY£ _ (7870 87084) �,F��- r�>� OWNER'S AREA 2. P.J. CARRUTHERS I "I-- (18T-87085) 2C�C � �-I t- BENEFITTING AREAS 3. ROBERT R. CARRUTHERS &E. G. SMITH L L L EOS ALL 5TREEr (18T-87086) r_nFFU_l-1'E:_t m�Er H-E WORKS 4. HALLOWAY HOLDINGS LTD. LT (18T-87087) I I -�N [_ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 5. TOWCHESTER DEVELOPMENTS LTD. Public Works Department 187-82037 ' R 1 L:-' k= NORTH BOWMANVILLE 6. VELTRI &SON LTD. IZ�T r r- (1870 88051) STORMWATER MANAGEMENT PROJECT 7. LINCOLN HOLDINGS PICKERING LTD. -I r.-"-'4--j f-_ BENEFITTING AREAS FOR H-E WORKS (1870 87021) 8. 835607 ONTARIO.LTD. fS- p ,"`vim E_ VALIANT TRUNK SEWER MH4 TO MH2 (18T-87021) *� 9. LANNY&JUDITH COOPER I E' o•oeu �1.1rna(� 10. BARBARA&HARVEY COOPER & II FFs'RiE' AAsSOCLBi-IeIS`Jµ�J~Ltd. BARBARA JEAN KENNEDY a (( I-� F"- - 11. DONALD PRINS (IN TRUST) \� C r- W St Vgn avm,-�rs (187-89070) vMIMY.ONTANO LIN en 12. ROKER PARK DEVELOPMENTS LTD. 13. VELTRI &SON LTD. (18T-84035) DAM: APRIL.1997 DRAWN BY: E.L PROJECT No. 14. BUTTERY 95007 15. ROBERT R. CARRUTHERS DESIGNED BY: D.E.C. DRAWING Na. SCALE: N.T.S- H-E CHECHED BY: D.E.C. SCHEDULE "B" PLAN OF BENEFITING AREA NO VIII I ' ct -fie a- Flj r'fl' l IT�I ITTI ti� x "� 4 m l' rwwl 4�4 IIRI j / L zl IWRHAM CHRISDAM ;' \.i /pp� x HIGH SCHOOL "•'c� W = TTI 1 }'`v�>',�r A:�' 5�1 "' "" Loy 1 r v ,f +1+1+I+I+I+I+ f 1 � : 11111�11111�1� I I yI•I. .7,. ` �..V I iLiliI ITITITITIY IT ITI 1`� I MIAO'{�-=W=Lw. o I_I L.---- rn — �u -�?i r --- U I<_ / �$� sl fi tj LEGEND LAND OWNERSHIP - J OWNER'S AREA 1. 806886 ONTARIO LTD. °Re°cRl`"AIfl (18T-87089) 6PF)L- 2. P.J. CARRUTHERS I !! r (1ar-87085) l��liM1 t i BENEFITTING AREAS 3. ROBERT R. CARRUTHERS &E. G. SMITH ELL L 1-J cos u —" (18T-87086) iT--T �r�c9 oY.�YYY.. H'F WORKS 4. HALLOWAY HOLDINGS LTD. 0 aE3f`,7�1T1 r (18T-87087) I�I� -� -, r_ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 5. TDWCHESTER DEVELOPMENTS LTD. '�:. 11 Public worxs Deportment 6. V1aT-azo37 �'HO," 1 C k= NORTH BOWMANVILLE ELTRI &SON LTD. I I r--T r STORMWATER MANAGEMENT PROJECT (18T-88051) _I I I F--i E- 7. LINCOLN HOLDINGS PICKERING LTD. 11+ r_ BEHEFlTTNC AREAS FOR H-F WORKS (18T-89021) C �'snl�o VALIANT TRUNK SEWER MH2 TO MH1 8. 835607 ONTARI® LTD. fl- (18T-87021) 9. LANNY &JUDITH COOPER o'ocu, ('�M 10. WILLIAM &HARVEY COOPER & (4 �_ sm_Fcr • BARBARA JEAN KENNEDY ✓- t �ASSOclateSLtd.° 11. DONALD PRINS(W TRUST) (�� �'� r' k&9�8 ? (1ST-89070) vNITBYl Wwlo ury en 12. ROKER PARK DEVELOPMENTS LTD. rF1 (.6 aas-re7x 13. VELTR4 &SON LTD. rAx sas .u-.1 (18T-84035) DATE: APRIL,1991 DRAWN BY: E. PROJECT No. 14. BUTTERY L 95007 15. ROBERT R. CARRUTHERS OMCNED BY: D.E.C. ORAVnec N�. SCALE: N.T.S. C CHECKED BY: D.E.C. H-I SC.THEDLTLE "C" LEGAL DESK ON OF RETAINED LANDS FIRSTLY;Parcel 12-1,Section Con-2 Newcastle Darlington(Bowmanville)being part of Lot 12, Concession 2, Geographic Township of Darlington, and Lots 3, 4, 5, 6, 7, g, 9, 10, 11, 12, 13 and 15 and Part of Lots 14 and 16 and Hambly Street and Part of Lord Elgin Street, both streets stopped up and closed by By-law 88-63 registered as Instrument No. 144750, all according to Hambly plan (by LH. Shortt) being a subdivision of Part of Lot 12, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan 10R-3652, save and except farts 1 and 2 on Plan 40R-16995 and the lands in Plan 40M-1852. SECONDLY; Parcels 129-1, 130-1 and 131-1, Section 40M-18.52 being Blocks 129, 130 and 131, Municipality of Clarington, Regional Municipality of Durham. SCHEDULE "E-1" LIST OF SERVICES TO BE INSTALLED BY OWNER The Services which the Owner will install under this Agreement and the Subdivision Agreement comprise: (1) H-A Works: storm sewer on the future Longworth Avenue from MH 1 on Middle Road up to and including the outlet headwall and slope stability works at Bowmanville Creek, and the channel realignment of Bowmanville Creek, and the Hockin area slope stability works; (2)H-B Works: storm sewer from the stub approximately 30 metres east of MH 52 on Goodwin Avenue to MH 7 on Laurelwood Street; (3)H-C Works: storm sewer from the stub approximately 24 metres north of MH 45 on future Honeyman Drive to MH 7 on Laurelwood Street; (4)H-D Works: storm sewer from and including MH 7 on Laurelwood Street to MH 4 on Longworth Avenue; (5) H-E Works: storm sewer from and including MH 4 on Laurelwood Street to MH 2 on Longworth Avenue; and(6)H-F Works: storm sewer from and including MH 2 on Laurelwood Avenue to MH 1 on Middle Road at Longworth Avenue. The Services are hereby deemed to be of benefit to the relevant Benefitting Area. The Works are more particularly described in the Engineering Drawings for these Works prepared by G. M. Sernas &Associates Limited(dwg. nos. 94010 P-101, P-102, P-106,P-108, P-109, P-112) dated May, 1996 as finally approved by and on file with the Director of Public Works. SCHEDULE T-3" IVY 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-4" CAPITAL GRANTS, SUBSIDIES OR OTHER CONTRIBUTIONS ANTICIPATED FROM OTHER GOVERNMENT AGENCIES None SCHEDULE"E-5" TOTAL AND ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES TOTAL AND ESTIMATED ITEM NET CAPITAL COST OF SERVICES 1. H-A WORKS TOTAL COST $1,9647300.00 2. ENGINEERING: $235,716.00 3. LEGAL COSTS: $1,500.00 4. MUNICIPAL INSPECTION FEES $49,107.50 5. ADMINISTRATION FEES $3,000.00 TOTAL $2,253,623.50 SCHEDULE"E-5" TOTAL AND ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES TOTAL AND ESTIMATED ITEM NET CAPITAL COST OF SERVICES 1. H-B WORKS OVERSIZING $98,383.29 2. ENGINEERING: $11,805.99 3. LEGAL COSTS: $1,500.00 4. MUNICIPAL INSPECTION FEES $2,105.40 5.ADMINISTRATION FEES $3,000.00 TOTAL $116,794.69 SCHEDULE"E-5" TOTAL AND ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES TOTAL AND ESTIMATED ITEM NET CAPITAL COST OF SERVICES 1. H-C WORKS OVERSIZING $65,841.92 2. ENGINEERING: $7,901.03 3. LEGAL COSTS: $1,500.00 4. MUNICIPAL INSPECTION FEES $2,633.68 5. ADMINISTRATION FEES $3,000.00 TOTAL $80,876.62 SCHEDULE"E-5" TOTAL AND ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES TOTAL AND ESTIMATED ITEM NET CAPITAL COST OF SERVICES 1. H-D WORKS OVERSIZING $35,299.30 2. ENGINEERING: $4,235.92 3. LEGAL COSTS: $1,500.00 4. MUNICIPAL INSPECTION FEES $755.41 5. ADMINISTRATION FEES $3,000.00 TOTAL $44,790.62 SCHEDULE"E-5" TOTAL AND ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES TOTAL AND ESTIMATED ITEM NET CAPITAL COST OF SERVICES 1. H-E WORKS OVERSIZING $83,939.36 2. ENGINEERING: $10,072.72 3. LEGAL COSTS: $1,500.00 4. MUNICIPAL INSPECTION FEES $1,796.30 5. ADMINISTRATION FEES $3,000.00 TOTAL $100,308.39 47 SCHEDULE"E-5" TOTAL AND ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES TOTAL AND ESTIMATED ITEM NET CAPITAL COST OF SERVICES 1. H-F WORKS OVERSIZING $12,026.80 2. ENGINEERING: $1,443.22 3. LEGAL COSTS: $1,500.00 4. MUNICIPAL INSPECTION FEES $257.37 5. ADMINISTRATION FEES $3,000.00 TOTAL $18,227.39 ' Y SCHEDULE "E-6" �y LIST OF SERVICES IN TAE AGREEMENT FOR WHICH A DEVELOPMENT CHARGE IS PAYABLE The Services which the Owner will waill under this Agreement and the Subdivision Agreemeat Camprise: (1)H A Works; storm wwor on the A==Longwonh Avenue from MH I on Nfiddle Read up to sod i:,ttd;n the oudet headwall and slope shinty works at Bowmanville Cram and the cbanod roopmeM dMow=w4Me Creek.and the Hockin area slope stability works;(2)H B Works:stoma MWW fives the stub appemdmaatdy 30 nteaza am ofMH 52 on Goodwin Avenue to MH 7 onIar retwood Street; (3)E,C Works:warm wove;from the SMb apprmximatelp 24 metres north of8M45 an funs;*Sony=Drive to MR 7 on Laiaelwood Street;(4)H-D Works: storm sewer em sod indad'mg MR 7 on La rdwood Suet to M8 4 on Longworth Avenue; (5)H E Works: warm sewer$om and Iacir ift MH 4 on Laudwood Street to MIK 2 on Longwor& Avww,ad(6)H-F Waft storm waver from and iocidne MR 2 on Laadwood Avenue to MH I on Middle Road at L.ongw az*AvM& TM gecvion am haeby deemed to be of benefit to the releom Benefit n Aces The Works are more pwmcd iy described in the Engmee rog Drawings for tW=Works prepared by G.M Sernas dt AssocWN T hdad(dwg nos.94010 P-101,P-102,P-106,8108,P-109,P-112)dated May, 1996 as SoaQy app vied by and on Me with the Director of Public Works. SCHEDULE "E-7" LIST OF SERVICES IN THE AGREEMENT WHICH ARE REFERRED TO IN SUBSECTION 3(7) OF THE ACT r None � �d SCHEDULE"E-8" MANNER OF CALCULATION OF PORTION OF FRONT-END PAYMENT TO BE MADE BY EACH BENEFITTING OWNER RESPECTING SERVICES SUMMARY OF AREAS CONTRIBUTING TO THE INSTALLATION OF SERVICES H-A WORKS AREA SHOWN ON PLANS IN SCHEDULE"B" HECTARES 1. 12.75 2. 5.33 3. 17.56 4. 32.19 5. 14.84 6. 8.19 7. 1.63 8. 16.34 9. 3.80 10. 4.36 11. 1.51 12. 2.26 13. 0.58 14. 2.24 15. 0.70 TOTAL GROUND AREA= 124.28 TOTAL ESTIMATED NET CAPITAL COST OF SERVICES= $2,253,624 COST OF SERVICES PER HECTARE= $18,133 The estimated Net Capital Cost of the Owner Services shown on Schedule"E-5"is$2,253,623.50.The total ground area of the Areas shown on the plans contained in Schedule"B"which contribute to the cost of the Owner Services is 124.28 hectares.The relevant Benefitting Area shown on the plans contained in Schedule"B" excluding the Owner's Lands is 92.09 hectares.The portion of the Front-end Payment(Recoverable)allocated to each Area within the relevant Benefitting Area excluding the Owner's Lands is the product achieved by multiplying the ground area of each such Area in hectares by the amount of$18,133.44. SUMMARY OF AREAS CONTRIBUTING TO THE INSTALLATION OF SERVICES H-B WORKS AREA SHOWN ON PLANS IN SCHEDULE"B" HECTARES 5. 0.69 8. 16.34 11. 1.51 TOTAL GROUND AREA= 18.54 TOTAL ESTIMATED NET CAPITAL COST OF SERVICES= $116,795 COST OF SERVICES PER HECTARE= $6,300 The estimated Net Capital Cost of the Owner Services shown on Schedule"E-5"is$116,794.69.The total ground area of the Areas shown on the plans contained in Schedule"B"which contribute to the cost of the Owner Services is 18.54 hectares. The relevant Benefitting Area shown on the plans contained in Schedule"B" excluding the Owner's Lands is 18.54 hectares. The portion of the Front-end Payment(Recoverable)allocated to each Area within the relevant Benefitting Area excluding the Owner's Lands is the product achieved by multiplying the ground area of each such Area in hectares by the amount of$6,299.61. SUMMARY OF AREAS CONTRIBUTING TO THE INSTALLATION OF SERVICES H-C WORKS AREA SHOWN ON PLANS IN SCHEDULE"B° HECTARES 10. 4.36 TOTAL GROUND AREA= 4.36 TOTAL ESTIMATED NET CAPITAL COST OF SERVICES= $80,877 COST OF SERVICES PER HECTARE= $18,550 The estimated Net Capital Cost of the Owner Services shown on Schedule"E-5"is$80,876.62.The total ground area of the Areas shown on the plans contained in Schedule"B"which contribute to the cost of the Owner Services is 4.36 hectares.The relevant Benefitting Area shown on the plans contained in Schedule"B" excluding the Owner's Lands is 4.36 hectares.The portion of the Front-end Payment(Recoverable)allocated to each Area within the relevant Benefitting Area excluding the Owner's Lands is the product achieved by multiplying the ground area of each such Area in hectares by the amount of$18,549.68. E-8 , SCHEDULE"E-8"(con't) MANNER OF CALCULATION OF PORTION OF FRONT-END PAYMENT TO BE MADE BY EACH BENEFITTING OWNER RESPECTING SERVICES SUMMARY OF AREAS CONTRIBUTING TO THE INSTALLATION OF SERVICES H-D WORKS AREA SHOWN ON PLANS IN SCHEDULE"B" HECTARES 5. 0.69 8. 16.34 10. 4.36 11. 1.51 TOTAL GROUND AREA= 22.90 TOTAL ESTIMATED NET CAPITAL COST OF SERVICES= $44,791 COST OF SERVICES PER HECTARE= $1,956 The estimated Net Capital Cost of the Owner Services shown on Schedule"E-5"is$44,790.62. The total ground area of the Areas shown on the plans contained in Schedule"B"which contribute to the cost of the Owner Services is 22.90 hectares. The relevant Benefitting Area shown on the plans contained in Schedule"B" excluding the Owner's Lands is 22.90 hectares.The portion of the Front-end Payment(Recoverable)allocated to each Area within the relevant Benefitting Area excluding the Owner's Lands is the product achieved by multiplying the ground area of each such Area in hectares by the amount of$1,955.92. SUMMARY OF AREAS CONTRIBUTING TO THE INSTALLATION OF SERVICES H-E WORKS AREA SHOWN ON PLANS IN SCHEDULE"B" HECTARES 5. 14.84 8. 16.34 10. 4.36 11. 1.51 TOTAL GROUND AREA= 37.05 TOTAL ESTIMATED NET CAPITAL COST OF SERVICES= $100,308 COST OF SERVICES PER HECTARE= $2,707 The estimated Net Capital Cost of the Owner Services shown on Schedule"E-5"is$100,308.39. The total ground area of the Areas shown on the plans contained in Schedule"B"which contribute to the cost of the Owner Services is 37.05 hectares.The relevant Benefitting Area shown on the plans contained in Schedule"B" excluding the Owner's Lands is 37.05 hectares.The portion of the Front-end Payment(Recoverable)allocated to each Area within the relevant Benefitting Area excluding the Owner's Lands is the product achieved by multiplying the ground area of each such Area in hectares by the amount of$2,707.38. SUMMARY OF AREAS CONTRIBUTING TO THE INSTALLATION OF SERVICES H-F WORKS AREA SHOWN ON PLANS IN SCHEDULE"B" HECTARES 5. 14.84 7. 1.63 8. 16.34 10. 4.36 11. 1.51 TOTAL GROUND AREA= 38.68 TOTAL ESTIMATED NET CAPITAL COST OF SERVICES= $18,227 COST OF SERVICES PER HECTARE= $471 The estimated Net Capital Cost of the Owner Services shown on Schedule"E-5"is$18,227.39. The total ground area of the Areas shown on the plans contained in Schedule"B"which contribute to the cost of the Owner Services is 38.68 hectares.The relevant Benefitting Area shown on the plans contained in Schedule"B" excluding the Owner's Lands is 38.68 hectares.The portion of the Front-end Payment(Recoverable)allocated to each Area within the relevant Benefitting Area excluding the Owner's Lands is the product achieved by multiplying the ground area of each such Area in hectares by the amount of$471.24. E-8 SCHEDULE "K" CALCULATION OF THE FRONT-END PAYMENT (RECOVERABLE) FOR THE SERVICES (RECOVERABLE). OWNER'S SHARE AND BENEFITING OWNERS' SHARES Y 4 f1w 63 SCHEDULE"L" ESTIMATED FRONT-END PAYMENT(RECOVERABLE) FOR THE SERVICES(RECOVERABLE),OWNER'S SHARE AND BENEFITTING OWNERS'SHARE H-A WORKS OWNER AMOUNT FRONT-END AREA OR TOTAL AREA OWNER'S BENEFITTING PER PAYMENT BENEFITTING CONTRIBUTING AREA AREA HECTARE (RECOVERABLE) OWNER ha ha ha $ S 1. 806886 ONTARIO LTD. 12.75 12.75 $18,133.44 $231,201.32 18T-87089 2: P.J.CARRUTHERS 5.33 5.33 $18,133.44 $96,651.22 18T-8708 3. ROBERT RUSSELL CARRUTHERS& 17.56 17.56 $18,133.44 $318,423.15 E.G.SMITH 1 ST-87086) 4. HALLOWAY HOLDINGS LTD. 32.19 32.19 18T-8708 ' 5. TOWCHESTER DEVELOPMENTS LTD. 14.84 14.84 $18,133.44 $269,100.20 1 ST-8203 6. VELTRI AND SON LTD.(18T-88051) 8.19 8.19 $18,133.44 $148,512.85 7. LINCOLN HOLDINGS PICKERING LTD. 1.63 1.63 $18,133.44 $29,557.50 18T-89021 8. 835607 ONTARIO INC. 16.34 16.34 $18,133.44 $296,300.35 (18T-87021) 9. LANNY&JUDITH COOPER 3.80 3.80 $18,133.44 $68,907.06 10. WILLIAM AND HARVEY COOPER& 4.36 4.36 $18,133.44 $79,061.78 BARBARA JEAN KENNEDY 11. DONALD PRINS(IN TRUST) 1.51 1.51 $18,133.44 $27,381.49 18T-89070 12. ROKER PARK DEVELOPMENTS LTD. 2.26 2.26 $18,133.44 $40,981.57 13. VELTRI AND SON LTD. 0.58 0.58 $18,133.44 $10,517.39 18T-84035 14. BUTTERY 2.24 2.24 $18,133.44 $40,618.90 15. ROBERT RUSSELL CARRUTHERS 0.70 0.70 $18,133.44 $12,693.41 TOTALS 124.28 32.19 92.09 - $1,669,908.18 SCHEDULE"L" ESTIMATED FRONT-END PAYMENT(RECOVERABLE) FOR THE SERVICES(RECOVERABLE). OWNER'S SHARE AND BENEFITTING OWNERS'SHARE H-B WORKS OWNER AMOUNT FRONT-END AREA OR TOTAL AREA OWNER'S BENEFIT-nNG PER PAYMENT BENEFITTING CONTRIBUTING AREA AREA HECTARE (RECOVERABLE) OWNER ha ha ha $ $ 4. HALLOWAY HOLDINGS LTD. 32.19 32.19 18T-8708 5. TOWCHESTER DEVELOPMENTS LTD. 0.69 0.69 $6,299.61 $4,346.73 18T-8203 8. 835607 ONTARIO INC. 16.34 16.34 $6,299.61 $102,935.55 1BT-8702 11. DONALD PRINS(IN TRUST) 1.51 1.51 $6,299.61 $9,512.40 18T-89070 --Tm TOTALS 50.73 32.19 18.54 - $116,794.69 SCHEDULE"L" ESTIMATED FRONT-END PAYMENT(RECOVERABLE) FOR THE SERVICES(RECOVERABLE).OWNER'S SHARE AND BENEFITTING OWNERS'SHARE H-C WORKS OWNER AMOUNT FRONT-END AREA OR TOTAL AREA OWNER'S BENEFITTING PER PAYMENT BENEFITTING CONTRIBUTING AREA AREA HECTARE (RECOVERABLE) OWNER ha (ha) (ha $ $ 4. HALLOWAY HOLDINGS LTD. 32.19 32.19 18T-8708 10. WILLIAM AND HARVEY COOPER& 4.36 4.36 $18,549.68 $80,876.62 BARBARA JEAN KENNEDY TOTALS 36.55 32.19 4.36 — $80,876.62 SCHEDULE"L" ESTIMATED FRONT-END PAYMENT(RECOVERABLE) FOR THE SERVICES(RECOVERABLE),OWNER'S SHARE AND BENEFITTING OWNERS'SHARE H-O WORKS OWNER AMOUNT FRONT-END AREA OR TOTAL AREA OWNER'S BENEFITTING PER PAYMENT BENEFITTING CONTRIBUTING AREA AREA HECTARE (RECOVERABLE) OWNER (ha) (ha)ha $ $ 4. HALLOWAY HOLDINGS LTD. 32.19 32.19 1 ST-8708 5. TOWCHESTER DEVELOPMENTS LTD. 0.69 0.69 $1,955.92 $1,349.59 1 ST-8203 8. 835607 ONTARIO INC. 16.34 16.34 $1,955.92 $31,959.77 1 ST-87021 10. WILLIAM AND HARVEY COOPER& 4.36 4.36 $1,955.92 $8,527.82 BARBARA JEAN KENNEDY 11. DONALD PRINS(IN TRUST) 1.51 1.51 $1,955.92 $2,953.44 1 ST-89070 TOTALS 55.09 32.19 22.90 $44,790.62 ,t e77 c SCHEDULE"L" ESTIMATED FRONT-END PAYMENT(RECOVERABLE) FOR THE SERVICES(RECOVERABLE).OWNER'S SHARE AND BENEFITTING OWNERS'SHARE H-E WORKS OWNER AMOUNT FRONT-END AREA OR TOTAL AREA OWNER'S BENEFITTING PER PAYMENT BENEFITTING CONTRIBUTING AREA AREA HECTARE (RECOVERABLE) OWNER ha ha ha $ $ 4. HALLOWAY HOLDINGS LTD. 32.19 32.19 18T-8708 5. TOWCHESTER DEVELOPMENTS LTD. 14.84 14.84 $2,707.38 $40,177.50 18T-8203 8. 835607 ONTARIO INC. 16.34 16.34 $2,707.38 $44,238.57 18T-87021 10, WILLIAM AND HARVEY COOPER 8, 4.36 4.36 $2,707.38 $11,804.17 BARBARA JEAN KENNEDY 11. DONALD PRINS(IN TRUST) 1.51 1.51 $2,707.38 $4,088.14 18T-89070 TOTALS 69.24 32.19 37.05 — $100,308.39 SCHEDULE"L" ESTIMATED FRONT-END PAYMENT(RECOVERABLE) FOR THE SERVICES(RECOVERABLE).OWNER'S SHARE AND BENEFITTING OWNERS'SHARE H-F WORKS OWNER AMOUNT FRONT-END AREA OR TOTAL AREA OWNER'S BENEFITTING PER PAYMENT BENEFITTING CONTRIBUTING AREA AREA HECTARE (RECOVERABLE) OWNER ha ha ha $ fel 4. HALLOWAY HOLDINGS LTD. 32.19 32.19 18T-8708 5. TOWCHESTER DEVELOPMENTS LTD. 14.84 14.84 $471.24 $6,993.13 18T-8203 7. LINCOLN HOLDINGS PICKERING LTD. 1.63 1.63 $471.24 $768.11 8516-89021 8. 8307 ONTARIO INC. 16.34 16.34 $471.24 $7,699.99 18T-87021 10. WILLIAM AND HARVEY COOPER& 4.36 4.36 $471.24 $2.054.59 BARBARA JEAN KENNEDY 11, DONALD PR-INS(IN TRUST) 1.51 1.51 $471.24 $711.57 18T-89070 TOTALS 70.87 32.19 38.68 — $18227.39 Province D o e u m e n t G e n e ra I Do Process Software Ltd. (416)322-6111 D Ontario Form 4—Land Registration Reform Act 7216 (1)Registry ❑ Land Titles ❑X (2) Page 1 of 16 pages (3)Property(s) Block Property identifie ��o _ OO Additional: X fp see Schedule ❑ (4)Nature of Document MUNICIPAL BY-LAW AUTHORIZING FRONT-ENDING AGREEMENT Section 24 of the Development Char es Act �-- (5)Consideration 'u O °—' N O t1) ts.l f ,r,- v CV = ; + Dollars$ !j " e—{ c a (6)Description cwt Q_ Municipality of Clarington U.v rn —' Regional Municipality of Durham LL c3o c as more particularly described in Schedule "1" attached J F7- New Property Identil*s L T3 ; SCHEDULE LEGAL DESCRIPTION FIRSTLY: Property Identifier Number: 266ys' Oo5-4 &r). Parcel 13-2, Section Con.2-(Bowmanville) Clarington being Part of Lots 13 and 14, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan lOR-3309. SECONDLY: Property Identifier Number: ;266S 5-0055-(,--r). Parcel Con. 2-13-6, Section Bowmanville being Part of Lots 13 and 14, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan 40R-14703 save and except Parts 4 and 5 on Plan 40R- 16392. -- --THIRDLY (Number 1) P.I.N. : 26615-0062 Parcel 13-1, Section Conc. 2 (Darlington) , being part of Lot 13, Concession 2, designated as that part of Part 1 on Plan 40R-14644 lying between Parts 1 & 2 on Plan 40R-16392 and Part 1 on Plan 40R-16632 in the Municipality of Clarington (formerly in the Township of Darlington) , Regional Municipality of Durham. K THIRDLY (Number 2) : P. I .N. : 26615-0064 Parcel 13-1, Section Conc. 2 (Darlington) , being part of Lot 13, Concession 2, designated as that part of Part 1 on Plan 40R-14644 lying south of Part 1 on Plan 40R-16632 in the Municipality of Clarington (formerly in the Township of Darlington) , Regional Municipality of Durham. THIRDLY (Number 3) P.I .N. : 26615-0061 Parcel 13-1, Section Conc. 2 (Darlington) , being part of Lot 13, Concession 2, designated as Part 1 on Plan 40R-16878 in the Municipality of Clarington (formerly in the Township of Darlington) , Regional Municipality of Durham. FOURTHLY: Property Identifier Number: Parcel 12-1, Section Con-2 Newcastle Darlington (Bowmanville) being Part of Lot 12, Concession 2, Geographic Township of Darlington, and Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 and Part of Lots 14 and 16 and Hambly Street and Part of Lord Elgin Street, both streets stopped up and closed by By-law 88-63 registered as Instrument No. 144750, all according to Hambly Plan (by L.H. Shortt) being a subdivision of Part of Lot 12, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan lOR-3652, save and except Parts 1 and 2 on Plan 40R 16995, . �r Plan 40M- 1852. FIFTHLY: Lot 1 Plan 40M-1852 P. I .N. : 26616-0139 Lot 2 Plan 40M-1852 P. I .N. : 26616-0138 ' Lot 3 Plan 40M-1852 P. I .N. : 26616-0137 ' Lot 4 Plan 40M-1852 P. I.N. : 26616-0136 Lot 5 Plan 40M-1852 P. I .N. : 26616-0135 Lot 6 Plan 40M-1852 P. I .Nti : 26616-0134 Lot 7 Plan 40M-1852 P. I .N. : 26616-0133 - Lot 8 Plan 40M-1852 P. I .N. : 26616-0132 Lot 9 Plan 40M-1852 P. I .N. : 26616-0131- Lot 10 Plan 40M-1852 P.I .N. : 26616-0130' Lot 11 Plan 40M-1852 P. I .N. : 26616-0129- Lot 12 Plan 40M-1852 P. I .N. : 26616-0128- Lot 13 Plan 40M-1852 P.I .N. : 26616-0127- Lot 14 Plan 40M-1852 P. I .N. : 26616-0126- Lot 15 Plan 40M-1852 P. I .N. : 26616-0125' Lot 16 Plan 40M-1852 P. I .N. : 26616-0124- Lot 17 Plan 40M-1852 P. I .N. : 26616-0123- Lot 18 Plan 40M-1852 P. I .N. : 26616-0122' Lot 19 Plan 40M-1852 P. I .N. : 26616-0121' Lot 20 Plan 40M-1852 P. I .N. : 26616-0120- Lot 21 Plan 40M-1852 P. I .N. : 26616-0119- Lot 22 Plan 40M-1852 P. I .N. : 26616-0118 Lot 23 Plan 40M-1852 P. I .N. : 26616-01171 Lot 24 Plan 40M-1852 P.I .N. : 26616-0116 Lot 25 Plan 40M-1852 P. I .N. : 26616-0115' Lot 26 Plan 40M-1852 P. I .N. : 26616-0114`' Lot 27 Plan 40M-1852 P. I .N. : 26616-0113 Part of Lot 28 Plan 40M-1852 P. I .N. : 26616-0529- Part of Lot 28 Plan 40M-1852 P. I .N. : 26616-0067 Part of Lot 29 Plan 40M-1852 P. I .N. : 26616-0528- Part of Lot 29 Plan 40M-1852 P. I .N. : 26616-0066. Part of Lot 30 Plan 40M-1852 P. I .N. : 26616-0527- Part of Lot 30 Plan 40M-1852 P. I .N. : 26616-0065- Part of Lot 31 Plan 40M-1852 P. I .N. : 26616-0526- Part of Lot 31 Plan 40M-1852 P.I .N. : 26616-0064- Part of Lot 32 Plan 40M-1852 P. I .N. : 26616-0525- Part of Lot 32 Plan 40M-1852 P. I .N. : 26616-0063 Part of Lot 33 Plan 40M-1852 P. I .N. : 26616-0645 - Part of Lot 33 Plan 40M-1852 P. I .N. : 26616-0062 Part of Lot 34 Plan 40M-1852 P.I .N. : 26616-0061' Part of Lot 34 Plan 40M-1852 P. I .N. : 26616-0524- Part of Lot 35 Plan 40M-1852 P. I .N. : 26616-0523- Part of Lot 35 Plan 40M-1852 P. I .N. : 26616-0060- Part of Lot 36 Plan 40M-1852 P. I .N. : 26616-0522- Part of Lot 36 Plan 40M-1852 P. I .N. : 26616-0059 - Part of Lot 37 Plan 40M-1852 P. I .N. : 26616-0058- Part of Lot 37 Plan 40M-1852 P. I .N. : 26616-0521- Part of Lot 38 Plan 40M-1852 P. I .N. : 26616-0520 Part of Lot 38 Plan 40M-1852 P. I .N. : 26616-0057- Part of Lot 39 Plan 40M-1852 P. I .N. : 26616-0056 Part of Lot 39 Plan 40M-1852 P. I .N. : 26616-0519 ' Part of Lot 40 Plan 40M-1852 P. I .N. : 26616-0055 Schedule 12 ' - Fifthly continued Part of Lot 40 Plan 40M-1852 P.I .N. : 26616-0518 -1 Part of Lot 41 Plan 40M-1852 P. I .N. : 26616-0517 - Part of Lot 41 Plan 40M-1852 P. I .N. : 26616-0054 Part of Lot 42 Plan 40M-1852 P. I .N. : 26616-0053 Part of Lot 42 Plan 40M-1852 P. I .N. : 26616-0516- Lot 43 Plan 40M-1852 P.I .N. : 26616-0051 Lot 44 Plan 40M-1852 P. I.N,, : 26616-0050 Lot 45 Plan 40M-1852 P. I .N. : 26616-0047 Lot 46 Plan 40M-1852 P.I .N. : 26616-0048 Lot 47 Plan 40M-1852 P. I .N. : 26616-0049 Part of Lot 48 Plan 40M-1852 P.I .N. : 26616-0639- Part of Lot 48 Plan 40M-1852 P. I .N. : 26616-0094 Part of Lot 49 Plan 40M-1852 P.I .N. : 26616-0093 Part of Lot 49 Plan 40M-1852 P. I .N. : 26616-0515 Part of Lot 50 Plan 40M-1852 P. I .N. : 26616-0514 - Part of Lot 50 Plan 40M-1852 P. I .N. : 26616-0077 Part of Lot 51 Plan 40M-1852 P. I .N. : 26616-0513- Part of Lot 51 Plan 40M-1852 P. I .N. : 26616-0076 Part of Lot 52 Plan 40M-1852 P. I .N. : 26616-0512 Part of Lot 52 Plan 40M-1852 P. I .N. : 26616-0075 Part of Lot 53 Plan 40M-1852 P. I .N. : 26616-0511 Part of Lot 53 Plan 40M-1852 P. I .N. : 26616-0074 Part of Lot 54 Plan 40M-1852 P. I .N. : 26616-0510- Part of Lot 54 Plan 40M-1852 P. I .N. : 26616-0073 Part of Lot 55 Plan 40M-1852 P. I .N. : 26616-0509- Part of Lot 55 Plan 40M-1852 P. I .N. : 26616-0072 Part of Lot 56 Plan 40M-1852 P. I .N. : 26616-0071 Part of Lot 56 Plan 40M-1852 P. I .N. : 26616-0640 --' Part of Lot 57 Plan 40M-1852 P. I .N. : 26616-0508 - Part of Lot 57 Plan 40M-1852 P. I .N. : 26616-0070 Part of Lot 58 Plan 40M-1852 P. I .N. : 26616-0507c Part of Lot 58 Plan 40M-1852 P. I .N. : 26616-0069 Part of Lot 59 Plan 40M-1852 P. I .N. : 26616-0650 Part of Lot 59 Plan 40M-1852 P. I .N. : 26616-0083 Part of Lot 60 Plan 40M-1852 P..I .N. : 26616-0506- Part of Lot 60 Plan 40M-1852 P. I .N. : 26616-0082 Part of Lot 61 Plan 40M-1852 P. I .N. : 26616-0505- Part of Lot 61 Plan 40M-1852 P. I .N. : 26616-0081 Part of Lot 62 Plan 40M-1852 P.I .N. : 26616-0080 Part of Lot 62 Plan 40M-1852 P. I .N. : 26616-0638- Part of Lot 63 Plan 40M-1852 P. I .N. : 26616-0504 Part of Lot 63 Plan 40M-1852 P. I .N. : 26616-0079 Part of Lot 64 Plan 40M-1852 P. I .N. : 26616-0503- Part of Lot 64 Plan 40M-1852 P. I .N. : 26616-0078 Part of Lot 65 Plan 40M-1852 P. I .N. : 26616-0502- Part of Lot 65 Plan 40M-1852 . P. I .N. : 26616-0092 Part of Lot 66 Plan 40M-1852 P. I .N. : 26616-0501 - Part of Lot 66 Plan 40M-1852 P. I .N. : 26616-0091 Part of Lot :67 Plan 40M-1852 P. I .N. : 26616-0500 - Part of Lot 67 Plan 40M-1852 P. I .N. : 26616-0090 Part of Lot 68 Plan 40M-1852 P.I .N. : 26616-0499 " Schedule 12 ' - Fifthly continued Part of Lot 68 Plan 40M-1852 P. I .N. : 26616-0089' Part of Lot 69 Plan 40M-1852 P. I .N. : 26616-0498-1 Part of Lot 69 Plan 40M-1852 P.I .N. : 26616-0088 Part of Lot 70 Plan 40M-1852 P. I .N. : 26616-0497, Part of Lot 70 Plan 40M-1852 P.I .N. : 26616-0087 Part of Lot 71 Plan 40M-1852 P. I .N. : 26616-0496' Part of Lot 71 Plan 40M-1852 P.I.N,I: 26616-0086- Part of Lot 72 Plan 40M-1852 P.I .N. : 26616-0495' Part of Lot 72 Plan 40M-1852 P. I .N. : 26616-0085, Lot 73 Plan 40M-1852 P.I .N. : 26616-0109 Lot 74 Plan 40M-1852 P. I .N. : 26616-0108 , Lot 75 Plan 40M-1852 P. I .N, : 26616-0107 Lot 76 Plan 40M-1852 P.I .N. : 26616-0106- Lot 77 Plan 40M-1852 P. I .N. : 26616-0105' Lot 78 Plan 40M-1852 P. I .N. : 26616-0104 , Lot 79 Plan 40M-1852 P. I .N. : 26616-0103 • Lot 80 Plan 40M-1852 P. I .N. : 26616-0102 , Lot 81 Plan 40M-1852 P. I .N. : 26616-0101 Lot 82 Plan 40M-1852 P. I .N. : 26616-0100 , Lot 83 Plan 40M-1852 P.I .N. : 26616-0099-' Lot 84 Plan 40M-1852 P. I .N. : 26616-0098 , Lot 85 Plan 40M-1852 P. I .N. : 26616-0097 ' Lot 86 Plan 40M-1852 P. I .N. : 26616-0096 ' Lot 87 Plan 40M-1852 P. I .N. : 26616-0095- Lot 88 Plan 40M-1852 P.I .N. : 26616-0043- Lot 89 Plan 40M-1852 P.I .N. : 26616-0042 ' Lot 90 Plan 40M-1852 P.I .N. : 26616-0041' Lot 91 Plan 40M-1852 P. I .N. : 26616-0040'- Lot 92 Plan 40M-1852 P. I .N. : 26616-0039 Lot 93 Plan 40M-1852 P. I .N. : 26616-0038; Lot 94 Plan 40M-1852 P. I .N. : 26616-0037K Lot 95 Plan 40M-1852 P.I .N. : 26616-0036 Lot 96 Plan 40M-1852 P.I .N. : 26616-0035' Lot 97 Plan 40M-1852 P. I .N. : 26616-0034' Lot 98 Plan 40M-1852 P.I .N. : 26616-0033 ' Lot 99 Plan 40M-1852 P. I .N. : 26616-0031, Lot 100 Plan 40M-1852 P.I .N. : 26616-0030, Lot 101 Plan 40M-1852 P. I .N. : 26616-0029' Lot 102 Plan 40M-1852 P. I.N. : 26616-0028- Lot 103 Plan 40M-1852 P.I .N. : 26616-0027- Lot 104 Plan 40M-1852 P. I .N. : 26616-0026- Lot 105 Plan 40M-1852 P. I .N. : 26616-0025- Lot 106 Plan 40M-1852 P. I .N. : 26616-0024' Lot 107 Plan 40M-1852 P.I .N. : 26616-0023' Lot 108 Plan 40M-1852 P.I .N. : 26616-0022' Lot 109 Plan 40M-1852 P.I.N. : 26616-0020 Lot 110 Plan 40M-1852 P. I .N. : 26616-0019 Lot 111 Plan 40M-1852 P. I .N. : 26616-0018 - . Lot 112 Plan 40M-1852 P.I .N. : 26616-0017' Lot 113 Plan 40M-1852 P.I .N. : 26616-0016 • Lot 114 Plan 40M-1852 P. I .N. : 26616-0015 Schedule 12 ' - Fifthly continued Lot 115 Plan 40M-1852 P. I .N. : 26616-0614 Lot 116 Plan 40M-1852 P. I .N. : 26616-0013 a . . . . 3 R1 Ook 33$ Wan 49H 1852 „. , .*,.--63:6 31-' -�,,Bleeje 349 Plan 4eM . . - r . . 26616-0143 6 . . 26616 e!44- 7 Bleak` Block 123 Plan 40M-1852 P. I . T. : 26616-0146- Part of Block 124 Plan 40M-1852 P.I .N. : 26616-0643' Part of Block 124 Plan 40M-1852 P. I .N. : 26616-0642 Part of Block 124 Plan 40M-1852 P. I .N, : 26616-0641 Part of Block 124 Plan 40M-1852 P.I .N. :. 26616-0148 - Part of Block 124 Plan 40M-1852 P.I .N. : 26616-0494 Part of Block 125 Plan 40M-1852 P. I .N. : 26616-0659- Part of Block 125 Plan 40M-1852 P. I .N. : 26616-0664 Part of Block 125 Plan 40M-1852 P.I .N. : 26616-0661- Part of Block 125 Plan 40M-1852 P.I .N. : 26616-0662' Part of Block 125 Plan 40M-1852 P. I .N. : 26616-0660- Part of Block 125 Plan 40M-1852 P.I .N. : 26616-0663 Part of Block 127 Plan 40M-1852 P. I .N. : 26616-0670 Part of Block 127 Plan 40M-1852 P. I .N. : 26616-0672-- g . . Part of Block 127 Plan 40M-1852 P.I .N. : 26616-0671' Bleek 128 Plan 46M 1852 P. I .N. . Municipality of Clarington, Regional Municipality of Durham. i SIXTHLY: Block 129 Plan 40M-1852 P. I .N. : 26616-0153 - Block 130 Plan 40M-1852 P. I .N. : 26616-0044-- Block 131 Plan 40M-1852 P. I .N. : 26616-0046 Municipality of Clarington, Regional Municipality of Durham. y 4 j,2� , 4ow tt52 -266% -064-5- "Fart S96, 40 K• J-16 2 P• t. z. X6616- o66G --F- y2-6 , 4o M• Pa S2 . M.= 26616 -066 Y i�2w t Z, 4o K P5!5 2 2 6616- o6 6s 1�ax+- �(s�ck fib, 4 h -1-B5.2 'i?I, tom. 26616 - o669-o 6 r Y, P42T (3c-0 c,•? I26� 4om- )?S:Z P /-V. 26616 - ob85 PAR7r d1_acK l-al, q-0 T1. PI-N. A66/6 0676 P/;IR7 BCOU( l/3 PG��/ yowl-iz?SZ P/rt/. 24416- NO q�f PART 6LDGK 1/1 11MV 4OM- 1952 P/.N. 26616 - 0�9 0 PM-r BLOGK 117- PLhAl YOM-JSSX P1.N. 26,416 - p,qRT BLOCK 119 PLAN yoM-1851 r?i-N 2b6Jb PARTOLDCA ll`71'1-AN 4OM'18S2 PI.N. 2LLIb PRR7 QLOCK 11-t PLAN +OM-18S2 l N. 2b6/b P)gAI suv ll8 PLlmJ -V61v-1F52 1.1d. 266/6 - od-9 PART BLDCk /l8 PLAn/ 4vM- 1 52 /?l.N 266/b - db8r7 PART a3[-ncx 11.2 Pl-AW 44,6rn.lA052 P/lu PART c3LOcu 1/9) /PLAN MM-1852 P//U 266/6 - 6682 PHRT LLocK ll8 AMIV IoM-1852 PlN 26616 - 2633 /',117 BLOCK /l9 PLAN WM-1852 P/n/ ?66/6 - ob97- PAkT /17 PLRnl 4OM-1252. Pill .2bblb- 6688 PART 6trnc.K 119 PL(i n) 14oM-1852 PIN 266/b - a 689 54-, Png7 ©LDcx ao Pl-glu �,v m- 1852. Pml 26616 - a 6 ? 4 PA47 J3Lac.K /20 /M.,V 56M-1952 P)N 2-6,61,6 - D 9',? MAT j3t oue 1.2Cl PL1941 W M-XS z PIN .266/b - 0 b e/ 9 1'ARy aac.,< 121 PvmJ Siam-1 52 ,Pj v ,26616 - 6 :7-o 6 MR QLOC/e /2l PLAN 9,6M-1951 P1N 26616- 0 7O 1 PAR7 BZZC k III PL A it) 46M-19'52. Pin) 2,6,616- 67,02- PAR7 24ocrY 121 PLAN 4M M-1852 P/,v 26616 - 6-�D 3 P1997 /3C.6CX 122 PLAN S-OM- 1952 P/n/ 22I616 - b 7-v 8 PfJR7 6LbLk 127 PLAM giOM- 19S2 Plnl 2,6616 - a -;LO 7 9A FRO L3Loc.k lad PL/9,J W M-195z PI N 26616 - 06 90 PART BLOCK /27 PMAI Sib M- 19S2 P/N 26616 - Obgl 9 19997 2166A 128 PL11et1 �OM-185z P/N X66/6 - 06�L� Al 49T QLOc.K J29 PLA10 (AaM-185a 1911v 266/6- x675 Pj9RT 846ue JZ8 PL 1-)/y AoM- /856 P/N 26616- 06?6 PA97 /3LDcj,, l2a9 PLAN (AArnlr5l P//L/ .266/6- 66 7� PART 3Loc-k 128 /9 A) S,6f�/gSa P/lv 166/6 - bb 8 SEVENTHLY: Property Identifier Number: 20616- 033 (1--r) Parcel 11-2, Section Con.2 Newcastle (Bowmanville) being Part of Lot 11, Concession 2, Geographic Township of Darlington and Part of Lots 14 and 16, all according to Hambly Plan (by L.H. Shortt) being a subdivision of Part of Lot 12, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan IOR-3416, save and except Parts 1 and 2 on Plan 40R-16993 and the lands in Plan 1OM- 835. D&OI in Pla•, 40)1-S4 SS EIGHTHLY: Property Identifier Number: Parcel 13-1, Section Con.2 Darlington (Bowmanville) being Part of Lot 13, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan IOR-658. NINETHLY: Property Identifier Number: 266 'd1v K Parcel 5-1, Section Block 9, Hanning's Plan (Bowmanville) being Part of Lot 5, Block 9 on Hanning's Plan being a subdivision of Part of Lot 12, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Parts 1, 5 fjiv0 10 6 inclusive on Plan 40R-13800. TENTHLY: Property Identifier Number: �f Parcel 11-1, Section Con.2 Township Darlington (Bowmanville) being Part of Lot 11, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Parts 1 and 2 on Plan IOR-442. ELEVENTHLY: Property Identifier Number: o2at( -000.1 Parcel 12-3, Section Con.2-(Bowmanville) Clarington being Part of Lot 12, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan IOR-3715. . 2 Schedule %W -3- Parcel 11-1, Section Con.2 Township Darlin anville) being Part of Lot 11, Concession 2, Geographic Town arlington, Municipality of Clarington, Regional Municipality of T.v E-L F7'11L y f Property Identifier Number: X 615- ocssr Parcel Con. 2-134, Section Darlington being Part of Lot 13, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan 40R-16392. 781/ T6-&AJTH6-y N. 266/6- a6 51�7 &1- 5-72 SEC RLOCK 9 1-1,q1tJ1V1,VPS P7 LT 5, l3vh q 0/0 C•GNAiUA)iA)6-'S PLAN T37UXj1G 1%41-,I Y )F C L 19,e)k 176 �Q��/ditl fj� �UIU1c//�19L�7�f d P Du?fIfil 1, P7S. 2 3 -13840; K THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-91 being a By-law to authorize the making of a front-ending agreement between the Municipality of Clarington and Halloway Holdings Ltd. 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 Halloway Holdings Ltd. under Part II of the Development Charges Act R.S.O. 1990 c.D.9 respecting the services referred to in a report entitled North Bowmanville Stormwater Management Project and Storm Trunk Sewers, 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. ww MAYOR lK GERTIFI . POF COPY l Town Clerk Province Do Process Software Ltd. ( )416 322-6111 Of DocumentraGeneral 7216 p (1)Registry ❑ Land Titles ❑X T(2) Page 1 of pages (3)Property Block Property Identifier(s) Additional: See Schedule, ❑ (4)Nature of Document NOTICE OF FRONT-ENDING AGREEMENT Section 24 of the Development Charges Act (5)Consideration Q_Z _ w LV `` a Dollars$ (6)Description E Municipality of Clarington c+s p CL- ` Regional Municipality of Durham LL 0 LLI s--� as more particularly described in Schedule 11111 attached `t co O L-- �•3�, � �i-�-r �1rv'.'°"gyp_ : New Property Identifi �.. U C) S eition Schedule ❑ Executions (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement Additional See Contains: Schedule ❑ Plan/Sketch ❑ Description 0 Parties ❑ Other (9)This Document provides as follows: f 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 t 5 1- day of pe a .,5e,, as Instrument No. LT %r 7 ti 3 cL c6 fgkr By-law No. 97-91 referred to in Recital H in the attached agreement was registered on the 3l-JJ-day of as Instrument No. LT S9' Continued on Schedule ❑ (9)This Document relates to instrument number(s) (10)Party(ies) (Set out Status or Interest) Names) Signature(s) Date of Signature Y M D H ..CQS? TQ1Y.S?k'.T .MIINLI_PA> ITX.Qk' = ? - .... CLARINGTON 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 SignID Y M ---°--•--••...................................................••---•---.........---_...---••-•---.....------------ -•--°--------.........•-------°--......••----------.........••°------..........r-.................... ..---°................................•-------........--------......---°-----••---................---.....-----•. .....--•---°-.....---------------......°-----------......_..-•----------................._...•.... ....-•---°..................................................................•-----•--....._...---••-----••--•-•-•. -•----------........_._........•-----------•------------------_...................L..-------- (13) Address for Service (14)Municipal Address of Property (15)Document Prepared by: J Fees and Tax p Registration Fee Nicholas T. Macos W Barrister& Solicitor `n 130 Adelaide Street West W Suite 2500 U_ Toronto, Ontario ° M5H 2M2 ° Total Document prepared using the Conveyancer HED ULE111,of LEGAL DESCRIPTION FIRSTLY: Property Identifier Number: ZW65 - 0054 6-0, Parcel 13-2, Section Con.2-(Bowmanville) Clarington being Part of Lots 13 and 14, Concession, 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan IOR-3309. SECONDLY: Property Identifier Number: Parcel Con. 2-13-6, Section Bowmanville being Part of Lots 13 and 14, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan 40R-14703 save and except Parts 4 and 5 on Plan 40R- 16392. P.I .N. : 26615-0062 Parcel 13-1, Section Conc. 2 (Darlington) , being part of Lot 13, Concession 2, designated as that part of Part 1 on Plan 40R-14644 lying between Parts 1 & 2 on Plan 40R-16392 and Part 1 on Plan 40R-16632 in the Municipality of Clarington (formerly in the Township of Darlington) , Regional Municipality of Durham. K THIRDLY (Number 2) : P.I .N. : 26615-0064 Parcel 13-1, Section Conc. 2 (Darlington) , being part of Lot 13, Concession 2, designated as that part of Part 1 on Plan 40R-14644 lying south of Part 1 on Plan 40R-16632 in the Municipality of Clarington (formerly in the Township of Darlington) , Regional Municipality of Durham. THIRDLY (Number 3) P. I .N. : 26615-0061 Parcel 13-1, Section Conc. 2 (Darlington) , being part of Lot 13, Concession 2, designated as Part 1 on Plan 40R-16878 in the Municipality of Clarington (formerly in the Township of Darlington) , Regional Municipality of Durham. FOURTHLY: Property Identifier Number a2�o 616 -000 CST,. Parcel 162-1, Section Con.2 Newcastle Darlington (Bowmanville) being Part of Lot 12, Concession 2, Geographic Township of Darlington, and Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 and Part of Lots 14 and 16 and Hambly Street and Part of Lord Elgin Street, both streets stopped up and closed by By-law 88-63 registered as Instrument No. 144750, all according to Hambly Plan (by L.H. Shord) being a subdivision of Part of Lot 12, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan IOR-3652, save and except Parts 1 and 2 on Plan 40R-16995,r Plan 40M- 1852. 1 a ` r FIFTHLY: Lot 1 Plan 40M-1852 P. I .N. : 26616-0139 Lot 2 Plan 40M-1852 P. I .N. : 26616-0138 Lot 3 Plan 40M-1852 P. I .N. : 26616-0137 Lot 4 Plan 40M-1852 P. I.N. : 26616-0136 Lot 5 Plan 40M-1852 P. I .N. : 26616-0135 Lot 6 Plan 40M-1852 P. I .Nti : 26616-0134 Lot 7 Plan 40M-1852 P. I .N. : 26616-0133 Lot 8 Plan 40M-1852 P. I .N. : 26616-0132 Lot 9 Plan 40M-1852 P.I .N. : 26616-0131 Lot 10 Plan 40M-1852 P. I.N. : 26616-0130 Lot 11 Plan 40M-1852 P.I .N. : 26616-0129 Lot 12 Plan 40M-1852 P. I .N. : 26616-0128 Lot 13 Plan 40M-1852 P. I .N. : 26616-0127 Lot 14 Plan 40M-1852 P. I .N. : 26616-0126 Lot 15 Plan 40M-1852 P. I .N. : 26616-0125 Lot 16 Plan 40M-1852 P. I .N. : 26616-0124 Lot 17 Plan 40M-1852 P. I .N. : 26616-0123 Lot 18 Plan 40M-1852 P. I .N. : 26616-0122 Lot 19 Plan 40M-1852 P.I .N. : 26616-0121 Lot 20 Plan 40M-1852 P. I.N. : 26616-0120 Lot 21 Plan 40M-1852 P. I .N. : 26616-0119 Lot 22 Plan 40M-1852 P. I .N. : 26616-0118 Lot 23 Plan 40M-1852 P. I .N. : 26616-0117 Lot 24 Plan 40M-1852 P. I .N. : 26616-0116 Lot 25 Plan 40M-1852 P. I .N. : 26616-0115 Lot 26 Plan 40M-1852 P.I .N. : 26616-0114 Lot 27 Plan 40M-1852 P. I .N. : 26616-0113 - Part of Lot 28 Plan 40M-1852 P. I .N: : 26616-0529- Part of Lot 28 Plan 40M-1852 P. I .N. : 26616-00671 Part of Lot 29 Plan 40M-1852 P. I .N. : 26616-05281- Part of Lot 29 Plan 40M-1852 P. I .N. : 26616-0066- Part of Lot 30 Plan 40M-1852 P. I .N. : 26616-0527- Part of Lot 30 Plan 40M-1852 P. I .N. : 26616-0065- Part of Lot 31 Plan 40M-1852 P. I .N. : 26616-0526- Part of Lot 31 Plan 40M-1852 P. I .N. : 26616-0064- Part of Lot 32 Plan 40M-1852 P. I .N. : 26616-0525 Part of Lot 32 Plan 40M-1852 P.I .N. : 26616-0063 Part of Lot 33 Plan 40M-1852 P. I .N. : 26616-0645 - Part of Lot 33 Plan 40M-1852 P. I .N. : 26616-0062 - Part of Lot 34 Plan 40M-1852 P. I .N. : 26616-0061 Part of Lot 34 Plan 40M-1852 P.I .N. : 26616-0524- Part of Lot 35 Plan 40M-1852 P. I .N. : 26616-0523- Part of Lot 35 Plan 40M-1852 P. I .N. : 26616-0060- Part of Lot 36 Plan 40M-1852 P. I .N. : 26616-0522- Part of Lot 36 Plan 40M-1852 P. I .N. : 26616-0059 - Part of Lot 37 Plan 40M-1852 P. I .N. : 26616-0058 Part of Lot 37 Plan 40M-1852 P. I .N. : 26616-0521 Part of Lot 38 Plan 40M-1852 P. I .N. : 26616-0520 - Part of Lot 38 Plan 40M-1852 P. I .N. : 26616-0057 Part of Lot 39 Plan 40M-1852 P. I .N. : 26616-0056 - Part of Lot 39 Plan 40M-1852 P. I .N. : 26616-0519 Part of Lot 40 Plan 40M-1852 P. I .N. : 26616-0055- ,, Schedule 12 , - Fifthly continued Part of Lot 40 Plan 40M-1852 P. I .N. : 26616-0518 --,*" Part of Lot 41 Plan 40M-1852 P. I .N. : 26616-0517 - Part of Lot 41 Plan 40M-1852 P. I .N. : 26616-0054 Part of Lot 42 Plan 40M-1852 P. I .N. : 26616-0053 Part of Lot 42 Plan 40M-1852 P. I .N. : 26616-0516- Lot 43 Plan 40M-1852 P. I .N. : 26616-0051 Lot 44 Plan 40M-1852 P. I.N�, : 26616-0050 Lot 45 Plan 40M-1852 P. I .N. : 26616-0047 Lot 46 Plan 40M-1852 P. I .N. : 26616-0048 Lot 47 Plan 40M-1852 P. I .N. : 26616-0049 Part of Lot 48 Plan 40M-1852 P. I .N. : 26616-0639 Part of Lot 48 Plan 40M-1852 P. I .N. : 26616-0094 Part of Lot 49 Plan 40M-1852 P. I .N. : 26616-0093 Part of Lot 49 Plan 40M-1852 P. I .N. : 26616-0515 Part of Lot 50 Plan 40M-1852 P. I .N. : 26616-0514 - Part of Lot 50 Plan 40M-1852 P. I .N. : 26616-0077 Part of Lot 51 Plan 40M-1852 P. I .N. : 26616-0513- Part of Lot 51 Plan 40M-1852 P. I .N. : 26616-0076 Part of Lot 52 Plan 40M-1852 P. I .N. : 26616-0512 Part of Lot 52 Plan 40M-1852 P. I .N. : 26616-0075 Part of Lot 53 Plan 40M-1852 P. I .N. : 26616-0511- Part of Lot 53 Plan 40M-1852 P. I .N. : 26616-0074 Part of Lot 54 Plan 40M-1852 P. I .N. : 26616-0510- Part of Lot 54 Plan 40M-1852 P. I .N. : 26616-0073 Part of Lot 55 Plan 40M-1852 P. I .N. : 26616-0509-- Part of Lot 55 Plan 40M-1852 P.I .N. : 26616-0072 Part of Lot 56 Plan 40M-1852 P. I .N. : 26616-0071 Part of Lot 56 Plan 40M-1852 P. I .N. : 26616-0640 - Part of Lot 57 Plan 40M-1852 P. I .N. : 26616-0508- Part of Lot 57 Plan 40M-1852 P. I .N. : 26616-0070 Part of Lot 58 Plan 40M-1852 P. I .N. : 26616-0507,- Part of Lot 58 Plan 40M-1852 P. I .N. : 26616-0069 Part of Lot 59 Plan 40M-1852 P. I .N. : 26616-0650 Part of Lot 59 Plan 40M-1852 P. I.N. : 26616-0083 Part of Lot 60 Plan 40M-1852 P. I .N. : 26616-0506 Part of Lot 60 Plan 40M-1852 P. I .N. : 26616-0082 Part of Lot 61 Plan 40M-1852 P. I .N. : 26616-0505- Part of Lot 61 Plan 40M-1852 P. I .N. : 26616-0081 Part of Lot 62 Plan 40M-1852 P. I .N. : 26616-0080 Part of Lot 62 Plan 40M-1852 P. I .N. : 26616-0638- Part of Lot 63 Plan 40M-1852 P.I .N. : 26616-0504 Part of Lot 63 Plan 40M-1852 P. I .N. : 26616-0079 Part of Lot 64 Plan 40M-1852 P. I .N. : 26616-0503- Part of Lot 64 Plan 40M-1852 P. I .N. : 26616-0078 Part of Lot 65 Plan 40M-1852 P.I .N. : 26616-0502- Part of Lot 65 Plan 40M-1852 P. I .N. : 26616-0092 Part of Lot 66 Plan 40M-1852 P. I .N. : 26616-0501 - Part of Lot 66 Plan 40M-1852 P. I .N. : 26616-0091 Part of Lot :67 Plan 40M-1852 P.I .N. : 26616-0500 - Part of Lot 67 Plan 40M-1852 P. I .N. : 26616-0090 Part of Lot 68 Plan 40M-1852 P. I .N. : 26616-0499" Schedule 12 ' - Fifthly continued Part of Lot 68 Plan 40M-1852 P. I .N. : 26616-0089 Part of Lot 69 Plan 40M-1852 P.I .N. : 26616-0498-' Part of Lot 69 Plan 40M-1852 P. I .N. : 26616-0088- Part of Lot 70 Plan 40M-1852 P. I .N. : 26616-0497- Part of Lot 70 Plan 40M-1852 P. I .N. : 26616-0087- Part of Lot 71 Plan 40M-1852 P. I .N. : 26616-0496' Part of Lot 71 Plan 40M-1852 P.I .N%I: 26616-0086- Part of Lot 72 Plan 40M-1852 P. I .N. : 26616-0495' Part of Lot 72 Plan 40M-1852 P. I .N. : 26616-0085 Lot 73 Plan 40M-1852 P. I .N. : 26616-0109 Lot 74 Plan 40M-1852 P. I .N. : 26616-0108 - Lot 75 Plan 40M-1852 P.I .N. : 26616-0107 Lot 76 Plan 40M-1852 P. I .N. : 26616-0106 Lot 77 Plan 40M-1852 P. I .N. : 26616-0105' Lot 78 Plan 40M-1852 P. I .N. : 26616-0104 Lot 79 Plan 40M-1852 P. I .N. : 26616-0103 • Lot 80 Plan 40M-1852 P. I .N. : 26616-0102 , Lot 81 Plan 40M-1852 P. I .N. : 26616-0101' Lot 82 Plan 40M-1852 P.I .N. : 26616-0100 ' Lot 83 Plan 40M-1852 P. I .N. : 26616-0099' Lot 84 Plan 40M-1852 P. I .N. : 26616-0098 , Lot 85 Plan 40M-1852 P. I .N. : 26616-0097 ' Lot 86 Plan 40M-1852 P. I .N. : 26616-0096 ' Lot 87 Plan 40M-1852 P.I .N. : 26616-0095- Lot 88 Plan 40M-1852 P.I .N. : 26616-0043- Lot 89 Plan 40M-1852 P. I .N. : 26616-0042 ' Lot 90 Plan 40M-1852 P. I .N. : 26616-0041' Lot 91 Plan 40M-1852 P. I .N. : 26616-0040' Lot 92 Plan 40M-1852 P.I .N. : 26616-0039 Lot 93 Plan 40M-1852 P. I .N. : 26616-0038' Lot 94 Plan 40M-1852 P. I .N. : 26616-0037,, Lot 95 Plan 40M-1852 P. I .N. : 26616-0036- Lot 96 Plan 40M-1852 P. I .N. : 26616-0035' Lot 97 Plan 40M-1852 P.I .N. : 26616-0034' Lot 98 Plan 40M-1852 P. I .N. : 26616-0033 ' Lot 99 Plan 40M-1852 P. I .N. : 26616-0031, Lot 100 Plan 40M-1852 P. I .N. : 26616-0030, Lot 101 Plan 40M-1852 P. I .N. : 26616-0029' Lot 102 Plan 40M-1852 P. I .N. : 26616-0028, Lot 103 Plan 40M-1852 P. I .N. : 26616-0027 . Lot 104 Plan 40M-1852 P. I .N. : 26616-0026, Lot 105 Plan 40M-1852 P. I .N. : 26616-0025' Lot 106 Plan 40M-1852 P. I .N. : 26616-0024 Lot 107 Plan 40M-1852 P. I .N. : 26616-0023' Lot 108 Plan 40M-1852 P. I .N. : 26616-0022' Lot 109 Plan 40M-1852 P.I .N. : 26616-0020- Lot 110 Plan 40M-1852 P. I .N. : 26616-0019 Lot 111 Plan 40M-1852 P. I .N. : 26616-0018 - , Lot 112 Plan 40M-1852 P. I .N. : 26616-0017' Lot 113 Plan 40M-1852 P.I .N. : 26616-0016 • Lot 114 Plan 40M-1852 P.I .N. : 26616-0015- Vii♦ Schedule 12 ' - Fifthly continued Lot 115 Plan 40M-1852 P. I .N. : 26616-0614 - Lot 116 Plan 40M-1852 P.I .N. : 26616-0013 -" a 4 X1-- r 117 Plan 40H 1862 P-1 Nr . 26616 -0 1.48 - 3- -Bleu- !is P _ 49M 1852 P. I .N. . 265-!6-9!4�� 23 an :13 i--P3 2m 4AN41852 32- T .N.-. 6* $19neJk- 12= Plan 400M 1852 6 r c 0-11 �I�;k- -aa Plan- A�4-���a Block 123 Plan 40M-1852 P. I . T. : 26616-0146- Part of Block 124 Plan 40M-1852 P. I .N. : 26616-0643' Part of Block 124 Plan 40M-1852 P. T .N. : 26616-0642' Part of Block 124 Plan 40M-1852 P. I .N. : 26616-0641-' Part of Block 124 Plan 40M-1852 P.I .N. :. 26616-0148 - Part of Block 124 Plan 40M-1852 P. I .N. : 26616-0494- Part of Block 125 Plan 40M-1852 P. I .N. : 26616-0659- Part of Block 125 Plan 40M-1852 P.I .N. : 26616-0664 Part of Block 125 Plan 40M-1852 P. I .N. : 26616-0661 - Part of Block 125 Plan 40M-1852 P. I .N. : 26616-0662' Part of Block 125 Plan 40M-1852 P. I .N. : 26616-0660- Part of Block 125 Plan 40M-1852 P.I .N. : 26616-0663 ' Part of Block 127 Plan 40M-1852 P. I .N. : 26616-0670- Part of Block 127 Plan 40M-1852 P. I .N. : 26616-06721 g -Part s€ Sleek !27 Plan 4GM 1852 P-- I .N. , 2661-6- 0673 :- Part of Block 127 Plan 40M-1852 P. I .N. : 26616-0671 ?-�-23®6 �$ Plan P .N- •an 4� $6' - :--26616•-vs32 Municipality of Clarington, Regional Municipality of Durham. SIXTHLY: Block 129 Plan 40M-1852 P. I .N. : 26616-0153 Block 130 Plan 40M-1852 P. I .N. : 26616-0044-*-- Block 131 Plan 40M-1852 P. I .N. : 26616-0046 Municipality of Clarington, Regional Municipality of Durham. y . -Part f 3lock y26 , 4oH- 1$52 P•►.w • .266x•6 -o66S "'Part 3Look. Sa6, 4o H• 14xSZ P• .N. j X6616- 0666. y26 , 40 r c• ss 512 Q. . w. X6616 -066 y -zc k Ste, 400 - 6.$5 2 ?. 1 . N.= 26.616- 066g -3(pcic- sz, 4-oh -s�sz �, �,.: a66 s6 _ 068 /'fYk7 o &I)cR /.?b 46M- ig52 P /!1i 26b/�''ObSS 26 616- Ob PP,947 �R7 of LRO( IN MM- 1551 P/A06b>6 r Z- PI�Q7 BCar✓( l/7 PL�•v yo.n 1�SZ P. /.�t/ 24416— NO 9 Y- PART BLhCA p-7 PLF11v QOM- 1852 P.l.N. 26616 - 06 75 PlaMT &0(X ll7 ARAJ YOM-1852 P/Id. 2666 - v-+10 FPAT BLO(A 117 PLAN 4D/1-1851 f?i-N 26b16 - 13 -411 PART BLOCK 117 PLAnI 4O1A-1851 PI•N. 26616 - 6113 PHR7 BLOCK 117 PLAN �l-OM-1851 PI.N. 26616 PHR7 BJ(K llS PlA10 V61r1-/P52 )P/Al. 210,616 - 06 9 PRKT BLIJGK 1/9 PLfln1 ��?- 1852 �l•/u 26616 - 66 911 PAR713Lacx 112 PLI-wo 4,brn./,952 P1N 26616 - 06 1 PART BLack 1/.0 PLAN wM-1852- PIN 2661b - 6b 2 2 fBRT BLocK ll8 PLA/V W M-18 52 PIN 266/6 - O b 8 3 i P,9R7 /0 PLAN W t1-1852 P/N 166/6 - Ob8-,,- PART ill pl-n1v Wr4-1262, P/IV .26b/b- D688 PART BULK 119 PLAn! ObN-ISSZ P/N 26616 - D 699 .5 PNI lgaut !zo PI-1910 V6M- 1852 P/N 2b6lb - D6 9 "� PAaz l.3La(-K 120 PMJV S46M-I9Sa Pm 26616 -- ab99 MAT SLDU,� 120 PL1911 q,6 M-1 n z P11U 266/,6 - D b Of 9 PA q-t x?&ocx 121 A-1,61t) voM-1952 AyAl 1116 - o ;7-o6 Ane7 BiLocX /21 PLAN 9,5m-/P51 PIN 26616- D `70 I 19AW7 LI 469 111 AAA) Ufa M-1 r5 2. P1/U 26616- 07,0)- AW7 l LO" /2/ PLAN 40M-1852. P/tU 26616 - D 0 3 PIV7 R&J(A' 122 PLAn1 VOM- 1852 P1nl 2-1916 - PAa7 6Lbc.K 121 !'kAjo VOM- 1852 ?/tJ 266/6 - g MR i3L6CX 1,2 7.9- PLAA) W M-45Z PI Al 26616 - 06 9D PART BLOLk /27 PMAI YD M- 18SI P/N 26616- 0691 9 P9R7 zR66A 12 8 P2&0 'MM-/95 z ON 26616 - 065�� i°R,Q7 BLOCK /28 AA,#J M-185a /'7/N 26616- x675 PART L buD 128 PLt-l/U 46 M- /d'Sa P//U :2,6,616- o 6 b PART ALDC.ie SF61'1?1J352 P/N .26616- 66 : ,- PAR7 131-aGK 129 Pl-09A1 W 1711952 P//u 26,61,6 - D6 8 SEVENTHLY: Property Identifier Number: 0t'33 6-T-) Parcel 11-2, Section Con.2 Newcastle (Bowmanville) being Part Hof Lot 11, Concession 2, Geographic Township of Darlington and Part of Lots 14 and 16, all according to Hambly Plan (by L.H. Shortt) being a subdivision of Part of Lot 12, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan IOR-3416, save and except Parts l and 2 on Plan 40R-16993 and the lands in Plan IOM- 835, and cn Pla•, 4011-S9 SS EIGHTHLY: Property Identifier Number: ,2(0� _ppS1 �L7-1 / Parcel 13-1, Section Con.2 Darlington (Bowmanville) being Part of Lot 13, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan IOR-658. NINETHLY: Property Identifier Number: z66 'n7t Parcel 5-1, Section Block 9, Hanning's Plan (Bowmanville) being Part of Lot 5, Block 9 on Hanning's Plan being a subdivision of Part of Lot 12, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Parts I�S AWO jv6 inclusive on Plan 40R-13800. TENTHLY: Property Identifier Number: Parcel 11-1, Section Con.2 Township Darlington (Bowmanville) being Part of Lot 11, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Parts 1 and 2 on Plan 1OR-442. ELEVENTHLY: Property Identifier Number: o�v616-avoj CoT> .� Parcel 12-3, Section Con.2-(Bowmanville) Clarington being Part of Lot 12, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan lOR-3715. 2 Schedule W -3- T rr L..Ll'TiTLT- Property � Gen-2 TQwn&Wp Dar-liag4ea (Rawma;M68) being Pan Of 2, Geographic Township of Darlington arington, Regional Municipality of Guc-LFT��y € Y. Property Identifier Number: 005�z Parcel Con. 2-13-4, Section Darlington being Part of Lot 13, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan 40R-16392. 7-/-///?7c&A17,-1e.y., P)-V AS S-2 SAC 8G, c 9 f 1v1tj1'jv6: /�L�4st/(13o1�c1rn,4�t1U/ALE ; �7. Lo7s 6C,�9 onl C.G-.h`Ait/�'U1jUG'S f�GftiU 0f6&161uRe- /w! llolcll//gu7 y 61-- orr/���9rr�, &1A)e P75. K HALLOWAY HOLDINGS LIMITED 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 - HALLOWAY HOLDINGS LIMITED TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND SCHEDULES . . . . . . . . . . . . . . . . . . . . . 3 1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 2 - ACKNOWLEDGEMENTS: BASIS OF THE AGREEMENT 9 2.5 Postponement of Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 3 - ESTIMATED COST, ETC. . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 4 - COST OF ADMINISTERING THIS AGREEMENT . . . . . . 10 ARTICLE 5 - SECURITY FOR OWNER'S OBLIGATIONS AND COVENANTS . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . 10 ARTICLE 6 - INSTALLATION OF SERVICES BY THE OWNER . . . . . 12 6.1 Owner Installs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6.2 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 11 ARTICLE 15 - ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 16 - NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT . . . . . . . . . . . . . 21 ARTICLE 18 - COMPLETION OF SCHEDULE "K" . . . . . . . . . . . . . . . . . . 21 ARTICLE 19 - INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SCHEDULES TO AGREEMENT Schedule "A" - "Legal Description of the Lands" Schedule "B" - "Plans of Benefiting Area" Schedule "C" - "Legal Description of Retained Lands" Schedule "D" - Not Used Schedule "E-1" - "List of Services to be installed by Owner" Schedule "E-2" - Not Used Schedule "E-3" - "Proportion of Cost of Installation of Services to be Paid by Owner" Schedule "E-4" - "Capital Grants, Subsidies or Other Contributions Anticipated from Other Government Agencies" Schedule "E-5" - "Estimated Total and Net Capital Cost of Installation of Services" Schedule "E-6" - "List of Services in the Agreement for which a Development Charge is Payable" Schedule "E-7" - "List of Services in the Agreement which are Referred to in Subsection 3(7) of the Act" Schedule "E-8" - "Manner of Calculation of Portion of Front-End Payment to be Made by Each Benefiting Owner Respecting Services" Schedule "F" - Not Used Schedule "G" - Not Used Schedule "H" - Not Used Schedule "I" - Not Used /3 Schedule 'T' - 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 - HALLOWAY HOLDINGS LIMITED (hereinafter called the "Owner") OF THE SECOND PART WHEREAS: A. The Owner was the registered and beneficial owner of the Lands identified in Schedule "A" which Lands are within the Benefiting Area shown on the plans contained in Schedule "B" attached hereto. Currently the Owner is the registered and beneficial owner of the portion of the lands identified in Schedule "C" and referred to in this Agreement as the "Retained Lands'; B. The Owner represents that there are no encumbrancers; 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; Front-Ending Agreement Page 3 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. 97-91 passed on the 28th day of April, 1997. NOW THEREFORE WITNESSETH THAT in consideration of the premises and covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: ARTICLE 1 - DEFINITIONS AND SCHEDULES 1.1 Definitions (1) In this Agreement, (a) "Act" means the Development Charges Act, R.S.O. 1990, c.D.9, as revised, re-enacted or consolidated from time to time, and any successor statute. (b) "Administrative Costs" means the sums of money and costs referred to in Sections 4.1 and 4.2, attributed to a Service under Section 4.3. (c) "Agreement" means this Agreement. (d) "Authorization to Commence Works" means the written permission signed by the Director of Public Works given to the Owner or the Owner's Engineer to commence the construction and installation of the Owner Services pursuant to the Subdivision Agreement. 16 Front-Ending Agreement Page 4 (e) "Bankruptcy Act" means the Bankruptcy and Insolvency Act,R.S. 1985, c.B.3, as revised, re-enacted or consolidated from time to time, and any successor statute. (f) "Benefiting Area" means those lands as shown on,the plans contained in Schedule "B" that will receive a benefit from the construction of the Services. (g) "Benefiting Owner" means any owner of land within the Benefiting Area other than the Owner. The land of each Benefiting Owner is shown on the plans contained in Schedule "B", and also are described in Schedule "Y hereto. (h) "By-law" means By-law No. 92-105 enacted by the Municipality under the Act as such By-law has been or is amended or replaced from time to time. (i) "Certificate of Acceptance" means a certificate in writing given to the Owner that the Owner Services have been accepted by the Municipality pursuant to the Subdivision Agreement. (j) "Certificate of Completion" means a certificate in writing given to the Owner that the Owner Services referred to in the Authorization to Commence Works have been completed pursuant to the Subdivision Agreement. (k) "Construction Lien Act" means the Construction Lien Act,R.S.O. 1990 c. C.30, as revised, re-enacted or consolidated from time to time, and any successor statute. (1) "Development Charge" has the meaning attributed to it in the Act. (m) "Director" means the Director of Public Works for the Municipality or such other person as the Director may designate from time to time. Front-Ending Agreement Page 5 (n) "Director of Public Works"means the Municipality's Director of Public Works or his designate. (o) "Easement Costs" means the cost of the easements and/or lands which have been or are to be acquired outside the Lands,,from persons other than the Owner, for the purpose of the installation of the Services or any of them. (p) "Estimated Installation Cost" means, in regard to the Services the estimated cost of installation of the Services. (q) "Estimated Net Capital Cost" means, in regard to the Services, the estimated Net Capital Cost of the Services. (r) "Final Cost-Owner Services" means, for Services installed by the Owner, the Reasonable Cost of the Owner Services. (s) "Financial Security" means the Letter(s) of Credit deposited with the Municipality respecting the Services to be installed by the Owner. (t) "Front-End Payment" has the meaning attributed to it in the Act. (u) "Front-End Payment-Installation of Services" means, for the Services installed by the Owner, the Net Capital Cost of said Services and includes Administrative Costs and Easement Costs. (v) "Front-End Payment (Recoverable)" means, for the Services (Recoverable), the Front-End Payment-Installation of Services which is in respect of the Services (Recoverable). (w) "Holdbacks" has the meaning attributed to it in Section 7.12(e) of this Agreement. (x) "Immediate Payment Money" has the meaning attributed to it in Section 7.7 of this Agreement. Front-Ending Agreement Page 6 (y) "Land Registry Office" means either the Land Registry Office for the Land Titles Division of Durham (No. 40) or the Land Registry Office for the Registry Division of Durham (No. 40) as may be appropriate in the context in which the term is used. (z) "Lands" means the lands in the Municipality more particularly described in Schedule "A". (aa) "Letter of Credit" means an irrevocable and unconditional letter of credit issued by a bank listed in Schedules I or II of the Bank Act, S.C. 1991, c.46 acceptable to the Municipality's Treasurer. (bb) "Maintenance Period" means the two(2) year period which commences on the date on which the Owner or the Owner's Engineer is given the Certificate of Completion for the Owner Services. (cc) "Mortgage" has the meaning attributed to it in Recital A of this Agreement. (dd) "Municipal Act" means the Municipal Act, R.S.O. 1990, c. M.45, as revised, re-enacted or consolidated from time to time, and any successor statute. (ee) "Municipality" means The Corporation of the Municipality of Clarington. W) "Net Capital Cost" means in regard to the Services installed by an Owner, the Final Cost-Owner Services less any grants, subsidies or other contributions attributable to the Service that may be received by the Municipality from any governmental authority, as determined by the Director. (gg) "Objection" means an objection to this Agreement pursuant to Section 22(3) of the Act and as referred to in Sections 11 and 12 of this Agreement. Front-Ending Agreement Page 8 (rr) "Solicitor" means the Solicitor for the Municipality. (ss) "Specifications" means the design guidelines, standards and specifications established by the Director for the installation of Services. (tt) "Subdivision Agreement" means the Subdivision Agreement made between Halloway Holdings Limited as owner and The Corporation of the Municipality of Clarington on July 25, 1996 and registered in the Land Registry Office as Instrument No. LT 768844. (uu) "Term" has the meaning attributed to it in Section 11 of this Agreement. (vv) "Treasurer" means the Treasurer of the Municipality. (ww) "Trust Account" has the meaning attributed to it in Section 7.7(a) of this Agreement. (xx) "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. (yy) "Works" has the same meaning as it has in the Subdivision Agreement. (2) All other capitalized terms used herein and not otherwise defined shall have the meanings attributed to them in the Act, as amended from time to time. (3) The following Schedules which are attached hereto, together with all provisions therein, are made a part of this Agreement as fully and for all purposes as would be the case if they were set out in the 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 Front-Ending Agreement Page 9 Schedule "E-3" - "Proportion of Cost of Installation of Services to be Paid by Owner" Schedule "E-4" - "Capital Grants, Subsidies or Other Contributions Anticipated from Other Government Agencies" Schedule "E-5" - "Estimated Total and Net Capital Cost of Installation of Services" Schedule "E-6" - "List of Services in the Agreement from which a Development Charge is Payable" Schedule "E-7" - "List of Services in the Agreement which are Referred to in Subsection 3(7) of the Act" Schedule "E-8" - "Manner of Calculation of Portion of Front-End Payment to be Made by Each Benefiting Owner Respecting Services" Schedule "F" - Not Used Schedule "G" - Not Used Schedule "H" - Not Used Schedule "I" - Not Used Schedule "J" - Not Used Schedule 'W" - "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 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. Front-Ending Agreement Page 10 2.3 The Parties further acknowledge and agree that under this Agreement: (a) The Owner shall only be reimbursed by Benefiting Owners in regard to the Services (Recoverable); and 3 (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 Not used. ARTICLE 3 ESTIMATED COST, ETC. 3.1 The Parties acknowledge and agree that the proportion of the cost of Services to be paid by the Owner are as set out in Schedules "E-3" and "E-4", the contributions from other Government agencies and the manner of calculation of the portion of the Front-End Payment to be made by each Benefiting Owner respecting Services are as set out in Schedule "E-8" hereto; and the estimated total capital cost of the Services and the estimated Net Capital Cost of the Services are as set out in Schedule "E- 5" hereto. ARTICLE 4 - COST OF ADMINISTERING THIS AGREEMENT e 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. 22 Front-Ending Agreement Page 11 4.3 The Municipality agrees that amounts paid by the Owner under Sections 4.1 and 4.2 are to be included in calculating the Front-End Payment (Recoverable) for the Services (Recoverable). ARTICLE 5 - SECURITY FOR OWNER'S OBLIGATIONS AND COVENANTS 5.1 (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 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: 23 Front-Ending Agreement Page 12 (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. 6.2 Completion Dates (a) The Owner covenants to complete construction and installation of the Owner Services by the following completion dates: Services Shown on Schedule "E-1" Hereto Completion Date (1) H-A Works October 31, 1999 (2) H-B Works Completed Front-Ending Agreement Page 13 (3) H-C Works October 31, 1999 (4) H-D Works Completed (5) H-E Works Completed (6) H-F Works Completed r or such later date as may be approved in writing by the Director of Public Works. (b) If the Owner defaults in the installation of any of the Owner Services or if the Owner Services are not being installed in accordance with either the terms of this Agreement, or the Subdivision Agreement, the Municipality may call upon the Financial Security in accordance with the provisions of the Subdivision Agreement as are applicable thereto. (c) After the completion of the installation of any of the Owner Services in accordance with the Subdivision Agreement, the Director of Public Works may give to the Owner a Certificate of Completion of the Owner Service pursuant to the Subdivision Agreement. 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 the Owner is entitled to the return of the Letter of Credit referred to in Section 5.1(2) under the provisions of the Subdivision Agreement, the Municipality shall return the Letter of Credit to the Owner. 6.4 Owner's Cost (a) Either forthwith after this Agreement is made, if a Certificate of Completion has been issued for an Owner service, or if a Certificate has not been issued, prior to a Certificate of Completion being issued for an Owner service, the Owner shall deliver to the Director the final statement of the Reasonable Cost incurred by the Owner for installing the Owner Service in question for his consideration and, if appropriate, his approval. The Reasonable Cost shall include the costs for each of the items of cost set out in Schedule "E-5" and any other reasonable costs, as determined by the Director, 25 Front-Ending Agreement Page 14 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 Qwner Services, the Municipality may request and the Owner shall supply an interim statement of the Reasonable Cost incurred to date as well as the estimated cost to complete the installation of the balance of the Owner Services. (c) Upon the receipt and approval by the Director of Public Works of the final Reasonable Cost, the Director shall determine the Final Cost-Owner Services and the Net Capital Cost of the Owner Services and shall notify in writing the Owner of same. (d) If any grants, subsidies or other contributions are received from other government agencies for the Owner Services which do not comprise part of the Net Capital Cost of the Owner Services, the Municipality shall refund same to the Owner. (e) The Owner shall hold back from any person supplying services or materials respecting the installation of the Owner Services, such amounts as a person is required to hold back under the Construction Lien Act, for such time periods as would be required to be held back pursuant to such Act. Following the expiry of the period the Holdbacks are required to be held pursuant to the Construction Lien Act (the "Holdbacks"), such Holdbacks may be released to the person supplying the services or materials with respect to which any such Holdbacks relate. (f) The Municipality shall use the Reasonable Cost to the Owner of the installation of the Owner Services in calculating the portion of the Front-End Payments (Recoverable) to be made by each Benefiting Owner with respect to the Services in this Agreement for which a Development Charge is payable. ARTICLE 7 - RECOVERY OF FRONT-END PAYMENTS (RECOVERABLE) 7.1 Schedule "B" identifies all Benefiting Owners who own land within the Benefiting Area and contains a plan which describes their respective lands within the Benefiting Area. Front-Ending Agreement Page 15 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 "K". The current estimated Front-End Payment (Recoverable) for the Services (Recoverable) is set out in Schedule "L". 7.3 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 "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 "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), which estimate is set forth in Schedule "L" and is subject to adjustment in accordance with the provisions of this Agreement. 7.5 From and including the later to occur of the day on which a Certificate of Completion is issued under the Subdivision Agreement for one of the Works which comprises a Service (Recoverable) and the day on which the Director completes Schedule"K" in accordance with this Agreement, until the day on which the Term of this Agreement expires, the payment required to be made by the Benefiting Owners who have not paid their share of the Front-End Payment (Recoverable) to the Municipality shall be indexed on the 1 st day of April and on the 1 st 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 .z7 Front-Ending Agreement Page 16 first of such adjustments to be made on the next adjustment date which next follows the later to occur of the aforesaid days. 7.6 Subject to Section 7.7, the Municipality shall place all money received from or on behalf of a Benefiting Owner pursuant to this Agreement which is to be paid immediately to the Owner or to its direction (the "Immediate Payment Money") in a special account and shall, immediately upon receipt of the money, by registered mail (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) shown on Schedule "K" hereto that in fact have been received by the Municipality to the Owner or to its direction, less any amounts owed to the Municipality under this Agreement which amounts may be appropriated by the Municipality at any rime. As soon as is reasonably practicable following receipt of a written request from the Owner, the Treasurer shall give the Owner a written account of the principal and accrued interest outstanding in the Trust Account. The terms and 2 If Front-Ending Agreement Page 17 conditions of the Trust Account including the interest accruing and payable on money deposited in it are in the discretion of the Treasurer, acting reasonably. (b) With respect to money which comprises the Immediate Payment Money, received from or on behalf of Benefiting Owner referable to a particular Service in respect of which the Owner has been given a Certificate of Completion under the Subdivision Agreement, the Municipality shall issue the notice and make the request referred to in Sections 7.7(a) and 7.7(b), respectively. Upon receipt of a written direction from the Owner, 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 the Owner with respect to Immediate Payment Money, the Municipality may pay the money owing to the party into the Ontario Court (General Division). 7.9 Upon payment of the money into Court, the Municipality shall immediately notify the Owner by registered mail sent to the Owner's last known address, that (a) the money has been paid into Court; and (b) the Owner must apply to the Court for the release of the money. 7.10 If a party, or a successor or assign thereof, has not applied to the Court under Section 7.9 within twelve (12) months of the mailing of the notice, the Municipality may apply to the Court for the release of the money to the Municipality. 7.11 The Municipality is required to reimburse the parties to this Agreement only if and when the money referred to in Section 7.6 is received from a Benefiting Owner and only in accordance with Section 7.3 and Sections 7.7 to 7.10 of this Front-Ending Agreement. 7.12 The Owner hereby agrees that the Municipality may, in its discretion, release to a Benefiting Owner copies of any certificates, reports, contracts or other documents and y 29 Front-Ending Agreement Page 18 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. 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. ,. 36 Front-Ending Agreement Page 19 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. 97-91, 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 under this Agreement. Alternatively, the Municipality may ` 3r Front-Ending Agreement Page 20 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. 9.3 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 3z Front-Ending Agreement Page 21 effect to such changes. The Term of this Agreement shall expire on the fifteenth (15) anniversary of the date on which the Term commenced. The Parties hereto agree that this Agreement shall continue in full force and effect despite any expiry or repeal of the By- law or the enactment or any replacement or amending By-law. ARTICLE 12 - REGISTRATION OF AGREEMENT 12.1 The Owner and the Mortgagee acknowledge that this Agreement may be registered by the Municipality, at the expense of the Owner, in the Land Registry Office against the title to the Retained Lands and any other lands in the Benefiting Area, and consent to such-registration. 12.2 This Agreement shall run with and bind the Retained Lands and any other lands within the Benefiting Area against the title to which this Agreement is registered. 12.3 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. Y 33 Front-Ending Agreement Page 22 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. r 3�4 Front-Ending Agreement Page 23 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: Halloway Holdings Limited c/o Valiant Property Management 177 Nonquon Road, 20th Floor Oshawa, Ontario L 1 G 3S2 AND TO: ARTICLE 17 - AUTHORITY TO MAKE AGREEMENT 17.1 The Owner acknowledges and agrees that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreement is made by the Municipality in reliance on the acknowledgement and agreement of the Owner as aforesaid. ARTICLE 18 - COMPLETION OF SCHEDULE "K" 18.1 The Schedules attached hereto are incorporated in and form a part of this Agreement. The Director is hereby authorized to complete Schedule "K" to this Agreement on behalf of the Parties after the date as of which this Agreement as made provided that forthwith after doing so the Director shall give written notice thereof to the Owner. ARTICLE 19 - INTERPRETATION 3s Front-Ending Agreement Page 24 19.1 The headings are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement. 19.2 All references to Sections and subsections unless otherwise specified are to sections and subsections of this Agreement. 19.3 In this Agreement, unless the context otherwise requires , words importing the singular include the plural and vice versa and words importing a gender include all genders. 19.4 References herein to any statute or any provision thereof include such statute or provision thereof as amended, revised, re-enacted and/or consolidated from time to time and any successor statute thereto. 19.5 If any provision hereof is prohibited or unenforceable, such provision shall be deemed to be severable and shall not invalidate or render unenforceable the remainder of this Agreement. 19.6 No amendment, supplement, waiver or consent provided for by the provisions of this Agreement shall be effective unless in writing and signed by the party against whom enforcement of the amendment, supplement, waiver or consent is sought. 19.7 Time shall be of the essence of this Agreement. 19.8 Nothing herein contained shall create or be deemed to create a joint venture or partnership between the parties hereto. 19.9 All agreements herein contained, though not expressed to be covenants, shall be deemed to be covenants. 19.10 The Schedules attached to this Agreement form part of this Agreement and are deemed to be included as part of the text of this Agreement. 19.11 This Agreement may be executed by the Parties hereto in counterparts. a 3� Front-Ending Agreement Page 25 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: egg Title: Mayor Name: Di mre by: Title: ` Cl Name. atti Barrie HALLOWAY HOLDINGS LIMITED by: 1A1'&:AZ0M Title: ply ej I D F N 7 Name: R g��?— �4 A ISM by: Title: Name: ' . V 3 XZ SCHEDULE "A" LEGAL DESCRIPTION OF LANDS All and singular that certain parcel of land and premises, situated, lying and being in the Municipality of Clarington and the Regional Municipality of Durham, and being comprised of part of Lot 12, Concession 2, all of Lots 3, 4, 5, 6, 7, $, 9, 10, 11, 12, 13 and 15, Hambly Street and part of Lots 14 and 16 and part of Elgin Street, all according to Hambly Plan, in the former Town of Newcastle, now the Municipality of Clarington, Regional Municipality of Durham, now designated as Part 1 on plan of survey deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) (the "Land Registry Office") as Plan 10R-3652. SCHEDULE "B" PLAN OF BENEFITING AREA -iTnf iffi�Li id "I P „ IDURHAM CHRISTIAN 2 � 1 F M1 yv 1,.Y� "„ 41 1 . t �... HIGH SCHOIX TTyx � 5x k S �'i', W VV �jj pt Li iypy�i-�lilill lllilii�I I IONCWORTH AVE #,,• .".. \1LLll 1 I '•., 1"T�l ITT—fIT IT'IT IT ITT TRUNK SEWER& 1 t OUTeMl r I��--t N T7 TT-T-\ hi — �I, SI�� "C7 LEGEND � �� OWNER'S AREA �~�Q jar I J l BENEFITTING AREAS LAND OWNERSHIP —Tit' , "r- 1. 806886 ONTARIO LTD, FREDEa"Y`A'rHUE (18T-87089) /0T F, -, T 1"� H—A WORKS 2. P.J. CARRUTHERS Ll�� - `t—— (18T-87085) 3. ROBERT R. CARRUTHERS &E. G. SMITH L L L—i H—A WORKS EOSALL SiREEr (18T-87086) 4, HALLOW70 HOLDINGS LTD. I� (18T-87087) � I �--� [— THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 5. TOWCHESTER DEVELOPMENTS LTD- �'S•- — Pubuc Works Department (18T-82037) �R;,E1 AW�-' k= NORTH BOWMANVILLE 6. VELTRI &SON LTD, I� ZTT r- STORMWATER MANAGEMENT PROJECT (18T-88051) (_,( 7. LINCOLN HOLDINGS PICKERING LTA. �— (18T-89021) l�--u+--I _ BENERTTING AREAS FOR H—A WORKS ��J __ 8. 835607 ONTARIO LTD. k- (18T-87021 11 C 9. LANNY&JUDITH COOPER - orocu ��((� {� 10. WILLIAM &HARVEY COOPER & II 1 mECT `•j BARBARA JEAN KENNEDY c „ t— 1' QAssoclatesLtd. 11. DONALD PRINS (IN TRUST) 11 C r (18T-89070) io sconA couar uwr, IvHner,oNValn un an 12. POKER PARK DEVELOPMENTS LTD. {ZM asx-rare 13. VELTRI &SON LTD. Ax aos (18T-040355) BATE: APRIL.1997 DRAWN BY: EL PROJECT No, 14. BUTTERY 95007 15. ROBERT R. CARRUTHERS DESIGNED BY: D.E.C. pRAYANG N�. SCALP: N.TS, CHECKED BY aN m.-wv SCHEDULE "B" PLAN OF BENEFITING AREA .A J —ITI�I I I I II I�,,; �i ,�/�I a �Yr� ✓;r R.___— tj 11 IzLt 14 11C JJw IWk3I1 ` ICI HI ` b { (DURHAM CHRIS77AM k HIGH SCHOOL 14 15 D \� —❑I I—�;� s ,•I 0,Frj 7"IT„ 7 1 u Lill I e �).[�•� 'i5 .+ ."" -^ TIT IT IT IT IT IT 7T I-1 __ L J 11I 141+1+I+I+I+I+I+I LL1111111L 11 f111111J II 7.77T7T-rl"TITITITITI-F1H fl fY�it - f \\ 9 l o T TTY\ I:i l L I"I If ul' A�I�N C��^ . , I I LEGEND �O'rRr��1 LT, n zL-_ OWNER'S AREA LAND OWNERSHIP �] I LT Cg�hF_ 1. 806886 ONTARIO LTD. FR M-AWN°e _ ""I '.s (18T-87089) BENEFITTING AREAS 2. P.J. CARRUTHERSIr11-L . (18T-87085) C'1-. C� H-B WORKS 3. ROBERT R. CARRUTHERS &E. G. SMITH L (18T-87086) sAU srRE 'f`r 4. HALLOWAY HOLDINGS LTD. r (18T-87087) 1 141 -�F- [_ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 5. TDWCHESTER DEVELOPMENTS LTD. ^�{� I- Public works deportment (18T-82037) VI-4- 1 �-1 L J k= NORTH BOWMANVILLE 6. VELTRI & SON LTD.(18T-68051) STORMWATER MANAGEMENT PROJECT I 17. LINCOLN HOLDINGS PICKERING LTD. 1-L_F r_ BENEFITTING AREAS FOR H-B WORKS (1870 89021) 8. 835607 ONTARIO LTD. k_ VAUANT TRUNK SEWER MH52 TO MH 7 f)- (18T-87021) "t G.M Se1•rias 9. LANNY&JUDITH COOPER �1 10. WILLIAM &HARVEY COOPER & 1 BARBARA JEAN KENNEDY c �` I—� s �ASSOCIB SS Ad. 11. DONALD PRINS(IN TRUST) i� C� r- CDtsronA ws6* n (18T-89070) 'Irsltev.ONTARIO uN an 12 POKER PARK DEVELOPMENTS LTD, ra 4s�1:32=7sn 13. VELTRI &SON LTD. (18T-84035) DATE: APRIL,1997 DRAWN BY: E.L PR CT No. 14, BUTTERY 95007 15. ROBERT R. CARRUTHERS OESICNED 8Y: D.E.C. DRAWING No. SCALE N.T.S. H H1 - CHECKEp 0Y: D.E.C. —B Zzo SCHEDULE "B" PLAN OF BENEFITING AREA IIIII Id li �j^I r{� �P �� o L i� liliJ �ii� CIE FnT (�rTrmrT1 n-m-rlTr rrrr F1 �:.;:II _LJI'� iutLL r L,JJ. -� I'e I J (`tf T'CTf T'E11Tt' -r-Ti-Tr Tr 1-rr T "JJ..# k3 ia.L.LiJ.t7.i.41E LL.uiiiil L ,I 11 j aml Ll' ' r'r, ( k ��� ��- ntl �I Mm DURNAN CHRI5IIAN / "J�'�� k r.x yK�,� 0'S� 1*.k` IIl I rfrilf(T)l,' I I I I Tl �' S rtisa,'�v}.K'��`a �e13 �J1 uli' 14 �y1,+? TT(TITI� k3 15 I p 4COTS L_In'Y.L1- I_ 1 :� 1111.u11u11u11111� � _ I•I �;."�;. <� I'''�;'I r-(T IT r-ri-rmTITIT I-rlTl� r c; E I. I i �-I N �o ,h\ yQ ly-� �L� FOURI TH STREE—iIL N— Li _ Ej .yN c L7 I I -- �'-'-� ?�" LEGEND OWNER'S AREA LAND OWNERSHIP LL J 1. 806886 ONTARIO LTD. DER'OTA- "r- F7)- BENEFITTING AREAS(18T-67089) v� 2. P.J. CARRUTHERS I�(- (18T-87085) [� L H-C WORKS 1- 3. ROBERT R. CARRUTHERS &E. G. SMITH ELL L (16T-67066) E°s^u snrE� 4. HALLOWAY HOLDINGS LTD. (18T-87087) ILrl� -�F- [_ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 5. TDWCHESTER DEVELOPMENTS LTD. � �'� Public works Deportment (18T-82037) � � EJ E- NORTH BOWMANVILLE 6. VELTRI & SON LTD. I T--1 r- (18T-88051) STORMWATER MANAGEMENT PROJECT 7. LINCOLN HOLDINGS PICKERING LTD. '-I�u+,� I-- BENE9TTING AREAS FOR H-C WORKS (18T-89021) p ��nyR J k_ VALIANT TRUNK SEWER MH45 TO MH7 8. 835807 ONTARIO LTD. f)- (18T-87021) (^l���( cQQ�yyee������. 9. LANNY&JUDITH COCkR II " 0-ca, l)�l�l�L7lll11�A�7 10. WILLIAM &HARVEY COOPER & I� ((''ff BARBARA JEAN KENNEDY c 11 I- l QAssoda16s ua.° 11. DONALD PRINS (IN TRUST) �� C r a-Atm Erg—&pw11- (18T-89070) o SC—COURT U11T 11 MMI19Y,ON m ".- 12. POKER PARK DEVELOPMENTS LTD+ rEL r s> 3L-7eTa 13. VELTRI &SON LTD. FM sos .asaen (18T-84035) DATE: APRIL,1991 DRAWN BY: E.L PROJECT No, 4. BUTTERY 95007 15. ROBERT R. CARRUTHERS DESIGNE.-Y DRAWO G No. - SCALE: N.T.S. u—C CHECHE Y D.E.C. I' SCHEDULE "BI' PLAN OF BENEFITING AREA > .mH ' IC`. E� ; L �., _ ? I III rn � I EE �. �\ `\S`• W Ire I J 1 tTf�'t7TtTTT?Yi"I \` „I zl J ttttcl C �?Il l �*' w ILwil "I DURHAM CHRISTIAN 2';, \i. ., x k, }may\\eS11 ""wh'Yt�m rr1t�•' HIGN SCHOOL L111. T f - 15 4 1 � �/ `'o •,�u,�'^\ �' rt'" .� TITIT IT ITIT ITITI I _ LL I1 L i1 L-L 1.111111.I.� riT IT IT IT IT ITIT IT IT ITI k 111 -1 I I r I•I•I r'1-- IIll �t iii w\ �y ft ? RI rn �; ,, --1 {--- -� e ,c spa , LEGEND I k— __ — rH z�_ OWNER'S AREA LAND OWNERSHIPS - L� FREDERIac A w,°,y BENEFITTING AREAS 1. 806686 ONTARIO LTD. 1`� . (16T-87089HERS iI F 2. P.J. CARRUTHERS J,.I�I-1 - (OBERT 085) (�• C� ��..� H-D WORKS 3. ROBERT R. CARRUTHERS &E. G. SMITH L L L 1-J (18T-87086) ED g 4. HALLO WAY HOLDINGS LTD. c��Si� i�, _ (18T-87087) I QTY I -�L--1 [ THE CORPORATION OF THE MUNICIPALITY OF CLARINCTON 5. TOWCHESTER DEVELOPMENTS LTD. I;z - Pubuc Works Deportrnent 6. Var-82037 ���� AVN k= NORTH BOWMANVILLE ELTRI &SON LTD. I -Z17 T 1 f-- (18T-88051) -I �_ G= STORMWATER MANAGEMENT PROJECT 7. LINCOLN HOLDINGS PICKERINC LTD. �1_L+- I-- BENEFITTING AREAS FOR H-D WORKS (18T-89021) G •'sTU J G= VALIANT TRUNK SEWER MH7 TO MH4 8. 835507 ONTARIO LTD. f� (18T-87021) I AEA t= �(�1 ��( cQyry���. 9. LANNY&JUDFfH COOPER II k °rn'€£r II�M��7l�l llt/la7 10, WILLIAM &HARVEY COOPER & 4{ BARBARA JEAN KENNEDY c ,1, I-:� r1' QABSOCIetesLtd•° 11. DONALD PRINS (IN TRUST) \\ C F (-x D�84—owl. (18T-89070) 110 SCOTIA COURT UNIT 41 12- ROKER PARK DEVELOPMENTS LTD. `> ONTM o IN�SY7 13. VELTRI &SON LTD. 19053 (18T-84035) PATE APRIL,1997 DRAWN BY: E.L PROJECT No. 14. BUTTERY 95007 15. ROBERT R. CARRUTHERS DESIGNED BY: D.E.C. DRA.NG No. SCAF: N-T5. CHECKED BY D.E.C. H—D SCHEDULE "B" PLAN OF BENEFITING AREA F Pf I 'IRi'll'TII('�TI bA'€. {.i.�1.��3.3J.J �I i 11u I I•I R1 ..,-.r ".t np y r J„�L, _ It hl c•, o tteP`. � �t III ( _ 'ab '4;e�� tu.i lit Dum+,w,HRISn w I S Z f I rorrl xnooc 2���• /� �t m t t t��>>Y�� ; >i ts�-1'`'?' }t �!g;l t,;�;,, I 11 15 p I tom' 11 � \ ~�[���O l / •���Y4' � 3i.y �, 5 �,',�'fi�k"'h�' k�t � II T� LS r 0 —'� � •,,,,1} w IlJ l—LI�I I .\y.(� I � ,rrr" IT IT IT 1IT ITyIT I'1 +I+�Ti+1 �• ,�rr 1.111111.1 I1111J I IT IT IT MIT IT ITI Aw z 3 I r MEADOKM=W ro. N I�17 T7rm hI I"I _J,L ULI1L---- rn — ti "�C•!N c kt�p1T 1,. P� I I I I N OTEIS —� 11r --1 y[ �,v`•:.1 tj I I 1 -EXTERNAL PRE-DEVELOPMENT FLOW TO MH4 NOT CONSIDERED 2 - AREA°5"SAME OWNERSHIP AS OWNER'S AREA'4". LAND OWNERSHIP � nCT1�t LEGEND 1. 806886 ONTARIO LTD. °RE°Eal°`A'tNUe _ (18T-87089) / ,��- r--1,� .; OWNER'S AREA 2. P.J. CARRUTHERSI�� -�-1`7-- (1aT-87085) t i C- r BENEFITTING AREAS 3. ROBERT R. CARRUTHERS &E. G. SMITH (-L L J -SAL, STFEET (18T-87086) C � - -I-1 r_I R"N �� H-E WORKS 4. HALLOWAY HOLDINGS LTD. (18T-87087) 144E -1-I 1--i [_ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 5. TOWCHESTER DEVELOPMENTS LTD. _ Public Works Department � 1�1L (18T-82037) REHDEw ENDS k= NORTH BOWMANVILLE 6. VELTRI &SON LTD. ,1 - (18T-88051) J Ju i } _ STORMWATER MANAGEMENT PROJECT 7. LINCOLN HOLDINGS PICKERING LTD. BENEFITTING AREAS FOR H-E WORKS (18T-89021) p asro�� k;_ VALIANT TRUNK SEWER MH4 TO MH2 8. 835607 ONTARIO!LTD. (f-' (18T-87021) II `" r- 9. LANNY&JUDITH COOPER - o'Deu 10. WILLIAM &HARVEY COOPER & II F5 1£r `� �sil BARBARA JEAN KENNEDY e 11 I- r `oAsso 11. DONALD PRINS(IN TRUST) V, C r— cvsulmgvgn�rsan (18T-89070) IID SCOTIA coURT UNIT.I 12. ROKER PARK DEVELOPMENTS LTD. wureL,�e Ba�jl in_m 13. VELTRI &SON LTD. rAx s)111 (18T-84035) DATE! APRIL,1997 DRAWN BY: LL 95007 NU. 14. BUTTERY 95007 15. ROBERT R. CARRUTHERS DESIGNED BI: D.E.G. DRAWNG No. SCALE: N.T.S. CHECKED BY 1 D.£.C. H_E SCHEDULE "B" PLAN OF BENEFITING AREA Ili I 7j � I -ITI-111 I-I I II I .' -00 00-------_----�� —41 = P T n m m° r ml �. �_ Ff4+lh�fti \ ,A, < nuRNnw cNRlsnaN! •:�� .�:' ', x r � � ��y Yw1: ,,,"�"h'� ti. Sak k������w '.i.I�.. rnr I I NIGH SCHOOL 2'✓, �.�f�� W I ,j��h}"Y��r'YS"S 5 4 :♦ ��l ti S, 14 k MV . k 1 � S I y} r kt�ih t k�Ew�!4"" r 1 D NT 4 w i I \ \ ( .ly(•,�1 >� ✓ � � ,M�: IL :J e. &. ITIT IT IT 16161`1 I \ \ —✓ _ 7� +1+1+14 I+I+I+-11 4 \ ) :-� �•' ,,,� ...� ''1111;•I IT IT IT IT IT IT IT I-i x,w',�atiT I 'u'L MEAOOW✓lEW BL ro. ITT 11 ,,,fl rT-- - - 10--1 T ICI R�E J=L— u, IL LEGEND �nr LAND OWNERSHIP L `E hr 1. 806886 ONTARIO LTD. FREPER OWNER'S AREA (18T-87089)�1 ' T- 2. P.J. CARRUTHERS ill `F'- Yid,htiq"49ri'w;" (186-87085) t_ ELL.� BEN EFITTING AREAS 3. ROBERT R. CARRUTHERS &E. G. SMITH L J g[ 18T-87086 s u —gE i ( ) r 'STREET H-F WORKS 4. HALLOWAY HOLDINGS LTD. �a ���Jj T r (18T-87087) I�Ir -_ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 5. TOWCHESTER DEVELOPMENTS LTD. _� Public works Department 08T-82037) WNf�—LE:J k= NORTH BOWMANVILLE 6. VELTRI & SON LTD. I—1� ��"T-T r- (18T-88051) ]_I I F _i C= STORMWATER MANAGEMENT PROJECT 7. LINCOLN HOLDINGS PICKERING LTD. 11.F.--1 r- BENERTTING AREAS FOR H-F WORKS (1860 89021) srvg�� - 8. 835607 ONTARI® LTD. V•��E k= VALIANT TRUNK SEWER MH2 TO MH1 (18T-87021) /l��( ��11Q��rry�vv��`� 9. LANNY&JUDITH COOPER 1 oocu ll�ll t7Gri1(J47 10. WILLIAM &HARVEY COOPER & �I E"tiEr �A&SOClateS Ltd.> BARBARA JEAN KENNEDY c \\ I 11. DONALD PRINS (IN TRUST) C:1 r c-LIth9Egreae6Ple- (18T-89070) 1D SCOTIA WURT UNIT 11 12. POKER PARK DEVELOPMENTS LTD. ` o;0 nNTe�a 13. VELTRI &SON LTD. o •yz-yen (18T-84035) DAZE APRIL,1997 DRAWN BY: E.L PROJECT No. 4. BUTTERY 95007 15. ROBERT R. CARRUTHERS - DESIONEO eY: D.E.c. DRAWNG No. SCALE: N.T.S. cRECREO ev: D.E.c. I H—F SGHEDLTLE "C" LEGAL bE CRIPTION OF !LANDS FIRSTLY:Parcel 12-1,Section Con.2 Newcastle Darlington(Bowmanville)being Part Of Lot 12, Concession 2, Geographic Township of Darlington, and Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 and Part of Lots 14 and 16 and Hambly Street and Part of Lord Elgin Street, both streets stopped up and closed by By-law 88-63 registered as Instrument No. 144750, all according to Hambly flan (by LH. Shortt) being a subdivision of Part of Lot 12, Concession 2, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Part 1 on Plan 10R-3652,save and except Parts 1 and 2 on PIan 40R-16995 and the lands in Plan 40M-1852. SECONDLY. Parcels 129-1, 130-1 and 131-1, Section 40M-1852 being Blocks 125, 130 and 131, Municipality of Clarington, Regional Municipality of Durham. t SCHEDULE "E-1" LIST OF SERVICES TO BE INSTALLED BY OWNER The Services which the Owner will install under this Agreement and the Subdivision Agreement comprise: (1) H-A Works: storm sewer on the future Longworth Avenue from MH 1 on Middle Road up to and including the outlet headwall and slope stability works at Bowmanville Creek, and the channel realignment of Bowmanville Creek, and the Hockin area slope stability works; (2)H-B Works: storm sewer from the stub approximately 30 metres east of MH 52 on Goodwin Avenue to MH 7 on Laurelwood Street; (3)H-C Works: storm sewer from the stub approximately 24 metres north of MH 45 on future Honeyman Drive to MH 7 on Laurelwood Street; (4)H-D Works: storm sewer from and including MH 7 on Laurelwood Street to MH 4 on Longworth Avenue; (5) H E Works: storm sewer from and including MH 4 on Laurelwood Street to MH 2 on Longworth Avenue; and(6)H-F Works: storm sewer from and including MH 2 on Laurelwood Avenue to MH 1 on Middle Road at Longworth Avenue. The Services are hereby deemed to be of benefit to the relevant Benefitting Area. The Works are more particularly described in the Engineering Drawings for these Works prepared by G. M. Sernas &Associates Limited(dwg. nos. 94010 P-101,P-102,P-106,P-108,P-109, P-112) dated May, 1996 as finally approved by and on file with the Director of Public Works. 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 i SCHEDULE"E-5" TOTAL AND ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES TOTAL AND ESTIMATED ITEM NET CAPITAL COST OF SERVICES 1. H-A WORKS TOTAL COST $1,964,300.00 2. ENGINEERING: $235,716.00 3. LEGAL COSTS: $1,500.00 4. MUNICIPAL INSPECTION FEES $49,107.50 5. ADMINISTRATION FEES $3,000.00 TOTAL $2,253,623.50 �9 SCHEDULE"E-5" TOTAL AND ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES TOTAL AND ESTIMATED ITEM NET CAPITAL COST OF SERVICES 1. H-B WORKS OVERSIZING $98,383.29 2. ENGINEERING: $11,805.99 3. LEGAL COSTS: $1,500.00 4. MUNICIPAL INSPECTION FEES $2,105.40 5. ADMINISTRATION FEES $3,000.00 = TOTAL $116,794.69 5v SCHEDULE"E-5" TOTAL AND ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES TOTAL AND ESTIMATED ITEM NET CAPITAL COST OF SERVICES 1. H-C WORKS OVERSVING $65,841.92 2. ENGINEERING: $7,901.03 3. LEGAL COSTS: $1,500.00 4. MUNICIPAL INSPECTION FEES $2,633.68 5. ADMINISTRATION FEES $3,000.00 TOTAL $80,876.62 • 57 SCHEDULE"E-5" TOTAL AND ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES TOTAL AND ESTIMATED ITEM NET CAPITAL COST OF SERVICES 1. H-D WORKS OVERSIZING $35,299.30 2. ENGINEERING: $4,235.92 3. LEGAL COSTS: $1,500.00 4. MUNICIPAL INSPECTION FEES $755.41 5. ADMINISTRATION FEES $3,000.00 TOTAL $44,790.62 SCHEDULE"E-5" TOTAL AND ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES TOTAL AND ESTIMATED ITEM NET CAPITAL COST OF SERVICES 1. H-E WORKS OVERSIZING $83,939.36 2. ENGINEERING: $10,072.72 3. LEGAL COSTS: $1,500.00 4. MUNICIPAL INSPECTION FEES $1,796.30 5. ADMINISTRATION FEES $3,000.00 TOTAL $100,308.39 53 SCHEDULE"E-5" TOTAL AND ESTIMATED NET CAPITAL COST OF INSTALLATION OF SERVICES TOTAL AND ESTIMATED ITEM NET CAPITAL COST OF SERVICES 1. H-F WORKS OVERSIZING $12,026.80 2. ENGINEERING: $1,443.22 3. LEGAL COSTS: $1,500.00 A. MUNICIPAL INSPECTION FEES $257.37 5. ADMINISTRATION FEES $3,000.00 TOTAL $18,227.39 SCHEDULE "E.6" , LIST OF SERVICES IN THE AGREEMENT FOR WHICH A DEVELOPMENT CHARGE IS PAYABLE The Services Vbiah the Owner wa =mH under this Agreement and the Subdivision Agreement comprise: (1) H-A Works` mm sewer on the future Longworth Avenue from ME 1 on Mddle Road up to and iadudiag the oWet headwall and slope stabTay works at Bowfin mvMe Credo,and ties dnimel radpm m ofBowmaavOe Creek,and the Hoctdn area slope stability waft(2)H B Wmkr.soon saver from dw stub apprmcimately 30 metres east cf MH 52 on Goodwin Avenue to MH 7 on Lm mMwd SUVM(3)E3 C-Worts:storm sever ftM tbs nab appm aately 24 metres nart6 mvhff 4S an figs Eb symaa Drive to ME 7 on Laurdwood Street;(4)A D Work3: storm seam from and iadudaog MH 7 on Landwood Sneer to MR 4 on Longwortk Avenue; (5)H E Works: smote sewer from and inr3Ag ME 4 on Landwood Street to MR 2 on Longworth Ayveaue;and(6)BrF Wad=storm sewer from and i=bAng MR 2 on L:urdwood Avenue to MH 1 an Nddle Ro#d at Low AV=& The Services a:+i hereby A@=W to be of benefit to the rdgvm Benefitting Area. The Works are more partictdsdy desatbad in the Engineering DrawhW for tbde Works prepared by G M Sernas &ASSOCWUT baited(dwS nos.94010 P-IOt,P-14 P-106,RI08,P-109,P-112)dazed May, 19% as f dl!y app v%o d by and on go with the Director of Public works. SCHEDULE "E-7" LIST OF SERVICES IN THE AGREEMENT WHICH ARE REFERRED TO IN SUBSECTION 3(7) OF THE ACT None SCHEDULE"E-8" MANNER OF CALCULATION OF PORTION OF FRONT-END PAYMENT TO BE MADE BY EACH BENEFITTING OWNER RESPECTING SERVICES SUMMARY OF AREAS CONTRIBUTING TO THE INSTALLATION OF SERVICES H-A WORKS AREA SHOWN ON PLANS IN SCHEDULE"B" HECTARES 1. 12.75 2. 5.33 3. 17.56 4. 32.19 5. 14.84 6. 8.19 7. 1.63 8. 16.34 9. 3.80 10. 4.36 11. 1.51 12. 2.26 13. 0.58 14. 2.24 15. 0.70 TOTAL GROUND AREA= 124.28 TOTAL ESTIMATED NET CAPITAL COST OF SERVICES= $2,253,624 COST OF SERVICES PER HECTARE= $18,133 The estimated Net Capital Cost of the Owner Services shown on Schedule"E-5"is$2,253,623.50. The total ground area of the Areas shown on the plans contained in Schedule"B"which contribute to the cost of the Owner Services is 124.28 hectares.The relevant Benefitting Area shown on the plans contained in Schedule"B" excluding the Owner's Lands is 92.09 hectares. The portion of the Front-end Payment(Recoverable)allocated to each Area within the relevant Benefitting Area excluding the Owner's Lands is the product achieved by multiplying the ground area of each such Area in hectares by the amount of$18,133.44. SUMMARY OF AREAS CONTRIBUTING TO THE INSTALLATION OF SERVICES H-B WORKS AREA SHOWN ON PLANS IN SCHEDULE"B" HECTARES 5. 0.69 8. 16.34 11. 1.51 TOTAL GROUND AREA= 18.54 TOTAL ESTIMATED NET CAPITAL COST OF SERVICES= $116,795 COST OF SERVICES PER HECTARE= $6,300 The estimated Net Capital Cost of the Owner Services shown on Schedule"E-5"is$116,794.69.The total ground area of the Areas shown on the plans contained in Schedule"B"which contribute to the cost of the Owner Services is 18.54 hectares.The relevant Benefitting Area shown on the plans contained in Schedule"B" excluding the Owner's Lands is 18.54 hectares.The portion of the Front-end Payment(Recoverable)allocated to each Area within the relevant Benefitting Area excluding the Owner's Lands is the product achieved by multiplying the ground area of each such Area in hectares by the amount of$6,299.61. SUMMARY OF AREAS CONTRIBUTING TO THE INSTALLATION OF SERVICES H-C WORKS AREA SHOWN ON PLANS IN SCHEDULE"B" HECTARES 10. 4.36 TOTAL GROUND AREA= 4.36 TOTAL ESTIMATED NET CAPITAL COST OF SERVICES= $80,877 COST OF SERVICES PER HECTARE= $18,550 The estimated Net Capital Cost of the Owner Services shown on Schedule"E-5"is$80,876.62.The total ground area of the Areas shown on the plans contained in Schedule"B"which contribute to the cost of the Owner Services is 4.36 hectares.The relevant Benefitting Area shown on the plans contained in Schedule"B" excluding the Owner's Lands is 4.36 hectares. The portion of the Front-end Payment(Recoverable)allocated to each Area within the relevant Benefitting Area excluding the Owner's Lands is the product achieved by multiplying the ground area of each such Area in hectares by the amount of$18,549.68. E-8 SCHEDULE"E-8"(con't) MANNER OF CALCULATION OF PORTION OF FRONT-END PAYMENT TO BE MADE BY EACH BENEFITTING OWNER RESPECTING SERVICES SUMMARY OF AREAS CONTRIBUTING TO THE INSTALLATION OF SERVICES H-D WORKS AREA SHOWN ON PLANS IN SCHEDULE"B" HECTARES 5. 0.69 8. 16.34 10. 4.36 11. 1.51 TOTAL GROUND AREA= 22.90 TOTAL ESTIMATED NET CAPITAL COST OF SERVICES= $44,791 COST OF SERVICES PER HECTARE= $1,956 The estimated Net Capital Cast of the Owner Services shown on Schedule"E-5"is$44,790.62.The total ground area of the Areas shown on the plans contained in Schedule"B"which contribute to the cost of the Owner Services is 22.90 hectares.The relevant Benefitting Area shown on the plans contained in Schedule"B" excluding the Owner's Lands is 22.90 hectares.The portion of the Front-end Payment(Recoverable)allocated to each Area within the relevant Benefitting Area excluding the Owner's Lands is the product achieved by multiplying the ground area of each such Area in hectares by the amount of$1,955.92. SUMMARY OF AREAS CONTRIBUTING TO THE INSTALLATION OF SERVICES H-E WORKS AREA SHOWN ON PLANS IN SCHEDULE"B HECTARES 5. 14.84 8. 16.34 10. 4.36 11, 1.51 TOTAL GROUND AREA= 37.05 TOTAL ESTIMATED NET CAPITAL COST OF SERVICES= $100,308 COST OF SERVICES PER HECTARE_ $2,707 The estimated Net Capital Cost of the Owner Services shown on Schedule"E-5"is$100,308.39.The total ground area of the Areas shown on the plans contained in Schedule"B"which contribute to the cost of the Owner Services is 37.05 hectares.The relevant Benefitting Area shown on the plans contained in Schedule"B" excluding the Owner's Lands is 37.05 hectares.The portion of the Front-end Payment(Recoverable)allocated to each Area within the relevant Benefitting Area excluding the Owner's Lands is the product achieved by multiplying the ground area of each such Area in hectares by the amount of$2,707.38. SUMMARY OF AREAS CONTRIBUTING TO THE INSTALLATION OF SERVICES H-F WORKS AREA SHOWN ON PLANS IN SCHEDULE"B" HECTARES 5. 14.84 7, 1.63 8. 16.34 10. 4.36 11. 1.51 TOTAL GROUND AREA= 38.68 TOTAL ESTIMATED NET CAPITAL COST OF SERVICES= $18,227 COST OF SERVICES PER HECTARE= $471 The estimated Net Capital Cost of the Owner Services shown on Schedule"E-5"is$18,227.39.The total ground area of the Areas shown on the plans contained in Schedule"B"which contribute to the cost of the Owner Services is 38.68 hectares.The relevant Benefitting Area shown on the plans contained in Schedule"B" excluding the Owner's Lands is 38.68 hectares.The portion of the Front-end Payment(Recoverable)allocated to each Area within the relevant Benefitting Area excluding the Owner's Lands is the product achieved by multiplying the ground area of each such Area in hectares by the amount of$471.24. E-8 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 BENEFITTiNG OWNERS'SHARE H-A WORKS OWNER AMOUNT FRONT-END AREA OR TOTAL AREA OWNER'S BENERTTING PER PAYMENT BENEFITTING CONTRIBUTING AREA AREA HECTARE (RECOVERABLE) OWNER ha ha ha $ $ 1. 806886 ONTARIO LTD. 12.75 12.75 $18,13144 $231,201.32 1 BT-87089 2. P.J.CARRUTHERS 5.33 5.33 $18,133.44 $96,651.22 18T-8708 3. ROBERT RUSSELL CARRUTHERS& 17.56 17.56 $18,133.44 $318,423.15 E.G.SMITH 1 ST-87086) 4. HALLOWAY HOLDINGS LTD. 32.19 32.19 18T-8708 5. TOWCHESTER DEVELOPMENTS LTD. 14.84 14.84 $18,133.44 $269,100.20 18T-820371 6. VELTRI AND SON LTD.(18T-88051) 8.19 8.19 $18,133.44 $148,512.85 7. LINCOLN HOLDINGS PICKERING LTD. 1.63 1.63 $18,133.44 $29,557.50 18T-89021) 8, 835607 ONTARIO INC. 16.34 16.34 $18,133.44 $296,300.35 18T-87021 9. LANNY&JUDITH COOPER 3.80 3.80 $18,133.44 $68,907.06 10. WILLIAM AND HARVEY COOPER& 4.36 4.36 $18,133.44 $79,061.78 BARBARA JEAN KENNEDY 11. DONALD PRINS(IN TRUST) 1.51 1.51 $18,133.44 $27,381.49 18T-89070 12. ROKER PARK DEVELOPMENTS LTD. 2.26 2.26 $18,133.44 $40,981.57 13. VELTRI AND SON LTD. 0.58 0.58 $18,133.44 $10,517.39 18T-84035 14. BUTTERY 2.24 2.24 $18,133.44 $40,618.90 15. ROBERT RUSSELL CARRUTHERS 0.70 0.70 $18,13144 $12,693.41 TOTALS 124.28 32.19 92.09 - $1,669,908.18 SCHEDULE"L" ESTIMATED FRONT-END PAYMENT(RECOVERABLE) FOR THE SERVICES(RECOVERABLE).OWNER'S SHARE AND BENEFITTING OWNERS'SHARE H-B WORKS OWNER AMOUNT FRONT-END AREA OR TOTAL AREA OWNER'S BENEFITTING PER PAYMENT BENEFITTING CONTRIBUTING AREA AREA HECTARE (RECOVERABLE) OWNER ha ha (ha)$ $ 4. HALLOWAY HOLDINGS LTD. 32.19 32.19 18T.87087) 5. TOWCHESTER DEVELOPMENTS LTD. 0.69 0.69 $6,299.61 $4,346.73 1 ST-8203 8. 835607 ONTARIO INC. 16.34 16.34 $6,299.61 $102,935.55 18T-87021 11. DONALD PRINS(IN TRUST) 1.51 1.51 $6,299.61 $9,512.40 18T-89070 TOTALS 50.73 32.19 18.54 — $116,794.69 SCHEDULE"L" ESTIMATED FRONT-END PAYMENT(RECOVERABLE) FOR THE SERVICES(RECOVERABLE).OWNER'S SHARE AND BENEFITTING OWNERS'SHARE H-C WORKS OWNER AMOUNT FRONT-END AREA OR TOTAL AREA OWNER'S BENEFITTING PER PAYMENT BENEFITTING CONTRIBUTING AREA AREA HECTARE (RECOVERABLE) OWNER ha (ha) (ha)$ $ 4. HALLOWAY HOLDINGS LTD. 32.19 32.19 18T-8708 10, WILLIAM AND HARVEY COOPER& 4.36 4.36 $18,549.68 $80,876.62 BARBARA JEAN KENNEDY TOTALS 36.55 32.19 4.36 $80,876.62 SCHEDULE"L" ESTIMATED FRONT-END PAYMENT FRONT-END PAYMENT(RECOVERABLE) FOR THE SERVICES(RECOVERABLE).OWNER'S SHARE AND BENEFITTING OWNERS'SHARE H-D WORKS OWNER AMOUNT FRONT-END AREA OR TOTALAREA OWNER'S BENEFITTING PER PAYMENT BENEFITTING CONTRIBUTING AREA AREA HECTARE (RECOVERABLE) OWNER ha (ha)ha $ $ 4. HALLOWAY HOLDINGS LTD. 32.19 32.19 1 ST-8708 5. TOWCHESTER DEVELOPMENTS LTD. 0.69 0.69 $1,955.92 $1,349.59 18T-8203 8. 835607 ONTARIO INC. 16.34 16.34 $1,955.92 $31,959.77 18T-87021 10. WILLIAM AND HARVEY COOPER& 4.36 4.36 $1,955.92 $8,527.82 BARBARA JEAN KENNEDY 11. DONALD PRINS(IN TRUST 1.51 1.51 $1,955.92 $2,953.44 1 ST-89 TOTALS 55.09 32.19 22.90 - $44,790.62 AWe 63 SCHEDULE"L" ESTIMATED FRONT-END PAYMENT(RECOVERABLEt FOR THE SERVICES(RECOVERABLE).OWNER'S SHARE AND BENEFITTING OWNERS'SHARE H-E WORKS OWNER AMOUNT FRONT-END AREA OR TOTAL AREA OWNER'S BENEFITTING PER PAYMENT BENEFITTING CONTRIBUTING AREA AREA HECTARE (RECOVERABLE) OWNER ha ha ha $ $ 4. HALLOWAY HOLDINGS LTD. 32.19 32.19 18T-8708 5. TOWCHESTER DEVELOPMENTS LTD. 14.84 14.84 $2,707.38 $40,177.50 18T-8203 8. 835607 ONTARIO INC. 16.34 16.34 $2,707.38 $44,238.57 1 ST-87021 10. WILLIAM AND HARVEY COOPER 8, 4.36 4.36 $2,707.38 $11,804.17 BARBARA JEAN KENNEDY 11. DONALD PRINS(IN TRUST) 1.51 1.51 $2,707.38 $4,088.14 1 ST-89070 TOTALS 69.24 32.19 37.05 — $100,308.39 a w SCHEDULE"L" ESTIMATED FRONT-END PAYMENT(RECOVERABLE) FOR THE SERVICES(RECOVERABLE).OWNER'S SHARE AND BENEFITTING OWNERS'SHARE H-F WORKS OWNER AMOUNT FRONT-END AREA OR TOTAL AREA OWNER'S BENEFITTING PER PAYMENT BENEFITTING CONTRIBUTING AREA AREA HECTARE (RECOVERABLE) OWNER ha (ha)ha $ $ 4. HALLOWAY HOLDINGS LTD. 32.19 32.19 18T-8708 5. TOWCHESTER DEVELOPMENTS LTD. 14.84 14.84 $471.24 $6,993.13 18T-8203 7. LINCOLN HOLDINGS PICKERING LTD. 1.63 1.63 $471.24 $768.11 18T-89021 8, 835607 ONTARIO INC. 16.34 16.34 $471.24 $7,699.99 t 8T-87021 10. WILLIAM AND HARVEY COOPER& 4.36 4.36 $471.24 $2,054.59 BARBARA JEAN KENNEDY 11. DONALD PRINS(IN TRUST) 1.51 1.51 $471.24 $711.57 18T-89070 TOTALS 70.87 32.19 38.68 — $18,227.39 1