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HomeMy WebLinkAbout2000-197 r r BY-LAW NO. 2000—197 Being a by-law to authorize the conveyance Limited of Part on Plan to TSC Stores WHEREAS Council at its meeting of May 29, 2000 passed By-law 2000-73 and declared the portion of Hunt Street more particularly described as Part 7 on Plan l OR2532 to be surplus AND WHEREAS the Council of the Municipality of Clarington at its meeting of October 16, 2000 approved the recommendations in Report WD-25-00 as amended by Addendum dated October 16, 2000 NOW THEREFORE BE IT RESOLVED THAT THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1• THAT the sale and transfer to TSC Stores Limited of Part on Reference Plan and Parts 11 and 15 on Plan l OR2532 is approved subject to a perpetual easement in the Regional Municipality of Durham in Parts 11 and 15 on Plan l OR2532 for the purposes of constructing, operating, maintaining and repairing thereon a sanitary sewer 2• THAT the Mayor and Clerk are authorized on behalf of the Municipality to execute the transfer. By-law read a first and second time this 16`h day of October, 2000 By-law read a third and final time this 16`h day of October, 2000. I Diane Hamre, Mayor I P i L. ie, erk . • Province Do Process Software Ltd. • (416)322-6111 Of Document General , Ontario Form 4—Land Registration Reform Act (1)Registry ❑ Land Titles ❑ (2) Page 1 of a-q pages (3)Property Block Property Additional: ❑ Identlfier(s) 26644 0241 (firstly) see g Schedule o�. (4)Nature of Document SITE PLAN AGREEMENT AU Be ML � J (5)Consideration o`�- J au .4c "` � V O cc Dollars$ U) ti o o (6)Description U W Firstly: — U o Part of Hunt Street,Plan H-50078 ry DESIGNATED as Parts 6, 7&8,Reference Plan 40R-20224 O Municipality of Clarington, (formerly Town of Bowmanville), Regional Municipality of Durham New Property Identifiers Additional: See ❑Schedule Executions (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement I Additional See ❑ Contains: Schedule Plan/Sketch ❑ Description Parties ❑ Other N (8)This Document provides as follows: See attached. 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 T C.REA)z TY Ilv(�....0�?�'n�?'� ---------•--.......-- ............................... SZEMENYEI Andrew Solicitor ` 2001 11 i -------------------------------------------•-(-------•-------d...----------------•-------.....------------..... ------........�.-------- --.......-•--------------.......--- --------- --- �v ------------------------------------------------------------------------------------------------------------•---- ................. -----... .................................. (11) Address for Service 570 Industrial Road, >London Ontario N5V IV1 (12)Party(les) (Set out Status or Interest) Names) Signature(s) Date of Signature Y M . 0 THE QRPQRATIQIV.QF THE MLINI IPALITY !' • ----- --------•--•.... ............................... CLARINGTON --------••-----------------•------.....-•------•------...------...----.....--------------..._........_........--_.. __.......---•-•---------.....•••......._.............-------•--._..........--••-- ------------•-•:-------------- .............................................••..............-----....-•••..................-••-••......---........ ....•••--...-••------...-••••-•-----..................-•••----....-•--........... ---------•--•--............... (73) Address � � for Service p 40 Temperance Street Bowmanville Ontario L1C 3A6 (14)Municipal Address of Property (15)Document Prepared by: J Fees and Tax Andrew L. Szemenyei w Registration Fee Not assigned Bitz, Szemeyei,Ferguson& D MacKenzie w U 376 Richmond Street U- London, Ontario ° T- N6A 3C7 o Total Document prepared using The Conveyancer Of Province Do Process Software Ltd. • (416)322-6111 Schedule Ontario Form 5—Land Registration Reform Act Page 2 . 28 Additional Property IdentHier(s)and/or Other Information ADDITIONAL P1Ns & DESCRIPTIONS SECONDLY: 26644 - 0240 Parts of Lots 52, 53, 65, 79, 80, 81, 82, 83, 84, 85 & 92, Plan H-50078, and All of Lots 54, 55,56,57,58,59,60,61,62,63,64, 86,87,88,89, 90 & 91, Plan H-50078, DESIGNATED as Parts 2, 3 & 4, Reference Plan 40R-20224 Municipality of Clarington (formerly Town of Bowmanville), Regional Municipality of Durham THIRDLY: 26644 - 0239 Parts of Lot 25,26,27,28,29,30,31,32,33,34,35,36,37 & 38, Plan H-50078 DESIGNATED as Parts 10, 11 & 12, Reference Plan 40R-20224 Municipality of Clarington, (formerly Town of Bowmanville), Regional Municipality of Durham UJ LLZ LO Ow (YU) OD Document prepared using The Conveyancer DN:TSC REALTY INC. DEVELOPMENT AGREEMENT MADE (in quintuplicate)this 22nd day of Nove2bbri BETWEEN: TSC REALTY INC., hereinafter called the "OWNER" OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, hereinafter called the "MUNICIPALITY" OF THE SECOND PART WHEREAS the Council of the Municipality has enacted By-law 90-130 being a by-law designating all lands located within the corporate limits of the Municipality of Clarington as a Site Plan Control Area, a certified copy of which by-law has been registered.in the Land Registry Office for the Registry Division of Durham (No. 40) as Instrument No. D405251; AND WHEREAS the Owner proposes to erect a retail commercial building on the said lands and has requested the Municipality to approve the said development pursuant to the provisions of By-law 90-130; AND WHEREAS the Municipality has resolved to approve the said development pursuant to the said By-law 90-130, provided that the Owner enter into this Agreement with the Municipality; AND WHEREAS the lands affected by this Agreement, are described in Schedule "A" hereto and hereinafter referred to as the said lands; AND WHEREAS the Owner has represented to the Municipality that the said lands are registered in the name of TSC Realty Inc. as stated in the affidavit attached to this Agreement as Schedule "B'; AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Regional Municipality of Durham, for the provisions of services from Baseline Road West with the approval of the Director of Engineering Services Department of the Municipality of Clarington; AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Veridian Corporation, for the provision of an electrical distribution system; NOW THEREFORE, in consideration of the mutual agreements and covenants hereinafter contained, the parties hereto agree as follows: "1 - 2 - 1. Annexed hereto and marked as Schedule "C' is a site plan showing the size, location, elevation and exterior architectural design of the building which the Owner proposes to erect on the said lands, which shall require the approval of the Director of Planning Services Department and the Director of Engineering Services Department prior to the issuance of building permits. 2. The Owner agrees that no buildings or structures, other than the building shown on Schedule "C" shall be erected on the said lands and further, that in the construction of such building, the Owner will comply with the elevations, exterior architectural design, the location of the buildings on the lot and all other matters relating to the building shown on Schedule "C", unless otherwise approved by the Director of Planning Services Department and the Director of Engineering Services Department. 3. PARKING AND LOADING The Owner agrees to provide and maintain off-street parking and driveway access in accordance with Schedule "C" and to do so in accordance with specifications to be approved by the Director of Engineering Services Department which shall include a surfacing of parking areas with concrete or bituminous asphalt. No parking of vehicles shall be permitted on access or driveway areas which shall be signed and maintained as fire access routes to the satisfaction of the Director of Emergency Services Department. 4. GARBAGE AND WASTE (a) The Owner agrees to provide and maintain enclosed garbage and waste storage facilities as may be required by the Municipality for the storage of garbage and other waste materials from the buildings on the said lands, in accordance with plans and specifications to be approved by the Director of Engineering Services Department and the Director of Emergency Services Department. (b) The Owner further agrees to remove garbage and other waste materials as often as may be required by the Director of Engineering Services Department and the Director of Emergency Services Department. 5. SNOW REMOVAL The Owner agrees to remove all snow from access ramps, driveways, parking areas, loading areas and walkways within twelve (12) hours of the cessation of any fall of snow. - 3 - 6. GRADING AND DRAINAGE The Owner agrees to undertake the grading of and provide for at his cost the disposal of storm, surface and waste water from the said lands and from any buildings or structures thereon in accordance with plans and specifications to be approved by the Director of Engineering Services Department and annexed to this Agreement as a portion of Schedule"C". 7. ILLUMINATION The Owner agrees to provide illumination of the said lands and building in accordance with plans and specifications to be approved by the Director of Engineering Department and to refrain from erecting or using any form of illumination which, in the opinion of the Municipality, would cause any traffic hazard or would cause a disturbance to residential uses adjacent to the said lands. 8. FENCING AND LANDSCAPING The Owner agrees to erect and maintain fences and plant and maintain, trees, shrubs or other suitable ground cover in accordance with the approved site plan and/or landscaping plan as per Schedule "C" of this Agreement. The Owner further acknowledges that the Municipality has the right to draw on the Letter of Credit with respect to the Landscaping Performance Guarantee for the Landscaping Works at any time when deemed necessary by the Director of Planning Services Department. 9. SIDEWALKS.-N/A The Owner agrees to reconstruct or repair, to the Municipality's specification, a sidewalk along those portions of which abut the said lands and which may require reconstruction or repair as result of the construction of the building and structures to be erected on the said lands. 10. ARCHITECTURAL CONTROL The Owner agrees that prior to the issuance of a building permit, submit to the Director of Planning Services Department for approval, a coloured schedule delineating the building materials and colours for all building and structure. The Owner further covenants and agrees that no rooftop mechanical equipment, such as air conditioners or ventilators, shall protrude from the roof or any other portion of the building unless the design and location thereof, including the screening of such -4 - equipment from public view, is approved by the Director of Planning Services Department. 11. APPROVAL OF PLANS AND SPECIFICATIONS The Owner agrees that the issuance of any building permit in respect of the said lands shall be prohibited until all plans and specifications required pursuant to this Agreement have been approved by the Municipality. 12. REGISTRATION AND ENFORCEMENT The Owner agrees that this Agreement shall be registered against the title to the said lands and that the Municipality will enforce the provisions of this Agreement against the Owner of the said lands and subject to the provisions of the Registry Act and the Land Titles Act, as amended, against any and all subsequent Owners of the said lands. The Owner further agrees to reimburse the Municipality for all reasonable legal fees associated with undertaking the registration of this Agreement. 13. FUTURE SERVICE CONNECTION - N/A The Owner agrees to connect to sanitary sewer, watermain and storm sewer if and when these services are made available to the said lands in the future. The Owner further agrees to bear all connection and frontage charges related thereto. 14. REQUIRED SITE WORKS The Owner agrees that, prior to the issuance of any building permit for the building identified on Schedule "C" hereto, all Site Works shall be approved by either the Director of Engineering Services Department, Director of Operations Department, and/or Director of Planning Services Department. The Site Works shall consist of Engineering Works and Landscaping Works. 15. APPROVAL OF SITE WORKS COST ESTIMATE The Owner agrees that, prior to the issuance of any building permit for the building permit for the building identified on Schedule "C' hereto, the estimated cost of all Site Works shall be approved by the Director of Engineering Services Department, Director of Operations Department, and Director of Planning Services Department and annexed to this Agreement in the Site Works Cost Estimate on Schedule "D". The Site Works Cost Estimate shall consist of the Engineering Cost Estimate and the Landscaping Cost Estimate. The Engineering Cost Estimate shall contain the - 5 - estimated costs for the construction and installation of all works within the municipal road allowance and any other related development works. The Landscaping Cost Estimate shall contain the estimated costs for the construction and installation of all landscaping and fencing for the development. The said approved Site Works Cost Estimate shall be deemed to have been included in this Agreement at the date of its original execution, whether or not it was, in fact, so included and whether or not it is, in fact, entered into Schedule "D" hereto. 16. PERFORMANCE GUARANTEE REQUIRED (a) Prior to the issuance of any authorization to commence work, the Owner shall provide the Municipality with a Performance Guarantee, in the form of cash or an irrevocable Letter of Credit issued by a chartered Canadian Bank in an amount equal to the Site Works Cost Estimate. The Performance Guarantee may be used by the Municipality as set out in Clauses 17 and 18 in the event the Owner fails to satisfactorily meet the requirements of this Agreement in respect of the provisions of the specified Site Works annexed to this Agreement in the Site Works Cost Estimate on Schedule "D". (b) The Performance Guarantee may consist of either one or both of the Engineering Performance Guarantee and Landscaping Performance Guarantee. The amount of the Engineering Performance Guarantee shall be equal to the amount of the Engineering Cost Estimate annexed to this Agreement in the Site Works Cost Estimate on Schedule "D". The amount of the Landscaping Performance Guarantee shall be equal to the amount of the Landscaping Cost Estimate annexed to this Agreement in the Site Works Cost Estimate on Schedule "D". (c) All submissions made under Clause 16(a) of this Agreement shall be approved by the Director of Finance Department for the Municipality. 17. USE OF ENGINEERING PERFORMANCE GUARANTEE The Owner agrees that the Municipality may, at any time, authorize the use of all or part of any Engineering Performance Guarantee if the Owner fails to pay any costs payable by the Owner or construct any Engineering Works required by the Municipality under this Agreement and contained in Schedule "D" within the Engineering Cost Estimate. In the event the Engineering Performance Guarantee is not sufficient to cover the costs of all required Engineering Works, the Owner agrees to reimburse the Municipality within 30 days upon demand for payment by the Municipality. The - 6- Engineering Performance Guarantee will be returned to the Owner upon completion of all Engineering Works to the satisfaction of the Director of Engineering Services Department, the Director of Operations Department and.the Director of Services Department. 18. USE OF LANDSCAPING PERFORMANCE GUARANTEE The Owner agrees that the Municipality may, at any time, draw upon and use all or any part of the Landscaping Performance Guarantee if the Owner (1) fails to pay any costs of the Landscaping Works, or (2) fails to construct any of the Landscaping Works required by this Agreement. If, in the opinion of the Director of Planning Services Department and the Director of Engineering Services Department, the Landscaping Performance Guarantee is not sufficient to cover the costs of all Landscaping Works, the Owner shall deposit with the Municipality additional cash or a letter of credit equal to the amount of any such deficiency within 30 days after written demand for payment is given to the Owner by the Directors. Clause 16 applies in respect of such additional or amended Letter of Credit if it comprises the additional required security deposited with the Municipality. The Landscaping Performance Guarantee or so much of it that has not been drawn upon by the Municipality in accordance with this Agreement will be returned to the Owner upon completion of all Landscaping Works to the satisfaction of the Municipality's Director of Planning Services Department and the Director of Engineering Services Department who shall give the Owner written notice of completion. The Municipality shall retain an amount equal to 20% of the Landscaping Performance Guarantee as security for the Landscaping Works for a period of one year following (1) the later of the dates which a separate notice of completion of each of the Landscape Works is given to the Owner, and (2) the date on which notice of completion of the Landscaping Works is given by the said Directors to the Owner, if notices of completion of the Landscaping Works are not given to the Owner simultaneously by the said Director (the Effective Date of Completion). The Landscaping Works shall be guaranteed by the Owner for a period of one year commencing on the Effective Date of Completion. After being given written notice by the Directors requiring it to do so, the Owner at its cost shall correct all deficiencies in the Landscaping Works including the replacement all missing or dead trees, plants and vegetation and replacement of all other missing or damaged landscaping items. If the Owner fails to comply with such written notice, the Municipality may enter on the said lands, do the work, supply or replace the trees, plants and vegetation or rectify other deficiencies on behalf of the Owner, and draw upon the portion of the Landscaping Performance Guarantee which has been retained as security as the Owner's guarantee, either to reimburse the Municipality for, or to pay the cost of so doing. - 7- 19. PAYMENT TO THE MUNICIPALITY (a) The Owner shall pay to the Municipality of Clarington by cash or certified cheque, the sum of $ 7,000.00 being a fixed payment by the Owner to the Municipality on account of the following: i) Development Charge Levy for additional dwelling units to be erected at $ per unit $ N/A ii) Payment in lieu of parkland dedication,.hereby fixed at $ 7,000.00 iii) Contribution towards construction of $ N/A iv) Payment for Hunt Street road allowance $ N/A (b) The money paid by the Owner under Clause 19(a) shall, upon payment, become the sole and absolute property of the Municipality of Clarington free from all claims of the Owners and the Owners shall not, under any circumstances, be entitled to any refund of any part of the said money, whether or not the actual cost of providing the services is less than the fixed amount paid by the Owner under Clause 19(a). (c) The Regional Municipality of Durham, Municipality of Clarington, Kawartha Pine Ridge District School Board, and Peterborough-Victoria- Northumberland and Clarington Separate School Board have all enacted development charge by-laws. The Owner agrees to pay all required non- residential development charges applicable to commercial buildings as determined by the Chief Building Official prior to the issuance of a building permit. 20. PERMITS The Owner acknowledges that approval of the site plan contained in Schedule "C" does not constitute compliance with the Ontario Building Code or Ontario Fire Code. The Municipality agrees that upon the Owners complying with the provisions of this Agreement respecting approval of all plans and specifications required herein, building permits will be issued in accordance with the plans subject to payment of the usual permit fees and other fees as are payable under By-law currently in force in the Municipality and provided that all building plans comply with the Ontario Building Code and such other Municipal by-laws as may be relevant and further provided that the Regional Municipality of Durham has approved the necessary connections to the municipal water and sanitary sewage systems and where any Agreement is required in respect of storm water run-off, that a copy of said Agreement has been deposited with the Municipality. - 8- The Owner agrees that prior to erecting any permanent or temporary sign on the property an application for a sign permit shall be made to the Municipality of Clarington. The Municipality agrees that upon complying with the provisions of this Agreement, the provisions of the Municipality of Clarington Sign By-law 97-157, as amended and receiving approval from the Ministry of Transportation, where the property is within 400 metres of a King's Highway or Controlled Access Highway, the Municipality shall issue a sign permit. The Owner further agrees to include a clause to any Lease Agreement, advising future tenants of the requirements for a sign permit for any sign to be erected or placed on the property. 21. LAPSE OF APPROVAL In the event a building permit has not been issued to the Owner within the period of two (2) years from the date of this Agreement, the parties agree that the terms and provisions of said Agreement shall become null and void. 22. CONSTRUCTION COMMENCEMENT The Owner agrees to commence construction of any building or buildings for which a building permit may be issued under Clause 20 hereof as soon as is reasonably practicable following the issuance of any such permit. 23. CERTIFICATION OF OWNERSHIP On the date of execution of this Agreement, if required by the Municipality's Director of Planning Services Department, the Owner shall provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title of the said lands and setting out the names of all persons having interests in the said lands and the nature of their interests. 24. TRANSFER OF LANDS The Owner agrees that, prior to the issuance of a building permit for the building and works identified in Schedule "C" hereto, the Owner shall deliver to the Municipality executed transfers, sufficient to the vest in the Municipality title in fee simple absolute free and clear of all encumbrances and restrictions, of the lands set out in Schedule "E" hereto. All transfers referred to in this Clause 24 shall contain provisions to the satisfaction of the Municipality's solicitor, and shall be made in a registerable form. - 9 - 25. TRANSFER OF EASEMENTS - N/A On the date of execution of this Agreement, the Owner, at its cost, shall deliver to the Municipality the executed transfers of easements which are set out in Schedule "F". Such transfers shall be free and clear of all encumbrances and restrictions, shall be made for a nominal consideration, shall contain provisions satisfactory to the Municipality's solicitor, and shall be in a registerable form. 26. REGISTRATION OF TRANSFERS The transfers referred to in Clause 24 shall be prepared by the Owner and shall be registered at the Owner's expense, prior to the issuance of a building permit for the building and works identified in Schedule "C" hereto. 27. MAINTENANCE OF OIL/GRIT SEPARATOR(S) The Owner hereby agrees: (a) That the oil/grit separator(s) be inspected by a qualified engineer at appropriate intervals but no less than twice a year during the months of July and November; (b) That the qualified engineer certify and advise the Municipality and Central Lake Ontario Conservation that the oil/grit separator(s) is functioning as outlined in the approved engineering plans; and, (c) That if the qualified engineer finds that the oil/grit separator(s) is not functioning and/or requires maintenance, that the Owner will be responsible for repairing and/or cleaning of the separator(s). 28. COMPLETION OF SITE REMEDIATION WORKS The Owner agrees that, prior to the issuance of a building permit for the building and works identified in Schedule "C" hereto, all remediation works identified in two environmental reports prepared by Gartner Lee Limited entitled Phase II Environmental Site Assessment of the "Duke Street Property", Town of Newcastle Ontario (GLL 97-264) as prepared on February, 1998 and Supplemental Phase 11 Investigation - The TSC Stores Limited property in the former Town of Bowmanville, Ontario (GLL 20-473) as prepared on December, 2000 must be completed on lands identified as Parts 2, 3, 4, 6, 7, 8, 10, 11 and 12 on Plan 40R-20224. A Record of Site Condition must be filed with the Ministry of Environment and submitted to the Municipality of Clarington indicating an acceptable level of remediation for a commercial use. i - 10- 29. ENVIRONMENTAL IMPACT STUDY RECOMMENDATIONS The Owner agrees to implement the recommendations of the environmental impact study report prepared by Aquafor Beech Limited and Beak International Incorporated on June, 2001 and entitled Environmental Impact Study., TSC Stores Limited. These recommendations include the following items: (a) The placement of all fill materials should be restricted to locations above the "top- of-bank"to preserve the physical valley feature. (b) Direct drainage discharges into the valley shall be presented to protect the adjacent Environmentally Sensitive Area, downstream wetland, and cold water fishery from urban contaminants and/or chemical spills. (c) All parking and storage areas shall be bounded by full curbs and gutters to prevent chemical spillage into the valley. The major overland system drainage shall be directed onto the tablelands to the south via small curb cuts that can be blocked off in the event of a major chemical spill. (d) All soluble chemicals such as fertilizers, agricultural chemicals, de-icing salt, and similar substances, shall be located under the roofed section of the outdoor storage area to prevent them from being washed into the storm sewer system. (e) The salting of paved surfaces shall be avoided to prevent the potential release of chlorides from the plowed snowpack into the valley each spring. (f) The development shall provide and fully maintain all required sedimentation and erosion controls required by this report and by Central Lake Ontario Conservation. The Owner shall ensure that no sedimentation enters the Bowmanville Creek and associated Environmentally Sensitive Areas and downstream wetlands to impact the cold water fishery. The Owner shall also adhere to the soil stockpiling requirements of Central Lake Ontario Conservation. 30. PUBLIC ACCESS TO OUTDOOR STORAGE AREA The Owner agrees that the outdoor storage area associated with the TSC Stores Limited retail development shall not be accessible to the public as a retail area. 31. POSTPONEMENT OF MORTGAGE The Mortgagee that is lending his mortgage to this Agreement does so with the intent that this Agreement shall take effect as though dated, executed and registered prior �so - 11 - to the mortgage. In the event that (1) the Mortgagee obtains an order of foreclosure against the Owner, (2) the Mortgagee directly or indirectly takes possession of the Lands, or (3) the Lands are sold after default occurs under the Mortgage, the Lands shall not be used or developed by any person otherwise than in conformity with the provisions of this Agreement. In order to give further assurance to the Municipality, the Mortgagee at its cost shall execute a separate Postponement Agreement containing terms satisfactory to the Municipality's Solicitor forthwith after being requested to do so by notice given in writing to the Mortgagee and to deliver the same to the Municipality. 32. INTERPRETATION NOT AFFECTED BY HEADINGS The division of this Agreement into paragraphs and the insertion of headings are for convenience of reference only and shall not in any way affect the interpretation of this Agreement. 33. SCHEDULES The following Schedules which are attached hereto, together with all provisions therein, are hereby made a part of this Agreement as fully and for all purposes as would be the case if they were set out in the text of this Agreement as covenants and agreements: Schedule "A" - "Legal Description of the Lands" Schedule "B" - "Affidavit of Ownership" Schedule "C" - "Site Plan: A1" "Floor Plan: A2" - "Elevations, Plan and Section: A3" - "Landscape Plan: L1" Schedule "D" - Site Works Cost Estimate Schedule "E" - "Lands to be Transferred" - 12 - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: ) THE CORPORATION OF THE ) MUNICIPALI LARINGTO John Mutto , Mayor ) Patti . "a ,: u pal Clerk TSC REALTY INC. Roy Carter, r sident -":Z7 h�,��� �-�� 14 14-x-/4/,d Ai'7--y T- Gord Illes, Vice President- Merchandising r � 1�u h�GP i -rY T� A i C`v R a 2 Y:'es el . John ropp, V' e Pv6fdent- Finance and Administration C iz, r11 1v ) SCHEDULE "A" THIS IS SCHEDULE "A" to the Agreement which has been authorized and approved pursuant to By-law No. 90-130 of the Town of Newcastle (now the Municipality. of Clarington), enacted and passed the 23rd. day of July, 1990. LEGAL DESCRIPTION OF SAID LANDS ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham, and being composed of that Part of Lot 11, Broken Front Concession, in the former Town of Bowmanville, more particularly described as Parts 2, 3, 4, 6, 7, 8, 10, 11 and 12 on a Plan which was deposited in the Land Registry Office for the Registry Division of Durham (No. 40) as Number 40R-20224. SCHEDULE "B" THIS IS SCHEDULE "B" to the.Agreement which has been authorized and approved pursuant to By-law No. 90-130 of the Town of Newcastle (now the Municipality of Clarington), enacted and passed the 23rd. day of July, 1990. STATEMENT OF OWNERSHIP TSC Realty Inc. are the Owners of the property as described in the Schedule "A" attached hereto and as such, have knowledge of the matters hereinafter contained within this Agreement. rill SCHEDULE "C" THIS IS SCHEDULE "C" to the Agreement which has been authorized and approved pursuant to By-law No. 90-130 of the former Town of Newcastle (now the Municipality of Clarington), enacted and passed the 23rd. day of July, 1990. 'AS PER ATTACHED' WTI-= BATA . 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SHRUB PLANTING tits a. n,b. :� �r�drFl��.rmYrrlb�l�.CdW. 1Or " I !YS<(LftWA b� LA"✓AFiA4ET j — a. f2 tot SPECIHCATIOfi3 t PROTECTION AND PRESERVATION OF E)QISMIG VEGETATION y �eea...o w s e.oe..m w..un-o.ew 777�; a,...... ' w.rrw���r��«;M•�« ...•o»rr..r Y.Y.ar v n..bYw°•v o..r•o �arc.rw r,�aev��w�c:.c:a+o�.u'.ua.•ww ^••••a oe.�...« v�r« u:.:°�vn�.u,^"�'i.'..',w. wai re cwon..r +w,ro.w s. ;RE: L.ANEDSCAPE PLAN sc,o.�E• , 300 � w:,,v=.� M.�r.�.«..,.va...,..�r.w "'„v�'.,,o�`•.�=•:a �..,a•.`�o�� °»�,.•. ...�r r..�r...�....w�.rw,y,.w«,r....•.a...,, � w .oY :rr.m-a a Nr,,. 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YM.a1J NLTl r♦Yrl.3LL •' Ib - l.: JC h't,l�su TO�..nrur+aa a ,p - -ullI YMY HrAa n.._4;;_.AO+c•'-Y _ - 'd arrousa.cpror.!'cw+.00! S� b v . mM• . al Nlq ro33 0,...01 ,.''moralPn1t1Y1LL. I /r' r a _-r -Ar-_---__.___-____ _.__+ -�a' y,f•Iw r L.rer.\ ^'CtiR^I°E! - air G16 C }. ¢ I, A2 4 -w O IGMr Srs1!rtAR xW ro etT ` 9L6na+°ovr h•mi 4M�Mi r4L4c 4 f "m'-••�® • -• Z' Xar Y1. oKVC.i�W UY:_R�SWI\vP• '!!IR�•ObI aR_- LC.'WBI aMIN 0.+1.1:•LfWf10 uI['i0•1L. _ II .x,,,;r •,1,�Ir.HS•.t-..��.r�.� ,'�.r��'�t11 I—��„ ..lA'W.Cr!! .!f � IL� �� O..n -- - __ _ '�SrnyrE.1aA +a0•F _ � _-_ lam' \34A'�s rPAti-wt1 - Ii .��Ral•a v"Ll�'!� �XYIp?II�RL�•!4•r P4 .trl1!!I•rr�r0.C1aYrOaly! l^. � .•.fW la1� KSR 4•p•1GNa.reu /� ��?'�'.a6'!G♦OY9leO�lT.6 x � a cYDIED�'!-n,.60J1'2Of a�wl•r•a<-J r-r cueu :lar.l.m N,.a >6`E^P3: - A2�.4 1R11'Ati1 r1 PAlRI h•"CZ!71n'u!:Gd lC! Y�Af 4lIrYG{3•f(�pa .-=+fr lascLG mOR: rowr�rre SQ YC'^a r yn311 fl-•[a3r ro onc[�l1 rwn 02 03 FLOOR PLAN _ CaMACTOR9 Wffr CsE AAO l PROPOSED TSC OUTLET yT :�1 '�A" "° r SPRIET ASSOCIATES j Am ascr�AKCr ro rre FM ;' ,;, ---, uaNn oy: 9ES.�•. 88�ae ProcEEDp xfr+l rre wows ,�,,•�� -•, nb!'iORLC't�) o` a,an,;��crs e El7 LONl70 _TO. BASELINE ROAD & DUKE STREET A-° itects en ineers BOWMANVILLE ONTARIO 9-locatlon�eT at LDERS LCbCCN l " 9 rM13 YeWUlAw 1-uta..WN i ., A2 W..ac.ra h!� If tff e3ASSL =LCCR =L 4N G`N ^I IL M'•M'!a ----nwwm Tern yr.�.er onw-, I o�xmwn-, Soule moo.er aner srwar ana�a � I I � aeoow rn�r —�wl.w Bern wu.rnm.rn, I � I '�I u u, rau.v�eo<'1 u, rurw 'mn..••. III ' u� �� '� I v1./aoww•r••. r eves rr. i~ y li i�wanu i� !rora7urai. `1•�IYl.Na 16 ' � 'I - I I �� w.aa m•v.ce r.•..im�erez.+e oirr - oreo•o,w a eai.ea.T a.uS'�!�_ .Ma•rri�ti,nriPUar �� I tl� i � �e�o-0�:_ - —�nm.eorv, : wswe� I a+.uo Dear e•v.:,.•* �:+i.rr.• ter:r,.r t r - .OA �acnr- e.acfiunr ro �I•v.,arww uc� -ruw.ern cla. wve`aclr.•elmoa— ' ..,-io« '.. ^� can •n.a LN ` --- -- ti - ---"t -x R•+rL_ �ena v it 1' 9 a•:rro~i n�r�•a r i --- ,�.�rnm�w�-- - -- ---- WEST ELEVATION �_ L� �' O Y•.T']aui.' _-; yp(•vr�R l+Ser !a!*]sVRR_ pp r D AP C O O M Z 'IM fLIrl� irlL.40'YTII W PR®VFF� -.�. O O O _� fX•lO.e dl I MCT,oH iORrC4Ml.',[�1W 01e--.t✓(.lO puf. BRICK COLUMN/ MEZZANINE PLAN °• a -u u, _u / al ! FENCE pETAIL 1 ®I ® 1 G SERVICE --4a1 G e '�I � sy I i A II -+Aa 41ht7`�iYlp, Pin - DIRECTOR OF ENGiN ERiNG EAS ELEVATI�N ate --- ---- _ oc..�a, lo- u3.yx1� G �l V © �� �.Y \ �nwlaaxs �• i� �� _ 1 l`-1 ,ws�mao:...---� rsmcccvn�.ro raz8 !TJ'84GY. CO.>ore Clf4-.!Y@T•W 5B /!� �.. h••A•O J n�a.wo.v�r.u. Macro � ron.w rarer '] -nor P•u 1 I EL(=�/ATION 1`.C'Jm aafr5•S'ec t 1 .r^o-a•w•Ar.uen m � r-- - - ---- - nc-ai' ro� -- r---- -- 1=r =---- -- - -- pR4� ----___•� ; CO[lEtC fl.LOC r1Vt\ _ -iIb TRIr•R �J - � =0UC241AC I SOUTH ELEVATION I :L•tCYr.l:rA•1•Nc sl j•�Sf R]4L J+G SOE n O ae u��•R^'ui I nv.i.m mn— 0.•+�rta� 'I I •r•Mta'ern 1Q 9'1l1/rl r•PrM�O]P.M•a•t'�� LLC(L1M rPYRI t- 4 � FYI t { 1 _, _ r�naaw•rcx nor- =' - aiaa�"zc- :.esvr..R - �_ae.�.r:.no:a.waine --- -- - -------- _%c:�r•rvonaee-- SECTION A—A —l,lalR dQZ .O @.Y[O®41!'WI 2i4'4!9¢ruO fS _NORTH ELEVATION 'r°,.".°.am,"ure. "'o'ra""'a",� .�"'�a' °'•'-'"-°' CQVWCTageusrCfa AM AM DC90"AXICY TO FfW �s5 SPRIET ASSOCIATES PROPOSED TSC OUTLET g Nogy 'WHI)f;(FAA; I��l 'niivar /3\ 360E PPOCEHXIQ'MR1 T}E Mt'71�C la��i1�, o'a•n of .BS�n:. Wag �'� � LtMtTE30 LONDON LTD. BASELINE ROAD & DUKE STREET a� a "S"' """' t architects engineers BOWYANVILLE, ONTARIO a i•BILD�S LCtDON 9rVf=c� -f,`.Ei.;4rr7 :L>erai /'`. B-bcatlon0.eet g C.. `swum rH www-Iad..nu iN �• yr»en.isl w.wv A3 ..rw•Gns .... � .-MNn1 sheet � SCHEDULE "D" THIS IS SCHEDULE "D" to the Agreement which has been authorized and approved pursuant to By-law No. 90-130 of the former Town of Newcastle (now the Municipality of Clarington), enacted and passed the 23rd day of July, 1990. SITE WORKS COST ESTIMATE Engineering Cost Estimate Entrance Construction from Baseline Road Entrance and Curb Restoration $ 4,100.00 Boulevard Tree Removal $ 2,000.00 Storm Sewer Connection Repairs $ 14,000.00 Total Entrance Construction Costs. . . S 20.100.00 Landscaping Cost Estimate Sod and Seeding $ 6,600.00 Supply and Install Trees $ 8,200.00 Supply and Install Plants $ 4,958.00. Supply and Install 2" Mulch $ 780.00 Decorative Fencing: Masonry Piers $ 22,400.00 Decorative Fence $ 16,500.00 Total Landscaping Costs . . . $599.438.00 SCHEDULE "E" THIS IS SCHEDULE "E" to the Agreement which has been authorized and approved pursuant to By-law No. 90-130 of the former Town of Newcastle (now the Municipality of Clarington), enacted and passed the 23rd day of July, 1990. LANDS TO BE TRANSFERRED 1. Parts 1, 5 and 9 of Plan 40R-20224 for road widening purposes. 2. Part 1 of Plan 40R-20772 for road widening purposes. 3. Parts 1 to 5 inclusive of Plan 40R-20586 save and except lands now described as Parts 1 and 2 of Plan 40R-20772 for purpose of spur rail line transfer within valley lands. DATED: November 22 , 2001 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and - TSC REALTY INC. DEVELOPMENT AGREEMENT The Corporation of the Municipality of Clarington Planning Services Department 40 Temperance Street Bowmanville, Ontario L1C 3A6 File: SPA 2000-001 rl<ur� ��b hluHrnulVU sir<ttC bl� bb10 4S5'I 20 2,03-22 1301 #629 P.02/03 ' = ZMJ o►avi"ce Transfer/Deed ©f Land Process$oflware l td. • (418)=-61 11 Ontarlo FOM 1—Land Registration Reform Act 22882 (t)Registry ❑ Land Titles (2) Page t of 3 pages (3) Property Block Property Identlild(s) 26644 0240 (firstly) X110""I: ; l ru czG�yy i 0241 (secondly) schedule o o (d)Consideration j cc z � d _ o \, 0--- --_- - .--.--Dollars S 2,00 W a a > C (6)Description Thle is a; Property. Property CM 11 ti Division Consolidation ❑ W Firstly: Parts of Lots 65&92, Plan H50078, LL Q4 C> NOW DESIGNATED as Part 1, I Reference Plan 40R-20224 Ll Municipalityty of Clarington,(formerlIyy Town of Bowmanville) a New Property identifiers i Regional Maia(pality of Durham, ubject to N44752 an Subject to T�120343 �diuonar; ;I �I Schedule j❑ Secondly: Part of Hunt Street,P H50D7$ Ezecutlons NOW DESIGNATED as Part 5,�tellerence Plan 40R-20224 Municipality of Clarin on (formerl Town of Bowmanvllle) Additional: Regional Municipality o Durham, abect to N44752 and Subjectto N120343 See Schedule (6)This (a)Redescltption (b)Schedule for (7) (Iltere5N�5tdte Transferred 4oCUment New Easement Additional Fee t3lmde Contains Plan/Sketch ® t QX Description Patties C3 other I , ( ) by transferee�sieidrytli�pr (8)Transferor s The transferor,here transfers the[and to the Name(s) .. ..........._..._............................. Signatures) Date of Signatum a Y M k 0 -- ...^.......... ...,.._.. Perk. Z 0 ' .A. _..... dame: oy __ �.ktavg aOl hQri1X.lSt.b.131t1.gll�.. RCp9X�titl ... Titl"10-W .......^............ ^...�. _.. __i__ � . (8) Spouses)of Transferor(s)I hereby consent to this transaction Date of S net s Ndme(s) $IgnatUre(s) d 8 l' ,f� r.- Y I --- ....... ..........._ —t I i 4 (10) Transferors)Address for service $70 Industrial Road,London,Ontario NSV,1 VI", ) (11)Transferees) "' Datecf Butt', Y M , THECORPORATI N F TH _.____ _—•--....^..Q..,,�?..........F.(N[CI�,TC�t.�11yOy.CLARINGTON: : 1 I • ! t ........ . ....�-- -_ . . ^. ......^ ..^......._........................................... . . ...:................ ... (12) Transferee(s)Address - for service 40 Temperance Street,Bowmanv€lle,Ontario L1 C 3A6 ( ) ( ) es that to the best of the transferor's knowledge and belief,tilts trarisfar 18 Tra sferor s The transferor vertfi _ does,nat contavene section 5(1 of the �I Date of Signature Y I M I p ate Of Y r °i �,v rr(. D i Signature ..... l .._....^..^................. ...._..._............x ._.......1........__.� Signature.. ..w...:._..........W............... f._.,.^.........+ - liozi -Solicitor for Transferors}i have explained the effect of section 50 of the Planning Act to the transferor and i have made inquiries of the tip:isferor to that this transfer does not contravene that section and based on the information supplied by the transferor,to the best of my knowledge ar"r belief,thi,: g standing. ° Asa e s of section.I am an Ontario solicitor to cod Date of does n contravene that for SoIleR14 Solicitor 1 g, ( ) ranaferee(sJ t have Investigated the title to this land and to atwiting land where relevant and tam satisfied that tl v� tale recur no contravention as set out In subclause 50(22)(o)(H)of the Planning Act and that to the beat of my knowledge and belief 11,1-i transfer aContravene section 50 of the tanning Asti I act independently of the solicitor for the transferors)and I am an Ontario ac:bc t'r in good E Name and s t Address of Date of{' Solicitor Y Signature..............._....._� (15)Assessment Roil Number �Y. ;Mun.; Msp : sub. Per. .._.._..._......_..._..... ..�; of Property i i I i Not assigned t t Tax (18)Municipal Address of Property 1 O Registration Fee ; (17)Document Prepared by: _ Andrew L. Szemenyei W Land Transfer T� Vacant land BUZ,Szemeyei,Ferguson& MacKenzie 376 Richmond Street London,Ontario N6A 3C7 w1(t , r F� ' o --- Total I I ooeumeM preperod using rh.MnwyanaL "„ rnurl J i o n Lunlul`1LJ o i ngt l I olD oou -ioa , "GVJ Lr VJJ' GL 1J•:JL .1bL'd h'.IDJ. ...> Province j Do Process Software Software Ltd. (416)322-6111 On tario Schedule' Form 6 Land Raglatratton Rafern Page 2 I Addltlonal Property Identlflar(s)and/or Other Information II' ADDITIONAL PINS I I THfRDLY: 26644 -0239 Part of Lot 38, Plan H5007$ DESIGNATED as Part 9, Reference Plan 40R-20224 Municipality of Claringtoa(formerly Town of Bowmanville), Regional Municipality of Durham F FoZ'-A-0/iY 26644 - 0124 Parts of Lots 11 & 12, Broken Front Concession( eogra hic Township of Darlington) DESIGNATED as Parts 1, 2 3 Reference Plan IOR-2i586 , Municipality of Caarington, Regional Municipality of Durhan Ra Vaimamp0ow air, ,26644 - 0125 Parts of Lot 1.1., Broken,Front Con.cessi.on.(geographic Town.stlip of Darlington) and Parts of Lot 3233, 34, 35, 36, 37 & 38 Plau H50078 (formerly Town of Bowmauville) DESTGNATED as arts 4& 5, Reference Phan 40R-20586 ANr. e Y, r, P!R"i -Yot --.7Q SAVE and EXCEPT for lands Designated as ParvOOM t, Reference Plan 40R-20772 Municipality of Clalington, Regional Municipality of Durham I I I I I j I TIr 1: LL r j i i i , 00 Qj 09%nord prepared uOn!The CoawYanaer j