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2004-180
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004-180 Being a by-law to authorize the execution of a Front-Ending Agreement between Orchard Park Estates (Bowmanville) Inc . and the Municipality of Clarington WHEREAS at a meeting held on June 28 , 2004 , the Council of the Municipality of Clarington adopted the recommendations contained in Report EGD-36-04 ; NOW THEREFORE BE IT ENACTED: 1 . THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation' s seal , a Front-Ending Agreement with Orchard Park Estates (Bowmanville) Inc . ; and 2 . THAT Schedule "A" attached hereto forms part of this by-law. By-law read a first and second time this 28th day of June 2004 . By-law read a third time and finally passed this 28th day of June, 2004 . NIZ-, John. utton, Mayor Z - Patti ar , Municipal Clerk LRO#40 Notice Under S.71 Of The Land Titles Act Receipted as DR303962 on 2004 07 30 at 15:44 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 56 Properties PIN 26619 - 0506 LT Estate/Qualifier Fee Simple Absolute Description LOT 1, PLAN 40M-2066, CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM. Address CLARINGTON PIN 26619 - 0078 LT Estate/Qualifier Fee Simple Absolute Description PCL 10-2 SEC CON.2. BOWMANVILLE; PT LT 10 CON 2 TOWNSHIP OF DARLINGTON, PT 1,40R14379 ;CLARINGTON Address CLARINGTON PIN 26619 - 0429 LT Estate/Qualifier Fee Simple Lt Conversion Qualified Description PT LT 10 CON 2 DARLINGTON PT 5,40R13953; CLARINGTON Address CLARINGTON PIN 26619 - 0431 LT Estate/Qualifier Fee Simple Lt Conversion Qualified Description PT LT 10 CON 2 DARLINGTON PT 6,40R13953;S/T EXECUTION 94-01108, IF ENFORCEABLE; CLARINGTON Address CLARINGTON PIN 26619 - 0428 LT Estate/Qualifier Fee Simple Lt Conversion Qualified Description PT LT 10 CON 2 DARLINGTON PT 7,40R13953;CLARINGTON Address CLARINGTON PIN 26619 - 0430 LT Estate/Qualifier Fee Simple Lt Conversion Qualified Description PT LT 10 CON 2 DARLINGTON PT 8,40R13953;CLARINGTON Address CLARINGTON PIN 26619 - 0089 LT Estate/Qualifier Fee Simple Lt Conversion Qualified Description PT LT 10 CON 2 DARLINGTON AS IN BO14802; CLARINGTON Address CLARINGTON PIN 26619 - 0087 LT Estate/Qualifier Fee Simple Lt Conversion Qualified Description PT LT 10 CON 2 DARLINGTON AS IN N162193;SIT SPOUSAL INTEREST IN N162193; CLARINGTON Address CLARINGTON PIN 26616 - 0634 LT Estate/Qualifier Fee Simple Lt Conversion Qualified Description PT LT 11 CON 2 DARLINGTON PT 2, 10R2397;CLARINGTON Address CLARINGTON PIN 26616 - 1114 LT Estate/Qualifier Fee Simple Absolute Description PT LT 11, CON 2(BOWMANVILLE/DARLINGTON), PT OF PT 1 10R3416 LYING N OF PLANS 40M1911 &40M2022, EXCEPT PLAN 40M2152;S/T EASE OVER PT 1 40R20345 AS IN LT1024294; CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM. (DESCRIPTION NOT ACCEPTABLE FOR FUTURE REGISTRATIONS SEE LAND REGISTRAR) Address CLARINGTON PIN 26616 - 1112 LT Estate/Qualifier Fee Simple Absolute Description PT LT 11 CON 2,TOWNSHIP OF DARLINGTON (AKA TOWN OF BOWMANVILLE)PT 1 40R19528 S&E PTS 1 &2 40R21434;CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM;S/T EASEMENT OVER PTS 3&4 40R21434 AS IN DR169050 Address CLARINGTON PIN 26616 - 0004 LT Estate/Qualifier Fee Simple Absolute Description PCL 11-1 SEC CON.2(TWP.OF DARLINGTON); IN THE TOWN OF NEWCASTLE, IN THE REGIONAL MUNICIPALITY OF DURHAM BEING THAT PT LT 11, CON 2 TOWNSHIP OF DARLINGTON IN THE COUNTY OF DURHAM PTS 1 &2, 10R442;S/T AN EASEMENT IN AND UPON SAID PT 2, 10R442 MORE PARTICULARLY SET OUT IN NL5968 ;SIT RIGHT AS IN DR167860; CLARINGTON Address CLARINGTON LRO#40 Notice Under S.71 Of The Land Titles Act Receipted as DR303962 on 2004 07 30 at 15:44 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 56 Properties PIN 26619 - 0020 LT Estate/Qualifier Fee Simple Absolute Description PCL 9-1 SEC CON.2 NEWCASTLE, DARLINGTON (BOWMANVILLE); PT LT 10 CON 2 TOWNSHIP OF DARLINGTON, (FORMERLY IN THE TOWN OF BOWMANVILLE), PT 1, 10R3790,W OF SWINDELLS ST,S OF 40M1670&N OF 40R14379 EXCEPT PT 1, 10R2951 ;SIT LT631099 CLARINGTON Address CLARINGTON Consideration Consideration $0.00 Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Address for Service 40 Temperance Street Bowmanville,ON L1 C 3A6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation The Corporation of the Municipality of Clarington by John Mutton, Mayor and Patti L. Barrie, Municipal Clerk. Party To(s) Capacity Share Name ORCHARD PARK ESTATES(BOWMANVILLE) INC. Address for Service c/o Baywood Homes 1140 Sheppard Ave.W. Unit#12 Toronto, ON M3K 2A2 I, Ralph Canonaco, President, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. Statements This notice is for an indeterminate period Schedule: See Schedules The solicitor for The Corporation of the Town of Newcastle, Dennis Hefferon,has consented to the registration of this document,subject to the continuance of registration no. LT582873 registered on 1992/02/14 Signed By Dennis Charles Hefferon 2600-200 Bay St., Royal Bank acting for Applicant(s) Signed 2004 07 30 Plaza,South Tower Toronto M5J 2J4 Tel 416-864-7385 Fax 4168647404 Submitted By DENNIS HEFFERON LAW OFFICE 2600-200 Bay St., Royal Bank Plaza,South Tower 2004 07 30 Toronto M5J 2J4 Tel 416-864-7385 Fax 4168647404 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 LRO#40 Notice Under S.71 Of The Land Titles Act Receipted as DR303962 on 2004 07 30 at 15:44 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 3 of 56 File Number Applicant Client File Number: #7577,ORCHARD PARK F-E,40M-2066 I ORCHARD PARK ESTATES FRONT-ENDING AGREEMENT THIS AGIMEMENT made in quintuplicate as of this Oday of June,2004. i BF,TWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ORCHARD VAR PARK ESTATES (HOWMANVILLE)INC. i - and- THE DANK OF MONTREAL I I l TABLE OF CONTENTS I j € ARTICLE-: . . ......:.: .......2 i D .......... .................. 1.1 Definitions.........:.................................................... ....'..::........................E.........,....::.2 ARTICLE 2—ACKNOWLEDGEMENT RESPECTING BASES OF AGREEMENT...........8 ARTICLE 3'—METHOD FOR DETERMINING REIMBURSABLE,NON..........................8 ARTICLE 4 - COST OF ADMINISTERING THIS AGREEMENT......................................9 ARTICLE 5 - SECURITY FOR OWNER'S OBLIGATIONS AND COVENANTS..............9 ARTICLE 6 - INSTALLATION OF SERVICES BY THE OWNER....................................19 6.1 Owner Installs...........................................................................................................19 6.2 Not Used...................................................................................................................11 6.3 Return of Financial Security..............................................................:......................11 6.4 Owner's Cost of S ervices..........................................................................................11 ARTICLE 7 - RECOVERY OF FRONT-END PAYMENTS(RECOVER"LE)...............1,2 ARTICLE8 - 0$JECTIONS....................................................................................................15 ARTICLE 9 - INDEMNITY AND 1191MBURSEMENT......................................................15 ARTICLE 10 INTEREST ON ARREARS.............................................................................17 ARTICLE 11 - COMMENCEMENT AND EXPIRY OF TERM..........................................17 ARTICLER1~01$TRATIQN OF AGREEMENT............................................................17 i ARTICLE 13 FURTHER ASSURANCES..............................................................................17 ARTICLE 14 - SUCCESSORS AND ASSIGNS........................................................................17 ARTICLE15 ACCEPTANCE.................................................................................................18 ARTICLE16 NOTICE............................................................................................................18 ARTICLE17 - INTERPRETATION.......................................................................................18 ARTICLE 18 - AUTHORITY TO MAKE AGREEMENT.....................................................19 SCHEDULES TO AGREEMENT Schedule"A" - "Legal Description of the Lands" Schedule"B" "Plans Showing Benefiting Areas" Schedule"C" - "Legal Description of Retained Lands" Schedule"D" - Not Used Schedule"E-I " - "List of Owner Services Installed or to be installed by Owner" Schedule"E-2" - "Cost of Installation of Owner Services" Schedule"E-3" - "Proportion of Cost of Installation of Each of Owner Services Paid by Owner and Municipality" Schedule"E4" - "Capital Grants,Subsidies or Other Contributions" Schedule"E-5" - "Total Net Capital Cost of Installation of Services" Schedule"E-6" - Not Used Schedule"E4" - Not Used Schedule") -8" - "Manner of Calculation of Portion of Front-End I ' i t I I � ll Payment to be Made by Each Benefiting Owner Respecting Services" Schedule"F" - Not Used Schedule"G" - Not Used i Schedule"H" - Not Used I Schedule"i" - Not Used j Schedule"J" - Not Used Schedule"K" - "Calculation of the Front-End Payment (Recoverable) for Service (Recoverable), Owner's Share and Benefiting Owners'Shares" I I i I i 1 FRONT»ENDING A R I MINT A�- THIS AGREEMENT made in quintuplicate as of this day of June,2004. I BETWEEN:. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the"Municipality") OF THE,FIRST PART -and- ORCHARD PARK ESTATES (BOWMANVILLE)INC. (hereinafter called the"Owner") I OF THE SECOND PART I and- THE BANK OF MONTREAL (hereinafter called the"Mortgagee") ' OF THE THIRD PART WHEREAS: A. The Owner was the registered and beneficial owner of the Lands identified in Schedule"A" which Lands are within the Benefiting Areas 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 of the Retained Lands other than the Mortgagee under a Charge registered in the Land Registry Office for the Land Titles Division of Durham(No.40)as Instrument No.LT1034409("Charge"); C. The Owner has sold the Lands, other than the Retained Lands, for the purpose of development,The Owner intends to development the Retained Lands; i i 2 D. The Municipality enacted By-law No,2000-108 being a development charge by-law under the Development Chargestlet,1997; E. The Owner requested permission to install the"Owner Services"as hereafter defined and described which the Municipality agreed to permit; F. The Owner Services are works for which there will be an increased need as a result of development of the lands within the Benefiting Area and will benefit the relevant Benefiting Area. The Owner Services are services to which By-law 2000-108 relates. The Owner Services are also services referred to in paragraph 5(1)(8)for which under paragraphs 3 and 4 of subparagraph 5(5) of the Development Charges Act,1997,there is no percentage reduction; i i G, Under the Development Charges Act, 1997,the Municipality and the Owner are empowered i to enter into this Agreement for the installation of the Owner Services by the Owner;and H. The execution of this Agreement by the Mayor and Municipal Clerk on behalf of the Municipality is authorized by By-law No.2004-J& passed on the,28f 8f day of June,2004, 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 I 1.1 Definitions (1) In this Agreement, (a) "Act"means the Development Charges Act,1997. (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 Engineering Services given to the Owner or the Owner's Engineer to I 1 1 i 3 I commence the construction and installation of the Owner Services pursuant to the Subdivision Agreement. I (e) 'Bank Act' means the Bank Act, R.S.C. 1985, c.B.1, as amended, revised, re- enacted or consolidated from time to time,and includes any successor statute. (f) "Bankruptcy Act"means the Bankruptcy and Insolvency Act,R.S.C. 1985,c.13.3, as amended,revised,re-enacted or consolidated from time to time,and includes any successor statute. (g) 'Benefiting Area" means the lands shown on one of the plans contained in Schedule"B"that comprise lands which will receive a benefit from the construction of the Owner Service identified on the plan and are identified on the plan as a Benefiting Area; (h) "Benefiting Owner"means an owner of land within a Benefiting Area.The lands owned by each Benefiting Owner within a Benefiting Area are shown and are identified as such on the plan of the relevant Benefiting Areas contained in Schedule "B"hereto. (i) "Building Code Act,1992"means the Building Code Act, 1992,S.O. 1992,c.23 as amended, revised, re-enacted or consolidated from time to time and includes any successor statute. (j) "By-law" means By-law No.2000-108 enacted by the Municipality under the Act as such By-law has been or may be amended,revised or replaced from time to time, I (k) "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. (1) "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. I (m) "Construction Lien Act' means the Construction Lien Act,R.S.O. 1990 c.C.30, as amended,revised,re-enacted or consolidated from time to time,and includes any successor statute. L. i 4 (n) "Court'means the Ontario Superior Court of Justice, (o) "Development Charge"has the meaning attributed to it in the Act. (p) "Development Charges Act, 1997" means the Development Charges Act, 1997, S.O. 1997, c.27, as amended, revised re-enacted or consolidated from time to time,and includes any successor statute. (q) "Director"means the Director of Engineering Services for the Municipality or such other person as the Director may designate from time to time. (r) "Director of Engineering Services" means the Municipality's Director of Engineering Services or such other person as the Director may designate from time to time. (s) "Easement Costs" means the cost of the casements 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. (t) "Estimated Installation Cost" means, in regard to the Owner Services the estimated cost of installation of the Services. (u) "Estimated Net Capital Cost" means, in regard to the Owner Services; the estimated Net Capital Cost of the Services. I (v) "Final Cost-Owner Services"means,for Owner Services installed by the Owner, the final Reasonable Cost of the Owner Services as determined by the Director. (w) "Financial Security"means the Letter(s)of Credit deposited with the Municipality respecting the Owner Services installed or to be installed by the Owner. (x) "Front-End Payment"has the meaning attributed to it in the Act. (y) "Front-End Payment-Installation of Services" means, for the Owner Services installed by the Owner, the Net Capital Cost of the Owner Services and includes Administrative Costs and Easement Costs. I — I 5 (z) "Front-End Payment(Recoverable)" means,for the Services(Recoverable),the Front-End Payment-Installation of Services which is made in respect of the Services (Recoverable). (aa) "Holdback"has the meaning attributed to it in Section 6.4(e)of this Agreement. (bb) "Immediate Payment Money" has the meaning attributed to it in Section 7.6 of this Agreement. i (cc) "Land Registry Office" means the Land Registry Office for the Land Titles Division of Durham(No.40). (dd) "Lands"means the Lands more particularly described in Schedule"A"hereto. (ee) "Letter of Credit" means an irrevocable and unconditional letter of credit issued by a bank listed in Schedule i of the Bank Act which contains terms and provisions acceptable to the Municipality's Treasurer. (ft) "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. (gg) "Mortgage"has the meaning attributed to it in Recital A of this Agreement. (hh) "Municipal Act, 2001" means the Municipal Act, 2001, S.O., 2001, c.25, as amended,revised,re-enacted or consolidated from time to time, and includes any successor statute. (ii) "Municipality"means The Corporation of the Municipality of Clarington. 0D "Net Capital Cost'means in regard to each of the Owner Services installed by the � Owner, the Final Cost-Owner Services less any capital grants, subsidies or other contributions attributable to the Owner Service that are made to the Municipality or that the Council of the Municipality anticipates will be made in respect of the capital i costs of the Owner Service(s)in question, j r , I (kk) ""Objection" means an objection to this Agreement pursuant to Section 47 of the Act as referred to in Sections 11 and 12 of this Agreement. 4 { I , I t I 6 (11) "Owner Services"means the Services which have been or are to be installed by the Owner under the terms of this Agreement,and Owner Service means any one of the Owner Services. i (mm) "Party"means a parry to this Agreement. (nn) "Planning Act"means the Planning Act,R.S.O. 1990,c.P.13,as amended,revised, re-enacted or consolidated from time to time,and includes any successor statute. I (oo) "Reasonable Cost", in regard to Services installed by the Owner, means the reasonable costs permitted by the Act which are or have been incurred by the Owner for the installation of the Owner Services, as approved and determined by the Director. I (pp) "Retained Lands" means that portion of the Lands which is more particularly described in Schedule"C"of this Agreement and is owned by the Owner. j (qq) "Revised Estimate" has the meaning attributed to it in Section 5(3) of this Agreement. (rr) "Security"has the meaning attributed to it in the Subdivision Agreement. (ss) "Services"means the services required to enable the Lands to be developed which are to be or have been installed by the Owner in accordance with this Agreement and described in Schedule "B-1" hereto, and "Service" means any one of such Services. (tt) "Services (Recoverable)" means the Owner Services listed in Schedule "B-1" respecting which reimbursement shall be required from Benefiting Owners for the Benefiting Owners' proportionate shares of the Net Capital Cost including Administrative Costs and Basement Costs, and "Service Recoverable" means any one of such Owner Services. (uu). "Solicitor"means the Solicitor for the Municipality. (vv) "Specifications" means the design guidelines, standards and specifications established by the Director for the installation of Owner Services. I i 7 (ww) "Subdivision Agreement" means the Subdivision Agreement made between the Owner and The Corporation of the Municipality of Clarington dated July 4, 2001 and registered in the Land Registry Office as Instrument No.DR30337. (xx) "Term"has the meaning attributed to it in Section 11 of this Agreement. I (yy) "Treasurer" means the Director of Finance/Treasurer of the Municipality or any other person as the Director may designate from time to time. i (zz) "Workplace Safety and Insurance Act, 1997" means the Workplace Safety and Insurance Act, 1997 enacted as Schedule A to the Workers' Compensation Reform Act, 1997, S.O. 1997, c.16, as amended, revised, re-enacted or consolidated from itime to time,and includes any successor statute. (aaa) "Works" has the same meaning as is assigned to the term in the Subdivision Agreement. ;I (2) All other capitalized terns 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" - "Plans Showing Benefiting Areas" Schedule"C" - "Legal Description of Retained Lands" Schedule"D" - Not Used Schedule"E-1" - "List of Owner Services Installed or to be Installed by Owner" Schedule"E-2" - "Cost of Installation of Owner Services" Schedule"E-3" - "Proportion of Cost of installation of Each of Owner Services Paid by Owner and Municipality" Schedule"E-4" - "Capital Grants,Subsidies or Other Contributions" Schedule"E-5" - "Total Net Capital Costs of Installation of Owner Services" Schedule"E-6" - Not Used Schedule"E-7" - Not Used 8 Schedule"E-8" - "Manner of Calculation of Portion of Front-End Payment to be Made by Each Benefiting Owner Respecting Owner Services" Schedule 7" - Not Used Schedule"G" - Not Used Schedule"H" - Not Used Schedule"I" - Not Used Schedule"J" - Not Used Schedule"K" - "Calculation of the Front-End Payment(Recoverable)for the Services (Recoverable), Owner's Share and Benefiting Owners'Shares" ARTICLE 2—ACKNOWLEDGEMENT RESPECTING BASES OF AGREEMENT 2.1 The Owner represents and warrants to the Municipality that Recitals A,B and C are correct. The Parties acknowledge and agree that the Owner undertake the construction and installation of the Services.The Services are listed in Schedule"E-t", 2.2 The Parties acknowledge and agree that (1) the Owner Services which are identified on Schedule"E-l"are required to enable the relevant Benefiting Area to be developed;(2)the Owner Services are Services for which there will be an increased need as a result of development of lands ' within the relevant Benefiting Area; and(3)the Owner Services will benefit the lands within the relevant Benefiting Area. i 2.3 The Parties further acknowledge and agree that under this Agreement the Owner shall only be reimbursed by Benefiting Owners for the Services(Recoverable)as provided in this Agreement. f 2.4 Nothing in this Agreement shall be deemed to derogate in any respect from the provisions of the Subdivision Agreement. i ARTICLE 3--METHOD FOR DETERMINING REIMBURSABLE NON -REIMBURSABLE PART OF COSTS AND ALLOCA'T'IONS 3.1 The Parties acknowledge and agree that(1)the proportion of the cost of the Owner Services which have been or are to be paid by the Owner are as set out in Schedules"E-3"and "E-4"; (2) capital grants,subsidies or other contributions that are made to the Municipality or that the Council anticipates will be made, and the method for determining the part of the costs of the Owner Services that will be reimbursed by persons who,in the future,develop land within the Benefiting Area are as set out in Schedule "E-8" hereto; and (3) and the estimated total capital cost of the Services and the estimated Net Capital Cost of the Owner Services are as set out in Schedule"E-5" hereto. I I 9 I 3.2 The Parties acknowledgc and agree that the amounts collected by the Municipality from Benefiting Owners to reimburse the costs of the Owner Services shall be allocated by the Treasurer to the particular Owner Service or Owner Services for which payment is made which shall be calculated in accordance with Schedule "K" and be payable to the Owner as provided in this Agreement. ARTICLE 4 - COST OF ADMINISTERING THIS AGREEMENT i 4.1 The Owner shall pay to the Municipality the reasonable costs of the Municipality of j preparing and administering this Agreement including, without limitation, the cost of the registration of this Agreement against the title of the Owner to the Lands and against the title of the other 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 in administering this Agreement,including the cost of consultants and studies required by the Director of Public Works in preparation of this Agreement. 43 The Municipality agrees that amounts paid or required to be paid by the Owner under Sections 4.1 and 4.2 and the reasonable costs of consultants and studies required to prepare this Agreement shall be included in calculating the Front-End Payment(Recoverable)for the Services (Recoverable). ARTICI,IJ 5 - SECURITY FOR OWN WS OBLIGATIONS AND COVENANTS 5.1 If the Owner has not already done so, as soon as is reasonably practicable after the execution of this Agreement,the Owner shall deposit with the Municipality the Security required by the Subdivision Agreement for Works which also are Services,and thereafter the Owner shall maintain the Security in good standing until the Security is reduced or released in accordance with the provisions of the Subdivision Agreement,The Security for Works required by the Subdivision Agreement which are Owner Services under this Agreement shall also be the Financial Security in regard to the Owner Services In order to secure the due performance of the Owner's obligations and covenants respecting the Owner Services under this Agreement. 5.2 The Municipality shall be entitled to call upon or to draw down the whole or any portion(s) of the Financial Security if it is not renewed or replaced with another Financial Security at least thirty 30 days prior to its expiry.All monies received b the Municipality Pursuant to the terms of rty ) Y P PrY� Y P h'P the Financial Security shall be used by the Municipality to secure the due performance of each of I i 10 the Owner's obligations and covenants herein contained. The Owner agrees that the Municipality will not be required to be pay interest to the Owner or to any other person on any moneys received from the bank which has issued the Financial Security if the Municipality has called upon or has I drawn down the whole or any portion of the Financial Security. 5.3 If from time to time the Director of Engineering Sery ices determines that the actual cost of installing an Owner Service may exceed the Estimated Installation Cost of the Service,the Director 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 1 Financial Security such that the total amount of the Financial Security held by the Municipality is j 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 I the Subdivision Agreement, 5.4 If,at any time,the Owner is in default of its obligations and covenants under the terms of this Agreement,the Municipality shall be entitled,but not obligated,to: (a) satisfy any outstanding obligations of the Owner raider this Agreement;and/or (b) call upon the Financial Security to rectify the default. I I 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 427 of the Municipal Act, 2001 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 terms of the Subdivision Agreement shall not relieve the Owner from any of its obligations either under this Agreement or under the Subdivision Agreement. ARTICLE 6 - INSTALLATION OF SERVICES BY THE OWNER 6.1 Owner Installs Without derogating from the provisions of the Subdivision Agreement,the Owner shall,at its expense, obtain all required approvals and install or cause to be installed the Owner Services listed in Schedule"E-1".Each of the Owner Services will be installed by the Owner in accordance with the applicable provisions of the Subdivision Agreement. i i ]1 I 6.2 Not Used 6,3 Return of Financial Security Forthwith after the Owner is given a Certificate of Acceptance of the Owner Services pursuant to the Subdivision Agreement, provided that no claims of the Municipality against the Owner under or arising out of either this Agreement or the Subdivision Agreement remain outstanding and the Owner is entitled to the return of the Security under the provisions of the Subdivision Agreement,the Municipality shall return the Financial Security to the Owner undrawn upon except as permitted by this Agreement or the Subdivision Agreement. I 6.4 Owner's Cost of Services i (a) If a Certificate of Completion has been issued for an Owner Service under the Subdivision Agreement, forthwith after this Agreement is made,or if a Certificate of Completion has not been issued for an Owner Service,prior to a Certificate of Completion being issued for the Owner Service, the Owner shall deliver to the Director a final statement of the Reasonable Cost incurred by the Owner for installing the Owner Service in question for the Director's consideration and if appropriate,his approval. The Reasonable Cost shall include costs for each of the items of cost set out in Schedule"E-S"and any other reasonable costs permitted by the Act.If so requested by the Director by notice in writing given to the Owner,the Owner shall permit the Municipality,its employees and agents, access to the Owner's books and records for the purpose of satisfying the Director as to the reasonableness of such costs. (b) From time to time during the installation of the Owner Services,by written notice given to the Owner,the Director may request in writing and the Owner shall forthwith deliver to the Director interim statements of the Reasonable Cost of Services incurred to the date specified in the notice, as well as his estimated cost to complete the installation of the balance of the Owner Services for the Director's consideration and if appropriate,his approval. I (c) Upon the receipt and approval by the Director of Engineering Services of the final statement of Reasonable Cost of Services delivered to him by the Owner, the Director shall determine the Final Cost-Owner Services and the Net Capital Cost of the Owner Services and shall give the Owner notice in writing of his determination. (d) If any capital grants, subsidies or other contributions are made to the Municipality for the Owner Services wluch do not comprise part of the Net Capital Cost of the Owner Services, the Municipality shall refund the same to the Owner and any other owner of land in the Benefiting I I � r 1 1 I J 12 Area in respect of the development of which an amount is paid to the Municipality in respect of the Owner Service in question pursuant to this Agreement in proportions determined by the Director. l (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("Holdbacks"),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, 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 Owner Services as determined by the Director in calculating the portion of the Front-End Payments(Recoverable) to be made by each Benefiting Owner pursuant to this Agreement and the Act. ARTICLE 7 - RECOVERY OF FRONT-END PAYMENTS(RECOVERABLE) 7.1 Schedule "B" identifies all Benefiting Owners who own lands which are benefited by Owner Services within the relevant Benefiting Area as well as the legal descriptions of such lands. 7.2 After the installation of the Owner Services is complete and the Reasonable Cost of them has been determined by the Director,the Director of Engineering Services will determine the final Front-End Payment(Recoverable)for the Services(Recoverable),the Owner's Share of the Front- End Payment,and the shares of each of the Benefiting Owners are set out in Schedule"K"hereto, 7.3 With respect to the Services(Recoverable),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"as a condition of an approval given to a Benefiting Owner in regard to any development on that portion of the Benefiting Owner's land which is located within a Benefiting Area.The estimated amount of each { Benefiting Owner's share of the Front-End Payment(Recoverable)for the Services(Recoverable)is !� set out in Schedule"K".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 "K', the Owner agrees that the Municipality shall not be required to pay more than the amount so received by the Municipality to the Owner. 7.4 Until the day on which the Tenn 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 annually on the Ist day of July in each year of the Term in accordance with the Statistics Canada Quarterly, Construction Price Statistics i I I r ! 13 (Catalogue Number 62-007) based on the 12 month period ending March 31"'The first of such adjustments is to be made on March 31,2005, 7.5 The payments required to be made by each Benefiting Owner under Section 7.3 in regard to the Services(Recoverable)are subject to adjustment in accordance with the provisions of Section 7.4 of this Agreement. i 7.6 Subject to Section 73,the Municipality shall place all money received fiom 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 j receipt of the money,by registered mail (a) notify the owner that the money is available to be paid out respecting the relevant Owner Service or Owner Services;and i (b) request the owner to give a direction to the Municipality as to whom the money is to be paid. 17 (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 during the term of i 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 of the Bank Act.The moncys shall be disbursed by the Municipality in accordance with this Section 73(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 pursuant to the Subdivision Agreement,the Municipality shall pay to the Owner or to his direction 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,less any amounts owed to the Municipality under this Agreement, Amounts owed to the Municipality under this Agreement 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 conditions of the Trust I Account are subject to the approval of the Treasurer. Interest paid by the bank on 14 moneys deposited in the Trust Account is the property of the Municipality and may be appropriated for the use of the Municipality absolutely. (b) With respect to Immediate Payment Money received from or on behalf of Benefiting Owner referable to a particular Service in respect of which the Owner has been i given a Certificate of Completion under the Subdivision Agreement, the Municipality shall issue the notice and make the request referred to in Sections 7.6(a)and 73(b),respectively. Upon receipt of a written direction from the Owner, the Municipality shall pay to the person named in the direction the Immediate Payment Money that has'been 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.Court. 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. i 7.10 If a party,or a successor or assign thereof,has not applied to the Court under Section 7.9 I within twelve(12)months of the mailing of the notice referred to in Section 7.9,the Municipality may apply to the Court for the release of the money to the Municipality. { 7.11 The Municipality shall reimburse the Owner for any of the Owner Services only if and then i as soon as is reasonably practicable after Immediate Payment Money is received by the ' Municipality from a Benefiting Owner and to pay Immediate Payment Money to the Owner only in accordance with Article 7 of this Agreement. I 7.12 The Owner hereby agrees that the Municipality may,in its discretion,release to a Benefiting Owner copies of any certificates,reports,contracts or other documents and materials that are in its t i possession for the purposes of satisfying the Benefiting Owner as to the Front-End Payment I (Recoverable)for the Services(Recoverable). i i 7.13 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 i Director of Engineering Services pursuant to Section 7.2,and the Benefiting Owner has discharged 15 all of his obligations in accordance with this Agreement,neither the Municipality nor any official of the Municipality is under any further obligation to the Owner to collect additional payments from the Benefiting Owner or to withhold approvals from such Benefiting Owner either under the Building Code Act, 1992,or under the Planning Act,as the case may be. 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 46 of the Pict. 8.2 The Municipality shall advise the Owner if an Objection is filed with the Municipality by a recipient of such notice. If an Objection is so filed,the Owner acknowledges that the Municipality, in its sole discretion, and at the cost of the Owner,may retain legal counsel and any necessary professional persons as witnesses to appear on behalf of the Municipality at any hearing held by the Ontario Municipal Board in order to defend the provisions of this Agreement including its application to the person who has filed the objection. 8.3 If the Ontario Municipal Board orders that this Agreement is terminated unless the Parties amend it in accordance with the Board's order,the Parties shall enter into an amending agreement incorporating such amendment unless either the Owner or the Municipality advises the other Party by notice given to the other Party in writing that the changes are not acceptable to the Party who gives the notice,in which event this Agreement shall be terminated. ARTICLE 9 - INDEMNITY AND REIMBURSEMENT I I 9.1 The Owner shall indemnify and save the Municipality (which for the purposes of this i 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 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 installation of the Owner Services or any other work performed pursuant to this Agreement;or i I 16 (d) the removal of any construction liens and/or defence of any action to enforce any construction liens relating to the supply of materials or services for the installation of the Owner Services;or (e) 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 I (f) all claims for property damage or in jury,and any conse q uential damage arisin g 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,die 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 including without limitation reasonable legal fees and disbursements incurred by the Municipality. 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 rurder this Agreement. Alternatively, the Municipality may require the Owner to assume carriage of and responsibility for all or any part of such litigation or discussions. 9.2 Without derogating from the provisions of Section 9.1,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 i otherwise)against the Parties hereto or any Benefiting Owner,the Owner acknowledges and agrees that the Municipality shall have no liability to the Owner as a result of the unenforceability of this Agreement for any damage,loss or cost incurred or suffered by the Owner thereby. I 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. i , ICI i 17 ARTICLE IL: INTI REST ON ARREARS 10.1 If any amounts payable to the Municipality by the Owner under this Agreement are not paid when due,interest shall accrue thereon and be paid to the Municipality at the rate of fifteen(15%) ipercent per annum from the due date until the date on which payment in fact is made. i ARTICLE 11 - COMMENCEMENT AND UXPIRY OF TERM I 11.1 The Term of this Agreement during which it shall be operative, unless it is terminated pursuant to the Act,shall commence on the date of this Agreement and shall expire on the fifteenth i (15)anniversary of the date of its commencement. ARTICLE 12 - REGISTRATION OF AGREEMENT I i i12.1 The Owner acknowledges 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 the lands owned by other Benefiting Owners in the Benefiting Areas.The Owner hereby consents to such registration. 12.2 This Agreement shall run with and bind the Retained Lands and the other lands within the Benefiting Area against the title to which it 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, at the expense of the Owner,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 shall execute such further assurances as may be required from time to time by the Director to give effect to the intent of this Agreement by notice in writing. 1 i ARTICLE 14 - SUCCESSORS AND ASSIGNS � f 14.1 This Agreement shall bind and benefit the Parties hereto and their respective successors and (I assigns. 3 78 ! 14.2 Despite any assignment of this Agreement by the Owner or any transfer of all or any part of the Retained Lands to any other person,the Owner shall remain liable hereunder as if the Owner retained title to the Retained Lands, ARTICLE 15 - ACCEPTANCE 15.1 In addition to complying with the provision of the Subdivision Agreement,the performance by the Owner of its obligations under this Agreement to the satisfaction of the Municipality shall be i a condition precedent to the issuance of the Certificate of Acceptance under the Subdivision I Agreement for Owner Services. ARTICLE 16 - NOTICE i f 16.1 Any notice,,request or certificate given pursuant to or in connection with this Agreement 4 shall be in writing and shall be conclusively deemed to be given and received on the third business I 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 the other Party hereto: The Municipality: The Corporation of the Municipality of Clarington 40 Temperance Street ! Bowmanville,Ontario UC 3A6 i Attention:Director of Engineering Services AND TO: The Owner: Orchard Park Estates(Bowmanville)Inc. c/o Baywood Homes 1140 Sheppard Ave.W. Unit#12 Toronto,ON M3K 2A2 I ARTICLE 17 - INTERPRETATION_ i 17.1 The headings are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement. 17.2 All references to Sections and subsections unless otherwise specified are to sections and subsections of this Agreement. I 19 17.3 1n 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. 17.4 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. 17.5 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. 17.6 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. 17.7 Time shall be of the essence of this Agreement, i i 17.8 Nothing herein contained shall create or be deemed to create a joint venture or partnership between the Parties hereto. 17.9 All agreements herein contained,though not expressed to be covenants,shall be deemed to be covenants. i 17.10 The Schedules attached to this Agreement form part of this Agreement and are deemed to be included and to have effect as part of the text of this Agreement. 17.11 This Agreement maybe executed by the Parties hereto in counterparts. ARTICLE 18 - AVTUQM:CY TO MAKE AGREEMENT I 18.1 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. i 18.2 The Mortgagee hereby postpones its rights under the Charge to the provisions of this Front- Ending Agreement, f i 20 IN WITNESS WHEREOF the Parties have executed this Agreement. SIGNED,SEALED AND ) THE CORPORATION OF THE DELIVERED ) MUNICIPALITS'OF CLARINGTON ! in the presence of; ) by; �� � - Mayo utto by; AA P ►L. ie utticipal Clerk i ORCHARD PARK ESTATES (BOWMANVILLE)INC. Ti by: Title: Name: I/We have authority to bind the Corporation. } THE BANK OF MONTREAL i by: �v Title: NAOMI ROSENBERG Name; ACCOUNT MANAGER by: Title: EIL CCLESTO } Name: ACCOUNT MANAGER } UWe have authority to bind the Corporation. I SCHEDULE"A" i LEGAL DESCRIPTION OF LANDS r All'of PIN#;26619-0103(LT) Part of Lots 4, 5 and 9 and part of unnamed lane,all in Block"A",according to C.G. Hanning's Plan,being Part of Lot 10,Concession 2(Geographic Township of Darlington)(formerly Town.of Bowmanville) Municipality of Clarington, Regional Municipality of Durham being Plan of Subdivision 40M-2066. I I i I ' I i i i r I 7 SCHEDULE".B" ESANIS OF BENEFITING AREA,B-A WORKS i C ' — oou otsarOn ao,Md x> � .... El ® 4 ERB �,� y�Y •1/.11 ��. :•\ ti,!TfffTITr"r'TITITI Y ij - o TITTT\� j I ®0WNER'8 AREA L 0RA71AOE mA SENEFIT'nNO AREAS I (b x B—A WORKS 1 I°�ND MERSHM 1. CHARD PARK 1. E7087) IL CN ESTAIC3 L1D. (IST-OOOJO) I 1 Jo NORRIS 3Y PAYNC (46R_13003) THC CORMAAON DP TNC WJMWAUTY OF CL/UIIII �o SOODM RPHY Px61b WIAf 1 4.MARTHA PUK N R F C R EMBA ER CREER Q MAROAAET PUK/ROBERT OROOMNO 0. ,IRA-MM890iVP4PMENT CORP. /AAIT M a p#tMgIC1T nTM 7.PETCR XAKAROW A NESTE DiYCLOPMENtB LTD. f0T-EST' PHASE II Y. f6NALD P 0(IN TRUST) r � TT,{y{ 10,(eT 87oij�Al CORP,, ru ;ItF cna 1 AAr,fC00 puw ay, YR 00!17 o[�pAx�r1 lone1 KTA B—A a eo<.. r.I ro asaup yr i BCHOULE"B" PLANS_OF BENEFITING AREA:B-A WORK i o cc 0 v 0 al 4 w ►v ~' A O 2 00 ' i c 22 b 0 0 c w Dz r o ,p a oso N �-y o O d C FO j j � � I PC °80 �-� g a - �z i scHeou�.>~/eBll PLANS OF 9ENEFITTNG AREA:B•B MRK§ i .....•? CONOE1f(ON 1104E _ ryN C L 1 f �''r1,',•1{y II}'..--y-,i{ �ipm .�3� � i � ��,y 9 • Cir I+I+FI 1t1+1t1+1 x W Iti.L"I11.LW.IJ.W 7(TRRRRRRn'ITRI n J D "T " 11; n 1`I _ OWNER'S AREA I BENEMNO AREAS ( W 0-0 WORKS ( I 1.TIC j�Yi� ,,)6,8N6i .YflEt;;E H0O K � 6T Ypp31�S LTD. J, Jo NORRIO 1 (Jbi PAYNE (40R-13901) THC OORPORAIRON OP INK M1M101P TY Of d,AIUNOTON Jo OOOOMURPNY Pub Wab JO EHANTZ AN U 4.MARTHA PUK NORTH OF CPR MBANKMENT 0.MAROARET PUK/ROBERT DROONINO 0.ERAM DMOPMENT CORP, W NN C 04 7.PETER ZAKAROW S.TOWCNEOTZR;(P"APMENT$LTD, 10T—BIIOJT PNAOE 9 9. ONALD PR S(IN iRUOT) 16T-OP070 OL+NC9V'If19PIrn 10.WMRIIU CORP.. MR 1 OAV,9000 mm 991 NR D4T1� OEL01[O W I 90NL1 RL4 a[a019 9Y i a—s w r.eIm i SCHEDULE"B" PLANS OF ENEFITING AREA:B-B WORK8 O tD 00 -1 M 0 A W N •a 7 0 OQ vvvv 0 0 m � a Z . c o m -� a § � 2 � z V o W o ooao v m MZF w $ g a . o � m c 0000 <pz'� i SCHEDULE'IS" PLANS OF BENEFITING AREA:B-C WORKS IN I 1 '• ooxc:.rrD N' A 0,1•d } ,.j•'/' r 111.L1.1111.1.4r.I.Ll1 � - %�, 1 i Wit' •? r(TfTTTIT ITfYiT1Tr1'iTl wuutuQ �— xj}a 0,67ho o._ _ r 6¢(t0 �o TITTr, c v b„ _j - "� OWNER'S AREA BENEFITTINO AREAS 1 OUP O NER9HIP. 0-0 WORKS IA. CHARD P K 1 T-•07087 1. 18TH O,OtPA K 9. EN ESTAT I.M. 101-00070) 3. Ja NORRI9 •••11� SD PA {.(40R-1390) 1Ht OORPORAIKM 01 TILE IARAgPAUIY OF CLAAW Je9tl 80NODRRFHY,J PuHro rM 0.MARTHA PuK Vktil NORTH OF CPR EMBANKMENT) e.AIMOARET PUK/ROBERT BROOKING wq spy 0. IRAM DEVELOPMENT CORP. OIORM O(NOI 0ONi15plNOW 18T-80011 7. ETER 2AK OW 0.TONCNEgOS�)OEVELAPMMTO LTD. 0.t(h TAt DOP�Ol (INN 7RU8T) V4.4+�. .=10.11/a l0z1+CORK, 1 �� OATS,,AMY,woo WA*AY, R 00119 warm w r 10Al2 r N1R OH.-IVI.I, Li{Q70►TI BOO i SCHEDULE"S" PLANS OF SENEFITING AREA:B-C WORKS -' fD 0 V 0 N �+ i o p ^ -4 T m �' ' O DQ O ...r...v .P i E D z o v v �'a � $8 s• H m � � o -* m o S M-4 � b QQ m W� o PZ -� W a �-+ � O 0 0 0 0 N (D Z o a� 0000 � m I t I I SCHEDULE"13" PLANS OF 6ENEFITINO AREA;S-D WORKS ca ...........I........OxOf sltON hOh.0 .. a:r. .._.. _...........» .... ... . C r V[i[f I Lill hot ry( " rt�",Y` �'7 T'( � •`.iii` 111 \'1j`��. 1 .,t 11• .I.J.L1 '' � ��r�"'o N.r[ a . : o r• V,MLT� ..,) %.` 1•T•f1'I 11 ITIT 1I 1 - :1� 11111.LI.I.I.J-I.LI.LIlI F J, 'jtYfY -1 rrT, (TITT7TTITITIT1, 00124 i �hD +o00.21ho � I IXA I I;rl n Tm I 1 11 II II � OWNER'S AREA BRAWAM Al2A SENEFTTTINO AREAS I: +0,3Iho 0-0 WORKS l LAHO�11d�FJ1``M�P j 1.QROHARD PARK lL}TOT-670D7) ?. 58T-FO EN ESTATEOJB)S LTD, 3. 3o N0RRU 4h PArHE j(40R-13983) iHt 00RPOiU11KM1 a THk M4RIIomm w OlAro110TON 3a RTZRPNY PNNb Nag 4mm, 4.MARTHA PUN tiUIJIF.R CREEK" a MAROARFT PUK/RDOERY DROOKINO NORTH�.OP C�yPA�R�EMDAN MEN 8, IRAM D[ LOPMEHT DORP. STORY 14YST(� iOT-060{ 7.PLTER ZAKAROW ' 0. OWGHEOTER DEMOP&TS UN p {)IDi-02037 P{{AS II 0.QpOT-0 Pjjpppp1 S QN TRUST) , TaIITB ,7021) CORP.. PAR t Aar,ow gUTN a: IAx 99117 PRA OaaOi iY I IC1[1 KYA griOCW OYI g_p SCHEDULE"E-4" CAPITAL GRANTS,SUBSIDIES OR OTHER CONTRIBUTION _,owe i 4 i BCHEDULE 'E�6 W-B)" ESTIMATED NET CAPITAL COST OF INSTALLATION OF'B-B'SERVICES ; 2 C V O V o � fp W { I i I SCHEDULE"E-8(8-C)" I I ESTIM TED NET CAPITAL,COST OF INSTALLATION OF-B-C'SERVjC�F8 i I V (J Gn I ' KI �� . to I I i I SCHSDULE"E-6 tB-At" ESTIMATED NET CAPITAL COST OF INSTALLATION OF-8-A'SERVICE�R fJl A W N .a � 1.16 a I I I i SCHEDULE"E-5 t8-D1" j ESTIMATED NET CAPITAL COST OF INSTALLATION OF'S-D'SERVICES 1 D w •iNcnm j Li 9 1 j a I i I S i k I SCHEDULE"E-8(B-A)" i MANNER OF CALCY, TION_OFPORTION OF FRONT-END PAYMENT TO BE MADE BY EACH BENEFITING OWNER RESPECTING'B-A'S RYICES Summary Summary of Areas contributing to the installation of'B-A'Services. Area Hectares (Shown on plans In Schedule 8) 1 8.780 2 17.380 4 0.660 6 1.260 8 1.240 Total 1B-A!Ground Area 29.180 Total Estimated Net Capital Cost of'B-A'Services $399,672.64 Cost of 1B-A1 Services Per Hectare $13,897.00 The estimated Net Capital Cost of the Owner's Services shown on Schedule"E-6(B-A)" Is $399,672.63. The total ground area (including Owner's area) of the Areas shown on the j plans contained in Schedule "B" which contribute to the. cost of the Owner Services Is 29180 he. The portion of the Front-End Payment(Recoverable)allocated to each Area within the Benefiting Area is the product achieved by multiplying the ground area of each such Area in hectares by the amount of $13,697.00. The portion of the Front-End Payment (Not Recoverable)allocated to the Owner's area as shown on the plans contained in Schedule"B"is achieved by multiplying the area of the Owner's area in hectares by the amount of$13,697.00. I } i 1 SCHEDULE"E-8(13-BY' MANNER OF CALCULATION OF PORTION OF FRONT-END PJ}1 MENT_10_BE.MADE BY EACH DgMEFITING OWNER RE$PECTING'B-B'SERVICES Summary Summary of Areas.contributing to the installation of'13-13'Services. Area Hectares (Shown on plans In Schedule B) 2 17.380 4 0.550 5 1.250 8 1.240 Total 18-BI Ground Area 20.420 Total Estimated Net Capital Cost of'B-B'Services $104,812.13 Cost of 18-81 Services Per Hectare $5,137.71 The estimated Net Capital Cost of the Owner's Services shown on Schedule"E-5(B-B}" is$104,912.13. The Benefiting Area showing on the plans contained In Schedule"B"Is 20.420 ha. The portion of the Front-1-nd Payment (Recoverable) allocated to each Area within the Benefiting Area Is the product achieved by multiplying the ground area of each such Area In hectares by the amount of$5,137.71. r I I I SCHEDULE"E-8(6-C1" MANNER OF CALCULATION OF PORTION OF FRONT-END PAYMENT TO BE MADE BY EACH BgNEFITING OWNER RESPECTING-B-C'SERVICES Summary Summary of Areas contributing to the installation of`B-C'Services. Area Hectares (Shown on plans in Schedule B) 2,650 i 3a) 0.870 j 3b) 0.550 3c) 0.740 3d) 0.520 7 0.550 g 1.150 g 1.640 10 1.440 Total'B-C'(around Area 9.910 Total Estimated Net Capital Cost Of'B-C'Services $30,443.00 Cost of'B-C'Services Per Hectare $3,071.95 The estimated Net Capital Cost of the Owner's Services shown on Schedule"E-5(B-Cp' j is $30,443.00. It was determined that there are no over-sizing costs for these works. The i Benefiting Area (including Owner's area) showing on the plans contained In Schedule "B" is 9.910 ha. The portion of the front-End Payment(Recoverable)allocated to each Area within the Benefiting Area is the product achieved by multiplying the ground area of each such Area In hectares by the amount of$3,071.95. The portion of the Front-End Payment(Not Recoverable) allocated to the Owner's area as shown on the plans contained in Schedule"B"is achieved by I multiplying the area of the Owner's area In hectares by the amount of$3,071.95. i i SCHEDULE"E-8(B-D?" MANNER OF CALCULATION OF PORTION OF FRONT-END PAYMENT TQBE MADE BY EACH SENE ITING MNER RESPECTING-B-D'SERVICES Summary Summary of Areas contributing to the installation of'B-p'Services. Area Hectares (Shown on plans In Schedule B) Portion of Area 3a) 0.320 Portion of Area 3b) 0.330 Portion of Area 3c) 0.300 Portion of Area 3d) 01310 Total'B-D'Ground Area 1.260 Total Estimated Net Capital Cost of 1B-D'Services $12.940,00 Cost of'B-D1 Services Per Hectare $10,278.98 The estimated Net Capital Cost of the Owner's Services shown on Schedule 4E-6(B-D)" Is$12,949.00. The Benefiting Area showing on the plans contained In Schedule"B"Is 1.260 he. The portion of the Front-End Payment (Recoverable) allocated to each Area within the Benefiting Area Is the product achieved by multiplying the ground area of each such Area in hectares by the amount of$10,276.98. I s f I I l SCHEDULE"K" it ESTtMATEU FRONT-ENS PA-YM£NT(RECOVERABLEI FQ.R'THE SERVICES(RECOVER ABLEI,OWNER'S SHARE i AND BENEFITING OWNER'S SHARE i fa co 00 -J Of W P W N -► G 0 00 C77 r" 6 n � � � � :0 N Z a -i I cn E 8 z ° a D O v � b b OR I N A N o W t4 La o a ► $ © SE3 I i s SCHEDULE"K" �STIMATEO FRONT ENR PAYMENT(RECOVERABLE)FOR 18-A'SERVICES O g oQ o mk'f�' " o Q o � I a b r. z g � Z m -q to N � G 2S G) 9 o POCO -4 J v/ V t� 4 �l V w i z ir b SCHEDULE"K" ESTIMATED FRONT-END PAYMENT(RECQVIRABLE)FOR'B-B'SERVICES N � � - c . o co mw O -I G O � J W 1 U S V L O 4 Cy000 V tp m Q�Q�TT11 V VwJ ',WV to D i ip w �a i SCHEDULE"K" ESTIMATED FRONT-OND PAYMENT IRECOVERAS3 E)FOR'B-C'SERVICES W. co v w v, 4 0 C O co0 SS' -1 v 0 c N oZ r D s T-i 61 r s o � Iv Od00 J i rA i i i A Cwt 04 1 SgMEDULE"K" .I I ESTIMATED FRONT-END P ENT fRECOVERABLE)FOR B-D'SERVICES i °' cD Co -I 0) to A W N s O p A S C-0.0 m �' W ' 0 3 R N+7� a 0 j g> 0 NO A W O � O J V! t7 Q' O OopO g (� O y <0 � b } / i � / / | / KANJ OF BENEFITING AREA:B-D WORK Wo V 64 cn Coco 0000 2 i2 L � I SCHEDULE"C" t LEGAL DESCRIPTION OF RETAINED LANDS Blocks 35, 46, 47, 48, 49, 50, 90, 91, 92, 93, 94 and 95 on Plan 40M-2066, Municipality of Clarington,Regional Municipality of Durham. I I I I I I I j i I ,I i i I I i II11 SCHEDULE"E-1" LiST OF$gRVICES TO BE INSTALLED BY OWNER The Services which the Owner will Install under this Agreement and the Subdivision Agreement between the Owner and the Municipality comprise (1) B-A Works: Stormwater Management Facilities and Downstream Channel Improvement,(2)B-S Works:Swindells Street Storm Trunk Sewer Over-Sizing, (3) B-C Works: Redfern Crescent and Swindells Street Storm Truck Sewer Over-Sizing, and (4)B-D Works: Forrester Drive Storm Sewer Over-Slung. The Services are hereby deemed to be of benefit to the Benefiting Area. Each of these Services is described In the Cost Sharing Report and Back-Up Documentation dated September, 2001, final revision dated February 23, 2003 prepared by Sernas Associates as finally approved by and on file with the Director of Engineering Services. The B-A, B-B, B-C and B-D.Works are more particularly described in the Engineering Drawings for these works prepared by Sernas Associates dated September 1999 as finally approved by and on file with the Director of Engineering Services. I 3 II j I I If f SCHEDULE"E•2 MAY' ESTIMATED COST OE INSTALLATION OF'B•A'SERVICES a N. ol � o 0 IT g A , SCHEDMLE"g-g 18-B)" OTIMATED COST OF INSTALL61ION OF-B-13-SERVICES p' cp cdl pr 49 4 p SCHEDULE"E-2 IB-C}" EST4MATED COST OF INSTALLATION OF'B•C'SERVIOgS 34 gn N g