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HomeMy WebLinkAbout2001-093 THE CORPORATION OF THE MUNICIPALTIY OF CLARINGTON BY-LAW NUMBER 2001- 093 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application DEV 96-064 to permit the redevelopment and expansion of the existing motor vehicle sales establishment; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding-Special Purpose Commercial Exception((H)C5-5)Zone" to "Special Purpose Commercial Exception(C5-5)Zone" as shown on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act, R.S.O. 1990. BY-LAW read a first time this 29th day of May 2001 BY-LAW read a second time this 29th day of May 2001 BY-LAW read a third time and finally passed this 29th day of May 2001 Jo Mutton, Mayor Barre,Miaicipal Clerk 06/16/2004 15:42 4168647404 LR #40 Nofte Under S.71 Of The Land Titles Act The appilcant(s)hereby applies to the Land Registrar, DENNIS HEFFERON LAW PAGE 02/08 Receipted as DR286872 On 2004 06 15 at 12:30 Properties PIN 26599- 0287 LT Estate/Qualifi6r Fee Simple Lt Conversion Qualified Description PT LT 29 CON 2&PT RDAL BTN LTS 28&29 CON 2, DARLINGTON, PTS 1 &11 40R19857.CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM,T/W ROW OVER PTS 7,8&10 40Ri 9657 UNTIL THE REGISTRATION OF A BY-LAW TO DEDICATE THOSE PARTS AS A PUBLIC HIGHWAY AS IN DR28305. Address CLARINGTON PIN 26599- 0289 LT Estate/Qualifier Fee Simple Lt Conversion Qualified Description PT LT 29 CON 2 DARLINGTON,PT 3 40819657;CLARINGTON, REGIONAL MUNICIP ALITY OF DURHAM,T/W ROW OVER PTS 4&5 40819657 UNTIL THE REGISTRATI ON OF A BY-LAW TO DEDICATE THOSE PARTS AS A PUBLIC HIGHWAY AS IN DR283 05, Address CLARINGTON PIN 26599- 0291 LT Estate/Quallfler Fee Simple Lt Conversion Qualified D©scription PT LT 29 CON 2 DARLINGTON, PT 2 40R19657;CLARINGTON,REGIONAL MUNICIPALITY OF DURHAM,T/W ROW OVER PT 6 40819657 UNTIL THE REGISTRATION OF A BY-LAW TO DEDICATED THOSE PARTS AS A PUBLIC HIGHWAY AS IN DR28305. Address CLARINGTON yyyy mm dd Page 1 of 20 Consideration Consideration S0.00 App licant(s) The notice is based on or affects a valid and existing estate,right, Interest or equity in land Nam9 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Address for Service 40 Temperance Street Bowmanvllle,ON L1C 3A6 This document Is not authorized under Power of Attorney by this party. This document Is being authorized by a municipal corporation by The Corporation of the Municipality of Clarington by John Mutton Mayor and Patti L. Barrie, Municipal Clerk. Party 7'o(s) Capacity Share Name ROBERT R.OWEN HOLDINGS LIMITED Beneficial Owner Address for service c/o Ronald Kitchen Kitchen,Ktchen,Slmeson, McFarlane Barristers&Solicitors 86 Simcoe Street South P.O.Box 428 Oshawa,ON L1 H 71_5 1, Robert R,Owen, 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 Signed By I Barbara-Ann Gale 2600-200 Bay St., Royal Bank acting for Applicant(5) Signed 2004 06 15 Plaza, South Tower Toronto M5J 2J4 To) 4168647385 Fax 4168647404 06116/2004 15:42 4168647404 DENNIS HEFFERON LAW PAGE 03/08 LFi 7#40 Notice Under 3,79 Of The Land Titles act Recelpted as DR295872 on 2004 06 1$ at 12:30 -rhe applicant(s)hereby applies to tha Land Registrar. yyyy mm dd Page 2 of 20 Submitted By DENNIS HEFFERON LAW OFFICE 2600-200 Bay St.,Royal Bank Plaza, South Tower 2004 06 15 Toronto MSJ 2J4 Tel 4165847385 Fax 4168647404 Fees/'raxes/Paymeni statutory Registration Fee $60.00 Total Paid $60,00 File Alumber Applicant Client File Number: DEV 96-064 06116/2004 15:42 4168647404 DENNIS HEFFERON LAW PAGE 04/08 LlZiO#40 Transfer Easement Recelptsd as DR28SR71 on 2004 05 15 at 12:30 The applicant(z)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 3 Properties PIN 26599- 0287 LT Estate/Qualifier Fee Simple Lt Conversion Qualified +1 Add Easement Description PT LT 29 CON 2&PT ROAL STN LTS 20&29 CON 2, DARLINGTON, PTS 1 &11 40R19657;CLARINGTON,REGIONAL MUNICIPALITY OF DURHAM Address CLARINGTON piN 25599 - 0289 LT Estate/Qualifler Fee Simple Lt Conversion Qualified j✓l Add Easement Description PT LT 29 CON 2 DARLINGTON, PT 3 40R19657:CLARINGTON, REGIONAL MUNICIP ALITY OF DURHAM_ Addrnss CLARINGTON PIN 26599 - 0291 LT Estate/Qualifer Fee Simple Lt Conversion Qualified CI Add Easement Description PT LT 29 CON 2 DARLINGTON, PT 2 40R19557;CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM. Address CLARINGTON Considerat ion Consideration $0.00 Transferors) The transferor(s) hereby transfers the easement to the transferee(s). Name ROBERT R. OWEN HOLDINGS LIMITED Address for Service 2728 Courtloe Road Courtice, Ontario L1 E 2M7 I, ROBERT R.OWEN,have the authority to bind the Corporation, This document is not authorized under Power of Attorney by this party. Transferees)l Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF Beneficial Owner CLARINGTON Address for Service 40 Temperance Street 8owmanville, Ontario L1 C 3A6 Statements Schedule: See Schedules Signed By Jennifer Ann Shields 86 Simcoe St.South, Box 428,Stn. acting for Trsnsferor(s) Signed 2004 06 09 A Oshawa Lt H 71-5 Tel 9055795302 Fax 9055790073 Barbara-Ann Gale 2600-200 Bay$t.,Royal Bank acting for Transferee(s) Signed 2004 06 09 Plaza, South Tower Toronto M5J 2J4 Tel 4168647385 Fax 4168647404 Submitted By KITCHEN, KITCHEN,SIMESON& 86 Slmcoe St. South, Box 428,Stn.A 2004 Oe 15 MCFARLANE Oshawa L,1 H 71-5 Tel 9055795302 Fax 9055796073 0611612004 15: 42 4168647404 DENNIS HEFFERON LAW PAGE 05108 LRO#40 Transfer Easement Raeeipted as DR285871 on 2004 06 15 at 12:30 The applicant(s)heroby appiles to the Land Registrar. yyyy mm dd Page 2 of 3 Fees/Taxes/Payrnent Statutory Registration Fee $60,00 Land Transfer Tax $0.00 Total Paid $150.00 File Number Transferee Client Filo Number: 7691-DEV 96-064 06/1612004 15:42 4168647404 DENNIS HEFFERON LAW PAGE 06/08 LAND TRANSFER TAX STATEMENTS in the matter of the conveyance of: 26599-0287 PT LT 29 CON 2&PT RDAL BTN LTS 213&29 CON 2, DARLINGTON, PTS 1 & 11 40R19657:CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM 26599-0289 PT LT 29 CON 2 DARLINGTON,PT 3 40819657;CLARINGTON, REGIONAL MUNiCIP A41TY OF DURHAM_ 26599-029i PT LT 29 CON 2 DARLINGTON, PT 2 40R19$57;CLARINGTON,REGIONAL MUNICIPALITY OF DURHAM. BY: ROBERT R. OWEN HOLDINGS LIMITED TO: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Beneficial Owner °/b(all PINS) 1- DENNIS HEFFERON lam j-D (a)A person In trust for whom the land conveyed In the above-described conveyance Is being conveyed; ❑ (b)A trustee named in the above-described conveyance to whom the land is being conveyed; (c)A transferee named in the above-described conveyance; [?� (d)The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON described in paragraph(s)(c)above. (e)The President,vice-President,Manager,Secretary, Director,or Treasurer authorized to act for described in paragraph(s) U above. n (f)A transferee described In paragraph ()and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein deposed to. (g)A transferee described In paragraph()and am making these statements on my own behalf and on behalf of who is my same-sex partner described above in paragraph(s)(,). g, The total consideration for this transaction Is allocated as follows: (a)Monies paid or to be paid in Cash 2.00 (b)Mortgages (i)assumed (show principal and interest to be Credited against purchase price) 0.00 (it) Given Back to Vendor 0.00 (c) Property transferred in exchange(detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e)Liens, legacies,annuities and maintenance charges to which transfer is subject 0.00 (f)Other valuable consideration subject to land transfer tax(detail below) 0.00 (g)value of land,building,fixtures and goodwill subject to land transfer tax(total of(a)to(f)) 2.00 (h)VALUE OF ALL CHATTELS-Items of tangible personal property O.QO (i)Other considerations for transaction not Included in (g)or(h)above 0.00 (i)Total consideration 2.00 ri Explanation for nominal considerations: g)transfer to a municipality pursuant to a development agreement PROPERTY Information Record A_ Nature of Instrument: Transfer Easement LRO 40 Registration No. DR285871 Date: 2004/06/15 B_ Property(s): PIN 26599-0287 Address CLARINGTON Assessment - Roll No PIN 26599-0289 Address CLARINGTON Assessment - Roll No PIN 26599-0291 Address CLARINGTON Assessment - Roll No C.Address for Service: 40 Temperance Street Bowmanville,Ontario L1 C 3Ae D. (i)Last Conveyance(s): PIN 26599-0287 Registration No, 0546195 PIN 26599 .02a9 Registration No. D546194 PIN 26599 -0291 Registration No. D546194 (ii) Legal Description for Property Conveyed: Same as in last conveyance? Yes 0 No 21 Not known E_Tax Statements Prepared By: Barbara-Ann Gale 2600-200 Bay St_, Royal Bank Plaza,South Tower Toronto M5J 2J4 06/16/2004 15:42 4168647404 DENNIS HEFFERON LAW PAGE 07/08 Instrument Statement, 61 Page 3 of 3 The Transferor hereby transfers to the Transferee, its successors and assigns, the tree uninterrupted and unobstructed right and easement to enter upon those parts of the lands described herein, excluding parts upon which any building or other structure has been erected, for the purpose of gaining access to the lands which are south of Part 2 on Reference Plan 40R-19657 and which are subject to an easement for storm sewers in favour of the Transferee as set out in Instrument Number LT733888. Together with the right of the Transferee, it successors and assigns and its and their servants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles 'to cross the said lands at all times and to pass and repass thereon for the purpose of reaching the lands subject to the said storm sewer easement, to carry out construction, reconstruction, cleaning, inspection, or any related work on the lands affected by Instrument CIO. LT733888. To have and to hold the said right and easement across 'the lands described herein hereof unto the Transferee, its successors and assigns for its and, their sole and only use forever. And the Transferor hereby releases the Transferee from any and every claim which may or might arise out of the exercise by the Transferee of any of the rights granted by this indenture and accepts the consideration mentioned herein in full sa'tisfac'tion of all such claims. Provided, however, that the exercise of the above right and easement shall not unreasonably interfere with the Transferor's use of such lands and the Transferee on each occasion on which it exercises such right and easement shall restore, at the Transferee's sole cost, the Transferor's lands that may have been disturbed by such exercise to the condition that they were immediately prior to the exercise of such right and easement j.n question. And the Transferor covenants with the Transferee that it has the right to convey the said right and easement to the Transferee notwithstanding any act of the Transferor. And the Transferee shall have quiet possession of the said right and easement, free from all encumbrances, save as herein, men.ti.oned.. And the Transferor covenants with the said Transferee that it will execute such further assurances of the said right and easement as may be requisite. It is understood and agreed. by and between the parties hereto that the burden of this indenture and of all the covenants herein contained shall run with the lands described herein and the benefit of this indenture and aa.1 of the covenants herein contained shall run with all other lands and interests in land owned, occupied or used by the Transferee, its successors and assigns, for the purpose of operating and maintaining the said storm sewer and that this indenture shall be binding upon, and enure to the benefit of the parties hereto, and their respective heirs, executors, administrators and assigns. 06/16/2004 15:42 4168647404 DENNIS HEFFERON LAW PAGE 08/08 ***************** CERTIFICATE # : * CLEAR / TIBRE * NO DE CERTIFICAT: ***************** 00788747-9118692B C E R T I F I C A T E / C E R T I F I C A T SHERIFF AT : LRO#40 DURHAM SHERIF A . DATE OF CERTIFICATE: 2004-06-15 DATE DU CERTIFICAT : THIS CERTIFIES THAT THERE ARE NO WRITS OF EXECUTION, EXTENT OR CERTIFICATES OF LIEN IN MY HANDS AT THE TIME OF SEARCHING AGAINST THE REAL AND PERSONAL PROPERTY OF: JE CERTIFIE, PAR LA PRESENTE, NE PAS AVOIR DE BREF D'EXECUTION, NI DE CERTIFICAT DE PRIVILEGE, NI D'ORDONNANCE EN MA POSSESSION AU MOMENT DE LA RECHERCHE VISANT LES BIENS MEUBLES OU IMMEUBLES DE: SURNAME / NOM GIVEN NAMES / PRENOM (S) (COMPANY/COMPAGNIE) ROBERT R. OWEN HOLDINGS LIMITED CAUTION TO PARTY REQUESTING SEARCH: ENSURE THAT THE ABOVE INDICATED NAME IS THE SAME AS THE NAME SEARCHZD THIS NAME WILL REMAIN CLEAR UNTIL THE CLOSE OF BUSINESS TIiIS DATE. AVERTISSEMENT A LA PARTZE OUZ DEMANDS LA RECHERCHE: ASSUREZ-VOUS QUE LE NOM INDIQUE CI-DESSUS EST LE MEME QUE CELUI QUZ EST RECHERCHE. CET ETAT DEMEURE VALIDE JUSQU'A LA FIN DE LA JOURNEE DE TRAVAIL. CHARGE FOR THIS CERTIFICATE $ 11 . 00 FRAIS POUR CE CERTIFICAT DEVELOPMENT AGREEMENT MADE (in quintuplicate)this 5 day of May , 2004 BETWEEN: I"MT6� - and ROBERT R. OWEN HOLDINGS LIMITED hereinafter called the "OWNER" OF THE FIRST PART ROY WILLIAM OWEN . hereinafter called the "MORTGAGEE" OF THE SECOND PART ESTATE OF FREDERICK DANIEL CHARLES OWEN, hereinafter called the "MORTGAGEE" OF THE THIRD PART THE CORPORATION OF THE MUNICIPALITY OF CLARINGTO hereinafter called the "MUNICIPALITY" OF THE FOURTH 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 expand the existing car dealership and parking area 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 Directors of Engineering Services and Planning Services have resolved to approve the said development pursuant to Section 41 of the Planning Act and 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 Robert R. Owen Holdings Limited 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 Courtice Road and Highway 2 to the satisfaction of the Director of Engineering Services of the Municipality of Clarington; AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Hydro One Networks Inc., for the provision of an electrical distribution system; -2 - NOW THEREFORE, in consideration . of the mutual agreements and covenants hereinafter contained, the parties hereto agree as follows: 1. Scheduled "C" includes all necessary development plans and drawings showing the site development and the size, location, elevation and exterior-architectural design of the building which the Owner proposes to erect on the said lands, which have been approved conditionally on the making of this agreement by the Director of Planning Services and the Director of Engineering Services prior to the issuance of building permits. 2. The Owner agrees that no buildings or structures, other than the building as shown on Schedule "C" of this Agreement 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 as shown on Schedule "C" of this Agreement, unless otherwise approved by the Director of Planning Services and the Director of Engineering Services. 3. PARKING AND LOADING The Owner agrees to provide and maintain off-street parking and driveway access as shown on Schedule "C" of this Agreement and to do so in accordance with specifications to be approved by the Director of Engineering Services 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. 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 and the Director of Emergency Services. (b) The Owner further agrees to remove garbage and other waste materials as often as may be required by the Director of Engineering Services and the Director of Emergency Services. 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 as shown on Schedule "C" of this Agreement. 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 Services 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. The Owner agrees to the following light reduction measures: a) When the existing light bulbs that were installed with the new lighting system burn out, the bulbs will be replaced with new light bulbs that reduce the light output in wattage by 10%; b) Light shields shall be installed on all lights fronting along Highway 2 and Courtice Road to limit light impact and glare; and, C) Lighting levels shall be reduced by 50% after the hour of 9:30 p.m. each evening. 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 shown on 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. 9. SIDEWALKS — NOT USED 10. ARCHITECTURAL CONTROL The Owner agrees that prior to the issuance of a building permit, submit to the Director of Planning Services 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 equipment from public view, is approved by the Director of Planning Services . 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 — NOT USED 14. REQUIRED SITE WORKS The Owner agrees that, prior to the issuance of any building permit for the building as shown on Schedule "C" of this Agreement, all Site Works shall be approved by either the Director of Engineering Services and/or Director of Planning Services. 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 as shown on Schedule "C" of this Agreement, the estimated cost of all Site Works shall be approved by the Director of Engineering Services and Director of Planning Services 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 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. - 5 - 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 for the Municipality. 17. USE OF ENGINEERING PERFORMANCE GUARANTEE - NOT USED 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 and the Director of Engineering Services, 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 and the Director of Engineering Services 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. 19. PAYMENT TO THE MUNICIPALITY (a) The Owner agrees that they are subject to the approved Development Charges By-laws of the Municipality of Clarington, Regional Municipality of Durham, Kawartha Pine Ridge District School Board, and Peterborough- Victoria-Northumberland and Clarington Separate School Board as amended or replaced from time to time. The Owner agrees to pay to the Municipality of Clarington by cash or certified cheque all required residential and/or non-residential development charges as determined by the Chief Building Official prior to the issuance of the building permit. (b) The Owner shall pay to the Municipality of Clarington by cash or certified cheque, the sum of $16,300.00 being a fixed payment by the Owner to the Municipality on account of the following: i) Development Charges for additional dwelling units to be erected at $ per unit at the date of execution of this Agreement. $ Not Used ii) Payment in lieu of parkland dedication, hereby fixed at $ 11,500.00 - 7- iii) Contribution towards construction of $ Not Used iv) Contribution towards 12 street trees along Highway 2 $ 4,800.00 (c) The money paid by the Owner under Clause 19(b) 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(b). (d) The Landscaping Performance Guarantee required under Section 16 and administered under Section 18 will be drawn down to cover the 12 street trees along Highway 2 as required in Section 19(b)(iv). 20. PERMITS The Owner acknowledges that approval of the site plan as shown on Schedule "C" of this Agreement 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. 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 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, 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 - NOT USED 25. TRANSFER OF EASEMENTS On or prior to 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 paragraph 25 shall be prepared by the Owner and shall be registered at the Owner's expense, at the same time as the Plan is registered. 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 Authority 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. ADDITIONAL PLANS REQUIRED The Owner acknowledges that a further amendment to this Development Agreement will be required for approval of the building elevations for the buildings entitled "Future Body Shop" and "Future Used Car Sales Building" as identified on drawing "Site Plan: Al". All relevant plans must be revised to include the actual building footprint and revisions to the parking and servicing layouts. 29. FUTURE MEDIAN ON HIGHWAY 2 The Owner acknowledges that the Durham Region Public Works Department will extend the raised median island on Highway 2 westerly and restrict turning movements to right- in/right-out movements to the site's Highway 2 access. It is understood that this work will be constructed at the expense of the Durham Region Public Works Department. It is further understood that the Owner will not object to the restriction of traffic movements to a right-in/right-out only pattern at the site's Highway 2 access and that the Owner will have no claims for loss of income against the Regional Municipality of Durham or the Municipality of Clarington resulting from this modification. 30. ACCESS PLANS REQUIRED The Owner agrees to grant the Municipality of Clarington an easement over Parts 1, 2, 3 and 11 of Plan 40R-19657 as described in Schedule 7" over the subject lands, save and except all existing and future buildings or structures, to provide access for maintenance purposes to a rear yard municipal storm sewer easement located south of the subject lands as set out in Instrument Number LT 733888 and described as Part 1 of Plan 40R-16570, Parts 1 to 4 of Plan 40R-16627, Parts 1, 5 and 13 of Plan 40R-16668, and Parts 1 and 2 of Plan 40R-16938. The Owner will erect gates at the entrances to the development. The Municipality of Clarington will make every effort to conduct maintenance of the municipal storm sewer easement during regular business hours. Together with the right of the Transferee, its successors and assigns and its and their servants, agents contractors and workmen with all necessary materials, equipment, machinery and vehicles to cross the said land at all times and to pass and repass thereon - 10 - for the purpose of reaching the lands subject to the said storm sewer easement, to carry out construction, reconstruction, cleaning, inspection, or any related work on lands affected by Instrument No. LT733888. And the Transferor hereby releases the Transferee from any and every claim which may or might arise out of the exercise by the Transferee of any of the rights granted by this indenture and accepts the consideration mentioned herein in full satisfaction of all such claims. Provided, however, that the exercise of the above right and easement shall not unreasonably interfere with the Transferor's use of such lands and the Transferee on each occasion on which is exercises such right and easement shall restore, at the Transferee's sole cost, the Transferor's lands that may have been disturbed by such exercise to the condition that they were immediately prior to the exercise of such right and easement in question. 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 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" - 11 - Schedule "C" - "Site Plan: AV - "Site Services and Grading Plan: LG-1" - "Erosion and Sediment Control Plan: ES-1" - "Planting Plan: D1" - "Layout Plan: D2" - "Blowup of Northeast Corner: D3" - "Blowup of Northwest Corner: D4" - "Landscape Details - Masonry Columns: D5" - "Detail Page: D6" - "Elevations: A4" - "Lighting Proposal for Roy Nichols Motors Ltd., Courtice, Ontario: LO-46827" - "Mechanical Site Services, Domestic Water, Natural Gas, and Carwash Sanitary: M1" - "Electrical Site Services; Parking Lot Lighting: E1" - "Elec. Service Trench for Future Buildings: ET' Schedule "D" - "Site Works Cost Estimate" Schedule "F" - "Easements 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 MUNICIPALITY OF CLARINGTON ROBERT R. OWEN HOLDINGS LIMITED 2cz��� Robert R. Owen, President v ROY W LIAM OWEN ESTATE OF FREDERICK DANIEL CHARLES OWEN j rt Muriel owcro , Signing Office 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 the following parcels: 1. Part of PIN 26599-0251, being Part of Lot 29, Concession 2, designated as Parts 1 and 11, Plan 40R-19657 in the geographic Township of Darlington, in the Municipality of Clarington, in the Regional Municipality of Durham. 2. PIN 26599-0155, being Part of Lot 29, Concession 2, designated as Part 3, Plan 40R-19657 in the geographic Township of Darlington, in the Municipality of Clarington, in the Regional Municipality of Durham. 3. PIN 26599-0154, being Part of Lot 29, Concession 2, designated as Part 2, Plan 40R-19657 in the geographic Township of Darlington, in the Municipality of Clarington, in the Regional Municipality of Durham. 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 Robert R. Owen Holdings Limited 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. 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. A copy of the Site Plan drawings, as approved for registration is on file with the Municipality of Clarington and can be viewed at 40 Temperance Street, Bowmanville in the offices of Planning Services. 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 - NOT USED Landscaping Cost Estimate Planting Colmnar Norway Maple (6) $ 1,470.00 Bearberry Cotoneaster (42) $ 1,050.00 Blue Rug Juniper (201) $ 7,035.00 Austrian Pine (19) $ 3,990.00 White Cedar (350) $ 10,500.00 Goldflame Spirea (90) $ 2,250.00 Rugosa Rose (33) $ 825.00 Red Twig Dogwood (13) $ 520.00 Total Costs for Planting: $ 27,640.00 Site Works Artforms Bollard Newavea Low (10) $ 2,000.00 Artforms Bollard Newavea High (21) $ 5,250.00 Masonry Fence Pillars (10) $ 15,000.00 Wrought Iron Fencing 1.2m High $ 7,175.00 1.8m Solid Wood Fence $ 12,320.00 0.9m Steel Swing Gates (2) $ 2,800.00 0.9m Steel Bollards (97) $ 8,730.00 Pavers for Car Entrance Display $ 20,970.00 Limestone Rocks (retaining features) (25) $ 5,625.00 Limestone Rocks )planning bed features) (9) $ 1,800.00 Sod & 1 00m of Topsoil $ 4,995.00 Handicapped Parking Spaces (1) $ 350.00 Total Cost for Site Works: $ 87,015.00 Sub-total $114,655.00 G.S.T. 7% $ 8,025.85 Total Landscaping Cost Estimate: $122.680.85 SCHEDULE "F" THIS IS SCHEDULE "F" 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. EASEMENTS TO BE TRANSFERRED Easement providing municipal access over Parts 1, 2, 3 and 11 of Plan 40R- 19657, save and except all existing and future buildings or structures, to gain access to a municipal storm sewer easement south of the subject lands as set out in Instrument Number LT733888 and described as Part 1 of Plan 40R-16579, Parts 1 to 4 of Plan 40R- 16627, Parts 1, 5 and 13 of Plan 40R-16668, and Parts 1 and 2 of Plan 40R-16938. DATED: , 2004 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 9 F-1 Ti of ROBERT R. OWEN HOLDINGS LIMITED - and - ROY WILLIAM OWEN '. 74 ESTATE OF FREDERICK DANIEL CHARLES OWEN DEVELOPMENT AGREEMENT The Corporation of the Municipality of Clarington Planning Services Department 40 Temperance Street Bowmanville, Ontario L1 C 3A6 File: DEV 96-064