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HomeMy WebLinkAbout2002-117 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002- 117 being a by-law to authorize the entering into a Development Agreement with Ridge Pine Park Inc. and any Mortgagee who has an interest in the said lands and the Municipality of Clarington in respect of the development of Phase 6 of the Wilmot Creek Community WHEREAS the Council of the Municipality has enacted By-law 90130 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 develop Phase 6 of the Wilmot Creek Community and has requested the Municipality to approve the said development pursuant to the provisions of By-law 90-130: AND WHEREAS the Owner proposes to transfer lands to the Municipality, which will form a part of the Waterfront Trail located within the northerly portion of the Wilmot Creek Community: AND WHEREAS the Municipality will accept said lands to be transferred notwithstanding said lands are not free and clear of all leases and encumbrances: NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 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 Development Agreement between Ridge Pine Park Inc. and the Municipality respecting for the development of Phase 6 within the Wilmot Creek Community and certain other matters. 2. THAT the Mayor and Clerk are hereby authorized to accept on behalf of theMunicipality the said conveyances of lands required pursuant to the aforesaid agreement. BY-LAW read a first time this 24th day of June 2002 BY-LAW read a second time this 24th day of June 2002 BY-LAW read a third time and finally passed this 24h day of June 2002 John M tton, Mayor Gatti arrie nicipal Clerk OA-0 1 � . � n Leading the Way MEMO TO: Patti Barrie, Municipal Clerk FROM: Bob Russell, Planner, Development Review Branch DATE: August 22, 2002 RE: WATERFRONT TRAIL (PARKLAND) DEDICATION APPLICANT: RIDGE PINE PARK INC. PART LOT 3, B. F. CONC. FORMER TOWNSHIP OF DARLINGTON FILE: SPA 2000-030 For the above, please find enclosed a copy of: Receipt of Electronic Transfer of Land for a portion of the Waterfront Trail (part of the parkland dedication) Solicitor's Certificate/Certificate of Title Discharge of Charge/Mortgage For your records. Bob Russell CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F(905)623-0830 riuu V c i Ge�UG 1 1 1 �i 1-K KUb 1 N5 HP h'Ltb Y I HUd41 t dtib UL306 I U bUy#tUi�UU463P 1 yWb P - 28/34 LRO#40 Transfer Receipted as DR101569 on 2002 08 09 at 14:11 The applicant(s)hereby applies to the Land Registrar yyyy mm dd Page 1 of 3 Properties PIN 26935 - 0007 LT Estate/Qualifier Fee Simple Absolute Split Description PART OF LOT 3, BROKEN FRONT CONCESSION(FORMER GEOGRAPHIC TOWNSHIP OF DARLINGTON)MUNICIPALITY OF CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM,DESIGNATED AS PARTS 1, 2, 3&4 ON PLAN 40R-21158 BEING PART OF PIN: 28935-0007; SUBJECT f0 AN EASEMENT AS IN TRANSFER NO. NL 2629E,AS TO PARTS 2, 3 AND 4 ON PLAN 40R-21158; SUBJECT TO AN EASEMENT AS IN TRANSFER NO. NL 1685,AS TO PART 1 ON PLAN 40R-21158; SUBJECT TO THE RESERVATIONS AS SET OUT IN SCHEDULE ATTACHED Address CLARINGTON Consideration Consideration $2.00 Transferor(s) The transferors)hereby transfers the land to the transferee(s), Name RIDGE PINE PARK INC. Address for Service 17 Dean Street Brampton,Ontario L6W 1 M7 I, David W. Rice and Maxwell C. Rice,have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share { Name THE CORPORATION OF THE MUNICIPALITY OF Capacity: N/A CLARINGTON Address for Service 40 Temperance Street Bowmanville,Ontario L1 C 3A6 Statements Schedule: See Schedules Signed By Heather Margaret Picken 43 Queen St.W. acting for Transferor(s) Signed 2002 08 06 Brampton L6Y 1 L9 Tel 9054513040 Fax 9054515056 Audrey Wanda Weaver 2500-130 Adelaide acting for Transferee($) Signed 2002 08 08 Toronto M5V 2M2 Tel 416-868-1080 Fax 4168680306 Submitted By LAWRENCE LAWRENCE 43 Queen St.W. 2002 08 09 STEVENSON Brampton L6Y 1 L9 Tel 9054513040 Fax 9054515058 Fee&Taxes/Payment Statutory Registration Fee $60.00 Total Paid 160.00 AUG 21 2002 11 : 13 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P .29i34 Instrument Statement, 61 Page 2 of 3 FIRSTLYt RESERVING UNTO THE TRANSFEROR, its successor and assigns, the right, privilege and easement in perpetuity over part 3 on Plan 40R-21158 ("the strip") , for purposes as follows: 1. To erect, maintain, operate, repair, replace, relocate, reconstruct and remove at any time and from time to time, in, over, along and under the land hereinafter referred to as "the strip" a bridge for the use of all persons entitled to passage over the same from and to the lands owned by the Transferor. 2. To keep the said strip clear of all trees, shrubs and brush which may interfere with a safe operation and maintenance of the said bridge. 3 . To conduct engineering and legal surveys and make soil testing, on and over the strip. 4 . To clear the strip and keep it clear of all buildings, structures or other obstructions of any nature whatsoever other than the said bridge owned by the Transferor, including removal of any materials which in the Transferor's opinion need to be removed. Notwithstanding the foregoing, the Transferee may from time to time, or the person or persons entitled thereto, may at his or her expense, construct and maintain lanes, walks and fences on or under the strip or any portion thereof provided such lanes, walls and fences shall not in any way whatsoever endanger, damage or unreasonably interfere with the use, operation, repair, replacement, relocation, reconstruction or removal of the bridge and further, provided that prior to commencing such installation, the Transferee shall give to the Transferor 30 days notice in writing so as to enable the Transferor to have a representative inspect the site and be present during the performance of the work. 5 . The Transferee has the right to enter onto the property for maintenance of the trail as required. Regular maintenance would typically include litter pick-up, trail surface maintenance, grass tramming, etc. 6. Incidental to the exercise of the rights hereby created, the Transferor shall have the access to the said lands at all times by its servants, agents, contractors, and subcontractors and its or their vehicles, supplies, machinery and equipment, provided that the Transferor has given the Transferee written notice of not less than 48 hours that it intends to enter onto the property to undertake work as specified in writing, and specifies the period of time that the Transferor estimates will be required to complete the work, and the Transferee's Director of Engineering Services has given his written approval of the said entry on the property by the Transferor, which approval shall not be unreasonably withheld and not be unreasonably delayed, provided that if the trail intended to be constructed on the property is to be closed for more than 5 days, the Transferor, at its costs, shall provide an area on the dominant tenement for the temporary relocation of the trail to the satisfaction of the Transferee's Dire otor of Engineering Services. The rights herein created are appurtenant to the dominant tenement of the Transferor being the adjoining lands described as appurtenant to the dominant tenement of the Transferor, being the adjoining lands described as: Remainder of Parcel 32-4, Concession 1 (Clarke) ; Firstly: Part Lot 3, Broken Front Concession, Municipality of Clarington, regional Municipality of Durham (formerly Township of Darlington, County of Durham) Part 2 on Plan 1OR-1330; T/W Part Lot 33, Concession 1 (Clarke) , Part 1 on Plan 10R-2161 as in NL 5030; T/W Part Lot 33, Concession 1 (Clarke) , Part 2 on Plan IOR-2161 as in NL 50321; 5thly: Part Lot 3, Broken Front Concession, Municipality of Clarington, Regional Municipality of Durham (formerly Township of Darlington, County of Durham) , Part 1 and2 on Plan. lOR-1973; S/T NI, 1885, NL 1886, NL 2829E, Clarington, being ALL OF PIN: 26935-0007, SAVE & EXCEPT Parts 1, 2, 3 and 4 on Plan 40R-21158. Notwithstanding the foregoing, in the event of an "emergency" (as hereafter defined) the Transferor shall have the right of access to the said lands without giving the Transferee prior written notice, provided that within 24 hours after the entry has been made the Transferor shall give the Transferee (1) written notice that it has entered on the property to undertake emergency repairs to the bridge, (2) the Transferor's written plan for repair of the bridge including the period of time during which the trail will be closed, and (3) shall obtain the Transferee's Director of Emergency Services written approval of any repairs that are not required to address the emergency before such repairs are undertaken; and provided further that if the trail is to be closed for me than 5 days, the Transferor, at its cost, shall provide an area on the dominant tenement for the temporary relocation of the trail, to the satisfaction of the Transferee's Director of Emergency Services. The term "emergency" used in this clause means any sudden state or condition which AUG 21 2002 11 : 13 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P .30i34 Instrument Statement, 61 Page 3 of 3 without immediate attention either will prevent the use of the bridge by all persons entitled to passage over same from and to the lands owned by the Transferor or will prevent the safe use of the trail by members of the public. 7. Any damage caused to Municipal infrastructure or improvements, e.g, fences, trail, etc, shall be repaired by the Transferor, if damaged by the Transferor's maintenance, repair and other rights and obligations as set out herein. 8 . To enter on and to pass and repass at any and at all times, in, over, along and upon the bridge for the Transferor and its tenants and their servants, agents, contractors and subcontractors with or without vehicles, supplies, machinery and equipment for all purposes necessary or convenient to the exercise and enjoyment of the rights and hereby reserved. SECONDLY: RESERVING UNTO THE TRANSFEROR, its successors and assigns, the right, privilege and easement in perpetuity over Part 1, 2, 3 & 4 on Plan 40R-21158, for servicing purposes as follows: 1. To install, maintain, operate, inspect, alter, repair, replace, re-construct, enlarge and remove at any time and from time to time, in, over, along and under Parts 1, 2, 3 and 4 on Plan 40R-21158, all ditches, swales, sewers and drains, pipes, equipment, apparatus, materials, parts and other appurtenances thereto for such services including but not limited to water, sewer, telephone, gas, hydro and television (the "Services") , provided that the design and siting of Services is first approved in writing by the Transferee. 2 . Incidental to the exercise of the rights hereby created, the Transferor shall have access to the said lands at all times by its servants, agents, contractors, and subcontractors and its or their vehicles, supplies, machinery and equipment, as appurtenant to the dominant tenement of the Transferor, being the adjoining lands described as: Remainder of Parcel 32-4, Concession 1 (Clarke) , Firstly: Part Lot 3, Broken Front Concession, Municipality of Clarington, Regional Municipality of Durham (formerly Township of Darlington, County of Durham) Part 2 on Plan IOR-1330; T/W Part Lot 33, Concession 1 (Clarke) , part 1 on Plan IOR-2161 as in NL 5030; T/W Part Lot 33, Concession 1 (Clarke) , Part 2 on Plan 1OR-2161 as in NL 50321; 5thly: Part Lot 3, Broken Front Concession, Municipality of Clarington, Regional Municipality of Durham (formerly Township of Darlington, County of Durham) , Parts 1 and 2 on Plan 10RW1973; S/T NL 1885, NL 1886, NL 2829E, Clarington, being all of PIN: 26935-0007; SAVE AND EXCEPT Parts 1, 2, 3 and 4 on Plan 409-21158; 3. Any damage caused to Municipal infrastructure, e.g. fences, trail, etc, shall be repaired by the Transferor, if damaged by the Transferor. 4 . Subject to the right, interest and easement hereby created, the Transferee for itself, its successors and assigns, shall remove from and keep the said land free and clear of any buildings constructed by the Transferee, and not to do or suffer to be done any act that might damage the said Services, provided that the Transferor has provided the Transferee with plans showing the location of the said Services. AUG 21 2002 11 : 14 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P .32i34 AFFIDAVIT QF RESIDENCE AND OF VALUE OF THE CONSIDERATION In the matter of the conveyance of: 26935-0007 PART OF LOT 3,BROKEN FRONT CONCESSION (FORMER GEOGRAPHIC TOWNSHIP OF DARLINGTON)MUNICIPALITY OF CLARiNGTON, REGIONAL MUNICIPALITY OF DURHAM,DESIGNATED AS PARTS 1,2.3&4 ON PLAN 40R-21158, BEING PART OF PIN: 26935-0007; SUBJECT TO AN EASEMENT AS IN TRANSFER NO. NL 2829E,AS TO PARTS 2,3 AND 4 ON PLAN 40R-21158,, SUBJECT TO AN EASEMENT AS IN TRANSFER N0, NL 1885,AS TO PART 1 ON PLAN 40R-21158; SUBJECT TO THE RESERVATIONS AS SET OUT IN SCHEDULE ATTACHED BY: RIDGE PINE PARK INC. T0: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Capacity:N/A %(all PINS) MAKE OATH AND SAY THAT: 1. For LEOR MARGULIES lam (a)A person in trust for whom the land conveyed in the above-described conveyance Is being conveyed; U (b)A trustee named in the above-described conveyance to whom the land is being conveyed; n (c)A transferee named in the above-described conveyance; L✓� (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-Prestdent, Manager,Secretary, Director,or Treasurer authorized to act for described in paragraph(s) U above. U (f)A transferee described in paragraph()and am making this affidavit 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. u (g)A transferee described In paragraph()and am making this affidavit on my own behalf and on behalf of who is my same-sex partner described above In paragraph(s) U. 3. 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 (ii)Given Back to Vendor 0.00 (c) Property transferred in exchange(detail below) 0.00 (d)Securities transferred to the value of(detail below) 0100 (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 0.00 (i)Other considerations for transaction not included in (g)or(h)above 0.00 a)Total consideration 2.00 4. If the consideration is nominal, describe the relationship between transferor and transferee and state purpose of conveyance Nominal considerations due to'the relationship between transferor and transferee is: e)other:developer and municipality Explanation for nominal considerations: g)transfer to a municipality pursuant to a development agreement PROPERTY Information Record A. Nature of instrument: Transfer LRO 40 Registration No. DR101569 Date: 2002/08/09 B. Property(s): PIN 26935-0007 Address CLARINGTON Assessment 1817010-01000520 Roll No C.Address for Service: 40 Temperance Street Bowmanville, Ontario L1 C 3A6 D. (i) Last Conveyance(s): PIN 26939 -0007 Registration No. NL2829E (ii)Legal Description for Property Conveyed : Same as in last conveyance? Yes n No Not known E.Transferee(s)'s Solicitor. Audrey Wanda Weaver 2500-130 Adelaide Toronto M5V 2M2 4 Suite 1800 SEON, GUTSTADT, LASH, LLP Madison Centre 4950 Yonge Street BARRISTERS AND SOLICITORS North York(Toronto) Ontario,Canada M2N 6K1 STEPHEN D SEON ELI GUI'STADT ROBERT A.LASH FAX:(416)224 0758 BENJAMIN SALSBERG FAYE DAWSON STANLEY GOODMAN,Q.0 TELEPHONE:(416)224 0224 Real Estate Counsel:BERNARD FEINTUCH E-MAIL:egutstadt @torlaw.com SENT BY FAX August 8,2002 1905 623 0830 AND DELIVERED Mr.Robert Russell,MCIP,RPP, Planning Services Department, Development Review Branch, The Municipality of Clarington, 40 Temperance Street, Bowmanville,Ontario,L1C 3A6 Dear Sir: RE: RIDGE PINE PARK INC. ("Ridge Pine") Phase VI of Wilmot Creek Newcastle, Ontario We enclose herewith our Certificate of Title herein which has been prepared in the form required by Dennis Hefferon. If you require any further information or clarification relating to the enclosed Certificate,please contact the undersigned at your convenience. Yours very truly, EG/VL ELI STADT cc- Ridge Pine Park Inc. Attention: Mr.David Rice Mr. George Rotstein Mr. Roger Howard - Lawrences Attention: Judy Achong TO: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND TO: ROBINS,APPLEBY& TAUB, their solicitors herein RE: Ridge Pine Park Inc. (the"Owner") Subdivision Agreement with The Corporation of the Municipality of Clarington CERTIFICATE OF TITLE I, ELI GUTSTADT, a solicitor of the Ontario Court(General Division), do hereby certify that the Owner is the sole owner in fee simple of Part of Lot 3, Broken Front Concession, Municipality of Clarington, Regional Municipality of Durham,now designated as Parts 1, 2, 3,4, 5, 6 and 7 on Plan 40R-21158 (the"Lands"). I further certify that there are no mortgages or other encumbrances upon the Lands or any part thereof save and except the following: 1. First Charge in favour of The Toronto-Dominion Bank registered February 3rd, 1999 as #LT886504 securing the principal amount of$14,000,000.00; 2. Notice of General Assignment of Rents registered February 3rd, 1999 as#LT886505 in favour of The Toronto-Dominion Bank, which Assignment was given in connection with Charge #LT886504; 3. Notice of General Assignment of Leases registered February P, 1999 as #LT886506 in favour of The Toronto-Dominion Bank, which Assignment was given in connection with Charge#LT886504; 4. Second Charge in favour of The Toronto-Dominion Bank registered November 29th, 1999 as#LT932668 securing the principal amount of$14,000,000.00. 5. Notice of Agreement registered January 8th, 1982 as #NL 1078 is a development agreement between Ridge Pine and The Corporation of the Town of Newcastle (the "Development Agreement'); 6. Notice of Agreement registered March 22"d, 1983 as #NL1288 in favour of The Regional Municipality of Durham; 7. Notice of Agreement registered May 17th, 1984 as #NL1573 between Ridge Pine and The Corporation of the Town of Newcastle which is an amendment to the Development Agreement referred to above; 8. Notice of Agreement registered July 8th, 1994 as #LT687044 in favour of The Consumers' Gas Company Ltd. (the "Company') which agreement provides for a right in the nature of a license in order to permit the Company to enter upon that portion of the Lands which does not constitute Sites for the purpose of repairing, operating and maintaining, etc., gas lines as may be necessary for the purpose of furnishing natural gas to the Lands and any buildings thereon; 9. Transfer of Easement registered February 1St, 1985 as#NL1885 in favour of Bell Canada; 10. Transfer of Easement registered February 1St, 1985 as #NL1886 which is a transfer of easement from Ridge Pine to Bell Canada for the purpose of enabling Bell Canada to construct,operate and maintain continuous lines of telephone and telecommunication facilities on the Ridge Pine lands and other lands; 11. Transfer of Easement registered October 17th, 1985 as#NL2829E in favour of Ontario Hydro; 12. Notices of Leases in favour of Tenants/Homeowners in the Wilmot Creek Communit,y Tenants (all of whom are homeowners in the Wilmot Creek Community) have registered notices of their respective leases between the said tenants and Ridge Pine Park Inc. as landlord. The said Notices of Leases are solely for the purpose of evidencing each tenant's interest in his/her respective lease with respect to such tenant's Demised Site in the Wilmot Creek Community. Also registered on title are a number of Notices of Charge/Mortgage of Lease(the"Charges") between certain tenants and their respective banks or financial institutions. Such Charges are a mortgage by the tenant of his/her interest in the lease and none of the said Charges constitute a charge of the landlord's interest in the property. I confirm that a copy of the current parcel register which was prepared for our firm on June 14th,2002 was delivered to Mr. Robert Russell of the Planning Services Department on June 20t',2002. I further certify that the Onwer is the sole owner in fee simple of all lands to be conveyed to the Corporation of the Municipality of Clarington or over which easements or rights are to be conveyed to the Corporation of the Municipality of Clarington pursuant to the Agreement free from all encumbrances save and except the following: 1. First Charge in favour of The Toronto-Dominion Bank registered February 3'd, 1999 as #LT886504 securing the principal amount of$14,000,000.00; 2. Notice of General Assignment of Rents registered February 3`d, 1999 as#LT886505 in favour of The Toronto-Dominion Bank, which Assignment was given in connection with Charge #LT886504; 3. Notice of General Assignment of Leases registered February P, 1999 as #LT886506 in favour of The Toronto-Dominion Bank, which Assignment was given in connection with Charge#LT886504; 4. Second Charge in favour of The Toronto-Dominion Bank registered November 29th, 1999 as#LT932668 securing the principal amount of$14,000,000.00. 5. Notice of Agreement registered January 8th, 1982 as #NL1078 is a development agreement between Ridge Pine and The Corporation of the Town of Newcastle (the "Development Agreement"); 6. Notice of Agreement registered March 22°a, 1983 as #NL1288 in favour of The Regional Municipality of Durham; 7. Notice of Agreement registered May 17th, 1984 as #NL1573 between Ridge Pine and The Corporation of the Town of Newcastle which is an amendment to the Development Agreement referred to above; 8. Notice of Agreement registered July 8th, 1994 as #LT687044 in favour of The Consumers' Gas Company Ltd.; 9. Transfer of Easement registered February 1st, 1985 as#NL1885 in favour of Bell Canada; 10. Transfer of Easement registered February lst, 1985 as #NL1886 which is a transfer of easement from Ridge Pine to Bell Canada for the purpose of enabling Bell Canada to construct,operate and maintain continuous lines of telephone and telecommunication facilities on the Ridge Pine lands and other. lands; 11. Transfer of Easement registered October 17t', 1985 as#NL2829E in favour of Ontario Hydro; 12. Notices of Leases in favour of Tenants/Homeowners in the Wilmot Creek Community Tenants (all of whom are homeowners in the Wilmot Creek Community) have registered notices of their respective leases between the said tenants and Ridge Pine Park Inc. as landlord. The said Notices of Leases are solely for the purpose of evidencing each tenant's interest in his/her respective lease with respect to such tenant's Demised Site in the Wilmot Creek Community. Also registered on title are a number of Notices of Charge/Mortgage of Lease(the"Charges") between certain tenants and their respective banks or financial institutions. Such Charges are a mortgage by the tenant of his/her interest in the lease and none of the said Charges constitute a charge of the landlord's interest in the property. This certificate is given by me to the Corporation of the Municipality of Clarington and to Robins, Appleby & Taub for the purpose of having the said parties rely upon it and to act on it in approving and releasing the Agreement and for certifying title. DATED at Toronto this 7t'day of August,2002. SEON, GUTSTADT,LASH LLP ( ELI GUTSTADT AUG 21 2002 11 : 14 FR ROBINS APPLEBY TRUB416 868 0306 TO 609#0200463#1905 P .34i34 r LRO#40 Discharge Of Charge Receipted sa DR101571 on 2002 08 09 at 14:11 The applicants) hereby applies to the land Registrar. yyyy mm dd Page 1 of 1 Properties PIN 26935 - 0007 LT Estate/Qualifier Fee Simple Absolute U Affects Part of Prop Description PART OF LOT 3, BROKEN FRONT CONCESSION(FORMER GEOGRAPHIC TOWNSHIP OF DARLINGTON)MUNICIPALITY OF CAARINGTON, REGIONAL MUNICIPALITY OF DURHAM,DESIGNATED AS PARTS 1,2,3&4,ON PLAN 40R-21158,BEING PART OF PIN:26935-0007 Address CLARINGTON Document to be Discharged Registration No. Date Type of Instrument LT932668 199911 29 Charge/Mortgage Discharging Party(s) This discharge complies with the Planning Act.This discharge discharges the charge. Name THE TORONTO-DOMINION BANK Address for Service 3140 Duffedn Street at Apex Road Toronto, Ontario M6A 2T1 I, Peter S. De Simio,have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. The party giving this discharge is the original charges and Is the party entitled to give an effective discharge Signed By Audrey Wanda Weaver 2500-130 Adelaide acting for Applicant(s) Signed 2002 08 08 Toronto M5V 2M2 Tel 416-868-1080 Fax 4168680306 Submitted By ROBINS,APPLEBY&TAUB 2500-130 Adelaide 2002 08 09 Toronto M5V 2M2 Tel 416-868-1080 Fax 4168680306 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 ** TOTAL PAGE . 34 ** AUG 21 2.002 11 : 14 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 33i34 LRO#40 Discharge Of Charge Receipted as DR101570 on 2002 08 09 at 14;11 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1 Properties PIN 26935 - 0007 LT Estate/Qualifier Fee Simple Absolute Affects Part of Prop Description PT LT 3 BROKEN FRONT CON MUNICIPALITY OF CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM(FORMERLY TOWNSHIP OF DARLINGTON,COUNTY OF DURHAM), DESIGNATED AS PARTS 1,2,3&4 ON PLAN 40R-21158,BEING PART OF PIN 26935-0007 Address CLARINGTON Document to be Discharged Registration No, Date Type of Instrument LT886504 1999 02 03 Charge/Mortgage Discharging Party(s) This discharge complies with the Planning Act.This discharge discharges the Charge. Name THE TORONTO-DOMINION BANK Address for Service 3140 Dufferin Street at Apex Road Toronto, Ontario MBA 2T1 1, Peter S.De Simio,Vice-President and Manager, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. The party giving this discharge is the original chargee and is the party entitled to give an effective discharge Document(s) to be Deleted Registration No. Date Type of Instrument LT886505 1999/02/03 Notice Under S.71 Of The Land Titles Act LT886506 1999/02/03 Notice Under S.71 Of The Land Titles Act Signed By Audrey Wanda Weaver 2500-130 Adelaide acting for Applicant(s) Signed 2002 08 09 Toronto M5V 2M2 Tel 416-868-1060 Fax 4168680306 Submitted By ROBINS,APPLE=BY&TAUB 2500.130 Adelaide 2002 08 09 Toronto M5V 2102 Tel 416-868-1080 Fax 4168680306 FeewTaxes/Payment _71 Statutory Registration Fee $60.00 Total Paid $60.00 PUG 21 2002 11 : 08 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 02i34 4 t LRO#40 Notice Under S.71 Of The Land Titles Act Reoeipted as DR101563 on 2002 08 09 at 14:11 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 27 Properties PIN 26935 - 0007 LT Estate/Qualifier Fee Simple Absolute Description PCL 32-4 SEC CON. 1(CLARKE): 1STLY: PT LT 3 SROK1=N FRONT CON, MUNICIPALITY OF CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM (FORMERLY TOWNSHIP OF DARLINGTON, COUNTY OF DURHAM) PT 2, 10R1330; TAN PT LT 33 CON 1 CLARKE PT 1, 1 OR2161 AS IN NI-5030;T/W PT LT 33 CON 1 CLARKE PT 2, 1OR2161 AS IN NI-5031;5THLY:PT LT 3, BROKEN FRONT CON, MUNICIPALITY OF CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM (FORMERLY TOWNSHIP OF DARLINGTON,COUNTY OF DURHAM) PTS 1 &2, 1081973 ; Srr NL1885,NL7886,NL2829E CLARINGTON Address CLARINGTON Consideration Consideration $2.00 Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name RIDGE PINE PARK INC. Address for Service 17 Dean Street Brampton, Ontario L6W 1 M7 I, M. C_ Rice and D.W. Rice, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Party TO(S) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Address for Service 40 Temperance Street Bowmanville, Ontario L1 C 3A5 This document is being authorized by a municipal corporation John Mutton, Mayor and Patti L.Barrie,Municipal Clerk. 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 Audrey Wanda Weaver 2500-130 Adelaide acting for Applicant(s) Signed 2002 07 26 Toronto M5V 2M2 Tel 416-868-1080 Fax 4168680306 Submitted By ROBINS,APPLEBY&TAUB 2500.130 Adelaide 2002 08 09 Toronto M5V 2M2 Tel 416-868-1060 Fax 4168680306 FeesJTaxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 AUG 21 2002 11 : 08 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 03i34 , DEVELOPMENT AGREEMENT MADE(In quintuplicate)this '�-�r day of ca,�2002 BETWEEN: RIDGE PINE PARK INC., hereinafter called the"OWNER"OF THE FIRST PART - and- THE CORPORATION OF THE MUNICIPALITY OF CLAiR)NGTON, hereinafter called the"MUNICIPALITY"OF THE SECOND PART and- THE TORONTO-DOMINION BANK hereinafter called the"MORTGAGEE"OF THE THIRD PART WHEREAS by Agreement dated December 2, 1981 ("Original Agreement") the Owner and the Municipality entered into an Agreement respecting the development of certain lands In the Municipality comprising 123.9 he, which are more particularly described in Schedule "A" of the Original Agreement. Schedule "C" to the Original Agreement contained a site plan for these lands. AND WHEREAS by Agreement dated April 5, 1984, the Owner and the Municipality entered Into an agreement to amend the Original Agreement by replacing the site plan contained In Schedule"C"to it with a revised site plan("Revised Site Plan"). AND WHEREAS this Agreement applies in respect of a portion of the lands("said lands") shown on the Revised Site Plan,certain provisions of the Original Agreement,and also In respect of certain other lands. AND WHEREAS the Council of the Munlclpallty has enacted By-law 90-130 being a by- law designating all lands located within the corporate limits of the Municipality of Clarington as a Site Plan Control Area, a certified copy of which by-law has been registered in the Land Registry Office for the Registry Division of Durham (No. 40) as Instrument No. D405251; AND WHEREAS the Owner proposes to erect 36 single detached dwellings, 16 semi detached dwellings, 24 townhouse dwellings and a woodworking recreation centre 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 90-134,provided that the Owner enter into this Agreement with the Municipality; RUG 21 2002 11 : 08 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 04i34 2 •2- 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 midge Pine Park Inc. as stated in the affidavit attached to this Agreement as Schedule"B"; AND WHEREAS the Owner warrants that It has entered, or will enter Into an Agreement With the Regional Municipality of Durham, for the provision of services 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 Hydro One Networks Inc.,forthe provision of an electrical dlstdbutlon system; NOW THEREFORE, In consideration of the mutual agreements and covenants hereinafter contained,the parties hereto agree as follows: 1. Annexed hereto and marked as Schedule "C" is a site plan showing the size, location, elevation and exterior architectural design of the buildings which the Owner proposes to erect on the said lands, which has 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.The site plan of the subject lends contained in Schedule "C" to this Agreement shall replace the Revised Site Plan Insofar as it would otherwise have applied to the subject lands. 2. The Owner agrees that no buildings or structures,other than the buildings shown on Schedule"C"shall be erected on the said lands and further,that in the construction of such buildings, the Owner will oomply with the elevatlons, exterlor architectural design, the location of the buildings on the lot and all other matters relating to the buildings shown on Schedule"C",unless otherwise approved*by the Director of Planning Services and the Director of Engineering Services. It Is agreed between the parties that certain residential building footprints may change from those indicated on Schedule "C" and will be accepted for building permit issuance,subject to the other usual building permit requirements,without the need for an amendment to Schedule"C". 3. PARKING AND LOADING The Owner agrees to provide and maintain off-street parking and driveway access In accordance with Schedule "C" and to do so In accordance with specifications to be approved by the Director of Engineering Services which shall include a surfacing of RUG 21 2002 11 : 09 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P .05i34 i i ' I .3. parking areas with concrete, bituminous asphalt or gravel that has a stable surl'ace and does not raise dust and permits access under all weather conditions. No parking of vehicles shall be permitted on access areas near the party roomtworkshop 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 garbage and waste storage facilities and pick-up 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 common roadways and access ramps, private driveways,parting areas,loading areas and common walkways within twelve(12) hours of the cessation of any fall of snow. 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 Englneering Services and annexed to this Agreement as a portion of Schedule 7. ILLUMINATION The Owner agrees to provide illumination of the said lands and buildings in accordance with plans and specifications to be approved by the Director of Englneering Services and to refrain from erecting or using any form of illumination which, in the opinion of the Municipality,would cause any traffio hazard or would cause a dlawrbance to residential uses adjacent to the said lands. AUG 21 200211 : 09 FR ROBINS APPLEBY TRUB416 868 0306 TO 609#0200463#1905 P . 06i34 -4- 8. FENCING AND LANDSCAPING The Owner agrees to erect and maintain fences and plant and maintain, trees, shrubs or other suitable ground cover In accordance with the approved site plan and/or landscaping plan as per Schedule "C" of this Agreement. The Owner further acknowledges that the Municipality has the right to draw on the Letter of Credit with respect to the Landscaping Performance Guarantee for the Landscaping Works at any time when deemed necessary by the Director of Planning Services. 9. SIDEWALKS - Not Used 10. ARCHrMCTURAL C NTROL The Owner agrees that prior to the issuance of a building permit to submit, to the Director of Planning Services for approval, architectural drawings detailing the exterior elevation of all proposed buildings Including building material and colour scheme. Except for the dwelling units built on sites 907, 908, 923, 931 and 941, and one other dwelling unit at one other site to be chosen by Ridge Pine Park Inc. all building petmlts for single detached, seml-detached and townhouse dwelling units shall comply with the following standards: ®) Model Repetlfion Repeating popular model/elevations Is not acceptable since It conflicts with the requirements for variety within the streetecape. Additional elevations will be required for popular models. I) Single-Detached and Semi-Detached Dwellings The siting of Identical elevations side by side or directly opposite is not permitted; Identical front elevations of a model shall be separated by a minimum of 2 dwelling unite and shall not be sited greater than 3 times within any row of 10 dwelling units. Such elevations must use a different exterw colour package;and ■ There must be at least 3 different models (different building footprint) within any row of 10 dwellings on a street, li) Townhouse ''he massing and design of each townhouse block,rather than Individual units, will be reviewed. Each block of townhouse units shall maintain design varlety between adjacent blocks. AUG 21 2002 11 :09 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 07i34 -5, b) Garage projection LImitedona The following garage projection ratios shall be applied to all over the entire Phase VI development: A minimum of 25%of all units shall have garages which are either flush with or reoeased behind the ground floor front wall or covered main entry feature; A minimum of 25%of all units shall have garages which are either recessed or projecting to a maximum of 1.5 m in front of either the ground floor front wall or covered main entry feature;and A maximum of 33%of all units may have garages which project to a maximum 5.0 m in front of either the ground floor front wall or covered main entry feature. C) Exterior Colours A sufficient yarlety of exterior colour packages shall be offered to avoid monotony within the streetecape. Individual exterior colour packages shall combine to create a visually harmonious streetscape appearance. Colour packages shall display the following design criteria: Compatible material colours are required within each individual colour package; ■ Accent brick should be used sparingly. its colour should be subtle and blend harmoniously with the main wall cladding colour, Where siding is used,the colour of window/door casings should be different but hamionious to that of the main siding colour, ■ The roof colour shall complement the colour of the main wall cladding; ■ No two dwellings which have abutting frontage or flankage shall have the same main wail cladding colour, ■ No more than 3 iderrtical colour packages will be permitted within any row of 10 dwelling units and these should be separated by at least 3 dwelling units;and, Where Identical front elevations are used in any group of 10 dwellings sold units shall have a distinctly different colour package, d) Mechanical Equipment on all mutti-unit buildings no roof-top mechanical equipment such as air conditioners or ventilators, shall protrude from the roof or any portion of the buildings unless the design and location thereof,including the screening of such �- equipment from public view,is approved by th'e Director of Planning Services. 9) Alternatives Limited exceptions to the above may permit altemetivas to the architectural controls Identified In paragraphs 10(9)and 10(c)without amendment of this Agreement at the sole discretion of the director of Planning Services. RUG 21 2002 11 : 09 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P .08i34 -6- 11. APPROVAL OF_PLANS AND SPECIFICATIONS The Owner agrees that the Issuance of any building permit in respect of the said lands shalt be prohibited until all plans and specifications outlined In Schedule "C" and required pursuant to this Agreement have been approved by the Municipality. 12. ReQ1STRATI0N 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 identified on Schedule"C"hereto,drawings for 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 Landscaping Works. 15. APPROVAL OF 31`17 WORKS COST ESTIMATE The Owner agrees that,prior to the issuance of any building permit for the buildings Identified on Schedule"C"hereto,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 shell consist of the Landscaping Cost Estimate.The Landscaping Cost Estimate shall contain the estimated costs for the construction and Installation of all landscaping and fencing for the development. The said approved Site Works Cost Estimate shall be deemed to have been included In this Agreement at the date of its original execution,whether or not It was, in fact,so included and whether or not It is,in fact,entered into Schedule"Dw hereto. 16. PERFORMANCE GUARANTEE REQUIRED (a) Prior to the Issuance of any authorization to commence work, the Owner shall provide the Municipality with 2 Performance Guarantee, In the form of AUG 21 2002 11 : 09 FR ROBINS APPLEBY TRUB416 866 0306 TO 609#0200463#1905 P . 09i34 i 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) All submissions made under Clause 16(a) of this Agreement shall be approved by the Director of Finance/Treasurer 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 falls 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 Munlcipalky'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 Effectfve Date of Completion), As the Landscape Works may be installed In phases over a period of time, such Works shall be Inspected and Notice of Completlon issued on a yearly basis, allowing partial reductions of the Performance Guarantee. The landscaping Works shall be guaranteed by the Owner for a period of one AUG 21 2002 11 : 10 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 10i34 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 con'ect all daficlencles 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 falls 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 Owners guarantee, either to reimburse the Municipality for,or to pay the cost of so doing. 19. PAYMENT TO THE MUNICIPALITY (a) Except as otherwise provided in the Minutes of Settlement contained in the Decision and Order of the Ontario Municipal Board dated May 9, 2001 under Number 0732 (OMB No. DC 99021), the Owner acknowledges that they are subject to the Municipality's Development Charges By-law, as amended or replaced from time to time. (b) The Owner shall pay to the Municipality of Clarington by cash or certified cheque, the applicable development charges pursuant to the Municipality's Development Charges By-law,as amended or replaced from time to time. For the purpose of clarity, the parties hereto acknowledge and agree that paragraph 7 and Schedule"E"of the Original Agreement were not Intended to and shall not operate to affect in any way the Municipality's exercise of its powers and remedies under the Development Charges Act, 1997, as amended or replaced from time to time. (c) The money paid by the Owner under Clause 19(a) shall, upon payment, become the sole and absolute property of the Municipality of Clarington free from all claims of the Owners and the Owners shall not, under any circumstances, be entitled to any refund of any part of the said money, whether or not the actual cost of providing the services Is less than the fixed amount paid by the Owner under Clause 19(a), (d) The Regional Municipality of Durham, Municipality of Clarington, Kawartha Pine Ridge District School Board, and Peterborough-Victoda- Northumberiand and Clarington Separate School Board have all enacted development charge by-laws. The Owner agrees to pay all required resldential development changes applicable to residentlal buildings and all required non-residential development charges applicable to commercial buildings as determined by the Chief Building Official prior to the issuance of a building permit. AUG 21 2002 11 : 10 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 11i34 -9. 20. PERM TS The Owner agrees that, prior to the issuance of any building permits other than building permits for utility servicing, a survey by an Ontario Land Surveyor must be submitted and approved, detailing the layout of Phase 6 including all individual site boundaries and all private road boundaries. The Owner acknowledges that approval of the site plan contained In Schedule V'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 Reglonal 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 Transportatlon,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 unless such Lease Agreement prohibits signage. 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. CE IFiCATION 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 AUG 21 2002 11 : 10 FR ROBINS APPLEBY TRUB416 868 0306 TO 609#0200463#1905 P . 12i34 said lands and setting out the names of all persons having Interests in the said lands and the nature of their Interests. 23. TRANSFER OF LANDS On or prior to the date of execution of this Agreement,the Owner shall deliver to the Municipality executed transfers, sufficient to vest In the Municipality tide In fee simple to the lands set out in Schedule"E"hereto, absolute free and dear of all encumbrances and restrictions, subject to the reservation in favour of the Owner of such easements as are required by the Owner for services and for a bridge access,All transfers referred to in this Clause 23 shall contain provisions to the satisfaction of the Municipality's solicitor, and shall be made In a registemble form. Despite the foregoing, the Municipality acknowledges that a number of residential leases (and In .a few Instances mortgages of the leasehold interests) have been registered against the title to the lands set out in Schedule"E". The Owner undertakes to use Its best efforts to cause the registrations to be removed from title upon the expiry of the term or surrender of such leases, whichever shall first occur. On the basis of the Owner's undertaking, the Municipality agrees to accept the transfer of the lands despite such registrations. If any person entitled to the benefit of one or more of these registrations indicates his intention to enforce or commence proceedings his priority rights against the Municipality, the Municipality may commence and pursue the expropriation of all outstanding interests In the land shown as "Waterfront Trail" on the approved Phase 6 Site Plan at the cost of the Owner, including but not restricted to compensation to the owners of such interests and the Municipality's reasonable legal and other expenses. Forthwith after written demand for payment Is made by the Municipality to the Owner therefore, the Owner shall pay to the Municipality,the amount Invoiced to the Owner for reimbursement of such amount to the Municipality. 24. TRANSFER CE-EASEMENTS - Not Used 25. REGISTRATION OF TRANSFARS The transfers referred to In Clauses 23 and 24 shall be prepared by the Owner and shall be registered at the Owner's expense,at the same time as the Plan Is registered. 26. MAiNTENANCE OF OIIJQRrr SEPARATOR($)- Not Used AUG 21 2002 11 : 10 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 13i34 -11 - 27, WATERFRONT TRAIL a) The Owner agrees to include in all future transfers or leases of any portion of the lands to which the Original Agreement applies and lands which now or in the future are owned by the Owner a clause to the satisfaction of the Municipality's solicitor, which notifies the lessee or the transferee, as the case may be,that the Waterfront Trail for the use of the public will be built and operated near the lands that are the subject of the transfer or lease, and that the transferee or lessee Is not to object to the establishment or the use of the Waterfront Troll, b) The Owner will cooperate with the Municipality in good faith by supporting any application which the Municipality may make to Hydro One Networks Inc. ("Hydro One")to accommodate an easterly extension of the Waterfront Trail for use by members of the public on lands owned by Hydro One which are adjacent to the lands to which the site plan contained In Schedule"C"to this Agreement or the Revised Site Plan applies. 26. ACCESS TO WATERFRONT TRAIL The Owner hereby consents to provide the Municipality of Clarington permission for Its employees, contractors, equipment and vehicles to access to and from the lands owned by Ridge Pine Park Incorporated, or its successors In title for the purpose of construction, inspection and/or maintenance of the Waterfront Trail, The Muncipality of Clarington will consult with Ridge Pine Park Incorporated prior to undertaking any specific acts of construction, inspection and/or maintenance of the Waterfront Trail that involve the lands owned by Ridge Pine Park Incorporated at least two (2) business days prior to undertaking such acts. 29. 4A3 VAULT RELOCATION OR RETAINING WALL The construction of the Waterfront Trail may require the relocation of the gas vault located immediately west of the Wilmot Creek Drive Bridge or the construction of a retaining wall to protect the vault from fill required for the Waterfront Trail.To this end,the Owner agrees to pay the Municipality upon execution of this agreement the sum of $1,000.00. if a retaining wall Is not required the Municipality will return$1,000.00 without interest to the Owner. In the event the Municipality determines to relocate the gas vault at Its expense, the Owner hereby agrees to provide suitable lands for such relocation. In the event that a retaining wall is determined to be the preferred solution, the Owner consents to this work. RUG 21 2002 11 : 10 FR ROBINS APPLEBY TRUB416 868 0306 TO 609#0200463#1905 P . 14i34 -12- 30. PHAOE_6_WATERFRONT TRAIL SOUTH FENCE The Owner will pay to the Munlclpailty upon the execution of this agreement the sum of $9,603.00 towards the cost of the Phase 6 Waterfront Trail South Fence, as shown on Schedule "C' and the Municipality of Clarington will complete construction of this fence prior to the opening of the Trail to the public. 31. CANADIAN NATIONAL RAILWAYS COMPANY WARNING CLAUSE Canadlan National Railways Company wams that the Company or its assigns or successors in Interest has or have a rights-of--way within 300 metres from the land subject hereof. There may be alteration to or expansions of the railway facilities on such rights- of-way in the future Including,the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures In the design of the development and individual dwellings. CN will hot be responsible for any complaints or claims arising from use of such facilities and/or operations on,over or under the aforesaid rights-of-way. 32, NOISE IMPACT STUDY The Owner agrees to implement and maintain the reoommendoons included In the Howe Gastmeler Chapnik Limited (HGC)Noise Impact Study as revised on February 8, 2002, The setback from the railway, the berms, acoustic wells, and other outdoor mitigation measures as shown In the site and grading plans are to be installed and maintained In the future,consistent with the above study. 33. PHASE 6 BUILDING PERMITS BEYOND THE 507"PERCENTILE The Site Plan Agreement for Phases 1 to 5 of the Wilmot Creek Community must address to the satisfaction of the Director of Engineering Services and Director of Planning Services the status of the north of Phases 1 to 5 Waterfront Trail and the status and use of the unopened road allowance between Part Lot 35, Concession 1, former Clarice Township and Part Lot 1, Broken Front Concession,former Darlington Township prior to the Issuance of Phase 6 Building Permits beyond the 50tl1 percentile. The zoning provisions for Phases 1 to 6 Inclusive,of the Wilmot Creek Community, as they appear In the Draft Clarington Zoning By-law must be agreed to by Ridge Pine Park Incorporated prior to the Issuance of Phase 6 Building Permb beyond the 50" percentile. AUG 21 2002 11 : 10 FR ROBINS APPLEBY TRUB416 868 0306 TO 609#0200463#1905 P . 15i34 - 13- 34: ORIGINAL&GBEEMENT Except as otherwise provided In this Agreement, the provision of the Original Agreement shall continue to apply to the subjec# lands until they are amended by the parties thereto. 35. TIME OF ESSENCE Time shall be of the essence of this Agreement. 36, ASSIGNMENT OF AGREEMENT This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and may be enforced by the Municipality pursuant to the provisions of the Planning Act as amended or replaced from time to time. 37, POSTPONEMENT OF MORTGAGE The Mortgagee hereby postpones its mortgage to this Agreement with the Intent that this Agreement shall take effect as though dated,executed and registered prior to the mortgage, In the event that(1)the Mortgagee obtains an order of foreclosure against the Owner, (2)the Mortgagee directly or indirectly takes possession of the Lands,or(3)the Lands are sold after default occurs under the mortgage, the Lands shall not be used or developed by any person otherwise than in conformity with the provisions of this Agreement. In order to give further assurance to the Municipality, the Mortgagee at its cost shall execute a separate Postponement Agreement containing terms satisfactory to the Municipality's Solicitor forthwith after being requested to do so by notice given in writing to the Mortgagee and to deliver the same to the Municipality. 38. INTERP TATION NOT AFFECTED BY HFJI,DIN-4 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. 39. SCHEDULES The following Schedules which are attached hereto, together with all provisions therein, are hereby made a part of thls 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: I Schedule"A" - "Legal Description of the Lands" Schedule"8" "Affidavit of Ownership" AUG 21 2002 11 : 11 FR ROBINS APPLEBY TRUB416 868 0306 TO 609#0200463#1905 P . 16i34 •14- Schedule"C" "Site Plan" "Grading Plan" "Servicing Plan" "Comer lots" "Landscape Plan" 'Townhouse Landscape Plan" 'Townhouse Elevatlons" "Party Room/Workshop-Elevations-3d" "Party RoomlWorkshop-Elevations-4rl" Schedule T" - "Site Works Cost Estimate" Schedule"E" - "Lands to be Transferred" Schedule"F" - 'Postponement of Mortgage Agreement" AUG 21 2002 11 : 11 FR ROBINS APPLEBY TRUB41G 868 0306 TO 609#0200463#1905 P . 17i34 , 1 15- 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 • John Mutton, Mayor Patti y Ba ' ,Mun al Clerk RIDGE PINE PARK INC. '(Name) H i c Ig (Name) THE TORO OMINION BANK (Name) peter S. De 51mio Vice President &Manager (Name) ) AUG 21 2002 11 : 11 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 18i34 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 Caarington),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 Caarington, in the Regional Municipality of Durham,and being composed of that Part of Lot 3, Broken Front Concession, in the former Township of Darlington, now the Municipality of Clarington, Regional Municipality of Durham, now designated as Parts 1,2,3,4,5,6 and 7 on Plan 40R-21158. AUG 21 2002 11 : 11 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463 41905 P . 19i34 I SCHEDULE"B" THIS IS SCHEDULE "13" to the Agreement which has been authorized and approved pursuant to By-taw No.90-130 of the Town of Newcastle(now the Munlolpailty of Clarington),enacted and passed the 23rd day of July,MO. STATEMENT OF OWNERSHIP Ridge Pine Park Inc. are the Owners of the property as described in the Schedule"A" attached hereto and as such,have knowledge of the matters hereinafter contained within this Agreement, AUG 21 2002 11 : 11 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 20i34 SCHEDULE"C" THIS IS SCHEDULE "C" to the Agreement which has been authorized and approved pursuant to By-law No. 90-130 of the former Town of Newcastle (now the, Municipality of Clarington),enacted and passed the 23rd day of July, 1990. 'AS PER ATTACHED' The site plan drawings, as approved are on file for review purposes at 40 Temperance Street,Bowmanvilie in the offices of the Planning Services Department. a A w r _ u ° : r r -':•... -'f - t � -STAIMIM cR OE'fM lz - N IACNtA TRAIL t. r I Yi 1 r ,ss --d �� - . ... m.r.-a.,. � e. � see wr.p„' ........•. r I :> �a RRURE oLVriavNerr soot AxEn � r • ���- I` �t i 1 oy .m. b .�.., IN:l. — . + m _ a _ r ° e• a m � t , • e r WILMOT TRAIL_.... .r .- ° - I 0100 .~ ..e --W APF9&4D SITE PLAN T ICAI.ROAD CROSS SECTION N.T.S. ° ax0 w �r .w,rt NNINf SER E P vl y S _ oy Ridge Pine Park Inc DIRECTOR OF ENGINEERING 4- 44 O rn _ LAKE ON7ARl0 300mm BACK FLOW PREVENTM S/If P(AN t' "�"�`�°'°""°"'°""�'.".,""""°'•° LEGM °IA _ 7DNWHM/S£NLU S//E AREA(m OENS/IY (UN/I51ha.) �...W, Consultants Llmlts0 W4Ha.H4Na ab e 9 a+2r. A.e2 ///J/ ! 9aL%1LS3µaa.996 a —313 ]2.M j ••'M/ 95gs9.9gaet,9a2 a t>2rr. —_— ^°®•w•_� -p®o o-°a m.... 9e] x.ss •^ _� °•a � 9H,9R%6.962.9ea a%9 tNSm' >2.� ..... ®�r+.w. '—' i*77 _ u \ q aro \ 9 —2— r a .• o o V i� NIAGARA TRAIL a A � 1 � : 1r[[ �yt/, ✓�.. - ...... aOiG Trt Vta15 REpaRE r a ii .. O WYtlo6 Cl/LSEx w5 iI1 M: 7-� . •a iR L .. • �. .a...M $ — \ • aTl _'a'- "-SY a '' ,ay,�v=>` n - i _ v ST° II SA �Y '^-�!__ --� t= t� t� xtt So[c•tt RetnawcNrs +=r rtc _ °Efaw��s�ro ec i �itcoiq.o.•r�rt tea,.. • ';I - v.§N etua - aeawrvtars s Y e e a . rw - WILM07 TRAIL �! mY A �T rtN » \ �1 \. vov oo> — ✓ � ° °'t.vx rr� l+ SITE i. , ,m rr 1 ; 1 - 1 yx.!' �. ` _ • w wa m.� SCI1E `.Ertl-�!�> w. NNNIG SER �• Vim^° ...r� � 6 .•�' RECRUTnNa aRE,a lJ . .. - ,..r..,,,.�,m� - .;, _.- '. :,- - vn•, Tn•rn,,.K:o+ubacan.rooM I SECTION =D5 Ridge Pine Park InC. o L}IN+ 9FF tar Ne/oR a wf • -. SCxE vfM.-t.90 — .2 HINKCE=- a� ^ - t} '� .• - 011a,ffY WORKING GE ENGINEERING $ ` q PONtO/ X235(m') VOlU 35Im' GR4"NG PLAY e-� �.,.rr...�-,r--,•r.=..,..WYawE SPYY'�:.:. • LAKE ONTARIO No.2 z2o tze '.lq� � aorta e`,°1ww vrr.°A'•.•m"sas �"i c�"o wtt"`a i.�x aaa scrna. .;1Y N.ri s -n- •+ •' > - scx xoq t ' mar[-o.>'�x > son-o.sx Conautt•nts Llmtl•A SECTION'A-A• sECTION's-9' SECTION'C-C _ _.. a scvc:r�aarz.i:rs scNC "ortlz.-in w.c troaa-t:�s 2.• ' N ' w , . , .....► ,ors ..::".. .... '�t NIAGARA.TRAIL -7—M-- ol TR • - u.me�,�y r' --.-.. SItlN G1WBw91S pia INKLEY \ , ' •'" max. — .,, • ear-•t3 :3 sxe "' � x___ - �. �t WILMOT TRAiI GENERAL NOTES a , .zs , ,. ,.u�w•°w,a4O a.m°m e.wr�s, T�s M1wnlcpWT'J Wnripron Q 4p 11 ° r�`�...��W'° Ridge Pine Park Inc. DIRECTOR F Et I I �R!'N'' ,» .. „ 4, ; tee:°�':a°—° 0. vk-1 U LAKE ONTARIO C/NC PLAN "ia ��� bill ,.. :iawy► 9ERN k;i 't \iM.aa�a\:iiwe. ",4,JIL LEGFND _ -- rmMU gcmmN r-c ,wicu sencN•c-r- /► >r^° — m A}v 926A / i 927 - - o - _ • I , I ' . 926 927A -�t50mrn W/M _ 93 r 942 942A (�0 941 © I 943Ai943 n` < SHEaE1P 2-29,m 036.0 CU 1 ICI CAT/oN O O .. _ Po /O0m 0 .0 1 0 , I B , ' :RAMS E MIN. MN� o I g3� 9 32A �- .. i 921 92 1A �, � APPROV TE FLAN NN1NG SERt1fC 936 DIRECTOR C F ENGINEERING OOmm��6 ORq'N 23 0 � / 9 1 CUB UFRT 6+0 42 ' aQi , 3 5 J, a° -gym 9 •sam O _ 'DS � 5 I 3 M . ,'all cu S 93Sq �MIN 938A 938 , r i i TM Municipelily of Clenrgbn 1 0 _ 1�1 o� 18A Ridge Pine Park Inc. 91B 9 9 19 wrROlc.«a wnm»n L 50r 200x2 px190 TE — B �3 8 CORNER LOTS N® , Convultonts Limped r 4.a SOLMLYAPO sw a.ac PLAkrbU. n., - __. L„-(\ . -.CI .. ,^ OV;L A I .. —i.:— c>ENEwiL N(YrFS ---- w........�.. ...�.«.--.�.............. ., . •�.� -'.- - \ -- - - �,`'c.�..}'�•.._ -- --- ---'� _°v - caio o',ce are TO— 7 Laoxnr� ua.T-T . a na FP m �- m DfRECTOR OF ENGiPl Div ` / r �I,}! .. ._ �. .. m I:.,yy. a u .�,,.�• "� - eY r 9 � � - -- roT_ �- "�:"��:�¢N III � _.�_ __ i� r ;� ...�... .tea.".°.... il I j I � r - , SPIffnLER bIL.b_E: rtP��,a aee � � Z •: �\'±. ` ; 151'1 ICiH I �.....�....•..-...... o� s�awne� ex. Tee �,� I.' �._- � _... I I .. i` 1.,Imoa Tee I .,..nr.a.•�weo. .� .� c EEO- L= f q, I. LE GMf Jl.^.bJ � i ��� •ta � I M O AbrG9FD aRIM1`Eli4-aE[ a"c°O1�ua,a1°°� .fEECEeEn E�S111vEel.ao c - WAIB JG _ { �� �� �.,..mv.....n ,,,w �wu-to.1�►'a d ;. .-... ..._ r,� -- li f' p nn!c5e�awxa e+nx ,....�,.W.:.:�-.~ Lx .•^.... ....� � ` ' n� \� ' � � �kr � �� � �!` 1' 1� li � � ����\))�,wxB�.w.Lxe-rl IIZI r lz- ".':iAl 9"V S»S"° '� '°' o.v}ml.e v,A .,_�� �,�'�;•�T,,.e <.� �„ =���-I�-i .��� -1=,_� ��\ �,. zr�,00c ice A� * r•C �c-�r -.'�x°�sMU.n _ � .., t ;�� � c., - ��-=��+•+__._ Ell At L, i; f f f 1 s rl }f � Q M'.CAL�ECTION 8•i .,Ll: ^.noun .:. % ^... kd s ,B • - I - a " i.n.a n 1 h/, �� •_,� � �;- � X11 ( � � sa } l k` ACOUSTIC FENCE I000-quo las+r y I ,.1 3TRYBOS.moc Tu y Zy- EXPANSION EW e .....,.Z •,d '1 1� -� j �5:�. -.�,° " ^+., I-ANDSCAPr PLAN •y1p`1° '�a' `"" � .y` /'� -'' RICE GROUP I _ -�-� _ 73n LI CANERAL NOTIES, �NMES MT PAVN6 CjRAI M._z 7__� ,7 rfc W� TC469401M 4 RECREATIM CVVM MANT LIST =I=--=1 %__T=2 IS Isr, 3. T zs�M , =wm. -mz,. i _ j - -_ rsra.-aiow•�--s:¢e C0�7�� �L ... �L-�-`�" ly'!'..: O vicecncu� Mm sm Z :.cAT- Mm T PMCAS' Jmm PATIO S-AB6 q LLL RAN AP 4- ---------- 74, 4At R"m DUALS rNLAR,_Er­=NT OF 4 RECREAT CN,CENTS .s DIRE NING SERVI O DDRE ? OF 4GINEERING J awe I TH �, _ t 93 93 FSTRY1 -ir -L,_7 RREI&PR IRENT CWOIIMTN y AVS30 W Pier GRCUP 7 al / LANDSCAPE PLAN TogN"OLISE j b=w L2 SCALE: 200 5C;AL=—: 1 200 Front Block Elevation Full I I i I I I 1 I I I I t I I I I ED I I ra' j E PLAN I fT I I i I Rear Block Elevation DIE P P' ( {,}�'G SERViC D1RECit�t< t EivG4t�EEP,NG I .....••.._ U Le Bungalow Villas __ Ai�� w•. �- - _ - �e n0•w�.>..�ng. - 40 Wilmot CrOok - � co-w.cwl•e w.�y.�e•wa ...a hr•t�1� I I �-� I I i t I ryw�y.rre:. :. «u+..rw..e. •+�•I T Nr♦WCeetl�.Ontario 2 e I _= 7 �__-------_......-'I'�----- ' I - _-_.. ..-.....-._ 1 _.- .. � <n W.n•�...w.P.cinu.i0•�w.wux�Vo _.__------_—i-----1�--__--__-----1__---- prep�ly erw.rerMUe. • ' ����«� �rte,� \�rmr•// R(ce Cap(ta I Group Partial Elev. A Block End Elevation ople..e..eop..g.•.,. vz,pe w..e so�i� - mt.: �..•.Boa woKC : ei-r ELEVATIONS � bu oI Wnde.. MO• Ds•/e� i..u.e rw tsw� l L1.'.1•.e• 4 looz 6f•fC•Zt fo �•a ••u e•r•••t 11A\,3380101,111A10-10\.: »�.. I II Ii II II II II III a tmd F u, rLi, ru, ru, ru, ru, r11-1 WEST ELEVATION WORKSHOP PARTY ROOM popperl r.M U knot Creek 1 u►,eew,ou.e Driv. APPROYW_^SITE PLAN Glar"tm 0r rio t Ridge Pine Park Inc. PARTYROd'1N10RK8HOP DI P1^,N!NG SE, VIC 1 I a ..o II ru, , r U 1 i 1 WORKSHOP PARTY ROOM NORTH ELEVATION Elevations 3 r2 'u, II --------------------J----- -—L�- I SOUTH ELEVATION L u WOF 01`PARTY ROOM popperl 11 �.. UAlmot Creek IlhelW�.Drtve °.r�`°^a,..b APPROVER SITE PLAN Ridge Pine Park Inc. DIR P NNING SERV-C � , J ---- F, M....,.« ...r,:n.« OIREGTOR OF ENGINEERING EAST ELEVATION- �•"°�`• WORKSHOP PARTY ROOM Elevations 4 r2 AUG 21 2002 11 : 11 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#020f0463# 1905 P . 21i34 SCHEDUt-E"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, 1890, SITE WORKS COST ESTIMATE Lanc#scayiing Coat Estimate 1. Townhouses-shrubs,lattice fence,front walkway and patio $30,785.00 2, Spreader swale-declduous trees,shrubs and seeding $ 4,140.00 3. Boulevard and Backyard Deciduous Trees $28,875.00 4. Lake Trall-shrubs,grasses,granular path, unit paving and benches $19,240.00 5. Party Room/workshop-coniferous trees,shrubs, transplanted trees and unit paving $ 3,616.00 Sub total $86,655.00 7% G,S.T. $ 6,065.85 Sub-total $92,720.85 6%Landscape Architect Supervisory Fee $ 4,636.04 159/6 Contingency Fee $13,908.13 TOTAL: �L1„�65.02 AUG 21 2002 11 : 12 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 22i34 SCHEDULE"E" THIS IS SCHEDULE "E" to the Agreement which has been authorized and approved pursuant to By-law No. 90-130 of the former Town of Newcastle (now the Municipality of Clarington),enacted and passed the 23rd day of July,1990, LANDS To BE TRANSFERRED Parts 1,2.3 and 4 on Plan 40R-21158. AUG 21 2002 11 : 12 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 23i34 SCHEDULE"F" THIS IS SCHEDULE"F"to the Agreement which has been authorized and approved pursuant to By-law No.90-130 of the former Town of Newcastle(now the Municipality of Clarington),enacted and passed the 23M day of July, 1990. PO$TPONEMENT OF MORTGAGE AGREEMENT 'AS PER ATTACHED' AUG 21 2002 11 : 12 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 24i34 ILr Doroea■SolwareLld. •(af6,azz�a,f, 011 Document General D Ontario 1`e1rn4—untlR IelntionaebnnAct 54001-064 (1)%gtatry ❑ Land TI(les® (y) papa 1 of 2 pages (3) p�tty Hlock Properly I Prpn! 4sl 26935.007 SaoHfone1' Srhedok (4)Nature of OccumaM AGREEMENT POSTPONING CHARGE/MORTGAGE OF LAND (S)Considaeatlon W Dollars S NIL (6)Description Part of Lot 3,Broken Front Concession,being Part I on Plan 40R-18717,Municipality of Clarington,Regional Municipality of Durham,Geographic Township of Darlington. (continued in Schedule attached) New Propetlyldentlnero AdtlRlonfl: e etluk ❑ Executions (7) This (a)Redsscilptlon ;(b)Schedule for AdMonal; I--� Document New Easement f—I I Additional see Schedule Q Contains; Plan/Sketrh C) Descripllon ® Ponies ❑ Other❑ ta)rhla Doeument provides as fenuwa: THE TORONTO-DOMINION BANK,the registered owner or Charge No. LT 932668,dated November 25,1999, and registered November 29,1999 mortgaging the above described lands hereby)POSTPONE the said mortgage to Site Plan Agreement No.DEV 2000-030,which Agreement is dated _ _ and registered as instrument Number ,in favour of The Corporation or the unicipality of Clarington. Continued on schedule❑ (g)This Document relates to instrument nurnbsr(s) Charge No. LT 932668 and Site Plan Agreement No, (10)PaMiee) (Sol out Status or Intoreaq Narns(a) SIgneture(s) Data of Signature .7�ANK•-.................................... b ri................................ ....--•....................---. 2042_�_.Q Name: i 1 ! Title, ' E ... ..-..................I................. rut...................._—------------------- Name: i I Title- l (11) Addreee !or Oarvlc■ 3140 Dur(erin Street at Apex Road,Toronto,Ontario X6A 2TI (12)P"(iee) (Set out Status or Interest) Nomo(e) signature(s) Date of Signature Y M ,e TRE-CORPOR/1TIQ,V-0E,TFMMIYlC1PA U 0C1-A_.RTI.qQTQV -. ._.,...........-.. .....T...............�...._� i r r ................... ...................................................................._.......---...... -. ..............................._..........-.-........-.........................}....„_.. . .... _....... II t - .....................................................I--,'.........................................—...—._ —..............................................................................T............... 1.......�....—. � 1 1 � � 1 (13) Adore•` 40 Temperance Street,Bowmanville,Ontario L1C 3A6 rorse,.re� (14)municipal Address of Property (16)Document Prepared by: Foes end Tax Feather M.Picken Registration Fee LAWRENCE,LAWRENCE, not assigned STEVENSON LLP 43 Queen Street West Brampton,Ontario L6Y 1L9 7ets1 mwrwd yaprM uW”Ma Ev,"""W AUG 21 2002 11 : 12 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 25i34 M oro�ince Schedule 00ProceasSofwareLtd, - (418)322.6111 C Ontario Schedule 5—Lend Rayiatotlon Reform Act V Page z Additlonal Property Idendfigr(s)andloe other Information Parcel 32-4, Section Concession 1 (Clarke) PIN: 26935-0007: Part of Lot 3, Broken Front Concession, Municipality of Clarington, Regional Municipality of Ourharn(formerly of TJlwnship of Darlington),designated as Part 2 on Plan I OR-1330.and Parrs 1 and 2 on Plan 1 OR-1973; SUBJECT TO an easement in favour of'Bell Canada,for the purposes set out in Transfer of Easement No. NL 1885. SUBEJCT TO an easement in favour of Bell Canada over part of Lot 3, Broken Front Concession designated as Part I on Plan IOR-1818, as in No.NL 1866, TOGETHER WITH an easement over part of Lot 33, Concession 1,Clarke,designated as Part 1 on Plan l OR-2161,as in No.NL 5030. TOGETHER WITI4 a right-of-way over part of Lot 33,Concession 1,Clarke,designated as Part 2 on Plan IOR-2161,as in No NL.5031, I LL �I11 �y �y.n�M O.IMW Upny TAB C�y��rM AUG 21 2002 11 : 12 FR ROBINS APPLEBY TAUB416 868 0306 TO 609#0200463#1905 P . 26i34 • wwtW arY,wYl■NY. • t�lp)OLL-0111 t Document venera� ���• rrn a Mo =Lend pe tetnuen ■refire Aet 54001-064 � (1)Registry❑ Lpnd Tlllss (2) Paga 1 of 2 paged (9)d,nl'fr'%(a) 26935.007 Property Addleonel: El S•■ Shceduh (a)N■tury of Document AGREEMENT POSTPONING CHARQFJMORTgAGE OF LANn (6)Consideration Dollars f NIL 7 (e)Desotiption Parcel 32-4,Section Con.l(Clarke) LL Firstly; Part Lot 3, Broken Front Concession,Municipality of o Clarington,Regional Municipaity of Durham(formerly Township of )Darlington,County of Durham),being Part 2 on Plan 1012-1330; T/W Part Lot 33,Concession 1 Clarke,Part 1 on Plan IOR-2161 as in NL 5030; New Property identifiers T/W Part Lot 33,Concession 1 Clarke,Part 2 on Plan 1 OR-2161 as in ��menal: ❑NL 5031, Sehedute Executions (Continued on Schedule attached) (7) This (a)RedsseAplion ;(h)sehaduie for. Addhi1onat Document NowEeeement ff��11 Additional Schedule ❑ Contains: AIan/Sketch ❑i geserlpllon 10 parllee 0 Other Q (6)Th4 Document provides as foflvwa: THE TORONTO-D 011'MON BANK,the registered owner of Charge No.886504 dated January 21,1999 and registered February 3,1999,mortgaging the above described Iands hereby POSTPONE the said mortgage to Site Plan Agreement No,DEV 2000-030,which Agreement is dated ___ _ and registered iarington. as Instrument Number ,in favour of The Corporation of the Municipality n Continued an Schedule❑ (9)This Document relates to Inatrumsht number(s) Char a No.886504 and Site Plan A reement No. (I m perty(leai (Set out Status or Interest) Name(e) Sl9n•lwa(a) Date of Telure t y I ,0 .................................... PSri................................................_.-......_....._..�..�RA�..1 4�....... Nsmc: i x�t�t: �1..-..........i.. ..j.. ................... .........�......................................................... I ) � ... _._.._...---•............................................................................................... 1s r....,..........-........._..-••—.............. i 2002J 05 Name: -.............-_ -_..._......t..._..... ... Title Hrl Aeor•.. rorS•Me• 3140 Dufferin Street at Apex Road,Toronto,Ontario M6A 2TI (12)Parly(les) (Bet out Status Or tnhreal) Norne(s) Slgnalure(e) Oats of Slynature TR .CORPORA7T ON OF THF .....................- „ . ..__..._ ............. _...................................................-....]T'.......y.......- ............................................... .. .............. ...................... ............ iE i.0...._-..f�_.D... ...... 1 f � I ('al r°s;rl,. 40 Temperance Street,Haw.nanville,Ontario LIC 3A6 (141)MunlClpal Address of Property (13)OoaumerK Prepared by: J Fees and Tan Feather M:Pieken Registration Fee LAWRENCE,LAWRENCE, Not Assigned STEVENSON LLP 43 Queen Street Wcst Brampton,Ontario i..6X 1L9 Total Dow. +��p..+n uYnpTh�Gnwwnov AUG 21 22^002 11 : 12 FR ROBINS APPLEBY TRUB41S 868 0306 TO 609#0200463#1905 P . 27i34 if li:J.l �cneau�e L" • IY DUI�4-01�I ' Onlxrls Form 6+-Land Rayta(ratlen ROOM Act Page 2 Addtrlenal Property Identlflerfe)andlor other Infomwtlon Legal Description(continued) Fifthly: Part of Parcel 32-4, Section Con. 1 (Clarke), being Part of Lot 3,Broken Front Concession Municipality of Claring on,Regional Municipality of Durham(formerly Township of Darlington,County of Durham),designated as Parts 1 and 2 on Plan IOR-1973. SUBJECT TO an casement in favour of Ontario Hydro over Parts 1 and 2 on Plan l OR-1973 as in 2829. BEING ALL OF THE PIN: L e•nun•nl CnP•r.d u.b0 rll.t.....r.-rw