Loading...
BYLAW - Hydro Transfer - 20001003 4220L - 20001003THE CORPORATION OF THE TOWN OF AURORA By-law Number 4220-00.L BEING A BY-LAW to transfer the employees, assets, liabilities, rights and obligations of the Aurora Hydro Electric Commission and of the Corporation of the Town of Aurora in respect of the distribution and retailing of electricity to a corporation and its subsidiary corporation to be incorporated under the Business Corporations Act (Ontario) pursuant to Section 142 of the Electricity Act, 1998 (Ontario). WHEREAS the Corporation of the Town of Aurora (the "Town") distributes and retails electricity through the Aurora Hydro-Electric Commission (the "Commission"); AND WHEREAS the Corporation of the Town of Aurora authorizes Borealis Hydro Electric Holdings Inc. and its subsidiary Aurora Hydro Connections Limited (collectively the "Corporations"), to be incorporated under the Business Corporations Act (Ontario) pursuant to Subsection 142(1) of the Electricity Act, 1998 (Ontario) and Sections 71 and 73 of the Ontario Energy Board Act, 1998, (Ontario); AND WHEREAS Pursuant to Subsection 145(1) of the Electricity Act the Corporation of the Town of Aurora may make by-laws transferring employees, assets, liabilities, rights, and obligations of the Town or of a commission or other body through which the Town generates, transmits, distributes or retails electricity, to a corporation incorporated under the Business Corporations Act (Ontario) pursuant to Section 142 of the Electricity Act; AND WHEREAS the Corporation of the Town of Aurora wishes to transfer the employees, assets, liabilities, rights and obligations of the Commission and of the Town relating to the distribution and retailing of electricity to the Corporations on and subject to the terms and conditions set forth herein; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: ARTICLE 1 -INTERPRETATION 1.1 Definitions. Whenever used in this By-law, unless the context otherwise requires, the capitalized words and terms set out in Schedule "A" hereto have the respective meanings ascribed to them in Schedule "A". 1.2 Binding Effect. As provided in Section 145 of the Electricity Act, this By-law is binding on the Town, the Commission, the Corporations and all other Persons, despite any general or special act or any rule oflaw, including any act or rule oflaw which requires notice or registration of transfers and does not require the consent of the Town, the Commission, the Corporations or any other Person. Section 161 of the Electricity Act provides that Part XI of the Electricity Act, which includes Section 145, applies despite the Public Utilities Act (Ontario) and despite any other general or special act. The Corporations may register such documents, instruments and agreements, including, without limitation, certified copies of this By-law, as may be necessary or desirable in order to evidence or confirm such transfers. 1.3 Applicable Law. This By-law and all documents, instruments, agreements and transfers contemplated hereby shall be construed and enforced in accordance with the laws of the Province ofOntario. · 1.4 Extended Meanings. In this By-law, words importing the singular number only include the plural and vice versa, and words importing gender shall include all genders. - 2 - 1.5 Successors and Assigns. This By-law shall enure to the benefit of and shall be binding on and enforceable by the Town, the Conunission, the Corporations and their respective successors and assigns. 1.6 Severability, If any section of this By-law or part thereof is invalid or ultra vires the Town, such section or part shall not affect the remaining sections or parts of this By-law. 1. 7 Schedules. The following Schedules attached to this By-law are an integral part of this By-law to the same extent as if they had been set forth herein: Schedule "A" Schedule "B" Schedule "B-1" Schedule "B-2" Schedule "B-3 Schedule "C" Schedule "D" Schedule "E" Schedule "F" Schedule "G" Definitions Distribution Assets Distribution Assets -Lands Distribution Assets -Easements Distribution Assets -Agreements Distribution Liabilities Holding Company Assets Excluded Assets Excluded Liabilities Transferred Employees ARTICLE 2 -INCORPORATION 2.1 Authorization. The incorporation of Borealis Hydro Electric Holdings Inc. and of the Subsidiary under the OBCA is hereby authorized pursuant to Section 142(1) of the Electricity Act and Sections 71 and 73 of the OEB Act for the purpose of continuing the distribution and retailing of electricity and associated business activities of the Conunission and the Town is hereby ratified. The incorporation of additional Subsidiaries to carry on any of the foregoing activities as may be deemed to be necessary by the board of directors ofHoldCo from time to time is also hereby authorized. ARTICLE 3 -TRANSFERS 3.1 Transfer of All Assets and Assumed Liabilities. As of the Effective Date, the Town hereby sells, assigns and transfers all the assets, obligations, rights and liabilities of the Conunission and of the Town relating to the distribution, transmission or retailing of electricity to the Corporations in accordance with this By-law. 3.2 Effective Time of Transfer. The transfer of the Assets and Assumed Liabilities pursuant to this By-law shall be deemed to take effect as of the opening of business on the Effective Date, notwithstanding the date of receipt of any approvals referred to in Section 5.01, the actual date of the issuance of any consideration therefor or the date of enactment of this By-law. 3.3 Transfer of Holding Company Assets and Holding Company Liabilities. As ofthe Effective Date, all of the Holding Company Assets and Holding Company Liabilities are hereby transferred to and assumed by HoldCo. 3.4 Transfer of Distribution Assets and Distribution Liabilities. As ofthe Effective Date, all of the Distribution Assets and Distribution Liabilities are hereby transferred to and assumed by WiresCo. The transfer of the Distribution Assets includes a transfer of the Easements by the Town to WiresCo. The transfer of the Easements is subject to the reservation by the Town of an interest in the Easements which will permit the Town to continue to, without charge, use and enjoy the Easements in accordance with the terms thereof. 3.5 Excluded Assets and Excluded Liabilities. The transfer of the Assets and the Assumed Liabilities pursuant to this By-law shall not include the Excluded Assets and Excluded Liabilities, which shall remain the assets and liabilities of the Town in its capacity as legal or beneficial owner as the case may be. 3.6 Transfer of Employees, Employee Agreements and Employee Plans. On the Effective Date: - 3 - (1) all of the Employees listed in Schedule "G" are transferred to WiresCo; and (2) all of the Employee Agreements, Employee Plans and Assumed Liabilities related to the Employees, former Employees and their beneficiaries are transferred to WiresCo. 3.7 Employees. As and from the Effective Date, WiresCo shall employ, in accordance with Sections 145 and 147 of the Electricity Act, the Employees on terms and conditions which are substantially the same as those upon which such Employees are employed by the Commission immediately prior to the Effective Date, and without limiting the generality of the foregoing, shall be bound by, assume, pay, satisfy, discharge, observe, perform and fulfill all of the Commission's obligations under the Employee Agreements and Employee Plans in the place and stead of the Commission to the same extent and with the same effect as if it were an original party thereto. The Employees transferred in accordance with Section 3.07 shall cease to be employees of the Commission from and including the Effective Date and shall thereupon be employees ofWiresCo as set out in Section 3.07. 3.8 Transfer and Delivery of Assets. Each of the Town and the Commission shall execute and deliver to the Corporations, as applicable, in form suitable for registration, recording and filing with such public authorities as may be reasonably required, all such bills of sale, assigrnnents, instruments of transfer, assurances, consents and other documents as shall be necessary to effectively record the transfer to the Corporations, as applicable, of all the Town=s and the Commission=s right, title and interest in, to and under, or in respect of, the Assets and the Assumed Liabilities and the Corporations shall execute and deliver to the Town and the Commission an assumption agreement in respect of the Assets and Assumed liabilities in a form acceptable to the Town. 3.9 Non-Assignable Assets. Notwithstanding any other provision hereof, if, notwithstanding Subsections 145(3) and (5) of the Electricity Act, any of the Assets shall not be assignable, or shall only be assignable with the consent or approval of any other third party, the Town and/or the Commission shall: (1) use all reasonable efforts in co-operation with but at the cost of the Transferee to secure the consent required in connection with the assigrnnent thereof; and (2) pending the effective transfer thereof, hold all rights or entitlements that the Town or Commission has thereto, in trust, for the exclusive benefit of the Transferee, provided that the Transferee shall pay, perform and discharge all obligations arising or accruing with respect thereto during such period and shall indemnify the Town and the Commission for such obligations. In the event that a transfer of certain Assets cannot be effected within one (1) year ofthe Effective Date, the Purchase Price payable for the Assets shall be adjusted accordingly. 3.10 Subsequent Transfers. Any of the Assets, Employees and Assumed Liabilities transferred under this By-law may, from time to time, subsequent to the Effective Date, be transferred to HoldCo or any Subsidiary, as may be permitted by the Electricity Act, at such time, on such terms and for such consideration as the directors of the transferring corporation may determine, and any such subsequent transfer shall be made pursuant to the authority granted by this By-law and shall take effect in the sequence and at such times as so determined by the directors of the transferring corporation. 3.11 Costs. All costs and expenses incurred or to be incurred by the Town or by the Commission and all taxes incurred or payable in connection with the transfer of the Assets shall be borne by the Town and the Commission respectively. ARTICLE 4 -PURCHASE PRICE 4.1 Purchase Price. The Purchase Price payable by the Corporations for the Assets shall be equal to the fair market value of the Assets as of the Effective Date. The Purchase Price shall be adjusted to reflect any changes in value from the date of this By-Law until the Effective Date. - 4 - 4.2 Satisfaction of Purchase Price for the Holding Company Assets. In full payment and satisfaction of the Purchase Price for the Holding Company Assets, HoldCo shall: (1) be bound by, assume, pay, satisfy, discharge, observe, perform and fulfil the Holding Company Liabilities; and (2) as to the balance of the Purchase Price for the Holding Company Assets: allot and issue to the Town as fully paid and non-assessable 1,000 common shares. 4.3 Satisfaction of Purchase Price for the Distribution Assets. In full payment and satisfaction of the Purchase Price for the Distribution Assets, WiresCo shall: (1) be bound by, assume, pay, satisfy, discharge, observe, perform and fulfil the Distribution Liabilities; (2) as to the balance; (a) as to the balance of the Purchase Price for the Distribution Assets: allot and issue to the Town as fully paid and non-assessable 1,000 common shares. 4.4 Adjustment of Purchase Price. The Town intends that the Assets shall be transferred at their fair market value as at the Effective Date and the Purchase Price may be adjusted as a result of any audit or valuation conducted after the Effective Date with respect to the Assets and Assumed liabilities as at the Effective Date. 4.5 Manner of Effecting Adjustments. The adjustments to the Purchase Price contemplated by Section 4.4 may be effected as determined by the Treasurer of the Town, in consultation with the Corporations. 4.6 Allocation of Purchase Price. The Purchase Price shall be allocated among the Distribution Assets and the Holding Company Assets as determined by the Treasurer of the Town in consultation with the Corporations. 4.7 Transfer of Shares. All of the common shares ofWiresCo issued to the Town pursuant to Section 4.3 of this By-law (the "Transferred Shares") may be transferred to HoldCo by the Town as of the Effective Date, or any time thereafter, in·consideration for which HoldCo may allot and issue to the Town as fully paid and non-assessable 1,000 common shares. 4.8 Assumption of Liabilities. Each of the Corporations shall be bound by, assume, pay, satisfy, discharge, observe, perform and fulfil, and indemnify and save harmless the Town and the Commission from and against the Assumed Liabilities assumed by it. The transfer of the Assumed Liabilities under Part XI of the Electricity Act and this By-law releases the Town and the Commission from any liability or obligation in connection with the Assumed Liabilities pursuant to Section 153 of the Electricity Act. ARTICLE 5-GENERAL MATTERS 5.1 Regulatory Approvals. The transfer of any of the Assets or of the Transferred Shares. which are issued and outstanding shares ofWiresCo pursuant to this By-law as of the Effective Date shall be subject to obtaining such regulatory approvals as may be required by law, if any, including, without limitation, any approval of the OEB pursuant to the OEB Act, which approvals may be sought by the Town, the Commission, HoldCo or the appropriate Corportion and following the receipt of any such approval the transfer shall be completed with effect as of the Effective Date pursuant to this By-law. 5.2 Land Transfer Tax and Retail Sales Tax. Pursuant to Section 159 of the Electricity Act, the transactions contemplated by this By-law are exempt from Ontario land transfer tax pursuant to the Land Transfer Tax Act (Ontario) and retail sales tax pursuant to the Retail Sales Tax (Ontario) - 5 - 5.3 Bulk Sales Compliance. The transactions contemplated by this By-law are exempt from the provisions of the Bulk Sales Act (Ontario) pursuant to Section 159 of the Electricity Act. 5.4 Goods and Services Tax. The transfers of Assets pursuant to this By-law will constitute the transfers of all or substantially all of the Assets necessary for the Transferee to carry on the business transferred to it. The Town and each Transferee, being registered pursuant to the Excise Tax Act (Canada) with respect to goods and services tax, shall sign the election provided for in Section 167 of the Excise Tax Act (Canada) and the Transferee shall file the election in accordance with that Section 167 of the Excise Tax Act (Canada) so that the transfers are exempt from goods and services tax. 5.5 Further Assurances. Each of the Town and the Commission shall promptly and duly execute and deliver such further documents and promptly take such further action not inconsistent with the terms hereof as may from time to time be reasonably required to more effectively carry out the intent and purpose of this By-law or to perfect and protect the interests ofHoldCo and its Subsidiary in the Assets. The Mayor and the Clerk are hereby authorized and directed, for and on behalf of the Town, to do all acts and things and execute and deliver such other documents, instruments, agreements and transfers as may be reasonably necessary or desirable to give effect to the provisions of this By-law. 5.6 Amendment of By-law. In the event of any omission or error made in connection with the passage of this By-law, including, without limitation, the unintended transfer or failure to transfer any assets or liabilities of the Commission and/or the Town, the Town may amend this By-law in accordance with the procedures applicable to amend a by-law of the Town. READ A FIRST AND SECOND TIME THIS 3'd DAY OF OCTOBER, 2000. READ A THIRD TIME AND FINALLY PASSED THIS 3'd DAY OF OCTOBER, 2000. T. SCHEDULE "A" TO BY -LAW NO. 4220-00.L OF THE TOWN OF AURORA DEFINITIONS Whenever used in this By-law, unless the context otherwise requires, the following words and terms shall have the respective meanings ascribed to them below: (a) "Assets" means all of the Distribution Assets and Holding Company Assets; (b) "Assumed Liabilities" means all of the Distribution Liabilities and Holding Company Liabilities; (c) "By-law" means this By-law No. 4220-00.L, all schedules and all documents, instruments, agreements and transfers supplemental hereto or in amendment or confirmation hereof; (d) "Commission" shall have the meaning set out in the recitals hereto; (e) "Corporations" shall have the meaning set out in the recitals hereto; (f) "Distribution Assets" means all assets, interests, property, rights and undertaking, including Easements, registered or unregistered, secured or unsecured, other than the Excluded Assets, Services Assets and the Holding Company Assets of the Commission and of the Town held or used by either of them as at the Effective Date which relate to or have been used in connection with the transmission and distribution of electricity including, without limitation, the distribution system of the Commission including, without limitation, the assets listed in Schedule "B", "B-1", "B-2" and "B-3" hereto; (g) "Distribution Liabilities" means, except for the Retail Liabilities, Holding Company Liabilities and Excluded Liabilities, all of the debts, liabilities and obligations of the Commission incurred or assumed as at the Effective Date and all of the debts, liabilities and obligations of the Town related to, incurred or assumed by the Town as at the Effective Date in connection with the transmission and distribution of electricity, the distribution system of the Commission and the Distribution Assets including, without limitation, all enviromnental, reclamation and decommissioning liabilities of the Commission and the Town, including any latent enviromnental, reclamation and decommissioning liabilities with respect to the Excluded Assets as may be discovered after the Effective Date, and the liabilities listed in Schedule "D" hereto; (h) "Easements" means all easements and rights-of-way, registered and unregistered, all municipal road allowances, and all permits, licences and permissions received, used or enjoyed by the Commission or by the Transferee in connection with distribution and retailing of electricity and associated business activities of the Commission; - 2 - (i) "Effective Date" means November 1, 2000; (j) "Electricity Act" means the Electricity Act, 1998 (Ontario) and all regulations thereunder; (k) "Employees" means all full-time and part-time, union and non-union, employees and officers of the Commission (including all trainees and probationary employees) as at the Effective Date as listed in Schedule "G"; (1) "Employee Agreements" means all contracts, agreements, and commitments written or oral, in respect of Employees as at the Effective Date to which the Commission is a party or by which it is bound, including, without limitation, (i) all collective agreements; and (ii) all contracts of employment; (m) "Employee Plans" means all pension plans, participation in the Ontario Municipal Employees Retirement System (OMERS), all retirement arrangements and plans relating to Employees and former Employees of the Commission and their beneficiaries, and employee benefit plans, bonus or incentive plans, employee medical insurance and disability plans and savings plans relating to Employees and former Employees of the Commission and their beneficiaries; (n) "Excluded Assets" means those assets of the Commission or of the Town described in Schedule "E" hereto; (o) "Excluded Liabilities" means those liabilities of the Commission or of the Town described in Schedule "F" hereto; (p) "HoldCo" means Borealis Hydro Electric Holdings Inc.; (q) "Holding Company Assets" means those assets of the Commission or of the Town listed in Schedule "D" hereto; (r) "Holding Company Liabilities" means those liabilities, debts and obligations of the Commission and the Town, if any, relating to the Holding Company Assets; (s) "OBCA" means the Business Corporations Act (Ontario) and all regulations thereunder; (t) "OEB" means the Ontario Energy Board; -3 - (u) "OEB Act" means the Ontario Energy Board Act, 1998 (Ontario) and all regulations thereunder; (v) "Person" means any individual, corporation, partnership, trust, unincorporated association or joint venture; (w) "Purchase Price" means the amounts payable for the Assets as set out in Article IV; (x) "Subsidiary" means a subsidiary as defined in the OBCA, and includes Aurora Hydro Connections Limited; (y) "Town" has the meaning set out in the recitals hereto; (z) "Transferred Shares" means the common shares of Aurora Hydro Connections Limited referred to in Section 4.7; ( aa) "Transferee" means, with respect to any particular Asset, Employee or Assumed Liability, the Corporation which has received the transfer of such Asset, Employee or Assumed Liability pursuant to this By-law; and (bb) "WiresCo" means Aurora Hydro Connections Limited. SCHEDULE"B" TO BY -LAW NO. 4220-00.L OF THE TOWN OF AURORA DISTRIBUTION ASSETS (a) Real Property lnterests: except as specified in Schedules "D" and "E", all the real property interests of the Commission and the Town relating to the distribution of electricity held in the following: all lands, premises, freehold and leasehold property, interests, Easements, licences, and rights to use or occupy real property whether registered or unregistered, liens, mortgages, charges, agreements, notice of agreements, debentures and security interests which create an interest in land and all other rights or interests therein, and fixtures thereon, including, without limitation, the lands, Easements and rights described on the attached Schedules "B-1", "B-2" and "B-3"; (b) Plant, Building, Fixtures: except as specified in Schedules "D" and "E", all plant, buildings, structures, erections, improvements, appurtenances and fixtures (including fixed machinery and fixed equipment), substations, transformers, vaults, distribution lines, conduits, ducts, pipes, wires, rods, cables, and other apparatus, devices, appliances and equipment, materials, works, poles, pipelines and fittings, all meters, wherever situate including, without limitation, situate on any of the lands, premises, leaseholds, easements, rights of way or interests whether registered or unregistered described in (i) above or forming part thereof or otherwise, or located on property owned by the Commission, or the Town, private property or public property; (c) Machinery and Equipment: except as specified in Schedules "D" and "E", all machinery and equipment, all goods and chattels and other personal property, tools, handling equipment, furniture, furnishings and accessories relating to the distribution of electricity and the distribution system ofthe Commission; (d) Vehicles: all cars, trucks, trailers and other related equipment of the Commission; (e) Accounts Receivable: all accounts receivable of the Commission relating to the distribution of electricity including, without limitation, all customer and trade accounts, notes receivable, book debts and other debts due or accruing to the Commission and the benefit of all security and security deposits for such accounts and debts. (f) Cash and Short Term lnvestments: except as provided in Schedules "D" and "E" all cash on hand and in bank accounts or other depositories and other investments or securities held by the Commission as of the Effective Date; (g) Reserves: the portion of any reserve fund established under Section 33 of the Development Charges Act, 1997 and referred to in Section 63 of the Development Changes Act, 1997 that relates to development charges collected in respect of electrical power services as follows; -2- (h) Contracts, Rights: except as specified in Schedules "D" and "E", the full benefit of all franchise, licence or management agreements and all other contracts, commitments, rights, choses in action, benefits, arrangements, understandings, and agreements, written or oral, relating to the distribution of electricity by the Commission and the Distribution Assets to which the Town or the Commission is a party or otherwise including, without limitation the following: (i) all written or oral contracts, agreements, commitments, undertakings, rights and arrangements; (ii) all forward commitments to the Commission for supplies or materials entered into in the usual and ordinary course of business whether or not there are any written contracts with respect thereto; and (iii) all letters of credit held by the Commission; (i) Inventories: all inventory and supplies relating to the distribution of electricity and the distribution system of the Commission; (j) Goodwill: except as specified in Schedule "E", the goodwill of the Commission including, without limiting the generality of the foregoing: (i) the exclusive right to represent itself as carrying on any business in continuation of and in succession to the Commission and the right to use any words indicating that its business is so carried on; and (ii) all records of sales, customer lists, customer data and supplier lists of or used by the Commission; (k) Intellectual Propertv: except as specified in Schedule "E", all of the rights, title, benefit and interest of the Commission in and to all registered trade marks, trade names, brand names, patents and copyrights, all unregistered trade marks, trade names and copyrights and all patent applications, both domestic and foreign, owned or made by the Commission; (1) Licences and Permits: except as specified in Schedule "E", the full benefit of all licences, registrations, permits, consents, quotas, approvals, certificates, and other authorizations including, without limitation, the following: -3- Transition Distribution Licence issued to the Aurora Hydro-Electric Commission by the Ontario Energy Board effective for the period from April1, 1999 to April1, 2001 (m) Know How: except as specified in Schedule "E", all patterns, plans, designs, research data, copyrights, trade secrets and other proprietary know-how, processes, drawings, technology, unpatented blueprints, flow-sheets, equipment and parts lists and descriptions and related instructions, manuals, data, records and procedures relating to the distribution of electricity by the Commission and any and all data owned or used by the Commission, and all licences, agreements and other contracts and commitments relating to any of the foregoing; (n) Prepaid Expenses: except as specified in Schedule "E", all pre-paid expenses and deposits relating to the distribution of electricity by the Commission the benefit of which will accrue to WiresCo; (o) Warranties: except as specified in Schedule "E", the full benefit of all warranties and warranty rights (implied, express or otherwise) against manufacturers, suppliers or sellers which apply to any of the Distribution Assets and the net realizable value of any warranty claims relating to the Distribution Assets outstanding as of the Effective Date; (p) Insurance Policies: the full benefit of all policies of insurance of the Commission relating to the Distribution Assets; ( q) Records: all personnel records, inspection records and all other records, books, documents and data bases relating to Distribution Employees, the Distribution Liabilities, or the Distribution Assets as are in the possession or under the control of the Commission; and (r) Computer Hardware and Software: except as specified in Schedule "E", all computer hardware and software, including, without limitation, all computer monitoring equipment and all rights under licences and other agreements or instruments relating to the distribution of electricity by the Commission. ...w-~---"-~",,-~~~· ~~-~-· . -~·---~~-~,,~-~.~~--'·~""-·--~--~··----'-"---~-~·""""~-~------··------.. ·--'--·-·~_,_,_, ____ ~------~---·--~·~ SCHEDULE "B-1" TO BY-LAW 4220-00.L OF THE TOWN OF AURORA DISTRIBUTION ASSETS -LANDS Lands: Location Legal Description Legal Interest MS #1, Municipal Sub-Pt ofL 159, Reg Pl246, Fee Simple Station, Edward St designated as Pt 1 on PI of SurveyRS.71, Pt ofL 158, Reg PI 246, designated as Pt 4 on PI of Survey RS.71, in the Town of Aurora, in the Regional Municipality of York. MS #2, Municipal Sub-Pt L 84, Con 1, being Pt 1 Fee Simple Station, Old Y onge St on Pl65R-2798 of the Town of Aurora, in the Regional Municipality of York. MS #3, Bathurst St N Pt of Parcel Pl-1, Section Fee Simple of Wellington St 65M-2395 being Pt ofL 25 & 26, PI 65M-2395, in the Town of Aurora, in the Regional Municipality of York, designated as Pt 2 & 3, Pl65R-9325, Instrument #LT7324225 (Please note that the subdivision agreement for this Plan indicates that Pt 5 on the Ref PI forms part of the easement for a temporary Turning Circle to be transferred to the Town) MS #4, Bathurst St S Pt ofParcel Pl-1, in the Fee Simple (N of Bloomington Sdrd) Register for Section 65M- 2804 being Blk 100, on PI 65M-2804 in the Town of Aurora, in the Regional Municipality of York, Instrument #Lt698710 (Original description provided as Pt ofL73, Con 1, EYS, designated as Pt 4 on Pl65R-13461 was redefined on the plan of subdivision) MS #5, Bayview Ave N Pt ofParcel PI-I, Section Fee Simple ofHollidge Dr 65M-3074, being blk 4, PI 65M-3074, in the Town of Aurora, in the Regional Municipality of York, Instrument #LT1080931 V~~ """"""cro-~Y~~-•-••»•~"""-••••-•-•U~·~~-·-.-,•-••"~-"~· ~-----~-·-----•"-""""-~•-•"-•-•~-~-· •-•••·~--•-' Vo·-------·--~~---·-~----~~--------· ·- MS #6, Bayview AveS of Parcel 10-1, Section 65M Fee Simple StoneRd 2976 being BllO, 65M- 2976, in the Town of Aurora, in the Regional Municipality ofYork, Instrument #LT1149533 ----------..... .,,~·~~·~~-~·--·-~~---~-~· ~--,-.. ..... "---·----·~-~~~. ----~-·-·---------··-~-~----~--~-~-~~-"~~------------.. -__ ., __________ f .... ~~~------,._, __ ,. • . .,._~-~ SCHEDULE "B-2" TO BY-LAW NO. 4220-00.L OF THE TOWN OF AURORA DISTRIBUTION ASSETS -EASEMENTS Location Legal Description Grantor StJohn's Sdrd W of Pt L 36, Reg Pl65M-2686, Mannington Developments Yonge St 2m x 2m in the Town of Aurora February, 1991 easement (2) StJohn's Sdrd W of Pt L 86, Reg P165M-2685, Mannington Developments Yonge St (2) in the Town of Aurora February, 1991 StJohn's Sdrd & Bayview Pt ofParcell-1 to 25-1, Pt L Beaver Top Investments Beaver Top (3) 1-25, Reg P165M-2873, Ref September, 1991 Pl 65R-15578, Instrument #LT797096, Town of Aurora StJohn's Sdrd W of 193 & 94, Reg Pl65M-2687, Mannington Developments Yonge St 2m x 2m Town of Aurora March 1991 easements (2) StJohn's Sdrd & Bayview Pt L 1-3, Reg Pl65M-2873, Beaver Top Investments Beaver Top (3) Instrument #LT797093, in September, 1991 the Town of Aurora StJohn's Sdrd & Bathurst L 21, 77 & 78, Reg Pl65M-Bajohn Developments St (1) 2781, Town of Aurora October, 1989 Trent St-6.0m wide Pt L 57, Reg Pl65M-3049, Dekkema Gervais Inc easement to service pump RefP165R-18058, September, 1995 station (3) Instrument #1063560, Town of Aurora StJohn's Sdrd Emg Pt ofBlk 168, Reg Pl 65M-Stanjohn Developments Access Stanjon (3) 3069, Instrument November, 1995 #LT1079806, Town of Aurora 253 Earl Stewardt Dr Pt L2, RefP165R-17637, Aurora Hydro Release of lm x 3m Instrument #LT797110, April, 1997 Easement Town of Aurora Pt L 94, Reg Pl65M-2687, Bredalee M. Jenkins 509 StJohn's Sdrd W of RefP165R-15867, September, 1997 Yonge St 2m x 2m easement (2) Instrument #LT1219581, Town of Aurora Hollandview Trail SC-66 Blk 95-Pt Ll, Reg Pl65M-Bayview Business Park Inc 3192, RefP165R-19915, December 5, 1997 3m x 6m easement (3) Instrument #LT1247964, Town of Aurora -------------- '--~~-,-·~~~----·.-~-~~---~~-"'-----~------~·----------<-~~~-~~-·------~--~--~·--·<·~------------·-----~---~---·~--""--'-• -----·----.. -------··--~-----·--.. --------~--·----. Hollandview Trail SC-67 Blk 96 -Pt L 2, Reg PI Bayview Business Park Inc 3m x 6m easement (3) 65M-3192, RefP165R-December 5, 1997 19915, Instrument #LT1247964, Town of Aurora Industrial Pkwy N (8) L Blk 4, 5 & 6, Reg Pl65M-Rev lis Securities Ltd 2718, RefP165R-13156, May9, 1989 Instrument #LT606684, Town of Aurora Closs Square to Moorcrest L 33/82, Pt L 14/15, Reg PI Revlis Securities Ltd Dr 3.0m easement (8) 65M-2376, RefP165R-9108, May 15, 1986 Instrument #LT292814, Town of Aurora Industrial Pkwy N (8) Pt L 84 (Blk4), Con 1, Rev lis Securities Ltd E.Y.S., RefP165R-8416, Instrument #LT292811, May 15, 1986 Town of Aurora Orchard Hts Blvd (7) L 1, 2 & 3, RefP165R-2243, Wimpey Homes Ltd Instrument #LT05757, Town April, 1997 of Aurora McAvoy Rd & Earl Pt L 1, 23 & 25, Reg PI Beavertop Investments Stewart Dr (8) 65M-2873, Instrument Nov, 1995 #LT797096, Town of Whitchurch McMaster Ave (8) Pt L 23, Reg Pl65M-18204, Beavertop Investments RefP165R-15578, December, 1995 Instrument #LT 1077865, Town of Aurora Bayview Ave-MS #5 Pt L 3, RefP165R-18204, Bayview Business Park 3.0m easement N/S (8) Instrument #LT1080917, Town of Aurora January 18, 1996 John West Way SC-61 Pt L 2 & 3, Ref PI 65R-Bayview Business Park Future S/G location 3m x 18227, Instrument 6m(8) LT1081310, Town of Aurora January 22, 1996 John West Way SC-62 Pt Ll, RefP165R-18227, Bayview Business Park Future S/G location 3m x Instrument #L T1 081310, January 22, 1996 6m (8) Town of Aurora John West Way SC-63 Pt L4, RefP165R-18227, Bayview Business Park 3mx 6m (8) Instrument #L T1 081310, January 22, 1996 Town of Aurora Hollidge Boulevard SC-Pt L 4, RefP165R-18229, Bayview Business Park 64 3mx 6m (8) Instrument #LT1080933, January 18, 1996 Town of Aurora -~'-'---~,--,~-"'"~'"'~-~---~--'-·-'--·~--..:..:~ .... -----·"-~"'~-~~-----·-·.,~""---·"·-----·-----·-·~--~~--.. -----··------~~--·-·--··------------··--'·~------------------· John West WayTX 8P-Pt L1 (Blk 116), Ref PI 65R-Bayview Business Park 2128R 3m x 4m easement 18228, Instrument January 18, 1996 (8) #LT1080919, Town of Aurora Bayview A venue Blk L4, Reg P165M-3074, Bayview Business Park Substation MS #5 (8) Instrument #LTl 080931, January 18, 1996 Town of Aurora Bayview A venue ME #5 Pt L 14, RefPI65R-18230, Bayview Business Park 3.0m easement W/S & Instrument #LT1090935, January 18, 1996 SIS (8) Town of Aurora Whispering Pine Trail 4" Southhold Investments Ltd Pt L 26, Reg P165M-2395, x 12 concrete encased RefPI65R-9325, Instrument August 15, 1999 duct bank ( 6) #LT324230, Town of Aurora Kemano Rd S to Aurora Pt L 12, 34-39 & Blk 107, Lakeview Estates (Yonge Aurora) Hts Dr (7) Reg P165M-2338, Ref PI Ltd 65R-8405, Town of Aurora Pt L 31, Reg P1246, Ref PI Granada Investments Ltd Kennedy St W E of 65R-7679, Instrument March, 1985 Murray Dr (12) #LT216932 Kennedy St W E of Granada Investments Ltd Pt L 90, 91, 92, Reg PI October, 1984 Murray Dr (12) M=2035, RefPI65R-6796, Instrument #LT193835, Town of Aurora Wellington St W & Pt L26, Reg P1246, Ref PI Ontario Limited George St (12) 65R-15797, Instrument July, 1992 #LT847781, Town of Aurora Comer Ridge Rd & Bathurst St 1.2m Pt L 12 & 13, Reg P165M-Saccucci Croce easement (11) 2796, RefPI65R-14632, Town of Aurora February, 1991 115 Windham Tr SC-11 Pt L1 ofL42, Reg Pl65M-Mr. & Mrs. Penrose (1) 2380, RefPI65R-9146, July, 1987 Town of Aurora Stone Rd SC-43 (13) Pt Blk L 4, Pt L4, Reg Pl1, Cat-Tail Investments Inc. RefP165R-17287, August 8, 1994 Instrument #LT997472, Town of Aurora Kennedy St W & Dodie L 3 & 5, Pts 2 & 3, Reg PI The Beswick Group Limited St-Kennedy Estates (12) 65M-3265, RefPI65R-September 25, 1998 20680, Instrument #LT1309475, Town of Aurora I -·,;;._.,~'"~·-'~-1·~----·~~---· ~~~~~~-~"'~"'""-;·-~·~,~~~~"~"'"""-' ·-----~~--··--'-·~~--'--'--·----'~--·····-------·~----~--~~-------.--<-·----- Timpson Dr SC-1 0 5m x L77, Pt L 31, Reg Pl65M-Andy Investments Limited 5m easement (11) 2462, RefPI65R-10,154, February 11, 1987 Instrument #LT360746, Town of Aurora Cranberry Lane & L 9, Reg Pl65M-2259, Granada Investments Ltd Trillium Dr (16) Instrument #LT205481, December, 1984 Town of Aurora Englehard Dr to Vandorf L 1-25, Reg PI M-2012, Alliance Building Corporation Ltd Sdrd (18) Town of Aurora January, 1981 Cossar & Stoddart Dr & L 27, 28, 29, 30 & 41, Reg Ontario Housing Corporation Springbum Cres (17) PI M-50, Instrument February, 1979 #LT13866, Town of Aurora Golf Links Dr (17) Pt ofBlk L60, Reg Pl M-Granada Investments Ltd 2034, RefPl 65R-15558, April 24, 1992 Instrument #LT831488, Town of Aurora Golf Links Dr to George Blk L 58 & 59, Reg PI M-Granada Investments Ltd St SC-13 6m wide 2034, RefP165R-4523, June 28, 1997 easement (17) Instrument #LT86270, Town of Aurora 14872 Y onge St -rear lot Blk L 59, Reg Pl M-2034, Granada Investments Ltd primary overhead line Ref PI 65R -10908, July 24, 1989 (17) Instrument #LT601679, Town of Aurora L 7-10, 17-19 & 21-23, Reg Town of Aurora Englehard Dr (18) PI M-2012, Ref PI 65R-August 22, 1983 6284, Instrument #LT138469, Town of Aurora Stone Rd easement for Pt Blk L 94, Pt L 16, Reg Pl York Region District School Board service to James Lloyd 65M-3012, RefP165R-September 27, 1999 Park (18) 21608, Instrument #LT1409584, Town of Aurora Stone Rd SC-46 (18) Pt Blk L87, Pt L 9, Reg Pl York Catholic District School 65M-2978, RefP165R-Board, October 13, 1999 21608, Instrument #LT1413341, Town of Aurora Stone Rd SC-47 (18) Pt Blk L 94, Pt L 23, Reg PI York Region District School Board 65M-3012, RefP165R-October 5, 1999 21608, Instrument #LT1411600, Town of Aurora Englehard Dr N of L 6-17, Reg PI M-2012, Town of Aurora December, 1980 VandorfSdrd (23) Town of Aurora ·-~ . -.. -.. ~·-·--------~--~---·--·--.. -~----.. -~--· _____ , .......... __ ....... ~-. ____ , __ ,, ____ , .. , .. , __ ..... ~--~-------.,....... Industrial Pkwy S, W of L 24-32, Blk 33 & 34, Reg Town of Aurora VandorfSdrd (22) PI M-2012, Town of Aurora December, 1980 McClellan Way, SC-48, Blk I, Reg Pl65M-2802, Coscan Development 3m x 6m easement (21) Instrument LT697727, Town June, 1990 of Aurora McClellan Way, SC-31, Blk 7, Reg Pl65M-2802, Coscan Development 3m x 6m easement (21) Instrument #LT697727, June, 1990 Town of Aurora Bayview Ave & Benville Pt 3 Pt Blk 34, Reg Pl65M-Town of Aurora Cres N (23) 3123, RefPI65R-19050, August 20, 1997 Town of Aurora Bayview Ave & Benville Pt I Pt Blk 35, Reg Pl65M-Town of Aurora Cres N (23) 3123, RefPI65r019046, August 20, 1997 Town of Aurora Bathurst St @ Henderson L 23-28, Reg Pl65M-3219, Aurora Gardens Devel Corp Ltd Dr 2.0m easement (21) RefP165R-20129, March26, 1998 Instrument #LT1263833, Town of Aurora Benville Cres (23) Pt Ll to 41, Reg Pl65M-999556 Ontario Limited 3169, RefPI65R-19676, (Transferred), November 27, 1996 Instrument #LT1229168, Town of Aurora Elderberry Trail (26) L 2, Reg Pl65M-2767, Village Square Trails Inc Town of Aurora July, 1991 Cowie Ct (26) L 4, Reg Pl65M-2767, Village Square Trails Inc Instrument #LT740766, Town of Aurora March, 1991 Cowie Ct (26) L5, Reg Pl65M-2767, Village Square Trails Inc Instrument #LT55365, Town May, 1991 of Aurora Cowie Ct (26) L 6, Reg Pl65M-2767, Village Square Trails Inc Instrument #LT710198, November, 1990 Town of Aurora Elderberry Trail (26) L 7, Reg Pl65M-2767, Village Square Trails Inc Instrument #LT728675, January, 1991 Town of Aurora Dol Terrace (26) L 8, Reg Pl65M-2767, Village Square Trails Inc Instrument #LT722581, December, 1990 Town of Aurora Dol Terrace (26) L 9, Reg PI 65M-2768, Village Square Trails Inc Instrument #LT732803, February, 1991 Town of Aurora ~-.. --.. -''''·''''''''·······"·''·····~-·~···,····-··-··,··~~---~--·-----~~-----·,···············--............ _ ... ~ ...... _____ - Dol Terrace (26) 1 10, Reg Pl65M-2769, Village Square Trails, Inc Instrument #1T711612, November, 1990 Town of Anrora Elderberry Trail (26) 1 14, Reg Pl65M-2767, Village Square Trails Inc Instrument #1T746444, April, 1991 Town of Anrora McRoberts Place (26) 1 15, Reg Pl65M-2767, Village Square Trails Inc Instrument #1T7281 06, January, 1991 Town of Anrora McRoberts Place (26) 121, Reg Pl65M-2767, Village Square Trails Inc Instrument #1T28106, Town January, 1991 of Aurora McRoberts Place (26) 1 22, Reg Pl65M-2767, Village Square Trails Inc. Instrument #1T726097, December, 1990 Town of Anrora 123, Reg PI 65M-2767, Village Square Trails Inc McRoberts Place (26) Instrument #1T746793, April, 1991 Town of Anrora Village Square Trails Inc McRoberts Place (26) 124, Reg Pl65M-2767, December, 1990 Instrument #1T722398, Town of Anrora McRoberts Place (26) Village Square Trails Inc 125, Reg Pl65M-2767, December, 1990 Instrument #1T726334, Town of Anrora Village Square Trails Inc McRoberts Place (26) 126, Reg Pl65M-2767, December, 1990 Instrument #1T722701 Town of Anrora Village Square Trails Inc 1 · Elderberry Trail (26) 1 27, Reg Pl65M-2767, December, 1990 Instrument #1T722404, Town of Anrora Village Square Trails Inc Elderberry Trail (26) 128, Reg Pl65M-2767, December, 1990 Instrument #1T726617, Town of Anrora Elderberry Tr, Cowie Ct, Pt 1 1-28, Reg Pl65M-2767, Village Square Trails Inc McRoberts PI & Dol RefP165R-13826, Town of November 28, 1989 Terrace (26) Aurora Urquhart Ct. (28) 15, Reg Pl65M-2725, G & Building Supply Ltd Instrument #1Tl005106, October, 1994 Town of Anrora Offort Cres (29) Pt 1 1, Reg Pl65M-2725, Dical Investments Ltd RefPI65R-17245, October, 1994 Instrument #1Tl012904, Town of Anrora 0~ ~,~~~---~"~',""-·--·-~"-'--·-··'--···~~-· ·-~-->---~--=--~~-~-=~'-"-"-'~--~-----~----------~-·-·"-·-----, __ ,-__ , --·-· •-------· ·------·-------------····'•"-··'-·"'··'"··--------.. -···· --~ Urquhart Ct (28) Pt L 4, Reg Pl65M-2725, Dical Investments Ltd RefP165R-17245, October, 1994 Instrument #LT1012904, Town of Aurora Urquhart Ct (28) Pt L 7, Reg Pl65M-2725, Dical Investments Ltd Instrument #LT1012904, October, 1994 Town of Aurora Ing Crt (28) Pt L 9, Reg Pl65M-2725, Dical Investments Ltd RefP165R-17245, October, 1994 Instrument #1012904, Town of Aurora 17 Ing Crt (28) Pt L 9, Pt 4, Reg PI 65M-Dical Investments Ltd 2725, RefP165R-21023, Instrument #LT1012904, Town of Aurora Ing Crt (28) Pt 19, Pt 3, Reg Pl65M-Dical Investments Ltd 2725, RefP165R-21023, Instrument #1012904, Town of Aurora Ing Crt (28) Pt L 12, Reg Pl65M-2725, Dical Investments Ltd RefP165R-17245, October, 1994 Instrument #LT1012904, Town of Aurora Offord Cres (28) Pt L 14, Reg Pl65M-2725, Dical Investments Ltd RefP165R-17245, October, 1994 Instrument #LT1012904, Town of Aurora Offord Cres (28) Pt L 21, Reg Pl65M-2725, Dical Investments Ltd RefP165R-17245, October, 1994 Instrument #LT1012904, Town of Aurora Allenvale Dr. SC-36 L 18, 19 & 98, Reg Pl65M-Coscan Development 3m x 6m easement (26) 2804, Ref PI 65R -8192, June, 1990 Instrument #LT697727, Town of Aurora Dawlish Ave SC-35 L 113, Reg Pl65M-2805, Coscan Development 3m x 6m easement (26) Instrument #LT697727, June, 1990 Town of Aurora Offord Cres (28) Pt L 14, Reg Pl65M-2725, Antonella Di Blasi RefP165R-17245, October, 1994 Instrument #LT1012903, Town of Aurora Urquhart Ct (28) Pt L 7 & 8, Reg PI 65M-GuyDi Blasi 2725, RefP165R-17245, October, 1994 Instrument #LT1012905, Town of Aurora ' -,~•="'•~"-~~~~-·--~......:........~~cc .. :...:........~,_.'-.;--~·-'-···---==<.;,,.__=..,.,_-"""""v-'-'"~----··-~-------~~--·•-'-·~~-'--••'·--.-.--;-:~-·-· ·~--~~---·----·--~----·~- Offord Cres (29) Pt L 26, Reg Pl65M-2725, GuyDi Blasi RefPI65R-17245, October, 1994 Instrument #LTl 012906, Town of Anrora Urquhart Ct (28) Pt L 11, Reg Pl65M-2725, Antonella Calamia RefP165R-17245, October, 1994 Instrument #LT1012907, Town of Anrora Ing & Urquhart Ct (28) Pt L 10 & 11, Reg Pl65M-Antonella Clamia 2725, 65R-17245, October, 1994 Instrument #L T1 012908, Town of Anrora Urquhart & Ing Ct (28) Pt L 8 & 10, Reg P165M-Vita DiBlasi 2725, RefPI65R-17245, October, 1994 Instrument #LT1012909, Town of Anrora Offord Cres (29) Pt L 22, Reg Pl65M-2725, Dical Investments Ltd RefP165R-17245, October, 1994 Instrument #LT1012904, Town of Aurora Offord Cres (29) Pt L 24, Reg Pl65M-2725, Dical Investments Ltd RefPI65R-17245, October, 1994 Instrument #LT1012904, Town of Aurora Offord Cres (28) Pt L 28, Reg Pl65M-2726, Dical Investments Ltd RefPI65R-17245, October, 1995 • Instrument #LT1012905, Town of Aurora Offord Cres (28) Pt L 30, Reg Pl65M-2727, Dical Investments Ltd RefPI65R-17245, October, 1996 Instrument #LT1012906, Town of Anrora Offord Cres (28) Pt L 31, Reg Pl65M-2728, Dical Investments Ltd RefPI65R-17245, October, 1997 Instrument #L T1 012907, Town of Aurora Pt L 32, Reg P165M-2725, Dical Investments Ltd Offord Cres (28) RefPI65R-17245, October, 1994 Instrument #LT1012904, Town of Anrora Offord Cres (29) Pt L 35, Reg Pl65M-2725, Dical Investments Ltd RefP165R-17245, October, 1994 Instrument #LT1012904, Town of Anrora Babock Blvd (29) Pt L 36, Reg PI 65M-2725, Dical Investments Ltd RefP165R-17245, October, 1994 Instrument #LT1012904, Town of Anrora "o> ~~v.<~··~~--"•~-~·~-•....,_-~_,_-.~--.~-_.....,,~,..-,?""=~· ~-~~'"'--------~·-·--·-----'-~·~---'--·-~·•·--•-··--·------•·•"""""""-""-~-.<--O.-"'···-·~---~--• -- Babcock Blvd (29) Pt L 37, Reg Pl65M-2725, Dical Investments Ltd RefP165R-17245, October, 1994 Instrument #LT1012904, Town of Aurora 9 Ing Ct Pt L 10, Reg Pl65M-2725, Kenlock Walters Instrument #LT1053246, June, 1995 Town of Aurora 81 Offord Cres (29) Pt L 19, Reg Pl65M-2725, Vakov Viater Instrument #LT1053183, June, 1995 Town of Aurora 2 Dol Terrace (26) Pt L 11, Reg Pl65M-2767, Simon Ting Y au Lee RefP165R-13826, October, 1997 Instrument #LT1218206, Town of Aurora N of StJohn's Sdrd E of Pt L 86, Con 1, E.Y.S., Ian A. Macintosh Yonge St ( 44kv) (3) Township ofWhitchurch August, 1983 St John's Sdrd Pt ofL 25, Con 2, Town of Emmanuel Convalescent South Down ( 4) Whitchurch Foundation October, 1966 St John's Sdrd E of Y onge Pt ofL 25, Con 2, Instrument Margaret Coltham St (3) #18523, Town of December, 152 Whitchurch E of Leslie St Pt ofL 26, Con 3, Town of Roland S. C. Lundy StJohn's Sdrd (5) Whitchurch July, 1940 StJohn's Sdrd E ofYonge L 86, Con 1, E.Y.S., Town Lilian Hamilton St (3) of Whitchurch March, 1955 St John's Sdrd E of Y onge L 86, Con 1, E.Y.S., Town Raymond Huntley St (3) of Whitchurch March, 1955 StJohn's Sdrd W of Pt ofL 86, Con 1, W.Y.S., John Stifel Yonge St Town of King October, 1979 1.2m&2mx2m easements (2) StJohn's Sdrd & Bathurst Pt ofL 85, Con 1, W.Y.S., George Graham St (1) TownofKing August, 1979 StJohn's Sdrd E ofYonge Pt ofL 85, Con 1, E.Y.S., John Holton St (CN) (3) Reg PI 204, Ref PI 10690, November, 1955 Instrument #27029, Town of Whitchurch S of StJohn's Sdrd Pt ofL 87, Reg Pl246, Ref W. Arthur McElroy E ofYonge St (CN) (3) PI 204-10692, Instrument # February, 1956 16929, Town of Aurora S of StJohn's Sdrd & W Pt ofL 85, Con 1, Ref PI Ontario Hydro of Industrial Pkwy N 65R -18100, Instrument March, 1983 (CN) (3) #311118, Town of Aurora ~-... '---~--~···-~""'""~-~-·-~· ___ ,,.._ •. _.__.:.-.-·""'~-.... ~,_,..,·=-~'""""~• .. \------···--··-~------•·~~-'-•--··--•-•--'··-----~--• ·-· --"'-·-----,-~~'--'w~•--·--·•------'·~-"" Treegrove Circle @ Bathurst St SC-30 5m x 5m easement (1) Willow Farm Lane SC-26 5m x 5m easement(!) Willow Farm Lane SC-25 5m x 5m easement (2) Industrial Pkwy N (8) Pt ofl103, Reg Pl246, Cosensor International Instrument #311118, Town September 1985 of Aurora S of StJohn's Sdrd E of L 88 & 103, Reg Pl246, Eric Cradock Yonge St (CN) (8) Instrument #8974, Town of November, 1956 Aurora S ofSt John's Sdrd E of L 84, Con 1, E.Y.S., Erick Cradock Yonge St (CN) (8) Instrument #9770, Town of May, 1956 Whitchurch S of St John's Sdrd E of L 104 & 105, Reg Pl246, Teddy Petlovany Yonge St (CN) (8) Instrument #10016, Town of January, 1956 Aurora S of StJohn's Sdrd E of L 84, Con 1, E.Y.S., Town George Quantz Yonge St (8) of Whitchurch Octo her, 1960 E of Leslie St (1 0) L 23, Con 3, Town of William Kingdon Whitchurch Feb, 1961 E of Leslie St (10) Pt ofL 22, Con 3, Town of Herbert Oliver Whitchurch January, 1957 Old Y onge St (7) Pt 1 (L 86), Reg PI 246, Ref Maple Leaf Foods Inc . Pl65R-19060, Instrument February 20, 1997 #R696973, Town of Aurora Old Yonge St (7) Pt 4 & 5 (L 86), Reg PI 246, Town of Aurora RefP165R-16846, April 7, 1997 Instrument #R696975, Town of Aurora John West Way SC-60 3mx 6m (8) Attridge Dr SC-19 (8) Bl 211 (Park) Southhold Investments Ltd Aurora Hts Dr SC-8 L20 Lakeview Estates I 6m x 6m easement ( 6) Heathwood Hts Dr SC-I L22 Lakeview Estates 5m x 6m easement (6) Heathwood Hts Dr SC-2 L38 William Garbens 5m x 6m easement (6) August, 1981 Kennedy St W (12) 137, Reg Pl246, RefP165R-May, 1984 3623, Town of Aurora MarySt 3m easement on eastside Wellington -Industry (13) KennedyStW L 79, Con 1, King Township Emerson Bateman E of Bathurst St (11) October, 1938 KennedyStW L 79, Con 1, King Township William Bodfish E of Bathurst St (11) October, 193 8 . W of Bayview Ave (13) Pt ofL 79, Con 1, Town of Ernest V. Ofenheim Whitchurch July, 1960 N of Wellington St E L 81, Con 1, Town of Lulu Amber Schmidt W of Bayview Ave (13) Whitchurch September, 1958 N of Wellington St E Pt ofL 21, Con 2, Town of Stewart Burnett NE of Bayview Ave (14) Whitchurch February, 1961 N of Wellington St E Pt ofL 21, Con 3, Town of John J. Petch E of Leslie St (15) Whitchurch October, 1958 N of Wellington St E Pt ofL 21, Con 3, Town of John J. Petch E of Leslie (15) Whitchurch October, 1961 Northwest corner of L 10, Reg Pl9, Town of Aurora United Church Yonge St & Tyler St (12) Aurora June, 1955 -··-19 Ross St (13) Block A, Reg Pl289, Town Dorothy Dodgson of Aurora November, 1955 3 Ross St (13) L 16 & 17, RegP117, Town Harvey F. Glass of Aurora October, 1955 155 Edward St N of Pt ofL 79, Con 1, E.Y.S., Oak-Hart Manufacturing Cousins Dr (13) Town of Aurora July, 1968 N of Wellington St W Part ofL 81, Con 1, King Wilmot Appleton E of Bathurst St (11) Township October, 1946 Centre St E of Walton Dr L 1, Reg PI 107, Instrument Hazel McFarland (CN) (13) #9733, Town of Aurora February, 1956 19 Ross St (13) Block A, Reg PI 289, Town Dorothy Dodgson of Aurora May, 1955 Mill St & Parkland (12) Pt ofL 81 & 19, Con 1, Reg Town of Aurora PI 9, Town of Aurora September, 1962 50 Wellington St W Pt ofL 6, 7 & 8, Reg Pl246, Town of Aurora Board of Education RefP165R-13015, Town of October, 1989 Building (12) Aurora Industrial Pkwy S (from L 153, Reg Pl246, Town of Charles H. Sheppard Cousins to Sheppards Aurora January, 1956 Lane) (CN) (13) Industrial Pkwy S Go Pt L 1, Reg Pl68, Ref PI Town of Aurora Station (13) 65R-19055, Instrument March, 1997 #R697173, Town of Aurora Duggan Lane (13) PtofL 81,RegP1246,Ref Town of Aurora PI 65R-20290, Instrument July 16, 1998 #R725942, Town of Aurora E ofYonge St & W of Pt ofL 17, 163 & 165, Reg Monreith Developments Inc Gumett St (12) PI 68 & 246, Town of July, 1990 Aurora Temperance St (12) L 17, Pt 1 & 2, Reg PI 9, Ref Bacon Basketware Limited Pl65R-21274, Instrument April 19, 1999 #Part ofR475905, Town of Aurora Stone Rd SC-44 (13) Pt Blk 3, Part 3, Reg PI #1, Cat-Tail Investments Inc Town of Aurora August 8, 1994 Stone Rd SC-45 (13) Pt Blk 3, Pt 1, Reg PI #6, Cat-Tail Investments Inc Town of Aurora August 8, 1994 Kennedy St W & Sisman L 31, Pt 12, Town of Aurora Maple Lane Lands & Development Ave SC-29 Co Ltd 3.5m x 3m easement (11) Hammond Dr L 11 & 12, Reg Pl65M-, Wellington Meadows 1.2ni easement (12) Town of Aurora McDonald Dr @ Kennedy St W SC-12 (11) John West Way SC-40 3m x 6m easement (13) John West Way SC-41 3m x 6m easement (13) Wellington St W 40 acre reserve Pt 2, Reg PI York Region District School Board Aurora H S SC-9 102, RefP165R-10141, October 6, 1987 5m x 5m easement (11) Instrument #451472, Town of Aurora Industrial Pkwy S & Parts 1-22 incl. Wellington Meadows Englehard Dr (18) RegP110328, Town of Town of Aurora Aurora April, 1978 Englehard Dr(18) Pt ofL 55, Reg Pl10328, Aurora Business Park RefP165R-2641, Instrument March, 1989 #239295, Town of Aurora 220 Industrial Pkwy S L 58, Reg P11 0328, David-Paul Holdings Inc (CN) (18) Instrument #239295, Town October, 1987 of Aurora E of Leslie St (20) L 17, Con 3, Town of Lawrence C. Hennessy Whitchurch December 1960 E ofYonge St & N of L 76, con 1, Town of W Rankine Nesbitte V andorf Sdrd (17) Whitchurch September, 1960 S of Dunning Ave & E of L 186, Reg P1246, Town of Walter Wood Edward St (18) Aurora August, 1968 Dunning Ave (95)? (18) Blk A, Reg Pl488, Town of Aurora E of Edward St along CN L 77 & 78, Con I, Town of Tracks ( 18) Aurora Dunning Ave (18) L 184, Reg Pl246, Town of Aurora Fairway, Glenview & L 1-73, Reg Pl579, Murray Dr (17) Instrument #56138B, Town of Aurora Industrial Pkwy S & Pt ofL 77, Con 1, Town of Englehard Dr (18) Whitchurch Industrial Pkwy S & L 77, Con 1, Town of Englehard Dr (18) Whitchurch Industrial Pkwy S & L 77, Con I, Town of Englehard Dr (18) Whitchurch Murray Dr (17) L 77 S Yz, Con 1, Town of Aurora Golf Links Dr L16&17 6m easement (17) Murray Dr SC-14 Blk 101 6m x 8m easement (17) Highland Gate SC-15 Blk 182 6m x 8m easement (16) Y onge St Wietzes Motors Pt L 3, Reg PI I 0328, (17) Instrument #278321, Town of Aurora Industrial Pkwy S L 154 & 185, Reg Pl246, Cousins Farm (CN) (18) Town of Aurora Industrial Pkwy S L 186, Reg Pl246, Town of Y.R. Police (18) Aurora Edward St to Dunning Pts 3 & 6, Reg Pl488, Ref PI Ave 65R-7942, Instrument Parts A & B (18) #R717659, Town of Aurora Y onge St & Vandorf Sdrd Pt ofL 76, Con I, Town of (22) Aurora VandorfSdrd E of Leslie Pt ofL 15, Con 3, Town of St (25) Whitchurch V andorf Sdrd E of Leslie Pt ofL 15, Con 3, Town of St (25) Whitchurch V andorf Sdrd Westview Pt ofL 15, Con 3, Town of Golf Club (25) Whitchurch Alanco (Aurora) Ltd September, 1963 Walter Wood March, 1972 William R Case March, 1956 Golf Glen Terraces Ltd Nov<;Jmber, 1968 Walter Wood June, 1958 Walter Wood July, 1958 Walter Wood September, 1960 Sterling Drug Mfg Ltd July, 1958 Aurora Highlands Aurora Highlands Aurora Highlands Wietzes Motors July, 1983 Alfred Cousins February, 1956 Walter Wood February, 1956 Exa1 Aluminum Inc January 23, 1998 Alliance Building Corporation Ltd May, 1978 Arthur V VanNostrand July, 1959 George A Van Nostrand January, 1959 Westview Golf Club January, 1959 V andorf Sdrd & Y onge St Pt ofL 75, Con 1, Town of Samuel P. Jarvis (22) Whitchurch September, 1960 W ofYonge St (22) Pt ofL 74, Con 1, King EdwinABunn Township September, 1960 Bayview Ave (23) Pt ofL16, Con 2, Town of Harry S. Fry Whitchurch April, 1978 VandorfSdrd (23) Pt ofL 76, con 1, Town of W. Rankin Nesbitt Whitchurch March, 1972 McClellan Way SC-32 Blk 193 3m x 6m easement (21) McClellan Way SC-33 5m x 5m easement (21) Brookview Dr SC-34 Blk 74 3m x 6m easement (21) Pt Ll-12 & 14 Iona Corporation Henderson Dr SC-18 Blk 133, L 98 Tamarac Subdivision 6m x 8m easement (21) Tamarac Tr SC-17 154 Tamarac Subdivision 6m x 8m easement (21) '-·-·' Henderson Dr SC-16 L 55 (Milgate PI) Tamarac Subdivision 6m x 8m easement (22) Bloomington Sdrd & Pt ofL 71, Con 1, Town of Edwin Barlow Bayview Ave (28) Whitchurch May, 1961 S of Bloomington Sdrd Pt ofL 11, Con 2, Town of Henry Tough (29) Whitchurch May, 1969 Bloomington Sdrd (27) Pt ofL 71, Con 1, Town of Blue Hills Academy Aurora February, 1976 Bloomington Sdrd (27) Pt ofL 71, Con 1, Town of Aurora Borealis Inc Aurora February, 1976 Bloomington Sdrd & Pt ofL 17 N Yz, Reg Pll66, Faye Harper Y onge St (27) Town of Whitchurch February, 1970 Carlyle Cres L 18 & 19 5m easement from MS #4 (26) Bathurst St MS #4 (26) Pt 4, Pt L 73, Con 1, Ref PI Coscan & Landford 65R-13461, Town of Aurora July 7, 1989 Town of Aurora Old Bloomington Rd (28) L 70 & 71, Pt 1-5, Con 1, (Partial Closure) RefP165R-20514, October 20, 1998 Instrument #R731702, Town of Aurora 17 Offord Cres (29) L3Pt1&2 SCHEDULE "B-3" TO BY-LAW NO. 4220-00.L OF THE TOWN OF AURORA DISTRIBUTION ASSETS -AGREEMENTS Agreements: • Collective Agreement between Aurora Hydro-Electric Commission and Local Union No. 636 of the International Brotherhood of Electrical Workers. Term: May I, 1999 to April30, 2001 • Power Aggregation Agreement between Aurora Hydro-Electric Connnission and Markham Hydro Electric Connnission dated February 1, 1999 • Suspension Agreement between Aurora Hydro-Electric Connnission and Ontario Hydro dated February 1, 1999 • Joint Use Pole Agreement between Aurora Hydro-Electric Connnission and Aurora Cable TV • Joint Use Pole Agreement between Aurora Hydro-Electric Connnission and Bell Canada • Joint Use Pole Agreement between Aurora Hydro-Electric Commission and Hydro One Inc. • Employment Agreement between Aurora Hydro-Electric Commission and John L. Sanderson dated September 14, 2000 SCHEDULE"C" TO BY -LAW NO. 4220-00.L OF THE TOWN OF AURORA DISTRIBUTION LIABILITIES (a) Accounts Payable and Accrued Charges: all charges due third parties due to operating an electrical distribution business by the Commission and these amounts include, without limiting the generality of the foregoing: General invoices for goods and services received in the normal course of business Contractor holdbacks Cost of electrical energy Amounts collected on behalf of others All related payroll costs and charges Amounts due various levels and departments of government Amounts prepaid by consumers against future billings (b) Deposits: all liabilities for cash and related interest held, letters of credit, bonds, debentures, and financial instruments being held as collateral against the future payment of accounts for energy billings and construction work; (c) Debentures: all obligations of the Commission as at the Effective Date with respect to the payment of interest and principal pursuant to the terms of any outstanding debentures issued by the City or other government body; and (d) General: all liabilities described in the financial statements, books and records of the Commission relating to the distribution of electricity and the distribution system of the Commission. SCHEDULE"D" TO BY -LAW NO. 4220-00.L OF THE TOWN OF AURORA HOLDING COMPANY ASSETS (a) Cash and Short Term Investments: $2,827,000; SCHEDULE "E" TO BY -LAW NO. 4220-00.L OF THE TOWN OF AURORA EXCLUDED ASSETS Properties to be retained in ownership of the Town: Property #1: Address: Property Description: Property #2: Address: Property Description: 215 Industrial Parkway South, Aurora Part ofParcell85-l, Section C-246, being Part of Lots 185 and 187, Plan 246 and Lot 78, Concession 1, Town of Aurora, Regional Municipality of York being Parts 2 and 3, Plan 65R- 9435. Not assigned Northeast comer of Bloomington Sideroad and Yonge Street, Aurora Part Lot 20, Plan 166, Part 1 on Reference Plan 65R-12012, Town of Aurora, Regional Municipality of York, designated as Part 1, Department of Highways Plan P-1900-77. Subject to an easement in favour of the Consumers Gas Company Ltd. as set out in Instrument #489903. Vehicles to be retained in ownership of the Town: Vehicle #1: One 1988 Chevrolet Diesel Bucket Truck equipt with a 50 foot TECO double buck aerial device, VlN#lGBP7DlY9V100369 SCHEDULE "F" TO BY-LAW NO. 4220-00.L OF THE TOWN OF AURORA EXCLUDED LIABILITIES NONE SCHEDULE "G" TO BY -LAW NO. 4220-00.L OF THE TOWN OF AURORA TRANSFERRED EMPLOYEES Employee Name Position Empl. Date 1. Marlene Strange Billing Supervisor 80/04/14 2. Ron Barraclough Utility Man 84/12/03 3. Don Aldridge Storeskeeper 87/11/23 4. Ed Donnelly Linesman 88/05/09 5. Blair Ellis Linesman 88/05/16 6. Dan Barraclough Linesman 88/05/24 7. John Sanderson General Manager & Sect'y 89/05/29 8. Nancy Vokes Billing/ Accounting Clerk 89/06/26 9. Don Home Lines superintendent 89/09/05 10. Sharon Jamieson Treasurer 90/06/04 11. Laurie Plunkett Billing/ Accounting Clerk 90/07/16 12. Conchita Ellis Management Secretary 90/08/07 13. Bev Kelley Billing/ Accounting Clerk 90/12/06 14. Dan Davidson Inspector/Locates Person 91/02111 15. Don Abercrombie Lines Foreman 91/02/11 16. Heather Lawson-Fletcher Accounting/Billing Clerk 91/09/09 17. Steve Cranley Engineering Technologist 92/01/06 ·' ,.-18. Mark Brown Linesman 92/08/10 ' 19. Dave McCurdy Meterman 95/10/02 20. Cheryl Van Groote! Billing/ Accounting Clerk 97/09/22 21. Brenda Yorke Clerk/Typist 97/10/20 22. Barb Hewitson Billing/ Accounting Clerk 99/01104 23. Dwight Inkpen Linesmen 99/02/08 24. Tracee Charity Switchboard/Receptionist 99/06/28 25. John Pelletier Accounting/Billing Clerk 99/09/07 26. Larry MacDonald Linesman 00/03/13