HomeMy WebLinkAboutPSD-075-05
Cl!JlmglDn
REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Date:
Monday, June 13, 2005
Report #:
PSD-075-05
File #: ZBA 2004-022
By-law #: C - I'S I ,~- 0 ~
Subject:
REZONING APPLICATION TO PERMIT AN EXPANSION TO THE EXISTING
MEDICAL CLINIC AND LANDS
PROPONENTS: BOWMANVILLE PROFESSIONAL BUILDING INC.
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-075-04 be received;
2. THAT Council authorize the Mayor and the Municipal Clerk on behalf of the Municipality of
Clarington to execute the agreement between, Sabina Investments Inc and Ankara Realty
Limited and Bowmanville Professional Building Inc. as contained in Attachment 2 to this report;
3. THAT the modification to the Zoning By-Law Amendment application to include the deletion of
one loading space be deemed minor and not requiring further public notice;
4. THAT the Zoning By-law Amendment contained in Attachment 3 to permit an expansion of the
Bowmanville Professional Building be APPROVED and the By-law be passed when Council is
advised that the agreement referred to in Recommendation 2 has been executed by the parties
other than the Municipality; and
5. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by:
Reviewed by:
r In Wu,
ief Administrative Officer
Davi . Crome, M.C.I.P., R.P.P.
Director of Planning Services
4f:(~,
Anthony Cannella, C.E.T.
Director of Engineering Services
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CP/DJC/df
8 June 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-075-05
PAGE 2
1.0 APPLICATION DETAILS
1.1
Proponents:
Bowmanville Professional Building Inc.
1.2
Owner:
Bowmanville Professional Building Inc., and Sabina Investments
I nc and Ankara Realty Limited
1.3 Rezoning Application:
. To expand the land area of the existing facility by rezoning lands
to permit a parking area and a three storey expansion of an
area of 1610 m2 to the existing med ical clinic with adjustments
to the required front and exterior side yard setback,
. To allow a 5 m sight triangle as opposed to the minimum
required 7.5 m
. To permit parking space lengths reduced to 5.4 m where
abutting a landscaped strip,
. To allow a vehicle entrance located 3 m from the side yard lot
line of a residentially zoned property as opposed to the
minimum required 7.5 m, and
. To allow one loading space as opposed the minimum required
two spaces
1 .4 Location:
Part Lot 10, Concession 1, former Town of Bowmanville,
municipally known as 222 King Street East.
1.5 Site Area:
3136 square meters
2.0 LOCATION
2.1 The subject lands are located at the northeast corner of King Street East and St.
George Street in Bowmanville. The additional lands to be acquired for the proposed
parking area are located immediately to the north and east of the Bowmanville
Professional Building and parking area, as well as the lands east of 234 King Street
East, immediately abutting to the east of the existing Bowmanville Professional Building.
(see Attachment No.1)
3.0 BACKGROUND
3.1 Application for rezoning to allow an expansion to the Bowmanville Professional Building,
222 King Street East was originally received in late May 2004 and a Public Meeting was
held June 21, 2004. At that time the application did not include the lands on the east
side of 234 King Street East. A second public meeting was held on October 18, 2004,
when these lands were added to the application.
3.2 The Bowmanville Professional Building currently consists of a three storey medical
building containing a floor area of approximately 23,000 ft2. The applicants are
REPORT NO.: PSD-075-05
PAGE 3
proposing a 3 storey 23,200 ft2 addition to the medical building. The addition would be
connected at grade to the existing building and generally be located to the west of the
existing building within 2 metres or less of the King Street line.
3.3 The Bowmanville Professional Building along with lands being rezoned for the
expanded parking area are within the area subject to the King Street East Corridor
Study. The study was completed in September 2003 and Council adopted the
recommended official plan amendment (OPA 36) and zoning by-law amendment (By-
law 2003-153) in October 2003 implementing some of the study recommendations.
3.4 The proposal generally complies with the intent of the King Street East Corridor Study
by: proposing a building addition that is predominantly street front oriented; reducing the
number of existing vehicle access points to King Street East by one; providing the
Municipality with ownership of land in the vicinity of the intersection of Frank St. and
King St. E. where future intersection improvements are likely required; and allowing for
the extension of Church Street easterly, where a future access will be provided.
3.5 The proposal is an addition to an existing building that is setback from the King Street
East property. The rezoning application is required for the following aspects of the
proposal:
a) The at grade connection to the existing building will be setback more than 2
metres from the King Street East street line;
b) A 5m x 5m sight triangle at the intersection of King Street East and St. George
Street is proposed as opposed to the by-law required 7.5 m x 7.5m;
c) Allow the entrance to the parking lot on St. George Street to be located 3.0 m
from the side yard lot line of a residentially zoned property, as opposed to the
zoning by-law minimum of 7.5 m;
d) Allow parking spaces abutting a planting strip to have a length of 5.4 m as
opposed to 5.7 m;
e) Allow the development to proceed with one loading space as opposed to two;
and
f) To allow the third floor to maintain the same setback as the first two floors, as
opposed to requiring a further 1.5 m setback from the King Street East property
line.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The existing medical facility property contains a three-storey building with a paved
parking area and landscaping around the front entrance and property edges. The new
lands to be added to the facility are vacant of structures with some existing vegetation.
REPORT NO.: PSD-075-05
PAGE 4
4.2 Surrounding Uses:
West:
North:
East:
South:
Urban residential and St. George Street
Vacant, urban residential and Bowmanville High School
Office commercial uses east of the existing medical office, and retail
commercial east of the proposed parking lot expansion
Retail commercial uses
5.0 PUBLIC MEETING
5.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and a public meeting notice sign was installed on the property's road frontage. Staff
received a few enquiries from people seeking additional information. One individual has
suggested that one of the trees on the lands proposed for the parking area expansion is
rare and should be preserved.
5.2 Public meetings were held June 21, 2004 and October 18, 2004 with regard to this
rezoning application and no one has spoken in opposition to or in support of this
application in this public meeting.
6.0 OFFICIAL PLAN POLICIES
6.1 The Durham Region Official Plan designates the lands as Main Central Area. Lands
within said designation shall be planned as the main concentration of urban activities,
providing a full array of integrated uses. The application is deemed to conform.
6.2 The Clarington Official Plan designates the lands containing the existing medical facility
and the lands to the east of 234 King Street East as "Street-Related Commercial Area"
within the East Business District of the Bowmanville East Main Central Area. The
proposed rezoning application is in conformity with the policies of the Official Plan.
7.0 PROVINCIAL POLICY STATEMENT
7.1 The proposed application complies with the intensification policies of the Provincial
Policy Statement 2005.
8.0 ZONING BY-LAW CONFORMITY
8.1 All the lands fronting on King Street East to the depth of the existing ownership of the
Bowmanville Professional Building Inc., including the lands being acquired from
Bowmanville Professional Building Inc., and Sabina Investments Inc and Ankara Realty
Limited are zoned "General Commercial Exception - (C1-30)". The lands north of this
point are zoned "Holding - Urban Residential Type Three ((H)R3)". The R3 zone does
not permit a parking lot for a commercial uses, hence the rezoning application.
REPORT NO.: PSD-075-05
PAGE 5
9.0 AGENCY COMMENTS
9.1 The rezoning application together with the site plan application was circulated for
comments to various agencies. The comments received from the agencies through the
original circulation did not raise any issues with the rezoning, however many of the
agencies noted they would have conditions to be implemented through site plan
approval.
9.2 CLOCA advised that a storm water management brief would be required. The brief
would need to detail grading and drainage information including temporary and
permanent storm water quality and quantity controls.
9.3 Regional staff advised site is connected to full municipal services. No new services will
be constructed for the site. The proposal must be serviced internally.
9.4 Engineering Services advised that on-site storm water drainage is required in order to
process the site plan application. Additionally Engineering and Planning staff had
numerous meetings with the applicants dealing with the consolidation of driveway
access to King Street East between this proposal and 234 King Street East, as well as
the parking area at the rear of the buildings. Although a coordinated parking plan for
the expanded Bowmanville Professional Building and 234 King Street was not achieved
at this time. A dedication of land is required to the Municipality in the vicinity of the
intersection of Frank Street and King Street East which will allow the Municipality to
work with abutting land owners in the future to further consolidate access points in this
area.
10.0 COMMENTS
10.1 The proposal would be providing space for approximately 15 additional doctors through
this expansion. The additional parking required for the proposed addition will be
provided on lands to the north and to the east of the existing medical facility.
10.2 The proposed medical centre expansion provides the second significant development
approval to implement the new planning framework for the King Street East corridor.
The proposed 3 storey street-related building contributes to the transformation of King
Street East by;
· Defining a street wall as recommended by the King Street East Corridor Study
providing a more pleasant street-scape.
· Locating the main entrance/exit access point from King Street significantly away
from the King Street & St. George Intersection by eliminating the existing vehicular
entrance and exit access point to the site.
10.3 The applicant and the current owner have agreed to dedicate to the Municipality a
parcel of land at the easterly entrance to the parking lot. This will enable the
Municipality to provide for a consolidated access to adjacent properties in conjunction
with intersection improvements at Frank Street. This initiative allows the Municipality to
REPORT NO.: PSD-075-05
PAGE 6
reduce the number of accesses on King Street East thereby assisting in the
implementation of the recommendations of the King Street East Corridor Study.
10.4 Staff are finalizing the site plan approval. The site plan approval will deal with future
access to the Church Street extension and the future co-ordination of access to King
Street East at the Frank Street intersection, where the applicant is required to dedicate
land to the Municipality. It will also review access and parking issues for the existing
facility during construction of the new building.
10.5 The applicant's have entered into an agreement with the abutting land owner (Sabina
Investments Inc and Ankara Realty Limited) for the additional lands required to
accommodate the proposed building expansion and related parking requirements. The
Bowmanville Professional Building Inc. was not able to buy the required land out-right,
but rather has an agreement to lease for 10 years with an option to purchase the
subject lands.
10.6 Municipal staff and solicitor were concerned that based on the proposed lease to
purchase arrangement should either party fail to fulfill their required obligations, at some
time in the future, a medical office building would be constructed that did not have the
required parking. Two methods to alleviate this concern were considered and
discussed with the applicant prior to the applicant (Bowmanville Professional Building
Inc.,) the vendor (Sabina Investments Inc and Ankara Realty Limited) and the staff
reaching agreement or the means that are recommended to Council. This involves an
agreement which will provide the Municipality with the option to purchase the leased
lands if the Professional Building does not exercise its option or if its lease is
terminated. The price is to be agreed to by parties before September 1, 2005 or
determined by an appraisal approved by the parties. It will be the fair market value of
the leased land as unserviced, unimproved land with frontage of 20.3 m on King Street
East.
10.7 The agreement ensures that additional land is being provided to accommodate the
additional parking required by the proposed expansion. The zoning by-law should not
be passed by Council until the agreement has been executed by all parties other than
the Municipality of Clarington.
11.0 CONCLUSIONS
11.1 The application is providing intensification along King Street East frontage. The
development will provide additional space for doctors. The lack of doctors in Clarington
has been an issue the Municipality has been trying to address with a recruitment
committee. In consideration of the positive comments received from circulated agencies
and departments, staff respectfully recommends that the attached Zoning By-law
Amendment as contained in Attachment 3 be passed by the Council at such time as the
agreement contained in Attachment 2 has been executed by the parties to it other than
the Municipality.
REPORT NO.: PSD-075-05
PAGE 7
Attachments:
Attachment 1 -
Attachment 2 -
Attachment 3 -
Key Map
Agreement
Zoning By-law Amendment
Interested parties to be notified of Council's decision:
D. Hartford
Charles Cattran
Strike Salmers and Furlong
Sabina Investments Inc. and
Ankara Realty Limited
John Shewchuk
John Rice
The Friendly Landlord
ATTACHMENT 1
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Bowmanville Key Map
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ZBA 2004-022
Zoning By-law Amendment
Owner: Bowmanville Professional
Building Inc. and Sabina Investments Inc.
- . - Lands Being Aquired
. . . . .. Lands to be Dedicated to the
Municipality of Clarington
Subject Lands
[
PURCHASE AND OPTION AGREEMENT
This Agreement made as of the 13th day of June, 2005.
BETWEEN:
SABINA INVESTMENTS INC. AND
ANKARA REALTY LIMITED
(hereinafter collectively referred to as the "Vendors"),
OF THE FIRST PART,
- and -
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter referred to as the "Purchaser"),
OF THE SECOND PART.
- and -
THE BOWMANVILLE PROFESSIONAL BUILDING LIMITED
(hereinafter referred to as "Professional Building"),
OF THE THIRD PART.
WHEREAS:
A. The Vendors as Landlord and Professional Building as Tenant have entered into a
Lease dated as of January 1,2005 (the "Lease") in respect of the Lands (as defined in
the Lease):
B. The Vendors and Professional Building have agreed to amend the Lease (the
"Amendment") to surrender a parcel with the frontage of 20.13 metres on King Street
East by a depth of 15.5 metres (the "Excluded Area");
C. The Lease provides for an option in favour of Professional Building to purchase the
Lands minus the Excluded Area (the "Remaining Lands") on the temlS contained
therein (the "Tenant's Option");
D. Professional Building has entered into the Lease for the purpose of developing the
Remaining Lands for the purposes of a parking lot to serve the professional building
that it operates on adjoining lands;
E. Tme copies ufthe Lease and the Amendment are annexed to this Agreement as
Schedules ,./,\" and "B" respectively;
F. The Vendors have agreed to convey title in fee simple to the Excluded Area to the
Purchaser for a nominal consideration (the "Excluded Area Conveyance");
ATTACHMENT 2
- 2 -
G. The Vendors have also agreed to grant an option, to the Purchaser (the "Purchaser's
Option") to purchase the Remaining Lands if the Lease is surrendered, is terminated
and/or Professional Building does not exercised the Tenant's Option;
H. The Vendors and the Purchaser enter into this Agreement to facilitate the Excluded
Area Conveyance and the Purchaser's Option; and
1.
This Agreem~nt is authorized by by-law No.
June, 2005.
enacted on the 13th. day of
NOW THEREFORE IN CONSIDERATION of the sum of TWO DOLLARS ($2.00) of
lawful money of Canada, now paid by each patty to the other and the mutual covenants
contained therein, the parties covenant and agree as follows:
Convevance
1. Conveyance of Excluded Area: On or before the 1 st day of August, 2005 the Vendor
shall deliver to the Purchaser an executed Transfer, sufficient to vest in the Purchaser title in
fee simple, absolute. free and clear of all encumbrances and restriction of the Excluded Area
for nominal consideration. Professional Building shall forthwith retain and instruct a fim1 of
Ontario Land Surveyors to prepare and deposit at the L TO (as hereinafter defined,) a
reference plan of survey ofthe Excluded Area at Professional Building's expense.
Option
2. Option to Purchase: The Vendors hereby grant to the Purchaser, the sole and exclusive
(subject to the Tenant's Option) right and option (the "Option") to purchase the Remaining
Lands at the price and on the terms and conditions set forth in this Option. This Option and shall
be iITevocable by the Vendors and is conditional and open for exercise by the Purchaser within
sixty (60) days (the "Deadline") following the receipt by Purchaser of notice of any of the
following events (the "OccuITence") :
a) written notice is given by the Vendors that the Lease has been tenninated either
because of the OCCUITence of an event of default that has not been remedied by
Professional Building as provided in the Lease or because Professional Building
has sUITendered its leasehold interest; or
b) the end of the third, fifth, sixth, seventh, eighth, ninth and tenth years of the term
of the Lease if Professional Building has not exercised the Tenant's Option.
The Vendors covenant to give the Purchaser written notice of an OCCUITence. This Option may
be exercised by the Purchaser by the delivery to the Vendors or the Vendors' solicitors on or
before the Deadline. of a notice in writing of the Purchaser' intent to exercise this Option, signed
by either the Purchaser or their solicitors. The date of receipt of such notice by the Vendors shall
be the "Option Date". Upon the exercise of this Option, there shall be constituted an agreement
of purchase and sale (the "Agreement of Purchase and Sale") between the Vendors, as vendor,
and the Purchaser, as purchaser, whereby the Vendors agree to sell the Remaining Lands to the
Purchaser and the Purchaser agrees to purchase the Remaining Lands from the Vendors at the
price and on the terms and conditions herein set forth. The Agreement of Purchase and Sale
shall contain the terms and conditions set out in Schedule "c" with necessary modification.
3. Closing Date: The Agreement of Purchase and Sale shall provide for a closing on the 60th
day after the Option Date (or, where such closing date would otherwise be a date on which the
Land Registry Office for the Land Titles Division of Durham (the "L TO") is not open, then the
first date thereafter upon which the L TO is open) (the "Closing Date").
4. The Purclw5e Price: The purchase price (the "Purchase Price") under the Agreement of
Purchase and Sale shall be equal to the product of the (i) Fair Market Value of the Remaining
Lands detem1ined in accordance with this Agreement and (ii) the fraction which has as its
denominator the CPI for the month of June, 2005 and as its numerator the CPI for the month
immediately preceding the Closing Date.
- 3 -
5. Boundaries: The Purchaser acknowledges that the boundaries of the Remaining Lands
may be altered by the Vendor in accordance with the provisions of the Lease relating to the
Tenant's Option. The boundaries and area of the Remaining Lands shall be conclusively
determined by a reference plan of survey and certificate of a firm of Ontario Land Surveyors (the
"Surveyor") addressed to both the Vendors and the Purchaser. The Vendors shall retain and
instruct the Surveyor to prepare such reference plan of survey and certificate as soon as possible
after the Option Date at the Vendor's cost.
6. "Fair Market Value" shall mean the fair market value of the Remaining Lands as
unserviced and unimproved land determined as at June 13,2005 in the following manner:
(a) If the Vendors and Purchaser either cannot agree on the Fair Market Value or
cannot agree the Single Appraiser who has detennined the Fair Market Value on
or before September 1, 2005, then each shall, no later than September 11, 2005,
appoint an appraiser (the" Appraisers") for the purpose of determining the Fair
Market Value:
(b) The Appraisers shall prepare and submit their valuations to the other and to the
Vendors and Purchaser, within thirty (30) days after September 11, 2005. In
preparing their valuations, the Appraisers shall have full access to all records of
the Vendors and the Purchaser that relate to the Remaining Lands and each of the
Vendelrs and the Purchaser covenants and agrees to fully cooperate with the
Appraisers for such purposes, and shall provide all information and
documentation requested by such Appraiser;
(c) The Fair Market Value shall be:
(i) the valuation determined by the Single Appraiser appointed by the
Vendors and Purchaser in accordance with Section 6(a);
(ii) in the event that the valuations provided by the Appraisers appointed by
the Vendors and the Purchaser, respectively specify the same amount. the
amount specified in the valuations; or
(iii) in the event that the aforesaid two valuations specify amounts within ten
per cent (10%) of each other, the higher amount specified in such
valuations; or
(iv) in the event that the aforesaid two valuations specify amounts not within
ten per cent (10%) of each other then Mr. Wayne Crawford of Toronto
shall value the Remaining Lands and his valuation shall be binding upon
the Vendors and the Purchaser.
(d) If Mr. Wayne Cra"ford shall be unable or unwilling to value the Remaining
Lands or shall fail to submit a valuation within sixty (60) days of his appointment.
then the Vendor or Purchaser may apply to a Judge of the High Court, General
Division, to appoint an appraiser (the "Third Party Appraiser") and whose
valuation shall be binding upon the Vendors and the Purchasers; and
(e) The kes and expenses of Mr. Wayne Cra"ford or the Third Party Appraiser, as
the case may be, shall be shared and paid equally by the Vendors and the
Purchaser.
7. "CPI" shall mean the Consumer Price Index (all items for regional Cities) for Ontario
(or any index published in substitution for the Consumer Price Index or any other
replacement index reasonably designated by the Purchaser if it is no longer published)
published by Statistics Canada (or any other success thereof or any other governmental
agency, including a Provincial agency). In the case of any required substitution, the
Purchaser shall be entitled to make all necessary conversations for comparison purposes.
USE OF LANDS
- 4 -
8. The parties hereto covenant and agree that the Lands shall and may be used as a
parking lot. The Vendors further covenant and agree not to engage the Ontario Municipal
Board by appealing the zoning of the Remaining Lands for parking purposes so long as the
Lease remains in effect.
9. The Vendors covenant and agree to execute a Site Plan Agreement with Purchaser
facilitating the use of the Remaining Lands as a parking lot (the "Site Plan Agreement").
The Vendors further consent to the registration of the Site Plan Agreement against the
Remaining Lands and other abutting lands of the Vendor (the "Abutting Lands") until such
time as separate parcels have been created at the L TO for the Remaining Lands and the
Abutting lands so as to facilitate the release of the Site Plan Agreement from all but the
Remaining Lands.
10. Professional Building agrees that it will perform its obligations under this Agreement
and that the rights of the Purchaser under this Agreement have priority over Professional
Building's rights under the Lease, Amendment and all agreements between the Vendors and
Professional Building. Professional Building covenants and agrees to:
(a) Construct a parking lot on the Remaining Lands in accordance with plans
approved by the Chief Building Official of the Purchaser;
(b) Construct the access (the "Access") to the parking area from King Street East
on the Excluded Area;
(c) Construct the balance of the Excluded Area to the same standard as the parking
lot on the Remaining Lands;
(d) Complete all construction in accordance with the Purchaser's standards and
penuit officials of the Purchaser to enter upon the Excluded Area and
Remaining Lands to inspect construction during daylight hours without notice.
11. The Purchaser covenants and agrees to grant:
(a) a non-exclusive licence to Professional Building to use the Access for
pedestrian and vehicular access from King Street East to the Remaining
Lands; and
(b) a non-exclusive licence to the Vendors to use the Access for construction and
vehicular access from King Street East to the Abutting Lands if no other
access is available and only until another access is available.
12. Time shall in all respects be of the essence hereof provided that the time for doing or
completing of any matter provided for herein may be extended or abridged by an agreement in
wri ting signed by Vendor and Purchaser or by their respective la\\'Yers who are hereby
specifically authorized to do so.
13. This Agreement shall be read with all changes of gender or number required by the
context.
14. Any Notice required to be served upon the Purchaser pursuant to the provisions of this
Agreement shall be deemed to be good, valid and sufficient service upon the Purchaser if served
personally, mailed by pre-paid registered mail or sent by facsimile transmission addressed to:
Municipality of Clarington
40 Temperance Street
Bowmanville. Ontario L I C 3A6
- 5 -
Attention: David Crome, Director of Planning Services
Facsimile No. (905) 623-0830
and any notice required to be served upon the Vendors pursuant to the provlSlons of this
Agreement shall be deemed to be good, valid and sufficient service upon the Vendors if served
personally, mailed by pre-paid registered mail or sent by facsimile transmission addressed to:
* Address
and any notice required to be served upon Professional Building pursuant to the provisions of
this Agreement shall be deemed to be good, valid and sufficient service upon the Vendors if
served personally, mailed by pre-paid registered mail or sent by facsimile transmission addressed
to:
* Address
or such other telefa\: number or address of which either party has notified the other party in
writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient
notice under the ten11S of this Agreement and if telefaxed or delivered prior to 4:30 p.m. on any
business day (excluding Saturdays, Sundays and statutory holidays) shall be deemed to have
been received at the time of delivery or transmission and if mailed by pre-paid registered mail, it
shall be deemed to have been received on the third business day (excluding Saturdays, Sundays
and statutory holidays) following the mailing thereof. Notwithstanding the foregoing, in the
event that it may be reasonably anticipated that due to Force Majeure any notice will not be
received within the time limit set out above. then such notice shall be sent by an alternate means
of transportation which it may reasonably be anticipated will cause the notice to be received
reasonably expeditiously by the addressee.
IN WITNESS WHEREOF the parties hereto have executed this Agreement.
SABINA INVESTMENTS I~C.
Per:
Name:
Title:
Per:
Name:
Title:
I/We have authority to bind the corporation
ANKARA REAL TV LIMITED
- 6-
Per:
Name:
Title:
Per:
Name:
Title:
I/We have authority to bind the corporation
THE CORPORA nON OF THE
MUNICIPALITY OF CLARINGTON
Per:
Name:
Title:
Per:
Name:
Title:
I/We have authority to bind the corporation
THE BOWMANVILLE PROFESSIONAL
BUILDING LIMITED
Per:
Name:
Title:
Per:
Name:
Title:
I/We have authority to bind the corporation
SCHEDULE "c"
ADDITIONALL Y. the Purchaser agrees with the Vendor to the following terms and conditions:
1. This transaction is to be completed no later than 5 :00 p.m. on the Closing Date, which date
may be extended or amended by written agreement of the solicitors for the parties, and on which date
vacant possession of the Property is to be given to the Purchaser.
2. This Agreement of Purchase and Sale may be executed in counterparts and delivery of an
executed copy of same by each party to the other shall constitute complete offer and acceptance
thereof.
3. The Purchase Price includes the fixtures now on the Property with the exception of the
following fixtures or chattels which may be removed by the Vendor before the completion of this
transaction:
4. The Vendor represents and warrants to the Purchaser that during the time the Vendor has
owned the Property. the Vendor has not caused any building on the Property to be insulated with
insulation containing ureaformaldehyde, and that to the best of the Vendor's knowledge no building
on the Property contains or has ever contained insulation that contains ureafolTIlaldehyde. This
walTanty shall survive and not merge on the completion of this transaction.
5. Except as pro\.ided in paragraph 6 hereof, the Vendor shall discharge all encumbrances and
restrictions registered against title to the Property at her expense on or before the completion ofthis
transaction.
6. The Purchaser is to be allowed until five (5) days prior to the Closing Date (the "Requisition
Date") to examine the title to the Property at her own expense and to satisfy itself that there are no
outstanding orders or deficiency notices affecting the Property and that its present use may be
lawfully continued. The Vendor hereby consents to govenmlental agencies releasing to Purchaser
details of all outstanding orders affecting the Property. The Vendor agrees to execute and deliver
such further authorizations in this regard as Purchaser may reasonably require in this regard.
7. PROVIDED the title is good and free from all registered restrictions, charges, liens and
encumbrances save and except for:
(a) any registered restrictions or covenants that run with the land, provided that such are
complied with;
(b) any municipal agreements and registered agreements with publicly regulated utilities.
providing such have been complied with or security has been posted to ensure
compliance and completion as evidenced by letter from the relevant municipality or
utility supplier; and
(c) any minor easement for the supply of domestic utility or telephone services to the
Propeliy or adjacent properties.
If on or before the Requisition Date any valid objection to title or to any outstanding work order or
deficiency notice and which the Vendor is unable or unwilling to remove, remedy or satisfy and
which Purchaser \\ill not waive. this Agreement notwithstanding any intermediate acts or
negotiations in respect of such objections, shall be at an end and all monies paid shall be returned
with interest but without deduction by the Vendor to the Purchaser. Save as to any valid objection so
made by such day and except for any objection going to the root of the title, the Purchaser shall be
conclusively deemed to have accepted Vendor's title to the Property.
8. The Purchaser shall be credited towards the Purchase Price with the amount, if any, which it
shall be necessary for the Purchaser to pay to the Minister of National Revenue in order to satisfy the
Purchaser's liability in respect of tax payable by the Vendor under the non-residency provisions of
the Income Tax Act by reason of this sale. The Purchaser shall not claim such credit if the Vendor
2
delivers on completion the prescribed certificate or the statutory declaration stating that the Vendor is
not then a non-resident of Canada. -
9. The Vendor shall deliver on completion of this transaction evidence of compliance of the
transaction with the Family Law Act, R.S.O. 1990, c.F3, as amended.
10. Except as herein expressly provided, this Agreement shall extend to and be binding upon and
enure to the benefit of the heirs, executors, administrators, successors and assigns of the parties
hereto.
II. Ifthis transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be paid
in addition to the Purchase Price. However, if the Purchaser provides to the Vendor, prior to the
Closing Date, confirmation that the Purchaser is a registrant under the Excise Tax Act (Canada),
including the Purchaser's registration number, together with an undertaking in a form reasonably
acceptable to the Vendor to the effect that the Purchaser shall remit as required by the Act any G.S.T.
payable in respect of the sale of the Property to the Purchaser and shall indemnify the Vendor in
respect of any G.S.T. so payable, then the Purchaser shall not be required to remit to the Vendor
G.S.T. on the Closing Date.
12. If requested by Purchaser, Vendor will deliver any sketch or survey of the Property within
Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of
any Charge/Mortgage held by a corporation incorporated pursuant to the Trust and Loan Companies
Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance
Company and which is not to be assumed by Purchaser on completion, is not available in registrable
form on completion, Purchaser agrees to accept Vendor's la\\'yers personal undertaking to obtain, out
of the closing funds, a discharge in registrable form and to register same on title within a reasonable
period of time after completion, provided that on or before completion Vendor shall provide to
Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain
the discharge, together with a direction executed by Vendor directing payment to the mortgagee of
the amount required to obtain the discharge out of the balance due on completion of this transaction.
13. The Property shall remain at the risk of the Vendor until the completion of this transaction.
14. The Vendor covenants that the Property will be in a clean condition immediately prior to the
completion of this transaction. This covenant shall survive and not merge on the completion ofthis
transaction.
15. This Agreement shall be effective to create an interest in the Property only if Vendor
complies with the subdivision control provisions of the Planning Act by completion of this
transaction, and Vendor covenants to proceed diligently at her expense to obtain any necessary
consent by prior to the completion of this transaction.
16. A Transfer/Deed for the Property shall, save for the Land Transfer Tax Affidavit, be prepared
in registrable forn1 at the expense of the Purchaser. If requested by the Purchaser, Vendor covenants
that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by
Section 50(22) of the Planning Act, R.S.O. 1990, c.P.13, as amended.
17. The Vendor and Purchaser covenant and agree to cause their respective solicitors to enter into
a document registration agreement in the form adopted by the Joint LSUC-CBAO Committee on
Electronic Registration of Title Documents on October 1,2003 (the "DRA") to govern the electronic
submission of the transfer/deeds for the Property to the applicable land registry offices ("Land
Registry offices"). The DRA shall also provide that ifthere is a problem with the Teraview electronic
registration system \\hich does not allow the parties to electronically register a transfer/deed for the
Property on Closing, the Closing Date shall be deemed to be extended until the next day when the
said system is accessible and operating for the Land Registry offices applicable to the Property.
18. On the closing ofthe transaction, the Vendor shall provide to the Purchaser, the Purchaser's
fonn of the following documents:
a. Undettaking to Re-adjust
b. Section 116 of the Income Tax Act/Family Law Act Affidavit
c. Declaration of Possession
d. Construction Lien Act affidavit
19. Any rents. mortgage interest, realty taxes including local improvement rates and unmetered
public or private utility charges and unmetered cost offuel, as applicable, shall be apportioned and
allowed to the day of completion, the day of completion itself to be apportioned to Purchaser.
20. The Purchaser will pay to the Vendor's direction forthwith after receipt by the Purchaser of
the \\Titten particulars of them, the Vendor's reasonable legal fees and disbursements to the date of
execution by the last party to execute this Offer to Sell respecting the Vendor's solicitor's
representation of the Vendor in connection with the proposed expropriation by the Purchaser of the
Property, and negotiating and settling the terms of this Agreement.
21. Time shall ill all respects be of the essence hereof provided that the time for doing or
completing of any matter provided for herein may be extended or abridged by an agreement in
'-'Titing signed by Vendor and Purchaser or by their respective lawyers who are hereby specifically
authorized to do so.
22. This Agreement shall be read with all changes of gender or number required by the context.
23. Any Notice required to be served by the Vendor upon the Purchaser pursuant to the
provisions of this Agreement shall be deemed to be good, valid and sufficient service upon the
Purchaser if served personally, mailed by pre-paid registered mail or sent by facsimile transmission
addressed to:
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario L 1 C 3A6
Attention: David Crome, Director of Planning Services
Facsimile No. (905) 623-0830
and any notice required to be served by the Purchaser upon the Vendor pursuant to the provisions of
this Agreement shall be deemed to be good, valid and sufficient service upon the Vendor if served
personally, mailed by pre-paid registered mail or sent by facsimile transmission addressed to:
* Address
or such other telefax number or address of which either party has notified the other party in writing.
Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under
the tenns of this Agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day
(excluding Saturdays, Sundays and statutory holidays) shall be deemed to have been received at the
time of delivery or transmission and if mailed by pre-paid registered mail, it shall be deemed to have
been received on the third business day (excluding Saturdays, Sundays and statutory holidays)
following the mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably
anticipated that due to Force Majeure any notice will not be received within the time limit set out
above. then such notice shall be sent by an alternate means of transportation which it may reasonably
be anticipated will cause the notice to be received reasonably expeditiously by the addressee.
24. For the pUl1Joses of this Agreement, the term "Force Majeure" means any delay for the
duration of the delay which is imposed by reason of strikes, lockouts, riots, wars or acts of military
authority, acts of public enemies, sabotage, epidemics, washouts, nuclear and radiation activity or
fallouts, rebellion or civil commotion, fire or explosion; flood, wind, water, earthquakes or other
casualty, or an Act of God and any act, omission or event whether of the kind herein enumerated or
othenvise not within the control of the parties none of which has been caused by the deliberate
default or act or omission by the parties and none of which has been avoidable by the exercise of
reasonable effort or foresight by the pm1ies.
ATTACHME~JT 3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-
being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-Law for
the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-Law 84-63. as amended, of the Corporation of the former Town of Newcastle in
accordance with application ZBA 2004-022 to permit medical clinic on the subject lands;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Section 16.5. "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C 1) ZONE" is
hereby amended by adding a new Section 16.5.47 as follows:
"16.5.47 GENERAL COMMERCIAL EXCEPTION (C1-47) ZONE
(1) Notwithstanding the provisions of 3.13(a), 3.16(a)(i), 3.16(e)(i), 3.22,16.1,16.3
(a)(i) and (iii) and 16.3(d) no person shall use any land or erect or use any
building or structured located in a C1-47 except for a medical or dental clinic
subject to the applicable provisions of the aforesaid By-law 84-63 are satisfied:
a)
Yard Requirements
i) Front Yard
a minimum of 1.5 metres and a
maximum of 4.5 metres for a minimum
38 metres of the building
ii)
Exterior Side Yard
a minimum of 1.5 metres and a
maximum of 6.5 metres
b)
c)
Building Height (maximum)
3 stories
Parking Space Size (minimum)
5.2 m in length by 2.75 m in width
provided that such space is
perpendicular to a landscape open
space after having a minimum width of
3.0 m
d)
Loading Space (minimum)
1 space
e)
Sight triangle (minimum)
5 metres by 5 metres
f) Entrance separation from the boundary of a side yard lot line of a residentially
zoned property, minimum 3.0 metres
2. This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act, R.S.O. 1990.
BY-LAW read a first time this
day of
2005
BY-LAW read a second time this
day of
2005
BY-LAW read a third time and finally passed this
day of
2005
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2005-
passed this day of ~ 2005 A.D_
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v//~ Zoning Change From IC1-30" To IC1-47"
~ Zoning Change From I(H)C1-30" To IC1-47"
I~ ~'~1 Zoning Change From I(H)R3" To IC1-47"
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John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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STREET EAST
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