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HomeMy WebLinkAbout04/23/2007 Special CJiJli!lgton SPECIAL COUNCIL MEETING DATE: MONDAY, APRIL 23, 2007 TIME: IMMEDIATELY FOLLOWING THE GP&A MEETING PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST DELEGATIONS 1. Bob Hann, Halloway Holdings Limited - Removal of Holding, 120 Clarington Boulevard (ZBA 2007-0014) 2. Brent Clarkson, MHBC Planning, on behalf of Home Depot of Canada, _ Proposed Home Depot Store and Garden Centre, 120 Clarington Boulevard REPORTS 1 . PSD-048-07 - Application by Halloway Holdings Limited for Approval of a Site Plan for the Development of a Home Depot Home Improvement Store on Lands Located to the North of Regional Highway No.2, West of Clarington Boulevard and South of the Unopened Concession 3 Road Allowance _ ' File No. SPA 2005-022 2. PSD-049-07 - Application for Removal of Holding Symbol _ Applicant: Halloway Holdings Limited _ File No. ZBA 2007-0014 BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL . ADJOURNMENT CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: SPECIAL COUNCIL MEETING Date: Monday, April 23, 2007 Report #: PSD-48-07 File#: By-law #: 2007-087 2007-088 2007-089 2007-090 Subject: APPLICATION BY HALLOWAY HOLDINGS LIMITED FOR APPROVAL OF A SITE PLAN FOR THE DEVELOPMENT OF A HOME DEPOT HOME IMPROVEMENT STORE ON LANDS LOCATED TO THE NORTH OF REGIONAL HIGHWAY NO.2, WEST OF CLARINGTON BOULEVARD AND SOUTH OF THE UNOPENED CONGESSION 2 ROAD ALLOWANCE RECOMMENDATIONS: Provided that Halloway Holdings Limited has executed the Subdivision/Consent Agreement referred to in recommendation 1 and the Site Plan Agreement referred to in section 6 of this report and has paid sums of money required to be paid to the Municipality as required by the Principles of Understanding between the Municipality of Clarington and Halloway Holdings Limited dated March 1, 2006 and Halloway has paid the sums of money and deposited the performance guarantees required to be deposited on or before the execution of these agreements, other than the payment to be made for the parkland cash-in-lieu dedication, it is respectfully recommended to Council the following: 1. THAT Council approve pass a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute a Subdivision/Consent Agreement in the form of the draft Agreement contained in Attachment 3. 2. THAT Council pass a By-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute releases of certain Agreements from the title to the land referred to in the By-law in order to implement Paragraphs 8 and 10 of the Principles of Understanding and to execute any necessary acknowledgements and directions 3. THAT Council pass a by-law to authorize the Mayor and Municipal Clerk to execute an Assumption Agreement on behalf of the Municipality with Halloway Holdings Limited and Home Depot Holdings Limited respecting the Principles of Understanding between the Municipality of Clarington and Halloway Holdings Limited dated March 1, 2006. REPORT NO.: PSD-048-07 PAGE 2 4. THAT Council pass a by-law to authorize the Mayor and Municipal Clerk to execute an Assumption Agreement on behalf of the Municipality with Halloway Holdings Limited and Home Depot Holdings Limited respecting the Stevens Road Extension Agreement between the Municipality of Clarington, Players Business Park Ltd. and West Diamond Properties Inc. dated March 1, 2006; 5. THAT it is recommended that Halloway be required to pay to the Municipality $84,000 inclusive of design contingencies and GST as its share of the cost of Highway 2 streetscape improvements and that the Subdivision/Consent Agreement contain a suitable provision to this effect; 6. THAT all interested parties listed in this Report be advised of Council's decision; and, 7. THAT Staff be directed to prepare necessary amendments to the site plan and the Agreements referred to in Section 8.1 to make them consistent with the Halloway Principles and the Subdivision/Consent Agreement. Respectfully by: d~~ Subm' d by: David J. Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: Franklin Wu, Chief Administrative Officer ubmitled by: Anthony Cannella C.E.T Director of Engineering Services DJC/sh/df 20 April 2007 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-048-07 PAGE 3 1.0 BACKGROUND 1.1 At its Special Meeting on March 1, 2006, Council approved the recommendations contained in Report #PSD-027-06. The recommendations included the approval of Commercial Policy Review and the Bowmanville Main Central Area Secondary Plan Review Report. Council adopted Official Plan Amendments 43 and 44 and related Zoning By-law Amendments 2006-046 and 2006-047 to implement the recommendations contained in the two Reports and Report #PSD-027-06. Council also approved certain agreements between the Municipality and two groups of proponents, including Principles of Understanding (Halloway Principles) with Halloway Holdings Limited (Halloway) and the Stevens Road Extension Agreement with Halloway, Players Business Park Ltd. and West Diamond Properties Inc. (PlayersNVest Diamond). Copies of the Halloway Principles of Understanding, the Stevens Road Extension Agreement, Official Plan Amendment 44 amending the Bowmanville West Main Central Area are available in the Municipal Clerk's Office. 1.2 The plan contained in Attachment 1 shows the commercial lands owned by Halloway and PlayersNVest Diamond, respectively.. The Halloway commercial lands (Halloway Lands) are located between Regional Highway No.2, Green Road, the unopened Concession 2 road allowance and Clarington Boulevard. The West Diamond/Players commercial lands are located generally between Regional Highway No.2, the planned northerly extension of Boswell Avenue and Green Road. 1.3 Halloway proposed the development of a Home Depot home improvement store on part of the easterly portion of the Halloway Lands. Medium-format retail stores (1,000 s.m. to 2,500 s.m.) were proposed on the westerly portion of their lands and smaller street- related retail stores were proposed on the Highway 2 frontage of the Halloway lands. 1.4 Appeals from the adoption of Official Plan Amendment 44 and Zoning By-law Amendment 2006-047, both of which applied to the Halloway lands, have been dismissed by the Ontario Municipal Board. No appeal was filed in respect of Zoning By- law Amendment 2006-046. AYT Corporation's (AYT) appeal from the adoption of Official Plan Amendment 43 as they apply to AYT's lands on the north side of Highway 401 at Bennett Road. The result is that with the dismissal of the appeals of Official Plan Amendment 44 and Zoning By-law Amendment 2006-047, Official Plan Amendments 43 and 44 and Zoning By-law Amendments 2006-046 and 2006-047 are in full force and effect. 1.5 Acting in accordance with the Halloway Principles, Halloway applied for and obtained from the Region of Durham Land Division Committee a provisional consent to transfer the proposed Home Depot home improvement store site (Home Depot Lands) together with half the right-of-way for Private Road "C" to Home Depot Holdings Inc. (Home Depot) pursuant to section 53 of the Ontario Planning Act. The provisional consent included the transfer to Home Depot of certain servicing and access rights over the retained portions of the Halloway Lands to benefit the severed lands and the reservation REPORT NO.: PSD-048-07 PAGE 4 from the severed Home Depot Lands of servicing and acce.ss rights to benefit the retained lands. The provisional consent is conditional on the making of agreements with the Municipality and the Region of Durham, respectively. The agreement with the Municipality is discussed below and is referred to as the "Subdivision/Consent Agreement". 1.6 Again, acting in accordance with the Halloway Principles, Halloway applied for site plan approval of development of the proposed Home Depot home improvement store and related facilities proposed for the Home Depot Lands. 1.7 The principal features of the site plan which has been negotiated with staff as well as the proposed site plan agreement which will be registered on the title to the Home Depot Lands are outlined below in this Report. If Council decides to approve the recommendations contained in this Report, the Directors of Planning Services and Engineering Services intend to approve the site plan and recommend that the Mayor and Municipal Clerk execute the site plan agreement with Halloway. 2.0 HALLOWAY PRINCIPLES OF UNDERSTANDING 2.1 This section of the Report will contain a brief description of main provisions of the Halloway Principles that are relevant to the proposed Home Depot development. 2.2 The Halloway Principles are premised on the assumption that development of the Halloway Lands would be phased. Halloway intends to phase the development so that an individual building or buildings only would be proposed as market opportunities became available. Home Depot is the first phase of development. 2.3 The purpose of the Halloway Principles is to provide a means for the Municipality to be satisfied that its key infrastructure, landscaping, streetscaping, urban design, building massing, location of parking, the internal Private Road, "CH, and driveways will be provided in accordance with the Bowmanville West Town Centre Secondary Plan, Zoning By-law 2006-047 and the approved Concept Plan for Development (Attachment 2) of the Halloway Lands no matter what the sequence of development of individual buildings might be. Integral to this purpose are arrangements for Halloway's contributions to part of the cost of the Stevens Road Extension, the granting of an option to purchase Private Road "C" to be exercisable when overall development of the Halloway Lands reaches a stipulated intensity, and Halloway's contributions to the Urbanization of Regional Highway NO.2. The option to purchase is important in achieving the ultimate planning goal of establishing a grid network of public streets in the future. 2.4 The Concept Plan for Development of the Halloway Lands is central to the Principles of Understanding. The Plan shows the conceptual development of buildings on the entire Halloway Lands, including the parking, driveway and landscaped areas on the Home Depot Lands. All development of the Halloway Lands is required to be consistent with REPORT NO.: PSD.048-07 PAGE 5 the Concept Plan for Development. It therefore establishes the context within which applications for site plan approval under section 41 of the Planning Act. 2.5 The Halloway Principles shows the cross-section and the requirements of Private Road "C" which is to be located between Highway No. 2 and the planned Stevens Road Extension on the westerly side of the proposed Home Depot Lands. 2.6 The Halloway Principles provide for the transfer of certain 0.3 metre reserves to Halloway for a nominal consideration. If they are not transferred these reserves would effectively preclude the development of the proposed Home Depot home improvement store. They also provide for the release by the Municipality of certain agreements including requirements to convey lands to extend Uptown Avenue west of Clarington Boulevard to the proposed Home Depot Lands. This release is provided in exchange for the payment by Halloway to the Municipality of $200,000.00. Report #PSD-032-07 which was approved by Council at its meeting on March 19, 2007, recommends the transfer to Halloway of the 0.3 metre reserves and the release of the agreements from the proposed Home Depot Lands in exchange for the above-noted payment. Halloway has made this payment to the Municipality. 2.7 The Halloway Principles provide for Halloway to pay to the Municipality $70,000 for the purposes of disbursement to the Orono and the Newcastle BIAs and to fund Community Improvement Plan programs if neither of these BIAs appealed OPAs 43 or 44 or any of the related zoning-by-Iaws to the Ontario Municipal Board. Neither of these two BIAs in fact filed any appeal to the Ontario Municipal Board. Halloway has made this payment to the Municipality. 2.8 The Halloway Principles contain a provision respecting the removal of the (H) Holding symbol from commercial zoning designation set out in Zoning By-law Amendment 2006- 047. The removal of the (H) Holding symbol from the zoning designation applicable to the proposed Home Depot Lands is recommended in Report #PSD-49-07. 2.9 The Halloway Principles also require Halloway and its successors in title to comply with the requirement that an Assumption Agreement is made by a proposed purchaser, mortgagee or lessee under a lease for 21 years or more before the sale, mortgage or lease is made. Home Depot has executed Assumption Agreements with the Municipality assuming the obligations of Halloway under the Halloway Principles and the Stevens Road Extension Agreement. Also, Halloway and Home Depot have executed the necessary Acknowledgements and Directions for the registration on title of charges under section 118 of the Land Titles Act respecting the Halloway Principles and the Stevens Road Extension Agreement. The requirements for these Assumption Agreements and the registration of section 118 of the Land Titles Act charges on title will ensure that Halloway and its successors in title of the original party will comply with the Halloway Principles and the Stevens Road Extension Agreements. 2.10 Finally, the Halloway Principles provided for them to be unwound and to be of no further effect if "Final Approval" of specified Planning Documents had not been achieved. They REPORT NO.: PSD-048-07 PAGE 6 also provided a right to Halloway to terminate the Halloway Principles within three years following Final Approval, for example, if Halloway decided that development was no longer practical. Halloway has acknowledged that the Halloway Principles cannot now be unwound or terminated and are in full force and effect. 3.0 STEVENS ROAD EXTENSION AGREEMENT 3.1 The Stevens Road Extension Agreement provides for the design and construction of Stevens Road extension from Regional Road 57 to Green Road and its funding. The Municipality will undertake all of the construction. 3.2 Under this Agreement the Municipality is responsible to fund the construction of Stevens Road from Regional Road 57 to Clarington Boulevard (Municipally-Funded Section). The Municipally-Funded Section is 100% funded from development charges. West Diamond/Players and Halloway are responsible to fund the construction of the portion from Clarington Boulevard to Green Road (Developer-Funded Section). The works cost estimate for the Developer-Funded Section to an "Urban Profile" is $596,000. Security has been deposited with the Municipality for this amount. 3.3 The Agreement also provides that: . The estimated costs of the Developer-Funded Section constructed to an Urban Profile of $596,000 will be adjusted from time to time as provided for in the Agreement. . The Municipality will commence construction of the Stevens Road extension as soon as reasonably practicable after one of the developers gives written notice of his intent to proceed. (The Municipality has commenced the Environmental Assessment process.) . Halloway and West Diamond/Players are responsible for the "as-built" costs on the Developer-Funded Section. They will be consulted in the preparation of the tender documents with respect to the construction of the project. 3.4 This Agreement also contains an unwinding or termination provision. The unwinding or termination provisions are not operative since neither the Halloway Principles nor the West Diamond/Players Principles of Understanding with the Municipality have unwound or been terminated. In fact, both Halloway and West Diamond/Players have elected to proceed with the Urban Profile design option for the profile of Stevens Road Extension between Clarington Boulevard and Green Road and have deposited the required letter of credit with the Municipality. 4. SUBDIVISION/CONSENT AGREEMENT 4.1 A copy of the draft Subdivision/Consent Agreement between Halloway and the Municipality is contained in Attachment 3. Staff have been advised that the agreement REPORT NO.: PSD-048-07 PAGE 7 between Halloway and the Region required as a condition of the provisional consent to transfer the proposed Home Depot Lands to Home Depot has been executed by the parties to it. 4.2 The draft Subdivision/Consent Agreement between the Municipality and Halloway provides for: . A widening on the east side of Green Road to be transferred to the Municipality for a nominal consideration. . Halloway's agreement to undertake, complete and maintain on the Halloway Lands, including the portion to be conveyed to Home Depot, the grading, construction and installation of the services, works and landscaping shown on specified plans and drawings. . Halloway's agreement to construct and install certain works and improvements on Clarington Boulevard and the intersection of Private Road "C" and Stevens Road Extension. These include completion of the traffic control median on Clarington Boulevard. . Halloway's agreement to pay a maximum of $84,191 to the Municipality for its share of the cost of certain landscaping and streetscaping works on Regional Highway NO.2. This is discussed below in this Report. · Halloway's agreement to construct and maintain the Private Road "C" improvements in accordance with specified plans and drawings. . The provisions of the Halloway Principles and the Steven Road Extension Agreement to be incorporated in their entirety in the Subdivision/Consent Agreement. 5.0 ASSUMPTION AGREEMENTS WITH HOME DEPOT 5.1 Attachments 4 and 5 contain Assumption Agreements between the Municipality and Home Depot. They implement the requirements of the Halloway Principles and the Stevens Road Extension Agreement in this regard. 5.2 The Assumption Agreement respecting the Halloway Principles contains acknowledgements by the Municipality that the $200,000 payment referred to in section 2.6 of this Report and the $70,000 payment referred to in section 2.7 of this Report have been made. 6.0 SITE PLAN APPROVAL, CONDITIONS AND AGREEMENT 6.1 The Site Plan proposal by Home Depot provides for a 99,000 sq. ft. building with an additional 26,000 sq. ft. structure predominantly occupied by the Garden Centre. (Attachment 6) The front and rear fa9ade are articulated vertically and horizontally to create some architectural interest and rhythm. (Attachment 7) The elevations would be completed with reddish/brown pre-caste concrete panels that provide a an appearance REPORT NO.: PSD-048-07 PAGE 8 of brick construction. Due to its prominent location within the Town Centre, stringent requirements were made with respect to outdoor storage. As a result, the Garden Centre is extended at the back for a building material holding area and includes the shed display area. Parking is provided for 427 cars. A large outdoor seasonal centre is provided in the centre of the parking lot. 6.2 Site plan approval for the development will be granted in accordance with Section 41 of the Planning Act as amended. A Site Plan Agreement has been prepared that will contain provisions respecting the development of the subject lands including site design, building elevations, rooftop mechanical unit screening, site illumination design and fixture specifications, and landscaping within the property. Special items such as the requirement for the home improvement store to obtain a basic LEEDS certification and provision of a bicycle storage area for employees are included in this Agreement. The LEEDs certification was originally offered by Home Depot as part of their proposal to Council for the positive consideration of their application. The Agreement also contains provisions for continued site maintenance and financial matters including securities and payments to be made by the applicant to the Municipality. All of these issues are contained in the Conditions of Site Plan Approval, which the applicant has agreed with and signed. 6.2 The applicant must secure 100% of the landscaping costs for the project. This includes all plant materials, fencing and rockery, retaining walls, and decorative paving materials. These securities will be released once the items have been installed and passed their maintenance period. These securities are also used to ensure that the exterior illumination is properly installed in accordance with the approved illumination plan. 6.3 The Agreement also contains a provision for a cash payment in lieu of a parkland dedication. The value of the payment is established either through a property appraisal prepared by a certified property appraiser or through the actual offer of purchase and sale. The applicant chose to have a property appraisal prepared. A review of the appraisal by Staff concluded that the proposed land value upon which to base the dedication payment was not suitable for the following reasons. Not all of the comparable sites used in the appraisal were appropriate, since some were future residential sites and thus not comparable. The appraisal also discounted the value of comparable commercial sites and increased the value of residential sites. Finally, the appraisal did not use the correct zoning upon which to base the land value. Since the appraiser would not change the appraisal to properly address our concerns, Staff have retained David Thrift of Appraisal Group Incorporated to prepare an appraisal on behalf of the Municipality. Once a land value is determined, the value will be placed in the Agreement. The applicant will be required to provide the necessary cash payment. 6.4 Cash-in-lieu of parkland has previously being paid for a portion of the site. There is a residual of 6.267 acres on the Home Depot Site for which payment has not been made. Mr. Thrift has appraised the fair market value of these lands to be $2,685,000. The payment in lieu of parkland in respect of the Home Depot Development is 2% of this REPORT NO.: PSD-048-07 PAGE 9 amount or $53,700. The applicant will be required to provide the necessary cash payment. 7.0 HIGHWAY NO.2 LANDSCAPING AND STREETSCAPING 7.1 Council policy has established the Bowmanville West Town Centre area as one the two main commercial areas of Clarington with high standards for building and streetscape design. Through the Bowmanville West Town Centre Secondary Plan, one of the goals adopted by Council was "to ensure high quality of architecture and urban design in all phases of development in order to create a unique sense of place and foster social interaction in the West Town Centre". 7.2 To implement Council's policy, the Municipality developed urban design principles and guidelines that have been implemented through the Official Plan policies and zoning by- law for the area. To ensure Council's direction of creating "a unique sense of place" and to complement the high standards in building design agreed upon with Home Depot and Wal-Mart, the Municipality initiated the Bowmanville West Town Centre Streetscape Implementation Plan (Streetscape Plan) as forwarded through Report PSD-045-07. 7.3 The nature and size of the proposed developments requires the reconstruction and urbanization of Highway 2 and as such requires special consideration in terms of design and pedestrian orientation. The Streetscape Plan recognizes the importance of Highway 2 as the main regional corridor in the community. The importance of Highway 2 is also recognized in the Regional Corridor Guidelines and the Regional Official Plan. 7.4 The Streetscape Plan concept for Highway 2 will be implemented in phases. The first phase requires that the structural elements like raised planters in the median and boulevard be undertaken at the same time as the reconstruction of Highway 2. 7.5 To this end staff has developed a cost sharing structure that requires contributions from Halloway for streetscape improvements to a maximum of $63,540 plus design, contingencies and GST (maximum $84,190). This amount is reflected in the Subdivision/Consent Agreement. Halloway's responsibility includes works in and north of the median between Clarington Blvd and Green Road. The Municipality will be responsible for the costs in and south of the median. 7.6 Many of the streetscape improvements have been paid for and implemented recently by the developers throughout the area. The latest examples include Clarington Boulevard extension north of the cinemas to the new Clarington Secondary School and the new residential development south of Canadian Tire. The Streetscape improvements included unit pavers, trees, benches, waste receptacles, and decorative lighting in the median as well as decorative lighting on the boulevard in front of the school. 7.7 Halloway Holdings has indicated very firmly that it will not make any further contribution to the Highway 2 urbanization, other than the basic streetscaping required by the Region due to the costs they have incurred to date for the project. REPORT NO.: PSD-048-07 PAGE 10 7.8 However, it is very important for Council to understand that decisions on implementation made in this area may create a precedent for implementation through the area. The Streetscape Plan extends westward along Highway 2 from Green Road to Boswell Drive to the lands owned by Metrus. Staff has initiated negotiations with Metrus for the implementation of the Streetscape Plan. The Streetscape Plan will also be presented to the Kaitlin Group for their density residential and commercial developments proposed along Prince William Boulevard and the southwest corner of Highway 2 and Regional Road 57. Accordingly, it is recommended that Halloway be required to pay to the Municipality $84,000 inclusive of design contingencies and GST as its share of the cost of Highway 2 streetscape improvements and that the Subdivision/Consent Agreement contain a suitable provision to this effect. 8.0 AMENDMENT OF SITE PLAN AND AGREEMENTS APPLICABLE TO SCOTIABANK AND OTHER LANDS 8.1 Amendments will be required to the Amending Agreement dated June 21, 2000 between Willsonia Industries Limited, Royal Bank of Canada, Royal Trust Corporation of Canada and the Municipality of Clarington which amended the Development Agreement between the Municipality, Clarington Place Limited and Willsonia Industries Limited and registered in the Land Registry Office as Instrument No. 0472409 and the related approved site plan. The Agreement and site plan show the Scotiabank and parking for it located on the west side of Clarington Boulevard at Regional Highway No. 2 and additional lands shown as a "Temporary Parking Lot". The site plan and Agreements apply to lands which include part of the proposed Home Depot Lands. They also deal with the existing break in the traffic control median on Clarington Boulevard. 8.2 It is recommended that Staff be directed to prepare necessary amendments to the site plan and the Agreements referred to in paragraph 8(1) to make them consistent with the Halloway Principles and the Subdivision/Consent Agreement. 9.0 CONCLUSIONS AND RECOMMENDATIONS As of the writing of this report, one issue remains outstanding. Halloway has indicated that it will not sign the Consent/Subdivision Agreement if the Municipality requires a contribution of $63,540 plus design, contingencies and GST (maximum of $84,191) to the Highway 2 urbanization/streetscape works. Staff will provide a verbal update as to the status of this matter at the Special Council meeting. If Halloway has executed the agreements by that time, and deposited the requisite performance guarantees, save and except for the cash-in-lieu of parkland, staff would request that the recommendations be adopted to implement the necessary agreements for Home depot to proceed. In the event that any outstanding issues remain at that time, appropriate direction will be sought. REPORT NO.: PSD-048-07 PAGE 11 Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 - Key Map - Concept Plan for Development - Draft - Subdivision/Consent Agreement - Assumption Agreement - Principles of Understanding - Assumption Agreement - Stevens Road Extension - Home Depot Site Plan - Home Depot Elevations C- eo :E ~ cu ~ Attachment 1 To PSD-048-07 ~~ ~~ I~ ,! d'9l f"---+-1tl /----fr--Q I::> ..- ~ w [co ~ c:( li: C'J en 0:: 0 W >- p= 0:: c:( ..- c.. ~ ib I- ~ D.: fB O!f--,j :I: ,~ II-- <! --iJ-:> 0::fi---t9 S'! b8 II-- ...J --iJ-:> C:- J-------i :I: 1Yf! II-- c.. -lI 0 Il---i1 ~ o 0 0 :I:r o 0 !3 o J> Cl ~i'i?N\Sso'C I ~ ~I c: C'tS - a.. ... c: Q) E c. o - Q) > Q) c ... c. Q) u c: o U I U) "'C c: C'tS ..J ~ C'tS ~ o - - C'tS :I: ;. I Attachment 2 To PSD-048-07 II H. Ii !Ii!! ~ :! I ..~ f I! :.. I ~ ~ Ii ,LIB t u .- f .-\ ! .~ ~~ '. f.7 "- I~ <~ I~ .;"" - I I I I - - I :>- - - -I ~ ...U ~i;Z - U U,j ~ 0.. . .... . I p'-II 'r I 1'1 ~i I I I )'. t; ..-.- ~ 0" . " . X 3. . ~ ~ . .. I"F'" .,,~""""" W\ ,}::::~ \4 ~n l:II;~n: :::.rn:; ,,; ~ -.. II I' ',:', *' 1-. . , ,,,,11I:,,",,,,11: ~~1~"~H ., .' ~ t . . t ~ ,- ~ !; , ~ .... ,.' .; . :i ~ollti"UI "II ~".-. ---- 0 i -. . - ~'. ! .... - . .. llIa ~ 4' ;;" ."," ~. " . ,- (It; ;, ~ ....- a I Attachment 3 To PSD-048-07 SUBDIVISION/CONSENT AGREEMENT THIS SUBDIVISION/CONSENT AGREEMENT made as of the 22"' day of April, 2007. BET WEE N: HALLOWAY HOLDINGS LIMITED (hereinafter called "Halloway") OF THE FIRST PART -and- THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON (hereinafter called the "Munieipality") OF THE SECOND PART WHEREAS: A. Halloway aod the Municipality entered into Principles of Understanding ("Halloway Principles") dated March I, 2006. The Halloway Principles are registered as Instrument No. DR513890 in the Land Registry Office for the Laod Titles Division of Durham (No. 40) ("Laod Registry Office"). B. The laods to which this SubdivisiOn/Consent Agreement applies are more particularly described in Schedule "A" hereto ("Halloway Lands"). C. Halloway represents aod warrants that it is the registered owner in fee simple of the Halloway Lands aod that they are not encumbered by a mortgage or charge. D. On January 15,2007, the Regional Municipality of Durham's Land Division Committee under its file LD016/2006 gave its provisional consent ("Provisional Consent") under section 53 of tbe Planning Act, R.S.O. 1990, c.P.!3, as amended, to the transfer by Halloway of the part of tbe Halloway Lands referred to herein a the "Severed Laods". The Severed Lands are more particularly described in Schedule "B" hereto. The Provisional Consent is subject to certain conditions including the making of this Subdivision/Consent Agreement. A copy of the Provisional Consent is contained in Schedule "e" hereto. -2- E. Following satisfaction of the conditions to the Provisional Consent and the issuance of a certificate that the consent has been given pursuant to subsection 53(42) of the Planning Act, Halloway intends to transfer the Severed Lands to Home Depot Holdings Inc. ("Home Depot'') for development thereon of a home improvement store ("Home Depot Store'') in accordance with the Municipality's Official Plan Amendment No. 44 and Zoning By-law Amendment 2006-047. F. A copy of the concept plan for development of the Halloway Lands is contained in Schedule "c" of the Halloway Principles. It is referred to hereinafter in this SubdivisiOn/Consent Agreement as the "Concept Plan for Development". The Concept Plan for Development was endorsed in principle by the Municipality's Council's Resolution #C-l 14-06 passed at its special meeting on March 1,2006. A copy of Resolution #C-1I4-06 is contained in Schedule "D" of the Halloway Principles. G. The Stevens Road Extension Agreement dated March I, 2006 has been executed by the Municipality, Halloway, Players Business Park Ltd. and West Diamond Properties Inc. A copy of it is contained in Schedule "E" of the Halloway Principles. H. Halloway has agreed to transfer Part 1_ on Reference Plan 40R-24802 to the Municipality for the purpose of widening Green Road as provided below in this Subdivision/Consent Agreement. 1. This Subdivision/Consent Agreement is made pursuant to subsection 53(12) of the Planning Act, R.S.O. 1990, c.P.l3, as amended. J. The execution of this SubdivisiOn/Consent Agreement by the Mayor and the Municipal Clerk on bebaIf of the Municipality of Clarington is authorized by By-law 2007-088 passed by the Municipality's Council at its meeting on April 23, 2007. NOW THEREFORE in consideration of the premises herein contained and the sum of TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by each of the Parties is hereby acknowledged) each of the Parties covenants and agrees with the other Parties as follows: RECITALS AND SCHEDULES I. <aj Each of Recitals C to H and Schedules "A" to "J" are hereby incorporated into the operative part of this Subdivision/Consent Agreement and each shall be construed as covenants contained in this Subdivision/Consent Agreement. - 3- (b) In this Subdivision/Consent Agreement, unless otherwise provided the term "Director" means the Municipality's Director of Engineering Services. LANDS TO BE TRANSFERRED TO MUNICIPALITY 2. On or prior to the execution of this Subdivision/Consent Agreement by the Municipality, Halloway sball transfer to the Municipality for a nominal consideration in fee simple, free and clear of encumbrances and restrictions Part I on Reference Plan 40R-24802. The transfer shall be in a form satisfactory to the Municipality's Solicitor and sball be registered on title at the cost of Halloway including the payment of any Land Transfer Tax and the payment to the Municipality of its reasonable legal costs. DRAINAGE. EROSION CONTROL. GRADING. LANDSCAPING AND SERVICING OF HALLOWAY LANDS 3. Halloway at its cost shall undertake, complete and maintain the grading, construction and installation of the services, works and landscaping required to be implemented in accordance with the following plans and drawings as finally approved by and on file with the Director and the Director of Planning Services: Drawing Title Drawing Dated Last ReviaioD Prepared By No. Date Site Services Plan 8-2 May 2005 February 23, D.G. Biddle & Associates 2007 Limited i Site Grading Plan 8-3 May 2005 February 23, D.G. Biddle & Associates 2007 Limited Erosion and Sedimentation 8-4 May 2005 February 23, D.G. Biddle & Associates Control Plan 2007 Limited Storm Drainage Scheme 8-5 May 2005 February 23, D.G. Biddle & Associates 2007 Limited I Landscaping Concept Plan D I ofl2 February Henry Kortekaas & 2007 Associates Inc. CLARINGTON BOULEVARD WORKS AND STEVENS ROAD DRIVEWAY EXTE"SION WORKS 4. Ca) Schedules "D" to "P' inclusive apply in respect of the Boulevard and Driveway Works, the Boulevard and Driveway Works Performance Guarantee and the Security for the Maintenance Guarantee for the Boulevard and Driveway Works. The Clarington Boulevard Works comprise the Clarington Boulevard-Traffic Island Restoration Works, the Clarington Boulevard-Parking Bump Out Construction Works, and the Clarington Boulevard-Boulevard Works. The Claringlon Boulevard Works and the Stevens Road Driveway Entrance Works are more particularly described in Schedule "D". Cb) Halloway shall undertake, complete and maintain the Claringlon Boulevard Works and the Stevens Road -Driveway Entrance Works (collectively the "Boulevard and Driveway Works") at its cost in accordance with Schedule "E" -4- hereto. On or before the execution of this Subdivision/Consent Agreement by lbe Municipality, Halloway shall deposit cash or an irrevocable unconditionallener of credit with the Municipality in the amount shown in the "Boulevard and Driveway Works Cost Estimate" contained in Schedule "I" hereto as the performance guarantee ("Boulevard and Driveway Works Performance Guarantee") required by Schedule "F" hereto. HIGHWAY No.2 LANDSCAPING AND STREETSCAPING WORKS 5. (a) Forthwith after the execution of this Subdivision/Consent Agreement by the Municipality, Halloway shall pay to the Municipality the Halloway share of the cost of the Highway No.2 Landscaping and Streetscaping Works in the amount of $84,190 inclusive of design, contingencies and GST ("Halloway Share''). The Highway No.2 Landscaping and Streetscaping Works are shown on the drawings contained in Schedule "1" hereto. The Halloway Share is for expenditure by the Municipality on the Works in and north of the traffic control median on Highway No. 2 between Clarington Boulevard and Green Road at precise locations and with design details that will be specified in written notices which shall be given to Halloway by the Director. (b) Forthwith afler the execution of this Subdivision IConsent Agreement by the Municipality, a performance guarantee ("Halloway Share Performance Guarantee") shall be deposited by Halloway with lbe Municipality's Director of FinancelTreasorer by cash in lbe amount of the Halloway Share of lbe cost referred to in paragraph 5(a) or by an irrevocable and unconditional letter of credit in the amount provided for in paragraph 5( a). The Halloway Share Performance Guarantee may be drawn upon by lbe Municipality from time to time to pay for the cost of the construction and installation of those of the Highway No. 2 Landscaping and Streetscaping Works on which the Halloway Share is to be expended under paragraph 5(a). STEVENS ROAD EXTENSION 6. (a) Halloway agrees with the Municipality that the Developer-Funded section of the Stevens Road Extension as defined and provided for in the Stevens Road Extension Agreement is a local service within the meaning of section 59 of the Development Charges Act, 1997, S.D. 1997, c.27, as amended; and (b) Halloway acknowledges that the "Urban Profile Works" on the "Developer- Funded Section" of the Stevens Road Extension as both terms are described and defmed in the Stevens Road Extension Agreement will be designed and constructed on the aforesaid Developer-Funded Section. Halloway shall deposit with the Municipality the "Performance Guarantee" to secure its obligation to pay - 5- for fifty (50%) per cent of the cosl of the aforesaid Urban Protile Works as is required by and in accordance with the Stevens Road Extension Agreement. The terms "Urban Profile Works," "Developer-Funded Section," and "Performance Guarantee" have the same meaning in this Subdivision/Consent Agreement as they have in the Stevens Road Extension Agreement. PRIVATE ROAD C 7. (a) The "Private Road C Improvements" (as hereafter defined) are shown on the Concept Plan for Development. The lands which comprise Private Road C are more particularly described as Parts 16, 17,21 and 22 on Plan 40R-24257. (b) Halloway sball construct at its cost the Private Road C Improvements shown on the Concept Plan for Development in accordance with the construction drawings. specifications, cross-sections and streetscaping improvements including lighting contained in Schedule "F" of the Halloway Principles and landscaping shown on the Landscape Concept Plan referred to in paragraph 3 of this Subdivision/Consent Agreement ("Private Road C Improvements"), to the satisfaction of the Director. The parties agree that any of the foregoing drawings. cross-sections and specifications may be revised in an agreement between Halloway and the Municipality made pursuant to section 4 I of the Planning Act without amendment being made to this Subdivision/Consent Agreement. (c) Halloway agrees that at its cost it will keep the Private Road C Improvements after they have been constructed in a proper state of repair and maintain it in a reasonable and proper manner, provided that Halloway's duty to do so sball terminate on the day on which the Municipality exercises its option to purchase Private Road C in accordance with paragraph 7(b) of the Halloway Principles, and provided further that Halloway shall remain responsible for the cost of the rectification of all deficiencies that heve been identified prior to the day on which the aforesaid option to purchase is exercised in a written notice given by the Director to Halloway, pursuant to paragraph 7(e) of this Subdivision/Consent Agreement. Paragraph 7(e) shaIl apply with all necessary changes to it being assumed to have been made to give effect to this paragraph 7(c). (d) Halloway hereby permits the Municipality, its employees, contractors and agents to enter on and to inspect the state of repair and the maintenance of the Private Road C Improvements from time to time. (e) If any deficiency in the repair or maintenance of the Private Road C Improvements is identified by the Director, he shall forthwith give written notice of the same to Halloway requiring the rectification of such deficiency by a date specified in the written notice. If Halloway fails to rectify the deficiency on or before the date specified in the written notice, the Municipality, its employees, .6- contractors and agents may enter on Private Road C, as the case may be, and cause the deficiency identified in the aforesaid written notice to be rectified at the expense of Halloway. Forthwith after rectifying the deficiency, the Director shall give written notice to Halloway of the cost of rectifying it shall include an allowance of thirty (30%) per cent to be paid to the Municipaiity for its overhead expenses. Forthwith after being given written notice of the cost of rectifying the deficiency as aforesaid, Halloway shall pay the amount in question as a debt owed by Halloway to the Municipality. (I) Notwithstanding paragraph 7(b), Halloway may defer the constrnction and installation of portions of the landscaping and sidewalk on the westerly side of Private Road C which are part of the Private Road C Improvements referred to in paragraph 7(b) until Halloway completes the constrnction of a building or buildings which is on a site on the Halloway Lands which abuts the corresponding portion of the westerly side of Private Road C, provided that the constrnction and installation of such landscaping and sidewalk shall be commenced and completed in accordance with conditions imposed on site plan approval under section 41 of the Planning Act for such building or buildings, and provided further that paragraph 7(c) shall apply with all necessary changes thereto being assumed to have made to give effect to the intent of this paragraph (I). INCORPORATION OF HALLOWAY PRINCIPLES AND STEVENS ROAD EXTENSION AGREEMENT 8. The Halloway Principles and the Stevens Road Extension Agreement are incorporated by reference in their entirety in the operative part of this Subdivision/Consent Agreement. Each of the Municipality and Halloway covenants to observe and perform their respective obligations under the Halloway Principles and the Stevens Road Extension Agreement, as each may be amended, restated, modified, supplemented by them and/or assigned and assumed from time to time. Notwithstanding the foregoing, the Halloway Principles, and the Stevens Road Extension Agreement continue in force and effect and time continues to be of their essence. NOTICE 9. If any notice or other document is required to be or may be given by the Municipality or by any official of the Municipality to Halloway by this SubdivisiOn/Consent Agreement, such notice shall be transmitted by telefax, mailed by first class prepaid post or delivered to: Halloway: 177 Nonquon Road. 20" Floor Ohsawa, ON L1 G 3 S2 OR, Municipality: -7- The Municipality of Clarington 40 Temperance Street Bowmanville, ON LlC 3A6 Attention: Director of Planning Services Fax: 905-623-0830 or such other telefax number or address of which any party has notified the other parties in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the terms 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 may reasonably be anticipated will cause the notice to be received reasonably eXpeditiously by the addressee. FORCE MAJEURE 10. In this Subdivision/Consent 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, earthquake or other casualty, or an Act of God and any act, omission or event whether of the kind herein enumerated or otherwise not within the control of Halloway, none of which has been caused by the deliberate default or act or omission by such party and none of which has been avoidable by the exercise of reasonable effort or foresight by such party. Halloway or the Municipality, as the case may be, shall notify the other parties to this Subdivision/Consent Agreement of the commencement, duration and consequence (so far as the same is within the knowledge of Halloway or the Municipality, as the case may be) of any Force Majeure affecting the performance of any of its obligations hereunder within thirty (30) days of gaining such knowledge. ACTING REASONABLY II. All discretionary decisions by officials of the Municipality referred to in this Subdivision/Consent Agreement shall be deemed to be qualified by the words "acting reasonably". - 8- CHANGES IN NUMBER OR GENDER 12. This Subdivision/Consent Agreement shall be read with all changes of gender or nwnber required by the context in which the words or figures in question appear. ENVREMENT 13. This Subdivision/Consent Agreement shall enure to the benefit of and be binding on the parties hereto, and their respective successors and assigns. STATUS STATEMENT 14. Within ten (10) days of receiving a written request from Halloway, the Municipality shall provide a written statement either confirming that Halloway is in good standing and not in default of any provisions of this Subdivision/Consent Agreement, or setting out the manner and extent to which Halloway is in default. Should the Municipality not respond to said written request from Halloway, Halloway is entitled to rely on such non-response as indicating that Halloway is in good standing and not in default of this Subdivision/Consent Agreement. AUTHORITY OF MUNICIPALITY 15. Halloway acknowledges and agrees that the Municipality has authority to enter into this Subdivision/Consent Agreement. that every provision hereof is authorized by the law and fully enforceable by the parties, and that this Subdivision/Consent Agreement is executed by lhe Municipality in reliance on the acknowledgement and agreement of Halloway as aforesaid. REGISTRATION OF AGREEMENT ON TITLE TO HALLOWAY LANDS 16. Halloway hereby consents to the registration of a Notice of this Subdivision/Consent Agreement on the title to the Halloway Lands. TIME OF THE ESSENCE 17. Time is of the essence of this Subdivision/Consent Agreement. -9- IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the preseDce of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Jim Abernethy, Mayor Patti L. Barrie, Mutticipal Clerk We have authority to bind the Corporation. HALLOWAY HOLDINGS LIMITED. Name: Title: Name: Title: IlWe have authority to bind the Corporation SCHEDULE "A" THIS SCHEDULE IS SCHEDULE" A" to the Subdivision/Consent Agreement which has been authorized and approved by By-law No. 2007-088 of The Corporation of the Municipality of Clarington enacted and passed the 23" day of April, 2007. DescriotioD of the Hallowav Lands Firstly: Part of Lot 16 Concession I in the Municipality of Clarington, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Parts 2,3,4,5 and 6 on Plan 40R-24257, being the whole of PIN 26613-0103 (Ll). Secondly: Part of Lot 16 Concession I in the Municipality ofClarington, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Part I on Plan 40R-24257, being the whole of PIN 26613-0106(Ll). Thirdly: Part of Lot 16 Concession I in the Municipality of Clarington, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Parts 7, 8, 9, 10 and lion Plan 40R-24257, being the whole of PIN 26613-0107(Ll). Fourthly: Part of Lot 16 Concession I in the Municipality ofClarington, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Parts 12 and 13 on Plan 40R-24257, being the whole of PIN 26613-0035 (LT). Fifthly: Part of Lot 16 Concession I in the Municipality of Clarington, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Parts 14, 15, 16, 17 and 18 on Plan 40R-24257, being the whole of PIN 26613-0034 (Ll). Sixthly: Part of Lot 16 Concession I in the Municipality of Clarington, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Parts 19, 20, 21, 22 and 23 on Plan 40R-24257, being the whole of PIN 26613-0033 (Ll). SCHEDULE "BM THIS SCHEDULE IS SCHEDULE "B" to the Subdivision/Consent Agreement which has been authorized and approved by By-law No. 2007-088 of The Corporation of the Municipality ofClarington, enacted and passed the 23" day of April, 2007. DescriDtion of Severed Lands Firstly: Part of Lot 16 Concession I in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Part I on Plan 40R-24257, being the whole of PIN 26613-0106 Secondly: Part of Lot 16 Concession I in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Parts 2, 3 and 4 on Plan 4OR-24257, being Part of PIN 26613-0103 Thirdly: Part of Lot 16 Concession I in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Parts 10 and lion Plan 40R-24257, being Part of PIN 26613-0107 Fourthly: Part of Lot 16 Concession I in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Part 12 on Plan 40R-24257, being Part of PIN 26613-0035 Fifthly: Part of Lot 16 Concession I in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Parts 15 and 16 on Plan 40R-24257, being Part of PIN 26613-0034 Sixthly: Part of Lot 16 Concession I in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Parts 19, 20 and 21 on Plan 40R-24257, being Part of PIN 26613-0033 SCHEDULE "C" THIS SCHEDULE IS SCHEDULE "C" to the Subdivision/Consent Agreement which has been authorized and approved by By-law No. 2007-088 of The Corporation of the Municipality of Clarington, enacted and passed the 23'" day of April, 2007. Provisional Consent of tbe Re2ion of Durham Land Division Committee [Insert Copy] SCHEDULE"D" THIS SCHEDULE IS SCHEDULE "D" to the Subdivision/Consent Agreement which has been authorized and approved by By-law No. 2007-088 of The Corporation of the Municipality of Clarington, enacted and passed the 23" day of April, 2007. DescriotioD of Boulevard aod Drivewav Works The Boulevard and Driveway Works are shown on the Site Services Plan Drawing No. S- 2 which is referred to in paragraph 3 of the Subdivision/Consent Agreement. Schedule "En Page I SCHEDULE ~E" THIS SCHEDULE IS SCHEDULE "En to the Subdivision/Consent Agreement which has been authorized and approved by By-law No. 2007-088 ofTbe Corporation of the Municipality of Clarington, enacted and passed the 23" day of April, 2007. BOULEVARD AND DRIVEWAY WORKS 1. Works Reauired Halloway at its expense shall construct and install the Boulevard and Driveway Works. From the date of issuance of an "Authorization to Commence Works" (as hereafter defined) until the date of issuance of a "Certificate of Acceptance" (also as hereafter defined) of them Halloway shall be fully responsible for the construction and maintenance of the Boulevard and Driveway Works including the cost thereof in accor~ance with the provisions of this Subdivision/Consent Agreement. After the issuance of a Certificate of Acceptance, the Works referred to in such Certificate shall be the responsibility of the Municipality. Halloway shall apply for an Authorization to Commence Works no later than the day on which the home improvement store is opened for retail sales to members of the public. 2. Hallowav's Ene:ineer At all times until this Subdivision/Consent Agreement is released, Halloway shall retain Halloway's Engineer who shall perform the duties set out in Schedule "H" to this Subdivision/Consent Agreement. On the execution of this Subdivision/Consent Agreement and on each occasion on which a new Halloway's Engineer is retained, forthwith after retaining Halloway's Engineer, Halloway shall give the Director written notice of the name, address and telefax number of Halloway's Engineer. No partnership, association of persons or corporation shall be retained as Halloway's Engineer without the prior written approval of the Director. All notices to be given to Halloway's Engineer are properly given if given by personal service, by telephonic facsimile communication, or first class prepaid post addressed to Halloway's Engineer at the address or telefax number provided to the Director pursuant to this paragraph. Forthwith after the Director gives Halloway written notice requiring it to do so, Halloway shall give the Director written notice advising him whether or not the approved Vendor's Engineer continues to be retained by Halloway. 3. DesiR of Boulevard and Drivewav Works (I) Halloway covenants and agrees that the design of the Boulevard and Driveway Works shall conform with all applicable legislation and the Municipality's Design Criteria and Standard Detail Drawings. In the event of any dispute as to such Schedule "En Page 2 requirements or their interpretation, the dispute shall be resolved by the Director whose decision shall be fmal. (2) Halloway shall provide and submit to the Director all necessary Engineering Drawings for the Boulevard and Driveway Works. Halloway shall obtain all approvals for the construction and installation of the Boulevard and Driveway Works as required by this Subdivision/Consent Agreement. 4. Ene:ineerine: Drawino (I) Prior to the issuance of any Authorization to Commence Works, Halloway shall obtain the written approval of the Director of the original copy of all drawings of the Boulevard and Driveway Works (the "Engineering Drawings"). If construction and installation of the Boulevard and Driveway Works has not commenced within two (2) years from the date of approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted to the Director for his reconsideration and approval after any revisions required by the Director have been made to them (the "Reapproved Engineering Drawings"). From and after the approval by the Director of the Reapproved Engineering Drawings, they shall be deemed to be the Engineering Drawings for the purpose of this Subdivision/Consent Agreement, and thereafter all Boulevard and Driveway Works shall be constructed and instailed in accordance with them. Halloway hereby irrevocably assigns to the Municipality without cost to the Municipality the right to use and to reproduce the Engineering Drawings and all reports that relate in whole or in part to the Boulevard and Driveway Works which have been prepared by or for Halloway in connection with the performance of Halloway's obligations under this Subdivision/Consent Agreement. Halloway acknowledges that approval of the Engineering Drawings or reports by the Director shall not relieve Halloway from its obligation to satisfy all requirements of or made pursuant to this Subdivision/Consent Agreement. (2) Prior to the issuance of any Authorization to Commence Works, Halloway shall provide the Director without cost to the Municipality Halloway's Engineer's (I) written acknowledgement that the Engineering Drawings may be used and/or reproduced by the Municipality without cost or prior approval or permission, (2) written permission for the Municipality's officers. employees, agents. contractors and supplier to use the specifications, data, drawings. records and reports whether completed or in progress of completion in satisfaction of Halloway's obligations under the provisions of this Subdivision/Consent Agreement with.out cost or prior approval or permission, and (3) written undertaking to deliver to the Director the original copy of the Engineering Drawings forthwith after being given written notice by the Director requiring Halloway's Engineer to do so, whether or not Schedule "E" Page 3 Halloway's Engineer's fees and disbursements in respect of any of them have been paid. Prior to each occasion on which a new Halloway's Engineer is retained by Halloway and approval of the Director is sought, Halloway shall provide the Director with a similar written acknowledgement and written pennission of the new Halloway's Engineer, provided that if the new Halloway's Engineer is to be retained by the Director on behalf of Halloway, the Director shall obtain from the prospective Vendor's Engineer the aforesaid written acknowledgement and permission. Forthwith after the Director gives Halloway's Engineer written notice requiring them or it to do so, copies of the Engineering Drawings, computer disks, specifications, data, drawings, records and reports referred to in this paragraph shall be provided to the Director without cost to the Municipality. 5. Staeine of Construction of Works Not used 6. Aooroval of Schedule of Works Prior to the issuance of any Authorization to Commence Works respecting any of the Boulevard and Driveway Works, Halloway shall obtain the written approval of the Director ofa draft schedule (the "Schedule of Works") which sets out the time at which, and the sequence in which, Halloway proposes to construct and install each of the Boulevard and Driveway Works. 7. Annroval of Boulevard and Drivewav Works Cost Estimates The Municipality acknowledges that the Director has approved the "Boulevard and Driveway Works Cost Estimates" contained in Schedule "J". 8. Reouirements for Authorization to Commence Works Halloway shall not commence the construction or installation of any of the Boulevard and Driveway Works without the written permission of the Municipality (the "Authorization to Commence Works"). Halloway shall only commence the construction and installation of those Boulevard and Driveway Work, permitted by the Authorization to Commence Works. 9. InsDection and Ston Work Halloway shall ensure that every contract that may be made by Halloway with any contractor to construct or install any of the Boulevard and Driveway Works shall provide that employees or representatives of the Municipality may, at any time, inspect the Boulevard and Driveway Works undertaken by such contractor and shall require the Schedule "E" Page 4 contractor to comply with stop work orders given by the Director pursuant to this paragraph 9. The Director may give Halloway a written order to stop the construction or installation of any of the Boulevard and Driveway Works that is being undertaken by giving written notice either to Halloway or to Halloway's Engineer to that effect if in the Director's opinion either (I) the Boulevard and Driveway Works are not being undertaking such that a completed construction and installation of all the Boulevard and Driveway Works satisfactory to the Municipality in accordance with this Subdivision/Consent Agreement will result, or (2) the Performance Guarantee and the Security for the Maintenance Guarantee required to be provided pursuant to this Subdivision/Consent Agreement in respect of the Boulevard and Driveway Works has not been deposited or is not maintained in good standing. Halloway shall comply with the stop work order forthwith after it is given by the Director in accordance with this paragraph 9 by requiring Halloway's contractor and sub-contractors who are constructing and installing the Boulevard and Driveway Works or components thereof in question and are referenced in the order to comply with it forthwith. A stop work order may be given to Halloway by giving to Halloway's Engineer by personal service on Halloway's Engineer or any representative of Halloway's Engineer, by prepaid first class post addressed to Halloway's Engineer, or by telefax to Halloway's Engineer at the address and telefax number referred to in paragraph 2 of this Schedule. 10. Construction in Accordance with EmdneeriDll Drawino The Boulevard and Driveway Works shall be constructed and installed in accordance with the Engineering Drawings as approved by the Director. No deviation from the Engineering Drawings is permitted unless such deviation is authorized in writing by the Director before it is undertaken. All construction and installation of the Boulevard and Driveway Works shall be undertaken and carried out by Halloway or by Halloway's contractor, as the case may be. in accordance with the regulations for construction set out in Schedule "H" to this SubdivisiOn/Consent Agreement. 11. Sequence of Construction of Works Following the issuance of an Authorization to Commence Works, Halloway shall proceed in good faith to construct and install all of the Boulevard and Driveway Works referred to in the Authorization to Commence Works continuously and in accordance with the timing and sequence therefore set out in the Schedule of Works. 12. ComnletioD Time for Construction of Works Within twelve (12) months of the date of the issuance of an Authorization to Commence Works, Halloway shall complete the construction and installation of the Boulevard and Driveway Works authorized in such Authorization to Commence Works. Schedule "E" Page 5 13. Additional Work Until the conclusion of the Maintenance Guarantee Period referable thereto, ifin the opinion of the Director, any incidental work is required to provide for the adequate operation, functioning and maintenance of any of the Boulevard and Driveway Works, Halloway, at its cost, shall construct and install such additional facilities and perform such additional work as the Director may request from time to time by written notice given to Halloway. 14. Incomplete or FaulIY Works and Liens (1) Without derogating from the other provisions of this Subdivision/Consent Agreement, if, in the opinion of the Director, (1) Halloway is not constructing and installing or causing to be constructed or installed any of the Boulevard and Driveway Works required by this Subdivision/Consent Agreement so that it or they will be completed within the time specified for such completion in the Schedule of Works, or (2) the Boulevard and Driveway Works or any component(s) thereof are being improperly constructed or installed, or (3) Halloway neglects or abandons the said Boulevard and Driveway Works or any part of them before completion, or (4) unreasonable delay occurs in the construction or installation of the Boulevard and Driveway Works, or (5) for any other reason the Boulevard and Driveway Works are not being constructed or installed properly and promptly and in full compliance with the provisions of this Subdivision/Consent Agreement, or (6) Halloway neglects or refuses to reconstruct or reinstall any of the Boulevard and Driveway Works or component(s) thereof which may be rejected by the Director as being defective, deficient or unsuitable, or (7) Halloway otherwise defaults in performance of this Subdivision/Consent Agreement, the Director may give Halloway notice in writing of his opinion respecting any such malter. Following the later to occur of the expiry of ten (10) business days, excluding Saturdays and Sundays and statutory holidays following the giving of such notice plus the expiry of any additional period as may be specified in the notice given to Halloway by the Director, the Municipality, at the cost and expense of Halloway, may engage a contractor, supplier of services or materials and such workme~ and purchase such services, supplies andlor services as in the opinion of the Director are required for the completion of the construction and installation of the Boulevard and Driveway Works and all components thereof and the performance of all covenants of Halloway relating to the Boulevard and Driveway Works as provided by this SubdivisiOn/Consent Agreement. In cases of emergency or urgency, or in order to preserve the integrity of the Boulevard and Driveway Works or any component thereof as determined by the Director in his absolute discretion, any deficiency(s) or defect(s) in the Boulevard and Driveway Works, and any failure to complete Schedule "En Page 6 the Boulevard and Driveway Works and all components thereof in accordance with this Subdivision/Consent Agreement may be corrected, remedied or completed by the Municipality, its contractors, suppliers and employees at the cost of Halloway without prior notice to Halloway, provided that forthwith after the Municipality so acts, the Director sha1I give written notice to Halloway of his determination as aforesaid, describing the action taken by the Director, and the cost of correcting or remedying the deficiency or default in question or the cost of completing the Boulevard and Driveway Works and the components thereof, as the case may be. For the purposes of this paragraph 14(1) the cast of any work which the Municipality undertakes under this paragraph I 4( I) shall be determined by the Director in his absolute discretion. It is understood and agreed by the Parties that the costs for which Halloway is responsible under this paragraph l4(l) shall include a management fee payable to the Municipality either of thirty (30%) percent of the contractor's charges to the Municipality (including any charges far overhead and profit) or, if such work is undertaken by the Municipality, thirty (30%) percent of all costs incurred by the Municipality to correct or remedy the deficiencies or defect or to complete the Boulevard and Driveway Works and all components thereof as the case may be. Halloway shall pay the Municipality an amount equal to the cast of all Boulevard and Driveway Works and components thereof, and the cost of correcting or remedying all deficiencies and defects referred to in this paragraph 14( 1) which have been incurred by the Municipality or are estimated in the Director's absolute discretion to be likely to be incurred by the Municipality forthwith after the Director gives Halloway written demand far payment of such cost If the amount paid is based on the Director's estimate as aforesaid, forthwith after actual costs are knovm the Director shall give Halloway written notice thereof. If the actual casts are more than the estimated costs, Halloway shall forthwith pay the Municipality an amount equal to the difference between them. If the actual costs are less than the estimated casts, the Municipality shall forthwith refund the difference between them to Halloway. (2) In the event (1) a claim for a lien in respect of the Boulevard and Driveway Works or any component thereof is registered against the title to any land vested in or which should have been vested in the Municipality or is filed with the Municipality, or (2) the Municipality receives written notice of a claim of an alleged beneficiary of a statutory trnst under the Construction Lien Act, such registration, filing or notice shall constitute a default in performance by Halloway of this Subdivision/Consent Agreement. In any such case, the Director may notify Halloway in writing of such defauit. If Halloway fails to discharge the lien or the elaim as the case may be within ten (l0) business days, excluding Saturdays, Sundays and statutory holidays, after the giving of such notice plus any further Schedule "E" Page 7 period of time as may be specified in the notice, then the Municipality In its absolute discretion may (1) pay the full amount of the claim and security for costs into a court of competent jurisdiction in order to obtain an order vacating such claim for lien, (2) discharge the claim in full by paying the amount claimed or in part by paying a portion thereof, or (3) draw the full amount of the claim in cash from a letter of credit deposited with the Municipality as the security for the Boulevard and Driveway Performance Guarantee and hold the cash in a deposit account of the Municipality as the security for the Boulevard and Driveway Performance Guarantee in respect of the claim in question. The Municipality may draw on and appropriate the whole or any portion(s) of the Performance Guarantee and the Security for the Maintenance Guarantee for the purpose of making payment under this paragraph 14(2). Halloway shall indemnifY the Municipality against the costs and expense incurred by the Municipality in making a payment pursuant to this paragraph 14(2) forthwith after the Director gives Halloway written notice requiring him to do so. In the event that the Municipality draws on and appropriate any portion of the Boulevard and Driveway Performance Guarantee or the Security for the Maintenance Guarantee for any of the aforesaid purposes, forthwith after the Director gives written notice to Halloway requiring it to do so, Halloway shall reinstate the Boulevard and Driveway Performance Guarantee and/or the Security for the Maintenance Guarantee, as the case may be, to the full amount(s) required under the provisions of this Subdivision/Consent Agreement. 15. Acknowledl!ement Resnectiol! Emere:encv. etc. ReDain Halloway acknowledges that if in cases of emergency or urgency or in order to protect the integrity of the Boulevard and Driveway Works or any component thereof, the Director acts to correct, remedy or repair any deficiency(s) or defect(s) in the Boulevard and Driveway Works, neither on entry on the Boulevard and Driveway Works or any portion of them nor any such action by the Director or any person authorized to undertake the same by the Director shall be deemed to be an acceptance of any of the Boulevard and Driveway Works by the Municipality, nor an assumption by the Municipality of any responsibility or liability in connection therewith, or a release by the Municipality of Halloway from any of its obligations under this Subdivision/Consent Agreement. 16. Damalle to Existioe: Services Forthwith after written demand therefore is given by the Director to Halloway, Halloway shall pay to or to the direction of the Municipality, the cost of repairing any damage to any property or services of the Municipality, the Region, Hydro One or any utility authority or company or (the "Damaged Services") including without limiting the generality of the foregoing, any road(s), water, electrical, gas, telephone, cable television Schedule "E" Page 8 and sewer systems, and the cost of relocating any Damaged Services. caused lw or resulting from the construction or installation of any of the Boulevard and Driveway Works, provided that all such repairs and or relocation(s) are completed to the satisfaction of the Director, the Region and Hydro One or the relevant utility authority or company which owns or is responsible for the Boulevard and Driveway Works, property or services in question. 17. Use of Boulevard and Drivewav Works bv Municinalitv Halloway acknowledges and agrees that any of the Boulevard and Driveway Works may be used by The Municipality and such other person(s) who is (are) authorized by the Municipality for any of the purposes for which the Boulevard and Driveway Works are designed, without interference by Halloway, and without the payment of any fee or compensation to Halloway, and for such purposes the Municipality and other person( s) authorized by the Municipality may enter upon the portion of Halloway Lands on which any of the Boulevard and Driveway Works are located. 18. Requirements for Certificate of Comnletion Halloway acknowledges and agrees that the construction and installation of any of the Boulevard and Driveway Works authorized in an Authorization to Commence Works shall not be deemed to be completed for the purposes of this Subdivision/Consent Agreement until the Director has provided Halloway with written certificate that such is the case (the "Certificate of Completion"). In addition to satisfying the other requirements of this Subdivision/Consent Agreement respecting its issuance, a Certificate of Completion shall not be issued until such of the Boulevard and Driveway Works authorized by the Authorization to Commence Works for which a Certificate of Completion is required, have been inspected by the Director, and he is satisfied such Boulevard and Driveway Works have been constructed and installed in accordance with the Engineering Drawings and has received all certificates and confirmations from Halloway's Engineer as provided for in this Subdivision/Consent Agreement. 19. Requirements for Certificate of Accentance Halloway acknowledges and agrees that the none of the Boulevard and Driveway Works covered by a Certificate of Completion shall be accepted, nor deemed to be accepted for the purpose of this Subdivision/Consent Agreement until the Director has provided Halloway with written certificate that the Boulevard and Driveway Works in question have been accepted (the "Certificate of Acceptance''). If the Director is of the opinion that the Boulevard and Driveway Works in question have been properly maintained and all deficiencies and defects in such Boulevard and Driveway Works have been remedied and corrected by Halloway on behalf of the Municipality, the Director Schedule "E" Page 9 shall provide Halloway with a Certificate of Acceptance of the relevant Boulevard and Driveway Works. 20. Ownersbin of Boulevard and Drivewav Works by Mnnicinalitv For greater certainty, Halloway acknowledges and agrees lbat lbe Municipality is the owner of all of lbe Boulevard and Driveway Works covered by a Certificate of Acceptance. Halloway shall have no right or claim lbereto, olber than as specifically agreed to between Halloway and lbe Municipality in writing. 21. Road Damae:e Guarantee Prior to the issuance of an Authorization to Commence Works by the Director for the construction and installation of lbe Boulevard and Driveway Works, Halloway shall deposit Five Thousand ($5,000.00) Dollars wilb lbe Municipality which may he drawn upon by lbe Municipality to indemnify itself against any cost lbat lbe Municipality incurs in repairing damage caused by Halloway to Clarington Boulevard and/or Stevens Road Extension in constructing and installing any of lbe Boulevard and Driveway Works. The deposit or so much of it as is not drawn upon for the aforesaid purpose shall be repaid by the Municipality to Halloway wilbout interest when lbe Security for lbe Maintenance Guarantee of lbe Boulevard and Driveway Works is repaid by lbe Municipality to Halloway. Schedule "F " Page I SCHEDULE "F" THIS SCHEDULE IS SCHEDULE "F" to the Subdivision/Consent Agreement which has been authorized and approved by By-law No. 2007-088 of The Corporation of the Municipality of Clarington, enacted and passed the 23'" day of April, 2007. BOULEVARD AND DRIVEWAY WORKS PERFORMANCE AND MAINTENANCE GUARANTEE 1. Boulevard and Drivewav Works Performance Guarantee Reouired (a) Prior to the date of issuance of any Authorization to Commence Work, Halloway shall deposit with the Municipality, cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "I" of the Bank Act, acceptable to the Municipality's Director of Financeffreasurer, and containing terms satisfactory to the Municipality's Director of FinancelTreasurer ("Boulevard and Driveway Works Performance Guarantee"). The Boulevard and Driveway Works Perfonnance Guarantee shall be in the amount determined by the Director to he the amount required to secure to the Municipality the perfonnance by Halloway of its covenants contained in this Subdivision/Consent Agreement to construct and install the Boulevard and Driveway Works. (b) Without limiting the generality of the foregoing, in making his detennination, the Director shall have re8ard for the "Boulevard and Driveway Works Cost Estimate" or the "Revised Boulevard and Driveway Works Cost Estimate" (both terms as hereafter defined) whichever is applicable, for the construction and installation of the Boulevard and Driveway Works which either application has been made by Halloway to the Director for the issuance of an Authorization to Commence Works or an Authorization to Commence Warks has been issued by the Director. (c) If from time to time following the issuance of any Authorization to Commence Works the Director is of the opinion that the amount of the Boulevard and Driveway Works Perfonnance Guarantee should be increased in order to protect the Municipality's interests under this Subdivision/Consent Agreement, the Director shall consider and, acting reasonably, approve a Boulevard and Driveway Revised Works Cost Estimate which on his approval shall he deemed to he the Boulevard and Driveway Works Cost Estimate for the purposes of this Subdivision/Consent Agreement. Forthwith after the Director approves a Boulevard and Driveway Revised Works Cost Estimate, he shall give to Halloway written notice of his decision and a copy of the Boulevard and Schedule <IF " Page 2 Driveway Revised Works Cost Estimate, Halloway shall deposit with the Municipality cash or an unconditional and irrevocable letter of credit in such amount issued by a bank listed in Schedule "I" of the Bank Act that is acceptable to the Municipality's Director of Financeffreasurer and which contains terms satisfactory to the Municipality's Director of Financelfreasurer. (d) In the event that Halloway does not increase the amount of the Boulevard and Driveway Works Perfonnance Guarantee for a period of thirty (30) day' following the giving of written notice by the Director to Halloway requiring an increase in the amount of the Boulevard and Driveway Works Perfonnance Guarantee, any Authorization to Commence Work that has been issued shall terminate. (e) The Director shall give Halloway written notice that the Boulevard and Driveway Works have been completed. No later than the expiry of the ten (10) day period following the date on which this written notice is given to Halloway of the as-constructed costs of the Boulevard and Driveway Works. If the as-constructed costs of these Boulevard and Driveway Works as detennined by the Director ("As-Constructed Co,ts") exceeds the then current Boulevard and Driveway Work Cost Estimate, forthwith after written demand is given to it by the Director, Halloway shall pay to the Municipality any amount by which such As-Constructed Costs exceeds the then current Boulevard and Driveway Works Cost Estimate of the As-Constructed Costs of the Boulevard and Driveway Work,. 2. Use of Boulevard and Drivewav Works Performance Guarantee (a) From time to time the Municipality may appropriate the whole or anyone or more portions of the Boulevard and Driveway Works Performance Guarantee up to an amount(,) determined by the Director, which in aggregate shall not exceed the amount(,) which in the opinion of the Director is required to remedy Halloway's breach(e,) or default(s) of or under the provisions of the Subdivision/Consent Agreement. Forthwith after making each such appropriation, the DireCtor shall give Halloway written notice thereof and Halloway shall forthwith reinstate the Boulevard and Driveway Works Perfonnance Guarantee to the full amount required by this Subdivision/Consent Agreement. (b) If the whole or any portion of the Boulevard and Driveway Works Perfonnance Guarantee is appropriated by the Municipality as aforesaid and is not fully expended by the Municipality, Halloway agrees with the Schedule "F .. Page 3 Municipality that Halloway will not require the Municipality to pay interest on any portion of it for the period in which it is held by the Municipality and deposited by the Municipality in an interest bearing accowlt in the name of the Municipality, in the event that an amount equal to the appropriate or any part of it is paid by the Municipality either to Halloway, to the bank which issued the letter of credit for deposit as the Boulevard and Driveway Works Performance Guarantee, as directed by Halloway or the bank, as the case may be. 3. Indemnification of MunieiDalitv Halloway shall defend, indemnity and save the Municipality hannless from and against all actions, claims, liabilities, losses, damages and expenses including reasonable legal fees which arise by reason of or are caused in whole or in part by the making and/or the implementation of this Subdivision/Consent Agreement, or the design, construction and installation, supervision of construction and installation, inspection, and/or maintenance of the Boulevard and Driveway Works by Halloway, its employees, contractors, suppliers of services or materials, Halloway's Engineer, Halloway's Engineer's employees, and Halloway's licensees. 4. Insurance Halloway shall obtain and maintain and deposit the proof thereof as required by and in accordance with Schedule "]" of this Subdivision/Consent Agreement. 5. Maintenance Guarantee Reauired (I) From the date of issuance of an Authorization to Commence Boulevard and Driveway Works until the date of issuance of a Certificate of Acceptance of the Boulevard and Driveway Works or particular component(s) of the Boulevard and Driveway Works, Halloway agrees with the Municipality to promptly correct, remedy, repair or replace any portion or component of the Boulevard and Driveway Works in question that the Director determines to be defective or deficient having regard to the provisions of this SubdivisiOn/Consent Agreement at Halloway's cost (the "Maintenance Guarantee"). The amount of the required Maintenance Guarantee shall be determined in accordance with paragraph 5(1) of this Schedule. Halloway shall be given written notice of any such deficiency or defect by the Director forthwith after he identifies the same. Halloway shall deposit or leave on deposit with the Municipality, cash or an irrevocable and unconditional letter of credit by a bank listed in Schedule "I" of the Bank Act acceptable to the Municipality's Director of Financeffreasurer and containing terms satisfactory to the Municipality's Director of Financeffreasurer, as security for the Maintenance Guarantee (the "Security for the Maintenance Guarantee"). Schedule "F .. Page 4 (2) The Maintenance Guarantee expires on the later to occur of (1) the date of issuance of the Certificate of Acceptance of the Boulevard and Driveway Works, and (2) the day which conunences on the date of the issuance of the Certificate of Completion of the Boulevard and Driveway Works and is two (2) yean; following the date of its conunencement. 6. Use of Maintenance Guarantee From time to time, the Municipality may appropriate the whole or any part of the Security for the Maintenance Guarantee if Halloway fails to pay any cost(s) payable by Halloway to the Municipality under this Subdivision/Consent Agreement. The amount(s) of such appropriatioo shall not exceed the amount(s) which in the opinion of the Director are required to remedy Halloway's breach(es) or default(s) as determined by the Director of correcting or remedying a deficiency(s) or defect(s) in the Boulevard and Driveway Works or a portion or component thereof, which is covered by the Maintenance Guarantee and is in question. Forthwith after the Municipality makes any such appropriation, the Director shall give Halloway written notice thereof. Forthwith, after the giving of such notices, Halloway shall restore the Security for the Maintenance Guarantee to the full amount required by this Subdivisioo/Consent Agreement. 7. Reduction and Release of Boulevard and Drivewav Works Performance Guarantee (a) Prior to the release of the Boulevard and Driveway Works Performance Guarantee, in the discretion of the Director, the amount of the Boulevard and Driveway Works Performance Guarantee may be reduced, from time to time, to reflect the progress of completion of the Boulevard and Driveway Works and other facilities and improvements which are required to be constructed and installed by Halloway after taking into account any outstanding claims the satisfaction of which is provided for in this Subdivision/Consent Agreement. The maximum reduction that may be permitted to be made by the Director is such that will leave on deposit with the Municipality as the Boulevard and Driveway Works Performance Guarantee is the amount equal to the sum of (I) the value of the uncompleted Boulevard and Driveway Works as determined by the Director having regard for the Boulevard and Driveway Works Cost Estimate then in force plus any amount determined by the Director but not to exceed twenty (20%) percent of such value as a completion allowance payable to the Municipality, and (2) as the Maintenance Guarantee fifteen (15%) percent of the value of the completed Boulevard and Driveway Works, also determined by the Director after considering the material, if any, submitted to the Director by Halloway's Engineer in support of an Schedule "F " Page 5 application for reduction of the Boulevard and Driveway Works Performance Guarantee in respect of the Boulevard and Driveway Works that have been completed by Halloway as well as the contract documents, sub-contracts and supply contracts pertaining to the Boulevard and Driveway Works and the provisions of the Construction Lien Act. (b) Halloway will not require the Municipality to release to Halloway any unused portion of the Boulevard and Driveway Works Performance Guarantee until each of the following conditions is satisfied: (i) A Certificate of Completion has been issued for the Boulevard and Driveway Works for which the Boulevard and Driveway Works Performance Guarantee was initially required to be deposited with the Municipality. (ii) Halloway has deposited or has left on deposit with the Municipality the Maintenance Guarantee applying to the Boulevard and Driveway Works for which the Boulevard and Driveway Works Performance Guarantee initially was required to be deposited with the Municipality. (iii) The Director is satisfied that in respect of the construction and installation of the Boulevard and Driveway Works for which such Boulevard and Driveway Works Performance Guarantee was initially required to be deposited with the Municipality, there are no outstanding claims relating to such Boulevard and Driveway Works. (iv) The Municipality is satisfied that there are no outstanding claims relating to the Boulevard and Driveway Works which the Municipality is required or may be permitted to pay either under the provisions of the Construction Lien Act or otherwise. (v) The Municipality is satisfied that Halloway is not in breach of any of its covenants contained in this Subdivision/Consent Agreement. 8. Reduction and Release of Maintenance Guarantee Halloway will not require the Municipality to release to Halloway the Security for the Maintenance Guarantee until each of the following conditions is satisfied: Schedule "F " Page 6 (a) A Certificate of Acceptance has been issued for the Boulevard IIlId Driveway Works for which such Maintenance Guarantee is required under this Subdivision/Consent Agreement. (b) The Municipality is satisfied that there are not outstanding claims relating to such Boulevard and Driveway Works which the Municipality is required or may be permitted to pay either under the provisions of the Construction Lien Act or otherwise. (c) The Municipality is satisfied that Halloway is not in breach of any of its covenants contained in this Subdivision/Consent Agreement. . (d) The Director has received the as-constructed drawings for such Boulevard and Driveway Works from Halloway as well as the computer disks, if any, have been prepared by Halloway's Engineer. 9. Unoaid Monies Except as otherwise provided in this Subdivision/Consent Agreement, the due date of any money payable under it, unless a different due date is specified in this Subdivision/Consent Agreement, shall be thirty (30) days after the date of the giving of the written invoice to Halloway. Interest shall be calculated and be paid by Halloway to the Municipality on all sums of money of which Halloway is in default at the same rate, and in the same manner, and at the same time as is the case with Municipality taxes which are in arrears at the date on which the default in question commences. Schedule "0" Page I SCHEDULE"G" THIS SCHEDULE IS SCHEDULE "G" to the Subdivision/Consent Agreement which has been authorized and approved by By-law No. 2007-088 of The Corporation of the Municipality ofClarington, enacted and passed the 23" day of April, 2007. DUTIES OF HALLOWAY'S ENGINEER 1. RESPONSIBILITY FOR DESIGN ETC. In addition to the other requirements of this Subdivision/Consent Agreement, Halloway's Engineer shall prepare all drawings. plans, studies, reports, estimates, calculations and documentation for the consideration and approval of the Director. The approval of the Director shall not absolve or release Halloway or Halloway's Engineer of the responsibility and liability for any errors or omissions in the ahove drawings, plans, reports, stages or documentation or from liability for any damage or loss caused or resulting directly or indirectly by Halloway's Engineer. 2. REPRESENT HALLOWAY AND OBTAIN MUNICIPALITY APPROVALS Halloway's Engineer is hereby authorized by Halloway to act as Halloway's representative in all matters pertaining to the design, construction and installation of the Boulevard and Driveway Works and the overall management of the development, and shall co-operate with the Municipality and the Director to protect the interests of the Municipality and the general public in all matters relating to the design, construction and installation of the Boulevard and Driveway Works. 3. PROVIDE RESIDENT SUPERVISION Halloway's Engineer shall provide fully qualified, experienced supervisory layout and inspection staff, acceptable to the Director, to provide continuous inspection service during all phases of the construction and installation of the Boulevard and Driveway Works. Without limiting the generality of the foregoing, Halloway's Engineer shall be responsible for the following: (a) To carry out or arrange for the carrying out by qualified personnel offield layout including the provision of line and grade to the contractors and, where required, restaking. Schedule "0" Page 2 (b) To thoroughly inspect the construction, installation, and supply of materials to ensure that all work is being performed in accordance with the Engineering Drawings, the Municipality's Design Criteria and Standard Drawings, and applicable plans of survey, as the case may be, and all applicable law. Halloway's Engineer shall have the authority and responsibility to immediately stop and/or reject any work, procedure, or material which in his opinion does not comply with the Engineering Drawings, the Municipality's Design Criteria and Standard Drawings, the applicable plans of survey and/or the applicable law. (c) To provide co-ordination and schednling of the construction and installation of the Bonlevard and Driveway Works in accordance with the timing provisions contained in this Subdivision/Consent Agreement and the requirements of the Director. (d) To investigate and immediately report to the Director any unusual circumstances, potential problems, conflicts, errors, defective work or material which may arise during the construction and installation of the Boulevard and Driveway Works. (e ) To obtain field information during and upon completion of the construction and installation of the Bonlevard and Driveway Works required to modify the Engineering Drawings to produce the as- constructed drawings of the Boulevard and Driveway Works. 4. MAINTAIN RECORDS Halloway's Engineer shall maintain all records, data, reports, approvals and orders pertaining to the construction and installation including all contract documents, sub-contracts and supply contracts, payment certificates, payment records and receipts, certificates of substantial performance, the names and addresses of all contractors, sutrcontractors and suppliers of. materials and services, certificates of completion of sub-contracts and proof of service and publication thereof in accordance with the provisions of applicable legislation and make all of the foregoing available for examination by the Director as required by the Director without cost. If any change is made in the terms of a contract, sub- contract or supply contract or in the name or address of a contractor, sub- contractor and supplier from information that may not have been provided to the Director by Halloway or Halloway's Engineer pursuant to this Subdivision/Consent Agreement, Halloway's Engineer immediately after becoming apprised of each change shall give the Director written notice of it. Schedule "H" Page I SCHEDULE"H" THIS SCHEDULE IS SCHEDULE "8" to the Subdivision/Consent Agreement which has been authorized and approved by By-law No. 2007-088 of The Corporation of the Municipality of Clarington, enacted and passed the 23'" day of April, 2007. REGULATIONS FOR CONSTRUCTION 1. RESPONSIBILITY FOR DESIGN All work pursuant to and associated with this Subdivision/Consent Agreement shall be carried out in strict conformity with all approved Engineering Drawings, the Municipality's Design Criteria, Standard Drawings and Specifications or any revisions thereof and all applicable legislation, in addition to any requirements set out in this Subdivision/Consent Agreement. 2. SAFETY Halloway shall ensure that all construction pursuant to and associated with this Subdivision/Consent Agreement is carried out in conformance with the Occupational Health and Safety Act, and other applicable legislation. 3. PERMITS AND APPROVALS Halloway shall ensure that any and all permits and approvals required to install or construct or prepare to install or construct any of the Boulevard and Driveway Works pursuant to or associated with any part of this Subdivision/Consent Agreement have in fact obtained and are valid and in good standing. 4. REOUlREMENTS FOR BLASTING Not Used. 5. REMOVAL OF TOPSOIL Halloway shaIl not remove any topsoil from the Halloway Lands except for construction purpose and such topsoil must remain within the limits of the Halloway Lands unless otherwise approved by the Director. Schedule "H" Page 2 6. DUMPING OF FILL OR DEBRIS Halloway agrees to neither dump, nor permit to be dumped, any fill or debris, on nor to remove, or permit to be removed any fill from any part of the Halloway Lands to be dedicated to the Municipality other than the roads within the limits of the Halloway Lands, without the written consent of the Director. 7. DISPOSAL OR CONSTRUCTION GARBAGE Halloway sball remove and dispose of all construction garbage and debris from the Halloway Lands in an orderly and sanitary fashion in a dump site off the Halloway Lands and approved by the Director. The Municipality shall not be responsible for the removal or disposal of garbage and debris. Without derogating from the foregoing provisions of this paragraph, if Halloway fails to remove construction garbage or debris from the Property for a period of three (3) consecutive days following the giving of written notice by the Director to Halloway requiring it to do so, the Director may cause the construction garbage or debris to be removed to and disposed of in the aforesaid dumping site at the expense of Halloway. Forthwith after the Director gives written notice to Halloway requiring it to pay for the costs incurred in removing and disposing of the construction garbage or debris, Halloway shall pay the Municipality the amount of money for it is invoiced. 8. OUALIT ATIVE AND OUANTIT ATIVE TESTS Not used. 9. WEED AND RAT CONTROL After the commencement of construction Halloway shall institute upon the Halloway Lands a program of weed and rat control to the satisfaction of the Director. Schedule "I" Page I SCHEDULE "I" THIS SCHEDULE IS SCHEDULE "I" to the Subdivision/Consent Agreement which has been authorized and approved by By-law No. 2007-088 of The Corporation of the Municipality ofClarington, enacted and passed the 23'. day of April, 2007. Schedule "I" Pa~e 2 5.0 Summary. Construction COlli 5.1 Clarington Boulevard - Parking Island Restoration $ 26,500.00 5.2 Clarington Boulevard - Parking Bump Out Conslruction S 4,950.00 5.3 Clarington Boulevard - Boulevard Works S 13,200.00 5.4 Stevens Road. Driveway Entrance $ 5,227.50 Sub-Total S 49,877.50 5.5 5% Contingencies $ 2,493.88 Sub-Total $ 52,371.38 5.6 10% Engineering $5,237.14 Sub-Total S 57,608.51 5.7 6% GST $ 3,456.51 55 Total Estimated ConlStructlon Costs $ 61 ,065.02 SCHEDULE "J" THIS SCHEDULE IS SCHEDULE "J" to the Subdivision/Consent Agreement which has been authorized and approved by By-law No. 2007-088 of The Corporation of the Municipality of Clarington, enacted and passed the 23'" day of April, 2007. Hi2hwav No.2 Landscanint! and Streetscaomil! DrawinllS Bowmanville West Town Centre Streetscape Implementation Plan H~fh'1~1Y 2 - from Clarington B011~~ard to Green Roac:t j ~r}.~^} N. ~>.c. ,"; l > ~qH "O~ i'7-~ "1 . ...)t~ grl'l .: j I \ < i~ ~ ~if.----j> Decorative n\~diQ~ Lighting ~J~~l ...'... J~~~~~ j~1 i I ~ i ! -,,-"'1, ~. L:'~2~~~.'::': ., l,'L. ..,1; ; f"C:.~.... ....."",. ~Iil '" :;;;:-"::~':~" ~.~ '. I :''C'='c::. Hig hwa " >---'J. ~ Y2 " '~r"7;S;~ "', -']1";'<1:/ :/""h:---.__~'" 'i,' ,-,,;i .(,,' -:llif iM,--~ "'," , 'li'.'," J'" ..' W )lirr ~ ,1'lll; I ;'-/ : ~nnsl" . J!-; \~_;> L____." ,->' l '.'Ii?rl'. ,,"'1\ Shp1ter . \:' p't..,..--- ~, :,f,~~ .: I 'filii;l:i. '.ft.,..I...... m~'~_.: .J: . ~" -mI,';>! D H'] 'i"...,. - '; 111~ :-;1. 'Ii, - i;J~ ~Ij i:)'h ',,1'\, rtrra .11~ l,.....>. 14:~ I'\lrt;~ -lj+4' , t~ll ;01-;& , ) ';. J "i''''" ",.:. I Unit Pavers in the Median I. I ri... ".......etrenche...s. ,~.the Blvd ,,, '" Prepared bt . Planning Department staff based on the Str_tscape Implementation Plan of Brook Mcilroy Inc, Date. April 03, 2007 Bowmanville West Town Centre STREETSCAPE IMPLEMENTATION PLAN Draft Document - Final Draft (April 2007) prepared by Brook Mcilroy Inc. for the Municipality of Clarington .' ..1 ~ ..... "... I . .. .".. :.,.,_,,~::0_.~,,- [.~ , "" -- -- ... A..-_ ~ ";.1=. 11 .. " .. .. ~ ., .,c - - T.p:';;:;;' Jctat' {O.. t'" ~H ~ mea./! G'~;.t'1ftl1llCf 2. ASSUMPTION AGREEMENT PRINCIPLES OF UNDERSTANDING THIS ASSUMPTION AGREEMENT made as of the 23" day of April, 2007. BET WEE N: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called tbe "Municipality") OF THE FIRST PART - and- HOME DEPOT HOLDINGS INC, (hereinafter called "Home Depot") OF THE SECOND PART - and- HALLOWAY HOLDINGS LIMITED (hereinafter called "Halloway") OF THE THIRD PART WHEREAS: A Halloway and the Municipality entered into Principles of Understanding ("Halloway Principles") dated March I, 2006. The Halloway Principles are registered as Instrument No. DR513890 in the Land Registry Office for the Land Titles Division of Durham (No. 40) ("Land Registry Office"). B. The lands to which the Halloway Principles apply are morc particularly described in Schedule "A" hereto f'Halloway Lands"). C The lands to which this Assumption Agreement applies are the portion of the Halloway Lands more particularly described in Schedule "B" hereto ("Severed Lands"). Attachment 4 To PSD-048-07 -2- D. On January 15, 2007, the Regional Municipality of Durham's Land Division Committee under its file LD016/2006 gave its provisional consent ("Provisional Consent") under section S3 of tile Planning Act, R.S.O. 1990, c.P.l3, as amended, to the transfer by Halloway of the part of the Halloway Lands referred to herein a the "Severed Lands". A copy of the Provisional Consent is contained in Schedule "e" to the Subdivision/Consent Agreement dated April 23, 2007 betw'ccn the Municipality and Halloway which is registered in the land Registry Office as Instrument No. ("Subdivision/Consent Agreement"). (The portion of the Halloway lands that is not within the Severed Lands is referred to hereinafter as the "Retained Lands".) E. Halloway intends to transfer the Severed Lands to Home Depot in fee simple reserving therefrom certain easements which are intended to be appurtenant to the remaining portion of the Halloway Lands the title to which is vested in Halloway ("Retained Lands"). Halloway also intends to transfer to Home Depot ccrtain easements in the Retained Lands which are intended to be appurtenant to the Severed Lands. F. This Assumption Agreement is made pursuant to paragraph 16 of the HaHoway Principles. G. The execution of this Assumption Agreement by the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington is authorized by By-law 2007-089 passed by the Municipality's Council at its meeting on April 23, 2007. NO\V THEREFORE in considcration ofthc premises herein contained and the sum of TVv'O DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by each of the Parties is hereby acknowledged) each of the Parties covenants and agrees with the other Parties as follows: HALUnVAY PRINCIPLES I. The parties acknowledge that the Halloway Principles cannot be unwound pursuant to paragraph 2 thereof and that they cannot be terminated pursuant to paragraph 22- thereof. Consequently, the parties acknowledge that the Halloway Principles are in full force and effect. - 3- St:BllIVISION/CONSENT AGREEMENT 2. The parties acknowledge that the Subdivision/Consent Agreement made between the Municipality and Halloway satisfies the requirements of paragraph 4 of the Halloway Principles. PARAGRAPHS 8 AND 10 OF THE HALWW A Y PRINCIPLES 3. The parties acknowledge that the requirements of paragraphs 8 and 10 of the Halloway Principles, including without limitation the payment by Halloway to the Municipality of the sum of Two Hundred Thousand ($200,000.00) Dollars referred to in paragraph 8 of the Halloway Principles, have been satisfied. PRIVATE ApPEALS TO HIE ONTARIO MUNICIPAl.. BOARD 4. The parties acknowledge that Halloway's appeals to the Ontario Municipal Board which are referred to in paragraph 18 of the Halloway Principles have been withdrawn by Halloway and that the requirements of the aforesaid paragraph 18 have been satisfied. PAYMENTS TO THE MUNICIPALITY TO ASSIST BIAs AND/OR TO IMPLEMENT COMMUNITY IMPROVEMENT PLAN 5. The Municipality acknowledges that Halloway has paid the sum of Seventy Thousand ($70,000.00) Dollars to the Municipality pursuant to paragraph 21{d) of the Halloway Principles and that the obligations of Halloway to the Municipality pursuant to paragraphs 21{a), (b), (c) and (d) have been satisfied. ASSUMPTION OF OBLIGATIONS BY HOME DEPOT 6. Without derogating from the provisions of paragraphs 3, 4 and 5 of this Assumption Agreement., pursuant to paragraph 12(a) of the Halloway Principles, Home Depot hereby assumes all of HaUoway's obligations to the Municipality under the provisions of the Halloway Principles, including without limitation the obligations under paragraph 16 of the Halloway Principles, as Halloway's obligations apply to or in respect of the Severed Lands. REGISTR,\TlO:'ol OF ASSU;\1PTION AGREI:i:MENT ON TITLE 7. Home Depot hereby consents to the registration of a Notice of this Agreement on the Title to the Severed Lands. -4- FURTIIER ASSURANCES 8. The parties hereto covenant and agree, after a request in writing by any party to the other parties, to forthwith execute and provide all further documents, instruments and assurances as may be necessary or required in order to carry out and give effect to the true intent of these presents, and to effect the registration against and release from title to the lands subject to this Assumption Agreement of such notices or other instruments in accordance with the provisions of this Assumption Agreement. HALLOWAY PRINCIPLES A~D SUBDIVISION/CONSENT AGREEMENT 9. Except as otherwise expressly provided in this Assumption Agreement, nothing contained in this Assumption Agreement shaU derogate or shall be deemed to derogate from the provisions of any of the Halloway Principles dated March 1, 2006, and the Subdivision/Consent Agreement, and the Site Plan Agreement made between the Municipality and Halloway dated April 23, 2007. Time shall be and continue to be of the essence of each of these Agreements. ENUREMENT to. This Assumption Agreement shall enure to the benefit of and be bind the parties hereto, their respective successors and assigns. LA\VSOJo' ONTARIO ApPLY It. The parties agree that this Assumption Agreement shall be interpreted, applied and enforced in accordance with the Jaws of the Province of Ontario and without limiting the generality of the foregoing, the laws of the Province of Ontario shall he applied to determine the rights and duties of the parties hereunder. NOTICE J 2. If any notice or other document is required to be or may be given by the Municipality or by any official of the Municipality to Halloway and/or to Home Depot by this Assumption Agreement, such notice shall be mailed by first class prepaid post, mailed by first class registered prepaid post, or delivered to: The Municipality: The Municipality ofCtarington 40 Temperance Street Rowmanville, ON LIe 3A6 Attention: Director of Planning Sen<ices Fax: 905-623-0830 - 5- OR, Home Depot: do Home Depot U.S.A. Inc. 2455 Paces Ferry Road North West Building C, 20th Floor Atlanta, Georgia 30339 U.SA Attention: Mike McGuire, Vice President Real Estate Law OR, Halloway: 177 Nonquon Road. 20th Floor Ohsawa, ON LI G 352 or such other telefax number or address of which any party has notifLed the other parties in writing. Any such notice if mailed by first class prepaid post or delivered shall be deemed good and sufficient notice under the terms of this Assumption Agreement on the day on which it is received, if it is delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays) otherwise such notice shall be deemed to be received on the next following business day (excluding Saturdays, Sundays and statutory holidays) after the day on which in fact it was delivered. If such notice is mailed by first class prepaid registered mail, it shall be deemed to have been received on the third business day (excluding Saturdays, Sundays and statutory holidays) following the day on which it is mailed. 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 bc sent by an alternate means of transportation which may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. FORCE MAJEURE: 13. In this Assumption 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, earthquake or other casualty, or an Act of God and any act, omission or event whether of the kind herein enumerated or otherwise not within the control of Home Depot and Halloway, none of which has been caused by the deliberate default or act or omission by such parties and none of which has been avoidable by the exercise of reasonable effort or foresight by such parties. lIo me Depot, Halloway or the Municipality, as the case may be, shaH notify the other parties to this Assumption Agreement ofthe commencement, duration and consequence (so far as the same is within the knowledge of Halloway or the Municipality, as the case may be) of any Force - 6- Majeure affecting the performance of any of its obligations hereunder within thirty (30) days of gaining sllch knowledge. IN WITNESS \VHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk We have authority to bind the Corporation. HOME DEPOT HOLDINGS INC. Thomas K. Anderson, Corporate Counsel- Real Estate Law I have authority to bind the Corporation. HALLOWAY HOLDINGS LIMITED Name: Title: Name: Title: IJW e have authority to bind the Cmporation. SCHEDULE "A" Lel!:al DescriDtion ofthe Hallowav Lands Firstly: Part of Lot 16 Concession 1 in the Municipality of Clarington, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Parts 2, 3, 4, 5 and 6 on Plan40R-24257, being the whole of PIN 26613-0103 (LT). Secondly: Part of Lot 16 Concession 1 in the Municipality of CIa ring ton, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Part I on Plan 40R-24257, being the whole of PIN 26613-0106(LT). Thirdly: Part of Lot 16 Concession I in the Municipality ofClarington, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Parts 7,8,9, 10 and I Ion Plan 40R-24257, being the whole of PIN 26613-0107(LT). Fourthly: Part of Lot 16 Concession I in the Municipality of Clarington, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Parts 12 and 13 on Plan 40R-24257, being the whole ofplN 26613-0035 (LT). Fifthly: Part of Lot 16 Concession I in the Municipality of Clarington, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Parts 14, 15, 16, 17 and 18 on Plan 40R-24257, being the whole nf PIN 26613-0034 (LT). Sixthly: Part of Lot 16 Concession 1 in the Municipality of Clarington, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Parts 19,20,21,22 and 23 on Plan 40R-24257, being the whole of PIN 26613-0033 (LT). SCHEDULE "8" Descriotion of Severed Lands Firstly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly Geographic Township of CIa ring ton), designated as Part 1 on Plan 40R-24257, being the whole of PIN 26613-0106 Secondly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Parts 2, 3 and 4 on Plan 40R-24257, being Part of PIN 26613-0103 Thirdly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Parts 10 and 11 on Plan 40R.24257, being Part of PIN 26613-0107 Fourtbly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Part 12 on Plan 40R-24257, being Part of PIN 266 I 3-0035 Fifthly: Part of Lot 16 Concession] in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Parts 15 and 16 on Plan 40R-24257, being Part ofPlN 26613-0034 Sixthly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly Geographic Tow-nship of Clarington), designated as Parts 19, 20 and 21 on Plan 40R-24257, being Part o[PIN 26613-0033 N,\r.estate'maltcf,\0707Q4\J\.fain MallersIBowmanvilleVl.greernerlls\Assumption Agreement. Principles ofUnderstandingVl.ssumption Agr-v5 (flnal),doc ASSUMPTION AGREEMENT STEVENS ROAD EXTENSION AGREEMENT THIS ASSUMPTION AGREEMENT made as of the 23" day of April, 2007. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART ~ and- HOME DEPOT HOLDINGS INC. (hereinafter called "Home Depot") OF THE SECOND PART - and- HALLOWAY HOLDINGS LIMITED (hereinafter called "Halloway") OF THE THlRD PART WHEREAS: A. Halhway and the Municipality entered into Principles of Understanding ("Halloway Principles") dated March 1, 2006. The Halloway Principles are registered as Instrument No. DR513890 in the Land Registry Office for the Land Tides Division of Durham (No. 40) ("Land Registry OffLce"). B. The lands to which the Halloway Principles apply are more particularly described in Schedule "A" hereto ("Halloway Lands"). C. The Stevens Road Extension Agreement dated March 1, 2006 has been executed by the Municipality, Halloway, Players Business Park Ltd. and West Diamond Properties Inc. A copy of it is contained in Schedule "E" of the Halloway Principles. Attachment 5 To PSD-048-07 - 2- D. The lands to which this Assumption Agreement applies are the portion of the Halloway Lands more particularly described in Schedule "8" hereto ("Severed Lands"). E. On January 15, 2007, the Regional Municipality of Durham's Land Division Committee under its file LD016/2006 gave its provisional consent ("Provisional Consent") under section 53 of the Planning Act, R.S.O. 1990, c.P.13, as amended, to the transfer by Halloway of the part of the Halloway Lands referred to herein a the "Severed Lands", A copy of the Provisional Consent is contained in Schedule "C" to the Subdivision/Consent Agreement dated April 23, 2007 between the Municipality and Halloway which is registered in the Land Registry Office as Instrument No. CSubdivisionlConsent Agreement"). (The portion of the HallO'oNay lands that is not within the Severed Lands is referred to hereinafter as the "Retained Lands".) f. Halloway intends to transfer the Severed Lands to Home Depot in fee simple reserving tberefrom certain easements 'which are intended to be appurtenant to the remaining portion of the Halloway Lands the title to which is vested in Halloway ("Retained Lands"). HallO\vay also intends to transfer to Home Depot certain easements in the Retained Lands which are intended to be appurtenant to the Severed Lands. G. This Assumption Agreement is made pursuant to paragraph 19 of the Stevens Road Extension Agreement. H. The execution of this Assumption Agreement by the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington is authorized by By-law 2007-090 passed by the Municipality's Council at its meeting on April 23, 2007. NO\V THEREFORE in consideration of the premises herein contained and the sum of T\VO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by eaeh of the Parties is hereby acknowledged) each of the Parties covenants and agrees with the other Parties as follows: - 3 - UNWINDING OR TERMINA nON I. The parties acknowledge that the Stevens Road Extension Agreement cannot be unwound or terminated by Halloway pursuant to paragraph 22 of that Agreement. Consequently, the parties acknowledge that it is in ftJiI force and effect. ASStJMPTlON OF OBLIGATIONS BY HOME DEPOT 2. Pursuant to paragraph 19(a) of the Stevens Road Extension Agreement, Home Depot hereby assumes joint and several liability with Halloway to the Municipality for the performance of Halloway's obligations to the Municipality under the provisions of the Stevens Road Extension Agreement including without limitation, Halloway's obligations under paragraph 19 thereof insofar as paragraph 19 applies in respect of the Severed Lands. REGISTRATION OF ASSL'MPTION AGREEMENT ON TITLE 3. Horne Depot hereby consents to the registration ofa Notice of this Agreement on the title to the Severed Lands. FlIRTHER ASSURANCES 4. The parties hereto covenant and agree, after a request in writing by any party to the other parties, to forthwith execute and provide all further documents, instruments and assurances as may be necessary or required in order to carry out and give effect to the true intent of these presents, and to effect the registration against and release from title to the lands subject to this Assumption Agreement of such notices or other instruments in accordance with the provisions of this Assumption Agreement. HALLOWAY PRINCIPLES AND SURDIVISlON/CONSE]\,'"T AGREEMENT 5. Except as otherwise expressly provided in this Assumption Agreement, nothing contained in this Assumption Agreement shaH derogate or shall be deemed to derogate from the provisions of any of the Halloway Principles dated March I, 2006, and the Subdivision/Consent Agreement, and the Site Plan Agreement made between the Municipality and HaHoway dated April 23, 2007. Time shall be and continue to be of the essence of each of these Agreements. -4 - ENl.lRE:\lENT 6. This Assumption Agreement shall enure to the benefit of and be bind the parties hereto, their respective successors and assigns. LAWS OF ONTARIO ApPLY 7. The parties agree that this Assumption Agreement shall be interpreted, applied and enforced in accordance with the laws orthe Province of Ontario and without limiting the generality of the foregoing, the laws of the Province of Ontario shall be applied to determine the rights and duties of the parties hereunder. NOTICE 8. If any notice or other document is required to be or may be given by the Municipality or by any official of the Municipality to Halloway and/or to Home Depot by this Assumption Agreement, such notice shall be mailed by first class prepaid post, mailed by first class registered prepaid post, or delivered to: The Municipality: The Municipality of Clarington 40 Temperance Street Bowmanville, ON Lt C 3A6 Attention: Director of Planning Services Fax: 905-623-0830 OR, Home Depot: c/o Home Depot U.S.A. Inc. 2455 Paces Ferry Road North West Building C, 20th Floor Atlanta, Georgia 30339 U.S.A. Attention: Mike McGuire, Vice President Real Estate Law OR, Halloway: 177 Nonquon Road. 20th Floor Ohsawa, ON LtG 3S2 or such other address of which any party has notified the other parties in writing. Any such notice if mailed by first class prepaid post or delivered shall be deemed good and sufficient notice under the terms of this Assumption Agreement on the day on which it is received, if it is delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays) otherwise such notice shall be deemed to be received on the next folknving business day (excluding Saturdays, Sundays and statutory holidays) after tilt: day UIl which in fact it was delivered. If such notice is mailed by first class prepaid registered mail, it shall be deemed to have been received on the third business - 5- day (excluding Saturdays, Sundays and statutory holidays) following the day on which it is mailed. 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 may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. FonCE MA.JEURE 9. In this Assumption 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, earthquake or other casualty, or an Act of God and any act, omission or event whether of the kind herein enumerated or otherwise not within the control of Home Depot and Hallov,:ay, none of \vhich has been caused by the deliberate default or act or omission by such parties and none of which has been avoidable by the exercise of reasonable effort or foresight by such parties. Ho me Depot, Halloway or the I'vlunicipaiity, as the case may be, shall notify the other parties to this Assumption Agreement of the commencement, duration and consequence (so far as the same is within the knowledge of Hallov,ray or the Municipality, as the case may be) of any Force Majeure affecting tbe performance of any of its obligations hereunder within thirty (30) days of gaining such kno\"r1edge. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: - 6- ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORA nON OF THE MUNICIPALITY OF CLARINGTON Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk We have authority to bind the Corporation. HOME DEPOT HOLDINGS INe. Thomas K. Anderson, Corporate Counsel- Real Estate Law I have authority to bind the Corporation. HALLOWAY HOLDINGS LIMITED Name: Title: Name: Title: VW e have authority to bind the Corporation. SCHEDULE "A" Lel!al Descriotion of the Hallowav Lands Firstly: Part of Lot 16 Concession 1 in the Municipality of Clarington, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Parts 2, 3, 4, 5 and 6 on Plan 40R-24257, being the whole o[PIN 26613-0103 (LT). Secondly: Part of Lot 16 Concession 1 in the Municipality of Cia ring ton, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Part I on Plan 40R-24257, being the whole o[PIN 26613-0106(LT). Thirdly: Part of Lot 16 Concession 1 in the Municipality ofClarington, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Parts 7, 8, 9,10 and lIon Plan 40R-24257, being the whole o[PIN 26613-0107(LT). Fourthly: Part of Lot 16 Concession 1 in the Municipality of Cia ring ton, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Parts 12 and 13 on Plan 40R-24257, being the whole o[PIN 26613-0035 (LT). Fifthly: Part of Lot 16 Concession 1 in the Municipality ofClarington, in the Regional Municipality of Durham (formerly Geographic Township of Darlington), designated as Parts 14, 15, 16, 17 and 18 on Plan 40R-24257, being the whole o[ PIN 26613-0034 (LT). Sixthly: Part of Lot 16 Concession 1 in the Municipality of Clarington, in the Regional Municipality of Durham (formerly Geographic TO\vnship of Darlington), designated as Parts 19, 20, 21, 22 and 23 on Plan 40R-24257, being the whole o[PIN 26613-0033 (LT). SCHEDULE "B" DescriDtion of Severed Lands Firstly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Part 1 on Plan 40R-24257, being the whole of PIN 26613-0106 Secondly: Part of Lot 16 Concession I in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Parts 2, 3 and 4 on Plan 40R-24257, being Part orPIN 26613-0103 Thirdly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Parts 10 and lIon Plan 40R-24257, being Part of PIN 26613-0 I 07 Fourthly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Part 12 on Plan 40R-24257, being Part of PIN 26613-0035 Fifthly: Part of Lot 16 Concession I in the Regional Municipality of Durham (formerly Geographic Township of CIa ring ton), designated as Parts 15 and 16 on Plan 40R-24257, being Part of PIN 26613-0034 Sixthly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly Geographic Township of Clarington), designated as Parts 19, 20 and 21 on Plan 40R-24257, being Part orPIN 26613-0033 :\:'J--estatc\m~tter~"070704\Main Mattcrs\Rowmanville\Agreements\A~sumption Agreement - Steven~ Rd\Stevens Rd Assumption Agr- v3(t'n~l)doc Attachment 6 To PSD-048-07 ns - a.. Q) ~= c. ns .:i (J ,0 tJ) G:: "'C c: ns ...J I j V1 .... I o C. Q) C Q) E o J: Q) .s::: I- O.L___.- / ./ ! I . I .:. ; " l " U) c:: o .- .... ns > cu - w .... o c. cu C cu E o :I: cu .s:: I- I '. Ie .!!Fl'~ .,/:: I . IHli:I!I'l;'II'IP"l ., \. ,.jl~f:~' ,1' I l!f"j- ,.S .r"!lll,milll!!)( ;pca i~ilij':I'I:(I'jrli;:. ,~,..' I." i :~ 1!.-1-1' lI.l -~~ __9"1I\ol..1II)J,_ ~ i~ I ,.,,\: -- ~III Attachment 7 To PSD-048-07 I S_Y.g'1' "'''"'''' I mil II .. I m!!!L.. lill'I'; Cl~mglOn REPORT PLANNING SERVICES Meeting: SPECIAL COUNCIL MEETING Date: Monday, April 23, 2007 Report #: PSD-049-07 File #: ZBA 2007-0014 By-law #: Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: HALLOWAY HOLDINGS LIMITED RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-049-07 be received; 2. THAT provided that Halloway Holding Limited has executed the Site Plan Agreement and the Subdivision/Consent Agreement with the Municipality, that the application submitted by Halloway Holdings Limited to remove the Holding (H) symbol from the lands identified as Parts 1, 2,3,4,10,11,12.15,16,17,19, 20, 21, and 22 on Reference Plan 40R-24257 and a portion of Parts 5, 9, 13, and 14 on Reference Plan 40R-24257 be APPROVED and that the attached by-law be passed; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Ovid . Crome, M.C.I.P., R.P.P. Director, Planning Services Reviewed bQ~-J~ Franklin Wu Chief Administrative Officer RH/COS/DJC/df April 20, 2007 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-049-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 1.2 1.3 Applicant: Rezoning: Location: Halloway Holdings Limited Removal of "Holding (H)" symbol Part of Lot 16, Concession 1, former Township of Darlington (Attachment 1) 2.0 BACKGROUND 2.1 On February 23rd, 2007, Staff received an application from Halloway Holdings Limited for the removal of the "Holding (H)" symbol on Parts 1 to 17 on Reference Plan 40R-24257 and Parts 19 to 22 on Reference Plan 40R-24257. The removal of the holding symbol would permit the development of a 9,164 m2 home improvement store and 1,629 m2 outdoor garden centre as well as a 929 m2 seasonal garden centre on the subject lands. 3.0 STAFF COMMENTS 3.1 The proposed development is located within the West Bowmanville Town Centre at 120 Clarington Boulevard. Policies have now been approved by the Ontario Municipal Board to permit approximately 55,000 m2 of additional retail and personal service f100rspace in the form of street-related and large format commercial development to proceed. 3.2 Prior to approval of commercial development on the subject lands, Halloway Holdings Limited entered into the Principles of Understanding with Municipality, which outline the requirements that the applicant must fulfil for development to proceed on the subject lands. The document outlines the planning procedures, special conditions, the construction of Stevens Road, and financial obligations for approval of development. 3.3 The portion of the subject property proposed for development is presently zoned "Holding - Large Format Commercial Exception ((H)C8-3) Zone", "Holding - Large Format Commercial Exception ((H)C8-4) Zone", and "Holding - Street- Related Commercial Exception ((H)C9-3) Zone". Specific policies for the Bowmanville West Town Centre Secondary Plan permit the use of holding symbols. In addition, the Principles of Understanding also contain procedures and obligations that must be fulfilled prior to Council considering removal of the holding symbol. The applicant must therefore address the following matters to the satisfaction of the Municipality: . A consent application to sever the home improvement store lands from the remaining property owned by Halloway Holdings Limited was approved. A REPORT NO.: PSD-049-07 PAGE 3 condition of the consent is that the applicant shall enter into a subdivision/consent agreement. · The subdivision/consent agreement is being finalized and will be executed by the applicant. This agreement governs site servicing, off-site road improvements on Clarington Boulevard and Stevens Road associated with the development, streetscape improvements on Highway 2, payment towards the construction of Stevens Road, a cash payment for the release of the applicant's obligations to the Uptown Avenue extension, and payments for the Newcastle and Orono Business Improvement Areas. · The applicant must construct a private road on the subject lands over which may be transferred to the Municipality once the property redevelops intensively in the future. · The applicant will execute a site plan agreement, which governs site development, building form, landscaping works, and lighting. Financial securities for landscaping work~ will be administered through this agreement. Staff have also obtained landscape maintenance and snow removal programs for the development. A cash-in-lieu of parkland dedication payment will also be received from the applicant through this agreement. · The applicant has satisfied the specific urban design requirements through the building elevations, which include special exterior treatment, building articulation, and parapet walls to screen rooftop mechanical units. · The applicant has demonstrated its commitment to obtaining a basic LEEDS certification for the building. · The home improvement store will provide an indoor bicycle storage area for employees. · An assumption agreement will be executed to ensure that the land holding company for the home improvement store is bound by the relevant provision all agreements once they retain ownership of their own property. 3.3 Similarly, within the Region's Official Plan, policies are in place noting that prior to a local Municipality's passage of a by-law to remove a holding symbol, Council is to ensure that: · The development is consistent with the orderly and phased development of the Municipality; · The Owner has satisfied all of the requirements of the Municipality and entered into any necessary agreements in that regard; and · The Owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provisions of sewer and water services, regional roads and entered into any necessary agreements. 3.4 Halloway Holdings Limited, in conjunction with home improvement store, will jointly construct a private road between Highway 2 and Stevens Road approximately in the middle of the site and to construct an east-west drive aisle abutting ScotiaBank between Clarington Boulevard and the private road. In addition to removing the holding symbol from all lands to be transferred to the REPORT NO.: PSD-049-07 PAGE 4 home improvement store, the proposed also removes the holding symbol from those lands retained by the applicant to allow for the construction of the private road and the aforementioned east-west drive aisle. 3.5 The approval of a by-law to remove the holding symbol is appropriate at this time, as the provisions within the Municipality's and Region's Official Plan, as well as the Principles of Understanding with the applicant, have been satisfied. It will also allow a conditional building permit to be issued by the Chief Building Official for the footing and foundation portion of the store. 3.6 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period afforded to a standard rezoning application and accordingly shall be deemed final and binding upon Council's approval. 3.7 Staff would note that the holding provision will be removed in phases for development on the remaining portion of the applicant's lands. 3.8 The Finance Department has advised that t~xes on the site a~~l::pri'ent.(TO BE CONFIRMED TODAY) 4.0 CONCLUSION 4.1 In consideration of the comments noted above, provided that Halloway Holdings Limited has executed the Subdivision/Consent Agreement and the Site Plan Agreement, it is recommended that Council approve of the removal of the "Holding (H)" symbol, as shown on the attached by-law and schedule (Attachment 2), is recommended. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of "Holding (H)" symbol List of interested parties to be advised of Council's decision: Halloway Holdings Limited Sernas Associates MHBC Planning .. I ~ :~! "" I -I I'" ...",. -'vru ~ ~I : 1,1 1 llti~ ~~- 0 ~'~L_ _~_ _ ml: M....:..,_ "'lrw~ ' ---- --.-"<. - ' n-__nc-=,-~, ""-' NOWM>IVY.l t--~-i --t::fl'~ :a~t~8 ",w. ~,... 17-1 . __ I .~ cv . . ~:~-i .. --~ -- ~ I~I i I '1 I ' ~'r IL I "f : ii' ~, :~ Eli ,N . , ! III I-a: -c i3.1 I: ii" :II!_ I ~'.,It _ ~__ I..... I Ul , . I 5 ~!_ , 1m < Ii I I~ ~ 18 : i3 ;r: ~l -8 I Q) lli I III Ig J ~ , 10 1= 1< tal 10 Ia: l-c IQ) ~ 1i3 : Ie. ,0 Ii 'c: i::l I G I I I 1 1 I Q. :I!! c o i ..J ~ !. e Q. - .!! ~ . i lD - e 8 ~~ ~.ll c .. Q Q ~~ .[8 il~ N33~~ ovo~ M"" ~. 'I I - . J:$o ~ Attachment 1 - :i E :; 3, c: :s '0 :c >- ; .2 'ii :c ..: D c ~ c .8 ' D E 'lI' E >- ...."CIa) o C Cl oDe I E _ "'<C;2 o ~ 0 o l'lI :c N,o 0( ~_ rD !: N Cl 0 .5 E c Q) ~ a: - ~~- ......... 'IJII'I'<I iDmI -.- CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastie 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 to implement ZBA 2007-0014; NOW THEREFORE BE IT RESOLVED THAT, the Councii of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - Large Format Commercial Exception ((H)C8-3) Zone" to "Large Format Commercial Exception (C8-3) Zone", "Holding - Large Format Commercial Exception ((H)C8-4) Zone" to "Large Format Commercial Exception (C8-4) Zone", and "Holding - Street-Related Commercial Exception ((H)C9-3) Zone" to "Street-Related Commercial Exception (C9-3) Zone". 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2007 BY-LAW read a second time this day of 2007 BY-LAW read a third time and finally passed this day of 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk , This is Schedule "A" to By-law 2007- passed this day of . 2007 A.D. , r l1:!I;Q,lI .. .0'>1 ~ ~ \ \ .;im Abernethy, Mayor ~ ~ ~ Zoning Change From "(H)C8-4" To "C8-4" Zoning Change From "(H)C8-3. To "C8-3" Zoning Change From .(H)C9-3" To "C9-3" J Petti l. Barrie, Municipal Clerk Cl.NllNGroNCE~ ~'''''''' :8 ~ ~ il """". """"" """"noN ~ .'" ~""""""ll ~ a ----------------- I~ ~ SUMMARY OF BY-LAWS April 23, 2007 BY-LAWS 2007-082 Being a by-law to declare Parts 2, 3, 4, 5 and 6 on Plan 40R-24257 to be surplus pursuant to section 268(3) of the Municipal Act, 2001, S.D. 2001, c.25, as amended (Report PSD-032-07 approved by Council March 19, 2007) 2007-083 Being a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute a transfer of Parts 2, 3, 4, 5 and 6 on Plan 40R-24257 to Halloway Holdings Limited (Report PSD-032-07 approved by Council March 19, 2007) 2007-084 Being a by-law to stop up and close Parts 13 and 15 on Plan 40R-16730 as a public highway pursuant to section 34 of the Municipal Act, 2001, S.D. 2001, c.25, as amended (Report EGD-030-07 approved by Council March 19, 2007) 2007-085 Being a by-law to declare Parts 13 and 15 on Plan 40R-16730 surplus pursuant to section 268(3) of the Municipal Act, 2001, S.D. 2001, c.25, as amended (Report EGD-030-07 approved by Council March 19,2007) 2007-086 Being a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to authorize the transfer to Halloway Holdings Limited of Parts 13 and 15 on Plan 40R-15730 (Report EGD-030-07 approved by Council March 19,2007) 2007-087 Being a by-law to authorize the Mayor and Municipal Clerk to execute a consent to the release of certain agreements from the title of lands to be transferred to Home Depot Holdings Inc. (Report #1 ) 2007-088 Being a by-law to authorize the Mayor and Municipal Clerk to execute the subdivision consent agreement attached to Report PSD-049-07 (Report #1) - 2 - 2007-089 Being a by-law to authorize the Mayor and Municipal Clerk to execute an assumption agreement with Home Depot Holdings Inc. respecting the Principles of Understanding with Halloway Holdings Ltd. and the Municipality of Clarington, dated March 1, 2006 (Report #1) 2007-090 Being a by-law to authorize the Mayor and Municipal Clerk to execute an assumption agreement by the Municipality of Clarington with Home Depot Holdings Inc. respecting the Stevens Road Extension Agreements (Report #1) 2007 -091 Being a by-law to remove the Holding (H) symbol from certain lands proposed to be transferred to Home Depot Holdings Inc. (Report #2)