The URL can be used to link to this page

Home My WebLink AboutPD-54-99 Addendum ~ , THE CORPORATION OF THE MUNICIPALITY OF CLARIN~~HED BUSINESS REPORT Meeting: COUNCIL iJ/~- 9(0/3 File #/)/2 9/00 V Res. tf-cj~9 ~ Date: JULY 19,1999 ADDENDUM TO Report No.: PD-54-99 By-Law # 99 -'i3~ '19-/..2 7 Subject: PROPOSED PRINCIPLES OF UNDERSTANDING BETWEEN 1138337 ONTARIO INe. (KAITLIN) AND THE MUNICIPALITY OF CLARINGTON RESPECTING PHASES I AND II OF THE PORT OF NEWCASTLE DEVELOPMENT (DRAFT PLANS OF SUBDIVISION 18T-91004 AND 18T- 96013) Recommendations; It is respectfully recommended to Council the following: 1. THAT Addendum to Report PD-54-99 be received; 2. THAT Report PD-54-99 be lifted from the table and the recommendations contained therein approved subject to the date August 31, 1999 being changed to read September 15, 1999, wherever the former date appears; 3. THAT Option 1 respecting access to Phase 1 of the Port of Newcastle development as set out in Section 2 of this report be approved; 4. THAT Council grant Kaitlin's request relying on Kaitlin's written undertaking contained in Attachment No.2 and pass a by-law authorizing the Municipality to accept transfers of Parts 4 to 6 and 12 to 18, all inclusive on Plan 40R-18328 from Ootario Hydro and Parts 8 to 10, all inclusive on Plan 40R-18328 from the Region of Durham; and 5. THAT the attached By-law authorizing the Municipality to accept transfers from Ootario Hydro and the Region of Durham relying on Kaitlin's written undertaking, be APPROVED; 6. THAT the interested persons listed in this report and any other delegations be notified of Council's decision. 1. BACKGROUND Since the proposed Principles of Understanding between 1138337 Ootario Inc. ("Kaitlin") and the Municipality were prepared, two issues have arisen as follows: . Several residents have raised concerns regarding the interim arrangement for modification to the operation of the existing grade separation at Mill Street and the CNR; and ...' , ADDENDUM TO REPORT NO.: PD-54-99 PAGE 2 · Kaitlin has requested that the Municipality accept the transfers of external lands for the future Port of Newcastle directly from Ontario Hydro and the Region of Durham before the subdivision agreement is executed by the parties. · Staff have recommended a new Development Charges By-law that will not come into force until September I, 1999. The Date of Final Approval of the by-law as defined in the Principles of Understanding is August 31,1999. Kaitlin has reqnested that the date August 31, 1999 be changed to read September 15, 1999 in order to avoid confusion. This report addresses these matters. 2. MILL STREET GRADE SEPARATION 2.1 Access to Phase One of Port of Newcastle Development At the request oflocal residents, Public Works staff, in consultation with the Kaitlin Group, has reviewed two options to provide access for Phase One of the Port of Newcastle development. Option 1 would rely on Mill Street and the existing grade separation as the primary vehicular and pedestrian access for the proposed development. In order to address safety concerns resulting from an increase in both pedestrian and vehicular traffic, the following measures would be implemented in the vicinity of the Mill Street Grade Separation: . A protected pedestrian walkway would be constructed within the underpass. . The subway would be reduced to one lane of vehicular traffic as a result of constructing the walkway. . Traffic signals would be installed to control vehicular flow through the subway. . The intersection of Clark Street, Mill Street, Mill Street SouthlLakeshore Road, and Port of Newcastle Drive would be reconstructed including installation of stop signs on Mill Street SouthlLakeshore Road and Clark Street. Option 2 would maintain the existing configuration of the Mill Street subway and provide vehicular access to Phase One of the Port of Newcastle via Toronto Street. The following items would be required to implement Option 2: . Port of Newcastle Drive would not be constructed from the subdivision to Mill Street in Phase One. . A gated emergency access would be constructed to connect the subdivision to Baldwin Street. #- ADDENDUM TO REPORT NO.: PD-54-99 PAGE 3 . Toronto Street would be upgraded to accommodate increased traffic. Improvements would include road resurfacing and installation of guide rails at some locations. The following is a summary of issues reviewed in evaluating the two options. Attachment No.4 details the alignments used for analysis. Vehicular Access The traffic signals installed for Option I will result in an average delay of 10 to 15 seconds per vehicle. Some vehicles will have no delay while others could have to wait as long as 40 - 45 seconds at the traffic signals. Currently, between 1,500 and 2,000 vehicle trips use the underpass in a day. Once Phase 1 of the Port of Newcastle is built out, as many as 3,200 additional vehicle trips could be using the underpass. If Option 2 were implemented, these 3,200 vehicle trips would be required tQ travel an additional 1.8 Ian, resulting with an increased travel time of 130 seconds assuming an average speed of approximately 50 km!hr and no delay at the level crossing. Over one year the additional distance travelled by the 3,200 vehicle trips would accumulate to over 2,100,000 Ian. The 3,200 vehicles would also have to cross the railway tracks over 100,000 times in a one-year period. Although the tracks are properly protected with gates, lights and bells, the risk of a train vehicle conflict increases in probability with the number of crossings. Pedestrian Access It is not practical for pedestrians from the Port of Newcastle to follow the route taken by vehicles for Option 2 because of the additional distance and lack of sidewalks. Therefore, pedestrian traffic generated by Phase One of the Port of Newcastle will use the Mill Street underpass. An increase in pedestrian traffic will result in an increased probability of conflict between pedestrians and vehicles. The only method of safely conveying pedestrians through the existing underpass is to implement the works detailed for Option 1. ,.. ADDENDUM TO REPORT NO.: PD-54-99 PAGE 4 Maintenance Concerns Option I will result in the construction of a new road, Port of Newcastle Drive, to connect the Port of Newcastle to Mill Street. Maintenance needs of the new roadway will be covered under subdivision agreements requiring minimal municipal involvement. Option 2 involves directing additional traffic to an existing municipal road which was constructed to convey a low volume of traffic. This will lead to complaints from future Port of Newcastle residents resulting in increased maintenance activities and costs to the Municipality. Emergency Access Option I provides for two points of access to the subdivision at all times. Option 2 would require a controlled emergency access to Baldwin Street. The emergency access would have to be gated to prevent use by the travelling public. Emergency vehicle response times would therefore be greater to the Port of Newcastle nnder Option 2 as a result of the added travel distance using Toronto Street or the time required to operate the gated emergency access if the subway were used. Cost Up-front costs to the Developer would be reduced if Option 2 were chosen, as Port of Newcastle Drive would not have to be constructed from Mill Street to the subdivision. The long term capital costs of implementing both options is equal. The cost of installing traffic signals, constructing the pedestrian walkway and sidewalks, and intersection improvements required for Option I is estimated to be worth roughly the same amount as constructing a gated emergency access and the Toronto Street improvements required for Option 2. In addition to these costs, Option 2 will result in considerable cost to Port of Newcastle residents as a result of wear and tear on their vehicles and the cost of fuel to travel the estimated cumulative 2,100,000 additional kilometres annually. .. ADDENDUM TO REPORT NO.: PD-54-99 PAGE 5 Marketability Option 1, in providing an illuminated fully urban roadway (including sidewalks), provides a more direct and scenic route to the Development and is considered by the Developer as being advantageous from a marketing perspective. In addition, this more direct route better serves the use of the lakefront by the public. In conclusion, when the above factors are considered the only advantage that Option 2 has over Option 1 is that it reduces delay for existing residents using the Mill Street underpass, and it reduces the upfront costs incurred by the developer. Option 1 provides less delay overall to vehicular traffic, provides for safe passage of pedestrians through the Mill Street underpass, provides less delay for emergency vehicles and provides less burden on the Municipality with regard to road maintenance. The Public Works Department therefore recommends that Option 1 be implemented once Port of Newcastle Drive has been constructed to Mill Street. 3. TRANSFERS OF EXTERNAL LANDS 3.1 In order to connect Mill Street to the portion of Port of Newcastle Drive situated southerly of the unopened road allowance between Broken Front Concession and Concession 1, the conditions of draft approval required The Kaitlin Group to acquire certain lands from Ontario Hydro and the Region of Durham. (Attachment No.3) 3.2 Kaitlin has made agreements of purchase with Ontario Hydro and the Region of Durham. It has requested that the Municipality accept the conveyances directly from Ontario Hydro and the Region of Durham before the Principles of Understanding become unconditional. 3.3 Kaitlin has provided the Municipality with its written undertaking that if the Municipality accepts the transfers oflands directly from Ontario Hydro and the Region of Durham, Kaitlin . . ADDENDUM TO REPORT NO.: PD-54-99 PAGE 6 will comply with the provisions of the Municipality's core subdivision agreement dealing with transfers, as set out in Draft #8 of the Subdivision Agreement for Plan 18T-91004. Kaitlin will also indenmify the Municipality against all costs associated with registration of the transfers including the Land Transfer Tax. Further, Kaitlin has undertaken to continue to be responsible for the construction of the road and services on them pursuant to the Subdivision Agreement for Plan 18T -91004, and, if the Principles of Understanding unwind, and either or both of draft Plans 18T-91004 and 18T-96013 are taken before the Ontario Municipal Board, the Municipality's ownership of the lands in question will not be used to support any relief that Kaitlin may request of the Board, or to respond to any position that the Municipality might take respecting draft Plans 18T-91004 and 18T-960B. (Attachment No.2). 3.4 The early transfer to the Municipality of the lands required for Port of Newcastle Drive that now are owned by Ontario Hydro and the Region of Durham, could expedite the commencement of development of Phase I of the Port of Newcastle. 4. CHANGE TO DATE AUGUST 31, 1999 4.1 It is desirable to avoid any possibility of confusion in the date of Final Approval of the new Development Charges By-law. This can be done by Council approving the Principles of Understanding with the date August 31,1999 being changed to read September 15,1999 wherever the fonner date appears in the document. 5. RECOMMENDATION 5.1 It is recommended that Council grant Kaitlin's request relying on Kaitlin's written undertaking contained in Attachment No.2 and pass the attached By-law authorizing the Municipality to accept transfers of Parts 4 to 6 and 12 to 18, all inclusive on Part 40R-18328 from Ontario Hydro and Parts 8 to 10, all inclusive on Plan 40R-18328 from the Region of Durham. '" ADDENDUM TO REPORT NO.: PD-54-99 5.2 It is also recommended that the date of August 31, 1999 be changed to, as set out in Section 4 of this report. Respectfully submitted, ~P.~ Directo blic Wolks D . en>me,. ;., RP.P. irector ofPiannfug and Development --~ 1t4~ Solicitor . e Marano, H.BSc., AMCT Treasurer Reviewed py, 6r~~~ Franklin Wu, M.C.I.P., RP.P. Chief .Admini~trative Officer DH*DC*LDT*cc 12 July 1999 Attachment No. 1 - Attaclunent No.2 - Attachment No.3 - Report PD-54-99 Letter of Undertaking from Kaitlin Lands to be Transferred Interested p81lies to be notified of Council and Committee's decision: ATTACHMENT' 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: JUNE 7, 1999 Res. # Report No.: PD-54-99 By-Law # Subject: PROPOSED PRINCIPLES OF UNDERSTANDING BETWEEN 1138337 ONTARIO INC. (KAITLlN) AND THE MUNICIPALITY OF CLARINGTON RESPECTING PHASES I AND II OF THE PORT OF NEWCASTLE DEVELOPMENT (DRAFT PLANS OF SUBDIVISION 18T-91004 AND 18T- 96013) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-54-99 be received; 2. THAT Council approve the Principles of Understanding contained in Attachment No.3; 3. THAT a by-law be passed to authorize the Mayor and Clerk to execute the Principles of Understanding on behalf of the Municipality; and 4. THAT the interested persons listed in this report and any other delegations be notified of Council's decision. REPORT NO.: PD-54-99 PAGE 2 SUMMARY OF MAIN ELEMENTS Representatives of the Municipality and 1138337 Ontario Inc. (Kaitlin) have negotiated Principles of Understanding to resolve the dispute between the parties. The main elements are as follows: . The principal entrance, the grade separation and associated works would be moved from Toronto Street (Alternative B) to Mill Street (Alternative A) . Kaitlin would transfer to the Municipality 12.66 ha of land to be incorporated into the Samuel Wilmot Nature Area, 0.715 ha of land (the "clubhouse" lands) for waterfront park purposes, and an enlarged non-exclusive park easement area of 1.0 ha along the beach near the pier . the growth-related costs of the Mill Street grade separation and park development would be incorporated into the new Development Charges by-law but Kaitlin would remain responsible for assuming the Municipality's share of costs for these works . the Principles of Understanding are conditional on the Municipality enacting a new development charges by-law by July 31, 1999 incorporating the above grade separation and park improvements and which is finally approved by August 31,1999 or, in the event of an appeal, Kaitlin provides notice that it wishes to proceed with the development and deposits the required security. REPORT NO.: PD-54-99 PAGE 3 1. BACKGROUND 1.1 At its meeting on June 24, 1996, Council approved Report #PD-90-96 (Attachment No. 1) respecting The Kaitlin Group Ltd.'s ("Kaitlin") applications for the passing of a zoning amendment and approval of a proposed plan of subdivision (18T-91 004) for Phase I of the Port of Newcastle. The Phase I lands are located on Part Lots 28, 29,30, 31 Broken Front Concession, former Village of Newcastle and comprise 22.352 ha. (55.23 acres) of Kaitlin's total land holding of 88.222 ha (217.99 acres). They are bounded on the east and the west by the Graham and Wilmot Creeks, respectively. Particulars of the proposed Phase I development are contained in Report #PD-9Q-96. The development is to include a total of 364 units and a clubhouse. A hotel was contemplated on part of a block reserved for "future development". Other lands within the Phase I plan were also described as blocks reserved for "future development". A copy of Report #PD-90- 06 is available at the Clerk's office for examination. 1.2 Section 10 of Report #PD-9Q-96 described two alternative transportation improvements that would be needed to accommodate traffic likely to be generated by the development of the Port of Newcastle lands. Alternative "A" required the reconstruction of the existing Mill Street CN Rail grade separation and the construction of associated works. Alternative "B" required the reconstruction of Toronto Street and the construction of a new Toronto Street grade separation at the intersection of Toronto Street with the CN Rail right-of-way, and associated works. Alternative "A" assumed that the primary access to the Port of Newcastle lands would be via Mill Street with Toronto Street serving as a secondary access. Alternative "B" assumed the reverse. 1.3 Alternative "B" originated from discussions between staff, Kaitlin and area residents who at the time were concerned about conserving the existing Mill Street bridge. In light of the discussions, the Public Works Department agreed that Alternative "B" would be acceptable, although it was not considered as desirable as Alternative "A" to REPORT NO.: PD-54-99 PAGE 4 the Department. The conditions of draft approval of plan of subdivision 18T-91 004 set out in Report #PD-90-96 reflects the choice of Alternative "B" by Council. 1.4 Draft plan of subdivision 18T-91004 was approved by the Region of Durham's Commissioner of Planning on September 9, 1996, subject to the conditions. Condition #25 required the owner to assume "full responsibility financial or otherwise" for all necessary external and/or oversized services for the development. 1.5 On October 31, 1996, the Region of Durham approved the Clarington Official Plan. It increased the maximum number of dwelling units permitted to be constructed in the Port of Newcastle area from 363 to 1,000. 1.6 On October 6, 1997, Council passed Resolution #C-738-97 (Attachment No.2) approving Report #PD-140-97 respecting Kaitlin's application fora rezoning amendment and approval of draft plan of subdivision 18T-96013 for Phase II of the Port of Newcastle. The approval was subject to an amendment to the recommended conditions of draft approval respecting the amount of the security for the cost of the necessary transportation works contained in Resolution #C-738-97. The amendment made it explicit that the required security was for 100% of the works cost estimates approved by the Director of Public Works for all works including the Toronto Street grade separation and road reconstruction works. A copy of Report #PD-140-97 is available in the Clerk's office for examination. 1.7 The Phase II plan of subdivision (18T-96013) overlaid certain blocks that had been included in the Phase I plan of subdivision (18T-91004) that had been reserved for "future development". . REPORT NO.: PD-54-99 PAGE 5 1.8 On November 18, 1997, the Region's Commissioner of Planning approved draft plan of subdivision 18T-96013 for Phase II subject to a number of conditions as recommended by Council. 1.9 Mr. Ronald Webb, Q.c., Kaitlin's counsel, appeared as a delegation on behalf of Kaitlin at the meeting of Council on October 13, 1998. He requested that Council clarify its intent in respect of Resolution #C-738-97. He contended that condition 29 to the draft approval of Plan 18T-91 004 restricted the security that could be required in respect of Phase I for the cost of the new Toronto Street grade separation works and the Toronto Street road reconstruction works to $750,000.00. The current estimated cost of these works and the other Alternative "B" works is estimated to be in the order of $6,200,000.00. Mr. Webb's position was that the provision of security in addition to the $750,000.00 in order to cover 100% of the cost of these works was not intended to be required from Kaitlin before the completion of Phase I. 1.10 At the meeting on October 26, 1998, Council received the report of the solicitor respecting Mr. Webb's request for information. No further action was taken on Mr. Webb's request. 1.11. In early December 1998, Mr. Webb advised Dennis Hefferon, the Municipality's solicitor, that Kaitlin intended to appeal certain conditions of the draft approvals of plans 18T-91 004 and 18T-96013 to the Ontario Municipal Board so that the issue between the Municipality and his client regarding the amount of the security for the Toronto Street grade separation and reconstruction works could be determined by the Board. 1.12 Since it was in the interests of the Municipality and Kaitlin to avoid, if possible, the cost of an Ontario Municipal Board hearing Council authorized senior staff and Dennis REPORT NO.: PD-54-99 PAGE 6 Hefferon to meet with representatives of Kaitlin to seek to resolve all issues respecting the development of both Phase I and Phase II of the Port of Newcastle. The negotiating team included the signatories to this report, Tony Cannella who is the Manager of Engineering Services, Larry Taylor who is the Manager of Development Review, and Nancy Taylor, the Deputy Treasurer. 1.13 Between December 1998 and April 1999, a number of meetings were held by the negotiating team with Kaitlin. The issues canvassed included the following: . whether the transportation improvements set out in Alternative "A" should replace those contained in Alternative "B"; . the transfer of lands necessary to the Samuel Wilmot Creek Nature Reserve which are owned by Kaitlin and which were designated on the Phase I plan as a block for "future development"; . improvements to the open space, waterfront beach promenade, park system and the cost of park improvement; . necessary amendments to the conditions of draft approval of plans 18T-91 004 and 18T-96013; and . necessary red-line revisions of draft plans 18T-91 004 and 96013. 1.14 The negotiations resulted in the proposed Principles of Understanding (Attachment No. 3). They have been executed as of April 7, 1999, by 1138337 Ontario Inc., a member of the Kaitlin Group Ltd. which is the owner of the Phase I and II lands. . REPORT NO.: PD-54-99 2.0 SUMMARY OF PROPOSED PRINCIPLES OF UNDERSTANDING Selection of Alternative "A" and Cost of Mill Street Grade Separation Reconstruction and Associated Works 2.1 Central to the negotiations was the issue whether the primary access to the Port of Newcastle development when fully built-out should be via Mill Street and an extension of it into the development or via Toronto Street. The former would necessitate the reconstruction of the Mill Street grade separation at the CN Rail tracks and the other Alternative "A" works. The latter would necessitate the construction of a new bridge and access ramps at Toronto Street and the CN Rail tracks as well as the upgrading of Toronto Street to an urban profile (i.e. underground services, pavement and sidewalks) and construction of the other Alternative "6" works. PAGE 7 2.2 On the advice of the Director of Public Works, the staff team concluded that from a functional standpoint, and from the standpoint of the future needs of the Municipality, the Alternative "A" works, including the reconstruction of the Mill Street bridge, would be significantly superior to the Alternative "6" works. The Alternative "A" works would be a more useful addition to the transportation system of the Municipality that would serve a much broader area of the Municipality than simply the Port of Newcastle development. The Director of Public Works also advised that the estimated cost of the Alternative "A" works was about $4.5 million while the estimated cost of the Alternative "6" works was much higher, $6.2 million. 2.3 The proposed Principles of Understanding provide for the replacement of the Alternative "6" works with the Alternative "A" works in the approvals previously given in respect of the draft plans of subdivision for Phases I and 1\ of the Port of Newcastle development. REPORT NO.: PD-54-99 PAGE 8 2.4 Since the Mill Street grade separation reconstruction and associated works will be of benefit to an area of the Municipality, well beyond the boundaries of the Port of Newcastle area, the proposed Principles of Understanding provide that, without fettering Council in dealing with the proposed new development charge by-law in any way, the intention of the parties is that the chargeable portion of the cost of these works will be included in the new development charge by-law. That cost is estimated to be in the order of $3,600,000.00. The non-chargeable portion of the cost of these works (i.e. the portion that reflects the benefit to existing residents etc.) is estimated to be in the order of $625,000.00. The latter amount is to be paid by the owner of the Port of Newcastle land to the Municipality not later than 60 business days after the date of final approval of the new development charge by-law, if that approval occurs by August 31, 1999. 2.5 If the new development charge by-law is appealed to the Ontario Municipal Board and is not finally approved by August 31, 1999, the proposed Principles provide that at any time before the approval of the development charge by-law components respecting the Mill Street grade separation reconstruction and associated works and park improvement costs is refused, the owner has the right to give written notice to the Municipality that it wishes to proceed to register a final plan of subdivision. In such a case the owner can proceed by providing security related to the number of building permits issued for dwelling units so that security for 100% of the Mill Street grade separation reconstruction and associated works will be deposited with the Municipality prior to the issuance of the building permit for the 301" dwelling in the Port of Newcastle. If, subsequent to the giving of the written notice, the new development charge by-law receives final approval, the owner's share of the cost of the Mill Street grade separation reconstruction and associated works would be reduced to the amount of the non-chargeable portion of that cost as described above. REPORT NO.: PD-54-99 PAGE 9 Park, Open Space, Samuel Wilmot Nature Reserve and Beach Promenade 2.6 The Phase I and II plans of subdivision designate certain blocks for open space or park uses and the conditions of draft approval require them to be transferred to the Municipality. 2.7 Ordinarily, transfers of land to the Municipality are required to be made prior to the date of registration of a final plan of subdivision of any portion of the lands that are subject to a draft plan of subdivision. This policy was varied in the cases of draft plans 18T-91004 and 18T-96013 to provide for the transfer of certain of the open space blocks in conjunction with the development of abutting lands. However, under the conditions of draft approval of these plans, the owner was to be responsible for the cost of park improvements. Open space improvements would be the responsibility of the Municipality. 2.8 The Principles of Understanding provide for the owner to transfer to the Municipality certain additional open space and park lands 30 business days after the day on which the Principles of Understanding become unconditional. These comprise lands owned by Kaitlin within the Samuel Wilmot Nature Reserve (about 12 ha.) and a block at the southerly terminus of Port of Newcastle Drive now designated for a clubhouse (about .715 ha.). The latter block may be used in association with the open space blocks which parallel the bluffs on lake Ontario. Both this block and the addition to the Samuel Wilmot Nature Area will be of substantial functional value to the Municipality and the public. 2.9 Additionally, the proposed Principles of Understanding provide for the transfer of a wider easement area along the lake Ontario shore to be used primarily as a public promenade and access to the lake than was previously provided for in draft plan of subdivision 18T-91 004. The area shown on plan 18T-91004 is 15 metres wide. The . REPORT NO.: PD-54-99 PAGE 10 area will have a width of about 30 metres under the proposed Principles of Understanding. The provision of this wider area for the promenade will be of considerable benefit to the Municipality and the public. 2.10 Since subdivision agreements have not been executed by the owner with the Municipality respecting the Port of Newcastle lands, the proposed Principles of Understanding state the intention of the parties, without fettering Council in the exercise of its powers, to be that costs of improving the park lands would be included in the new development charge by-law. As in the case of the transportation improvements, the chargeable portion which would be included in the new development charge by-law is estimated to be in the order of $711,000.00, while the non-chargeable portion is estimated to be in the order of $79,000.00. The owner would be responsible to pay the non-chargeable portion of these costs to the Municipality on the same basis as described above with respect to the Mill Street grade separation reconstruction and associated works. 2.11 Existing Draft Plans and Conditions The proposed Principles of Understanding recognized that amendments and revisions would be required to be made to draft plans of subdivision 18T-91004 and 18T-96013 and to the conditions after draft approval. These were left to be settled by the parties together with a subdivision agreement for 18T-91004 by the end of April. It was staff's intention to report on these issues at the same time as this Report. However, there remains some outstanding issues. Staff hope that a report can be presented at the next meeting of the Committee. 2.12 Stage 1 of the Phase I Development Stage 1 of the Phase I development is proposed to include lots for 104 dwelling units. The proposed Principles of Understanding provide for approval of a final plan for Stage . REPORT NO.: PD-54-99 PAGE 11 1 to be recommended when the new development charge by-law providing for the Mill Street grade separation reconstruction and associated works and the park improvement costs described receives final approval, or the owner gives the written notice referred to in paragraph 2.5 and the Region has amended the conditions of draft approval of the plan of subdivision referred to in paragraph 2.11. The works required for Stage 1 include the Port of Newcastle Drive from Mill Street. The financing of the construction of the above works is dependent on the accumulation of sufficient funds in the development charges reserve or the ability to borrow through the development charges process. 2.13 No Referral to Ontario Municipal Board Under the proposed Principles of Understanding, the owner agrees not to refer any of the conditions of approval of draft plans of subdivision 18T-91 004 and 18T-96013 to the Ontario Municipal Board until the 1st day after approval of the new development charge by-law provisions respecting the Mi II Street grade separation reconstruction and associated works and the parks improvements costs is refused by the Ontario Municipal Board. If the conditions referred to in paragraph 2.15 below are not satisfied, the Principles of Understanding will unwind and the parties will be left in the same positions with respect to draft plans of subdivision 18T-91 004 and 18T-96013 and the conditions of approval as at the present time. 2.14 The present right of the owner is to refer the conditions of draft approval to the Ontario Municipal Board. The present position of the parties is that the Alternative "B" transportation works rather than the Alternative "A" transportation works are reflected in these conditions of draft approval. Further, the present owner is not under any duty to transfer the addition to the Samuel Wilmot Nature Reserve and the clubhouse lands to the Municipality. . REPORT NO.: PD-54-99 PAGE 12 2.15 Conditions of Principles of Understanding The proposed Principles of Understanding are made expressly conditional on the passing of a new development charge by-law on or before July 31, 1999 which includes the chargeable portion of the Mill Street grade separation reconstruction and associated works and the park improvement costs referred to above which are equal at least to 75% of the aggregate of the estimated cost of these works. Further, they are conditional either on the new development charge by-law receiving final approval on or before August 31, 1999 or the owner giving the Municipality the written notice referred to in paragraph 2.5 above. When these conditions have been satisfied, the Principles of Understanding will be binding and fully effective. 3.0 CONCLUSION AND RECOMMENDATIONS 3.1 The proposed Principles of Understanding have been prepared following difficult and lengthy negotiations. They not only provide for a reasonable resolution of the issues between the parties and avoid the costs of an Ontario Municipal Board hearing, they also provide for a number of improvements and benefits to the Municipality in respect of transportation, lands to be transferred to the Municipality for park and open space purposes, improvements in the waterfront promenade, and in the planning of this important area of the Municipality. 3.2 We recommend that the proposed Principles of Understanding be approved by Counci I and that the necessary by-law to authorize the execution on behalf of the Municipality be passed. . REPORT NO.: PD-54-99 PAGE 13 Respectfully submitted, ~'//~J Stephen . Vokes, P. Eng., Director of Public Works Da I C me, M.C.I.P., R.P.P. Director of Planning and Development ri Marano, H.BSc., AMCT Treasurer Reviewed by, dr-~~ U Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer DH*ce 02106/99 Attachment No. 1 - Location Map Attachment No.2 - Resolution #C-738-97 Attachment No.3 - Principles of Understanding Interested parties to be notified of Council and Committee's decision: - . """...., ,.,J I " " ---_/" -----_.-------,'\"" ~ITJ\CHME:NT #1 - - -----\ o IJJ Z 50 o o z j t3l ~ <{ z o ~'. [:') o <{ t3l , z <{ u Cj o lL <{ w i'l, >-' m . !. ~\ .L:iK!f.LS NIAiJ7YIJ/ " ' ~,----'-~- . ' , ' , ' " " , ' " '\\\ , , ~____~?1NOHOl " '" !; ,I o Ill! !dJ L i'5 !;\' ~ ::t: a.., W 0: ~, ffi ~ ~ '" !;\' '" ll. !;\' ll. ~ ~ Iil 00<> E E ~ 00:' ~ ~ ffi ~""~I"" ..).' :;::: 1:5~ j!m w ~ <Il Z '" ll. o o o <n g 133~lS 01NOClO.l 03N:)llV:~ o~ lr903o~dS 'l3dO Ul ~:X)l6 \. z "nM ..... \ ~ g ~~~}:;":,,,',:,fr-:.~ ... \ ~~g~ ! 4':0 ~ ;~.J....1I~i' ...?\;. .. \ w<u . :<::r-f.'Si\'S(~i8'r,; .. .( _ // :i~I"":J.: \j.~\,l.~~~l': ~.~~ C:(.~--.:, I I ...t.:f.:l""/r. }'wZx:;.~ . r- 'Z '~I"d3.t\ ~-::t:,)~..:-(t' N 'i Q :"..!<.J:~""" ,,',..,,;<t.v-' ""::f W -'" "'.<!....~. ,~f'\-J}~{k1. ~~n@~f~Al.;' , .,X~~t.:\"'. ......... . ,. :><\1,':' ; ;i1~K~~}f'%~i~;l/.;<~{~.~~~~t~i:~l;.1:~~: '""'~t:.(j~'rr~' rV('{ ~j::.I.r~y"l'~ ",_.~...".. 'lff)~~ I _~..1;~,~1!;1'~;:,,1/""" ~~:;:~ W*~}~-r~;~:~~:(.i?'..~'J~~..ti~ .t -..r;;'>:" ..:\"t~~:e" ~ ul}t ':!. r' "'Ji../l'.1I'~'~ ..~.tt"\:t .f~.ri'r~:i:.(~:(1:;\:~~ <{.~.y;.J,~ ;r"; ..~. l,,~-:-:' ~~G~':.1l<lr.'t .i;'.J'0:..i'''~}'~!l{:' Qi a~J;tl ~,~~,~,,;.:,~y.i,~{' . (;l f I 01.)'.'1.'> ~~ t-,:'i ~Y.!>Ul L: ,,..{ (;;"";.r!...t~'1'!..'j"'.J' )." ! ~;;;,iih~~~,:'i} '<j' ~">}~t:r'~-i,;'~;';;<' ~ ,~?~'.fl'~ J;.y'~~S..z.lD:.:!r"'1l;f.) :-.'f,~.l" 1:.:0")" ~ ~M/)-'.'~:~~'t:0:t ;:j :~:~:'..r~}~;;;,ir~'{ ....~ ;...,.....t:/.l<~l'.;r. r'.1;-{ \0 .......'~.'..~:.lA.r.~~1:."t;~ ':"'i_('ll:{.t:J..~:"y...t"~'}. .,.~..'- ~'~r"'(r'I"~;I"'\:\'<' ..1. .,.;::~,}'~,~:,{;(;i:11i~h'\;:~?:i-~~~~:~' eo a 'D 0., I i;:;o, "" :::0.;'" "''"' "'''- '- :~~ ~Qg8iii~ 2~~8?'t ~~~~~~ mm~ l..D_ " l""'()! . . ! 1 fl" J;I ~~ ~~ H ! ,Im'!- , <'l ~ ~M~ = ~'ll;'l' Z ~ ~..!l, '~ _____1...::1 ~~ E ,.:L~ ~~ . Council Agenda - 20- October 14, 1997 UNFINISHED BUSINESS Resolution #C-737-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report PD-I40-97 be received; THAT the Region of Durham be advised that the Municipality of Clarington recommends approval of Phase II of the Port of Newcastle being the draft plan of Subdivision 18T-96013 dated July 30, 1997, subject to the conditions contained in Attachment No.1 to Report PD-140-97; THAT the Mayor and Clerk be authorized by by-law to execute the Subdivision Agreement between the owner of the proposed draft plan of Subdivision 18T-96013 and the Corporation of the Municipality of Clarington at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; THAT the amending by-law attached to Report PD-140-97 be approved and the Holding (H) Symbol be removed by by-law upon the execution of a Subdivision Agreement; and THAT all interested parties in Report PD-140-97 and any delegation be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-738-97 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-737-97 be amended as follows: "THAT the new Conditions of Approval of Final Plan Registration Requirements to be induded in the Subdivision Agreement be amended by renumbering Conditions 23. to 33. as Conditions 24. to 34. and by adding a new Condition 23. as follows: THAT the owner deposit a 'performance Guarantee' with the Municipality for the works required by the approval of the Draft Plan of Subdivision for Phase I (18T-91004) and Phase II (18T-96013) in accordance with the Municipality's standard subdivision agreement. The Performance Guarantee shall be in an amount equal to 100 percent of the works cost estimate approved by the Director of Public Works for the works, induding without limitation the 'Toronto Street Grade Separation Works' and the 'Toronto Street Road Reconstruction Works'. "CARRIED" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99-83 being a By-law to authorize the Principles of Understanding between the Corporation of the Municipality of Clarington and 1138337 Ontario Inc. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington and seal with the Corporate Seal, the Principles of Understanding between 1138337 Ontario Ine. and said Corporation; and 2. THAT the Principles of Understanding attached hereto as Schedule" A" form part of th i s By-law. By-law read a first and second time this 19" day of July, 1999. By-law read a third time and finally passed this 19" day of July, 1999. MAYOR MUNICIPAL CLERK rl.11rl......llaILI...t I"'V..) THESE PRINCIPLES OF UNDERSTANDING made as of this 7th day of April, 1999 (the "Principles"). BET WEE N: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("the Municipality") OF THE FIRST PART - and- 1138337 ONTARIO INC. ("the Owner") OF THE SECOND PART PRINCIPLES OF UNDERSTANDING WHEREAS: A. The Owner is the owner in fee simple of certain lands and premises more particularly described in Schedule "A" hereto ("the Lands"), sUbject to a mortgage in favour of "The Bank of Nova Scotia". The Owner is also the owner of certain other lands in the Port of Newcastle as defined by the Municipality's Official Plan. B. The Owner has applied for and received approval by the Region of Durham of draft Plan of Subdivision 18T-91004 (Port of Newcastle Phase I) and draft Plan of Subdivision 18T-96013 (Port of Newcastle Phase II), both approvals being subject to conditions imposed by the Region of Durham and by the Municipality, respectively. -2- C. The purpose of these Principles is to resolve differences between the Parties respecting draft Plans of Subdivision 18T-91004 and 18T-96013 and certain of the conditions of approval of these draft Plans of Subdivision without the necessity of commencing proceedings to have them determined either by the Ontario Municipal Board or by the Court. D. Certain conditions of the Region of Durham and the Municipality to the approvals of draft Plans of Subdivision 18T-91004 and 18T-96013 presently refer to certain road and bridge construction, reconstruction or improvement works including the "Toronto Street Grade Separation Construction Works", the "Toronto Street Road Reconstruction Works" and the "Mill Street Reconstruction Works". (These three works are described in the Municipality of Clarington's Planning and Development Report PD-90-96 on file with the Municipality's Clerk. The latter two works are referred to collectively hereinafter as the "Original Mill and Toronto Streets Associated Works"). E. The conditions referred to in Recital "D" are consistent with the Council of the Municipality's selection of the Option "B" works rather than the Option "A" works as described in Report PD-90- 96. F. The principal difference between the permanent works required under Option "A" and Option "B" is that Option "A" would require the reconstruction of the existing C N Rail structure comprising the Mill Street grade separation (the "Mill Street Grade Separation Reconstruction Works"). The Mill Street Grade Separation Reconstruction Works are described in Schedule "B" hereto. As well, Option "A" requires the construction of the "Street "A" External Works" and the "Toronto and Mill Street Improvement Works" which also are described in Schedule "B" hereto. The Mill Street Grade Separation Reconstruction Works, the Street "A" External Works, and the Toronto and Mill Street Works are intended to replace the Toronto Street Grade Separation Construction Works and the Original Mill and Toronto Streets Associated Works. G. In order to resolve certain of the differences between the Parties, they have agreed that the Mill Street Grade Separation Reconstruction Works, the Toronto and Mill Street Works, and the Street "A" External Works should replace the Toronto Street Grade Separation Construction Works and the Original Mill and Toronto Streets Improvement Works and that the conditions imposed by < .3- the Region of Durham and the Municipality to their respective approvals of draft Plans of Subdivision 18T-91004 and 18T-96013 should be amended as set out below as soon as reasonably practicable after the occurrence of the "Unconditional Date" (as hereafter defined) of these Principles. H. A Development Charge Background Study has been commenced by the Municipality pursuant to subsection 10 of the Development Charges Act, 1997 (the "1997 DC Act"). Without fettering in any way the Council of the Municipality in the exercise of its legislative powers, the Parties hereto will record their present intention that the services attributable to the anticipated development within the Municipality of Clarington to which the development charges by-law for the Municipality to be passed under the 1997 DC Act should relate, should include the Mill Street Grade Separation Reconstruction Works and the cost of improvement of the neighbourhood parks shown on draft Plans of Subdivision 18T-91004 and 18T-96013, respectively. (The new development charges by-law which is to be passed under the 1997 DC Act is referred to hereafter as the "New Development Charge By-law.") I. The Parties have agreed to work collaboratively in good faith to resolve all issues respecting the draft Subdivision Agreement for draft Plan of Subdivision 18T-91 004 which has been prepared by the Municipality (Draft #4 - February 26, 1999) as well as respecting any necessary amendments to the conditions of draft approval of draft Plans of Subdivision 18T-91004 and 18T- 96013 imposed by the Region of Durham and the Municipality, respectively, by April 30, 1999. J. The execution of these Principles is authorized by By-law No. _ passed by the Council of the Municipality on , 1999. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: -4- 1. Recitals and Schedules (1) The Recitals contained in these Principles form part of the Principles to the same extent and effect as would be the case if they had been included in the text of the Principles as covenants given by the Parties to each other. (2) The following Schedules which are attached hereto together with all provisions therein are hereby made a part of these Principles as fully and for all purposes as would be the case if they were set out in the text of these Principles as covenants and agreements: Schedule "A" Schedule "B" Schedule "C" Schedule "D" Description of Lands Description of Certain Works Schedule of Security Requirements Plan Showing Promenade and Vehicular Parking on Portion of Block 207 2. Princioles Conditional These Principles are conditional on: (i) the Municipality's Council enacting on or prior to July 31, 1999 the New Development Charge By-law which includes as components of the development charge both the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of the Cost of Neighbourhood Parks Improvement Works and that the total of such Chargeable Portions is equal at least to seventy-five (75%) per cent of the aggregate of the estimated cost of these Works; and EITHER (ii) the "Date of Final Approval" (as hereafter defined) occurring on or prior to August 31,1999; OR (iii) if the Date of Final Approval does not occur on or prior to August 31, 1999, prior to the occurrence of the "Date of Final Disposition" (as hereafter defined), the Owner giving the Municipality written notice that the Owner wishes to proceed to register a final plan of subdivision in respect of the whole or any portion of the lands included within draft Plan of Subdivision 18T-91004 in accordance with clause 7(a) hereof, and on the date of satisfaction of the later of either clauses 2(i) and (ii) or clauses 2(i) and (iii) to occur (the "Unconditional Date"), these Principles shall be deemed to be -5- unconditional and in full force and effect. 3. Unwindina of Princioles (a) These Principles shall unwind and have no force or effect on and after August 1, 1999 if the condition set out in clause 2(i) is not satisfied. If neither the conditions set out in either clauses 2(i) and (ii) or clauses 2(i) and (iii) are satisfied, these Principles shall unwind and have no force or effect on and after the day on which the Date of Final Disposition occurs. (b) On and after the day on which these Principles unwind as provided in paragraph 3(a), the Owner and the Municipality shall be free to take any action or to commence any proceeding that each of the Owner and the Municipality may consider to be in their respective interests with respect to either or both of draft Plans of Subdivision 18T-91004 and 18T-96013, including without limitation, approval of either or both of them and/or anyone or more of the conditions of draft approval of either or both of them by the Region of Durham or by the Municipality. 4. Reolacement of Toronto Street Bridae. etc. with Mill Street Bridae Reconstruction Forthwith after the occurrence of the Unconditional Date, the Parties will take all necessary actions in good faith in order to have substituted the requirements of the construction of the Mill Street Grade Separation Reconstruction Works, the Toronto and Mill Streets Works and the Street "A" External Works, for the requirements of the construction of the Toronto Street Grade Separation Construction Works and the Original Mill and Toronto Streets Associated Works in the conditions of approval of draft Plans of Subdivision of 18T-91 004 and 18T-96013 imposed by the Region of Durham and the Municipality, respectively. Without limiting the generality of the foregoing, these actions shall include requesting the Region of Durham to amend the conditions of approval of draft Plans of Subdivisions 18T- 91004 and 18T-96013 as necessary to implement this paragraph. 5. New Develooment Charae Studv and By-law (a) Without fettering in any way the Municipality's Council in the exercise of its legislative powers, the Parties record their present intention that the Municipality will include the permitted portion of the estimated cost of the Mill Street Grade Separation Reconstruction Works, including but not limited to any financing costs (the "Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works"), and the permitted portion of the cost of improvement of parks on Block 195 on draft Plan of Subdivision 18T-91 004 and Blocks 165 and 166 -6- on draft Plan of Subdivision 18T-96013 including but not limited to any financing costs (the "Chargeable Portion of the Cost of the Neighbourhood Parks Improvement Works"), in its current Development Charge Background Study under the 1997 DC Act, so that amounts that are equal to the increased capital costs of these works that are caused by increased needs for services arising from the development of the Municipality, will be costs to be recovered by a development charge imposed in respect of development in the Municipality of Clarington. The Parties also record their present intention that, without fettering the Municipality's Council in any way in the exercise of its legislative powers, such costs will be included as components of a Municipality-wide development charge impos.ed by the New Development Charge By-law which the Municipality's Council may enact under the Act on or prior to July 31, 1999. The difference between the cost of the Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of these Works is referred to in these Principles as the "Non-Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works". The difference between the cost of the Neighbourhood Parks Improvement Works and the Chargeable Portion of these works is referred to in these Principles as the "Non-Chargeable Portion of the Cost of the Neighbourhood Parks Improvement Works". (b) It is understood and agreed by the Parties that the Toronto and Mill Street Improvement Works, and the Street "A" External Works comprise "Related Local Services" which the Owner will be required to construct at its expense. The estimated cost of Related Local Services will not be included in the New Development Charge By-law. 6. If New DeveloDment Charae By-law Passed Which Includes Charaeable Portion of Costs (a) Paragraph 6 applies in the event that a new Development Charge By-law is passed by the Municipality's Council on or prior to August 31,1999 pursuant to the 1997 DC Act which includes as components of the development charge the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of the Cost of the Neighbourhood Parks Improvement -7- Works. Not later than sixty (60) business days after the day on which the "Date of Final Approval" (as hereafter defined) of the New Development Charge By-law occurs, the Owner either shall pay to the Municipality an amount of money which is equal to the aggregate of the Non-Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Non-Chargeable Portion of the Cost of the Neighbourhood Parks Improvement Works or shall authorize the Municipality to draw down the aforesaid amount from the securities which the Owner has on deposit with the Municipality and which are not required for the purposes for which they were deposited. (b) For the purposes of these Principles, the term "Date of Final Approval" means: (i) if an appeal to the Ontario Municipal Board in which the appropriateness of including the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and/or the Chargeable Portion of the , Neighborhood Parks Improvement Works in the Municipality's New Development Charge By-law may be raised by an appellant, is not commenced before the expiry of the appeal period provided in the Act, the first day following the date of expiry of the appeal period; or (ii) if one or more appeals to the Ontario Municipal Board in which the appropriateness of including the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and/or the Chargeable Portion of the Cost of the Neighborhood Parks Improvement Works in the Municipality's New Development Charge By-law may be raised by the appellant, is commenced in accordance with the Act, the first day following the date on which the last of such appeals is dismissed, discontinued or withdrawn with the consequence that the development charge under the New Development Charge By-law which includes as components of the development charge the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of the Cost of the Neighborhood Parks Improvement Works, is in force. -8- 7. If Develooment Charae Bv-Iaw Not Passed etc. (a) Paragraph 7 applies in the event that (1) the Date of Final Approval of the New Development Charge By-law which includes as components of the development charge the Chargeable Portion of the Cost of Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of the Cost of the Neighbourhood Parks Improvement Works does not occur on or prior to August 31, 1999, and (2) on or before the "Date of Final Disposition" (as hereafter defined), the Owner gives written notice to the Municipality that it wishes to proceed to register a final plan of subdivision in respect of the whole or any portion of the lands included within draft Plan of Subdivision 18T-91 004 or the lands included within draft Plan of Subdivision 18T-96013. In such event, the Owner shall deposit security with the Municipality in accordance with paragraph 8 and in accordance with the Schedule of Security Requirements contained in Schedule "C" hereto so that prior to the issuance of the Two Hundred and Fiftieth (25Oth) building permit for proposed buildings on the Lands, undrawn on security for the Mill Street Grade Reconstruction Works in an aggregate amount equal to whichever is applicable of the "Works Cost Estimate" or the "Revised Works Cost Estimate" (both terms to be defined in the Subdivision Agreement) as required by the Subdivision Agreement, is deposited with the Municipality. The Owner shall also deposit one hundred (100%) per cent security for the construction of the park shown on both draft Plans of Subdivision 18T-91 004 and 96013 as is required by the Subdivision Agreements in respect of such plans. (b) If the Owner gives written notice to the Municipality that it wishes to proceed to register a final plan of subdivision in accordance with clause 7(a), and subsequent to the Owner's deposit of an increase(s) in the amount of the security deposited with the Municipality as provided in clause 7(a) hereof, the Date of Final Approval of the New Development Charge By-law which includes as components of the development charge the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of the Cost of the Neighbourhood Parks Improvement Works occurs, forthwith after the date of such occurrence and the payment to the Municipality of an amount of money equal to the aggregate of the amounts of the Non-Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Non-Chargeable Portion of -9- the Cost of the Neighbourhood Parks Improvement Works, the Municipality shall return the security deposited with the Municipality in respect of the Mill Street Grade Separation Reconstruction Works and the Neighbourhood Parks Improvement Works. (c) For the purposes of these Principles, the term "Date of Final Disposition" means the first (1st) business day following the day on which the Ontario Municipal Board orders that the development charge imposed by the New Development Charge By- law respecting the Chargeable Portion of the Cost of the Mill Street Grade Separation Works and the Chargeable Portion of the Cost of the Neighbourhood Parks Improvement Works is amended or ordered to be amended exclude either or both such Chargeable Portions or the By-law is repealed or ordered to be repealed by the Ontario Municipal Board pursuant to the 1997 DC Act, with the effect of excluding either or both the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of the Cost of the Neighbourhood Parks Improvement Works as components of the Municipality's development charge is payable in respect of development in the Municipality on or after the day on which the New Development Charge By-law is enacted. 8. Security for Certain Works This paragraph 8 applies where the events set out in either paragraph 6 or clause 7(a) occur. For the avoidance of doubt, this paragraph 8 is not intended to derogate in any way . from the Schedule of Security Requirements contained in Schedule "0" hereto in respect of the Mill Street Grade Separation Reconstruction Works. The Owner shall deposit with the Municipality unconditional and irrevocable letters of credit issued by a bank listed in Schedules I or II of the Bank Act containing terms and conditions satisfactory to the Municipality's Treasurer to secure performance of the owner's covenants as follows: 1. Mill Street Grade SeDaration Reconstruction Works $150,000. prior to the issuance of an Authorization to Commence Works (as provided for in the Subdivision Agreement), on any portion of the lands within -10- draft Plan of Subdivision 18T-91 004 _ $150,000. prior to the issuance of a building permit for the thirty-fifth (35th) building proposed to be constructed on the lands within draft Plan of Subdivision 18T-91004 _ $150,000. prior to the issuance of a building permit for the seventieth (70'h) building proposed to be constructed on the lands within draft Plan of Subdivision 18T-91004 _ Balance of required payment or security in accordance with the provisions of either paragraph 6, or clause 7(a) and Schedule "D", as may be applicable. 2. Toronto and Mill Streets Imorovement Works and Street "A" External Works _ One hundred percent (100%) of the "Works Cost Estimate" as set out in Schedule "J" of the Subdivision Agreement or the '"Revised Works Cost Estimate" as provided for in the Subdivision Agreement, as the case may be, prior to the issuance of an Authorization to Commence Works for these Works on any portion of the lands included within draft Plan of Subdivision 18T-91 004. 3. Other Works _ As required by the Subdivision Agreement. 9. Adiustment in Estimated Cost of Works The provisions of the draft Subdivision Agreement referred to in paragraph 12 hereof respecting the periodic adjustment of the "Works Cost Estimates" by the preparation and approval by the Municipality's Director of Public Works of the "Revised Works Cost Estimates" for the Mill Street Grade Separation Reconstruction Works and the Neighbourhood Parks Improvement Works shall apply to these Principles with all necessary changes being considered to have been made to give effect to the intent of these Principles. 10. Lands To Be Transferred to Municioality Prior to the expiry of thirty (30) business days (excluding Saturdays and Sundays) following the day on which the Unconditional Date of these Principles occurs, the owner shall transfer to the Municipality the following lands: (i) Block 201 on draft Plan of Subdivision 18T-91004 excluding therefrom the lands shown as Block 170 on draft Plan of Subdivision 18T-96013 and the lands shown as Part 1 on Reference Plan 40R-15577, and -11- (ii) Block 194 on draft Plan of Subdivision 18T-91004 as modified by draft Plan of Subdivision 18T-96013 comprising approximately 0.715 ha. The transfers shall be made for a nominal consideration and shall create in the Municipality good and marketable title in fee simple free and clear of encumbrances and restrictions other than the temporary construction and emergency access road which is located on a portion of Block 194 on Plan 18T-91004. 11. Amendments of Conditions of Draft ADorovals (a) The Parties acknowledge that certain amendments may need to be made to the Region of Durham's and the Municipality's conditions of approval of draft Plans of Subdivision 18T-91004 and 18T-96013 to implement these Principles, to correct inconsistencies between draft Plan of Subdivision 18T-91004 and 18T-96013, and/or to modify the provisions respecting Open Spaces shown or proposed to be shown on the aforesaid plans of subdivision. Without derogating from the foregoing, forthwith , after the Unconditional Date the Parties will request the amendment of its conditions of approval of draft Plan of Subdivision 18T-91004 to require the transfer to the Municipality of a perpetual easement in the portion of Block 207 which is shown on Schedule "0" hereto, for use as a pedestrian promenade, access to the beach, and associated vehicular parking. The transfer together with transfers of appropriate temporary easements of access shall be made before the registration of the final plan for the first phase of development of lands within draft Plan of Subdivision 18T-91 004. (b) The Owner and representatives of the Municipality will work collaboratively in good faith resolving all issues respecting the conditions of draft approvals so that the terms of appropriate amendments to the Region of Durham's and to the Municipality's conditions of approval of draft Plans of Subdivision 18T-91004 and 18T-96013 will be settled by the Parties by not later than April 30, 1999. 12. Subdivision Aareement ResDectina Plan 18T.91004 The Owner and representatives of the Municipality will work collaboratively in good faith to resolve the issues which the Owner has raiSed concerning the provisions of the draft -12- Subdivision Agreement (Draft #4 - February 26, 1999) respecting the lands within draft Plan of Subdivision 18T-91004 by not later than April 30, 1999. 13. Phase I. Stage I of Draft Plan 18T -91004 This paragraph 13 applies where (1) the events set out in either paragraph 6 or clause 7(a) have occurred. (2) necessary amendments to the conditions of draft approvals have been made by the Region of Durham and by the Municipality, respectively, and (3) the Subdivision Agreement respecting the lands within draft Plan of Subdivision 18T-91 004 has been executed by the Parties to it. A copy of the draft final plan of subdivision of Phase I, Stage I comprising part of the lands included within draft Plan of Subdivision 18T-91004 which shows 104 residential lots plus lands for supporting infrastructure, is contained in Schedule "0" hereto (the "Phase I Stage I Lands"). The Municipality will recommend approval of this final plan of subdivision to the Region of Durham provided that the events set out either in paragraph 6 or in clause 7(a) hereof have occurred, and provided further that the conditions of approval of draft Plan of Subdivision 18T-91004 are amended by the Region of Durham and the Municipality, respectively, as contemplated by paragraph 12 hereof. 14. ADDroval of Other Final Plans Notwithstanding any other provisions of these Principles, the Owner will not request approval of a final plan of subdivision of any lands within either or both draft Plans of Subdivision 18T -91004 and 18T-96013 other than the final plan for the Stage I Phase I Lands until: EITHER (i) the Date of Final Approval has occurred and the Owner has paid to the Municipality the amounts required to be paid under paragraph 6 hereof; OR (ii) prior to the Date of Final Disposition, the Owner has given the Municipality written notice in accordance with clause 7(a) hereof and has deposited with the Municipality 100% security for the cost of the Neighbourhood Parks Improvement Works located . -13- on either or both draft Plans of Subdivision 18T-91004 and/or 18T-96013 to which the requested final plan will apply. 15. Parties to Co-ooerate in Good Faith Until the termination of these Principles, the Parties will act in good faith and will co-operate to implement each of the provisions of the Principles. 16. Notice If any notice or other document is required to be or may be given by either Party hereto to the other, such notice shall be transmitted by telefax or mailed by prepaid registered post or delivered to: The Owner 1138337 Ontario Inc. c/o Mr. William Daniell The Kaillin Group Ltd. 1029 McNicholl Avenue Scarborough, Ontario M1W 3W6 Tel: (416) 495-7050 Fax: (4160495-8820 The Municipality: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1C 3A6 Attention: Chief Administrative Officer Tel: (905) 623-3379 Fax: (905) 623-0830 or such other telefax number or address of which either Party has notified the other Party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the 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. , . .14- 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 shall be sent by alternate means of transportation which it may be reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. 17. No Referral of Conditions of Draft Approval Prior to Date of Final Disposition The Owner agrees that it will not refer or take any steps to refer or appeal the conditions of approval of draft Plan of Subdivision 18T-91004 or draft Plan of Subdivision 18T-96013 to the Ontario Municipal Board, or commence an application to a Court in respect of any of them until the first (1 st) business day following the occurrence of the Date of Final Disposition. 18. No Credit etc. Under 1997 DC Act If, on or prior to July 31, 1999, the Municipality passes a New Development Charge By-law under the 1997 DC Act which imposes a development charge in respect of development in the Municipality of Clarington and which includes the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of the Cost of the Neighborhood Parks Improvement Works as components of the development charge, the Owner will not object to such By-law or complain under the 1997 DC Act of the development charge imposed by the aforesaid By-law, nor to the amount that the Owner or any other person will be required to pay in respect of the development of the whole or any portion of the Lands or any other lands in the Port of Newcastle area as defined by the Municipality's Official Plan which are owned by the Owner on the ground that the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and/or the Chargeable Portion of the Cost of the Neighbourhood Parks improvement Works have been or have not been included in the development charge, nor shall the Owner request or suffer any person to request a credit in respect of the Chargeable Portion of the Mill Street Grade Separation Reconstruction Works, the Non-Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works, the Chargeable Portion of the Cost of Neighborhood Parks Improvement Works and the Non-Chargeable Portion of the Cost of the Neighborhood Parks Improvement Works, or anyone or more of them. , 19. DmR nne shall be of 1M _I ence of 1IIMe Prindfllet. 20. AlIIMfItv ", lIuMehYlUtv Th. 0M1et lIClcIIo'11 ~. Met ....1IWt1ll8 Munlclpally Il8I ~ to enlI!I'lnlO.... PmclPM. that ftWY IllVYiIlon hII90I is ac.ll....u.J by 1M '-.1ll'lCI that the PI\.ciIlIlI .. _....."ad by the MllnIdPllIlY In rtlIInca on the IIClreemenl aM ac:lcnowfJdgamant of the OMIII'. afoI~ 2.1. &II... Ant l1\ue PtIndple5 of UllcIel6l11o,dl,l!J Ih8Illll'lUrt to the benefit of and be blrdnQ on till P8Ities heNto and their ~ aucceaora M1d asiQlll. IN WITNESS 'Ml1llEOF thll plJtlea her8\0 IlIYll hnunlo At tlltlr h;nQc and ... the ~ III1Cl yur firIt uove WIItlen .nd the PaItIIs hMIo hae hereunto Ilt!iXtd tIl5 OOITlO..... .... by ttlI hanclll of tI1eIr proper GlIlOlra dUly authoriZed Wllhat behlllf. lMI CORPORATION OJ: 1M! IIIUHlCfllAUTY OF CLARlNGTON Mayor Qari( ~~\I.I;"\. ~~ ....\ ~ .J \J..... ~.l_. ~_ ~ N8m0: TiIIt: SCHEDULE "B" Description of Certain Works MILL STREET GRADE SEPARATION RECONSTRUCTION WORKS: The Mill Street Grade Separation Reconstruction Works include all components of the grade separation works of suitable size, style, location, alignment and capacity, in addition to all works recommended in the draft Functional Planning Report-Mill Street eN Rail Subway, prepared by Totten Sims Hubicki Associates (1991) Limited dated February 1995, as finally approved by and on file with the Director. Such works shall include the reconstruction of Mill Street from the Toronto StreetlHwy. 401 access intersection, including the intersection improvement and any necessary related works, southerly to the north limit of Clarke Street, and shall include all studies, reports, monitoring, public hearings, notices, land acquisitions, approvals and permits, detours, transitions, tapers, connections to adjacent services, roads and entrances including restoration, and accommodation and installation of all public utilities as necessary, fences, railings, all structural, geotechnical and engineering studies, tests, monitoring and certifications all streetscape components including street trees, boulevard topsoil and sodding, grading, temporary and permanent structures, sanitary and storm sewers and connections and structures, watermains and appurtenances, ditches, culverts, open channels, storm outfalls, manholes, catchbasins, road subgrade, base granular material, base and top curb and gutter, sidewalks, traffic control, pavement and pavement markings, signs, lighting, and any other facilities, appurtenances and oversizing deemed necessary by the Director, all being designed and constructed to the satisfaction of the Director (the "Mill Street Grade Separation Reconstruction Works"); TORONTO AND MILL STREETS IMPROVEMENT WORKS: The "Toronto and Mill Streets Improvement Works" shall consist of: i) installation of all components of the Toronto Street construction and emergency access road improvement works from the Toronto Street CN railway crossing southerly and easterly to the west limit of Plan 18T-91004 or the west limit of the Phase I of the Development of the Works. Such works to consist of improvements to the existing vertical road grade at Foster Creek, including all necessary permits and approvals, culvert replacements and expansions, road subbase and base granulars and all related -2- works and restoration and a temporary road from the existing limits of Toronto Street easterly to the west limit of Plan 18T-91004 or the west limit of Phase I of the Development of the Lands, consisting of suitable road granulars and location and width, as shown on Drawings P-21, P-22 and P-23, Project No, 10-96609 prepared by Marshall Macklin Monaghan Ltd. Dated December, 1996 as finally approved by and on file with the Director; and, ii) installation of all components of the Mill Street temporary improvement works including the provision of suitable traffic control signalization of the underpass for the control of one way traffic operation and provision for an emergency vehicle override mechanism if prescribed; a separate pedestrian and cyclist tunnel at the underpass structure of suitable size, style, location, alignment and capacity; and, aesthetic improvements to, and in the vicinity of, the underpass structure. Such works to include all studies, reports, monitoring, public hearings, notices, land acquisitions, approvals and permits, detours, transitions, tapers, sidewalks, connections to adjacent services, grading, temporary and permanent structures, pavement and pavement markings, signs, lighting, accommodation and installation of all public utilities as necessary, fences, railings, all structural, geotechnical and engineering studies, tests, monitoring and certifications, and any other facilities, appurtenances and oversizing deemed necessary by the Director, all being designed and constructed to the satisfaction of the Director, (in consultation with the Fire Chief), and CN railway, consistent with Drawing No. P-11, Project No. 10-96609 prepared by Marshall Macklin Monaghan Ltd. dated December, 1996 as finally approved by and on file with the Director. STREET" A" EXTERNAL WORKS: "Street "A' External Works" are located from the south limit of the "Mill Street Grade Separation Reconstruction Works" southerly to the collector road at the north limit of Plan 18T-91004, and shall consist of an urbanized collector roadway of suitable width, horizontal and vertical alignment and shall include the installation of sanitary sewers, storm sewers and watermains, including all mains, connections, manholes, service connections, catchbasins, ditching, open channels, storm outfalls and structures, road subgrade, base granular materials, base curb and top curb and gutter, -3- sidewalks, asphalt, traffic control, pavement markings, street signs, street lighting and including all necessary transitions, tapers and roadway connections required to accommodate existing roadways, entrances or driveways including restoration, and all streetscape components including street trees, boulevard topsoil and sodding, and any other appurtenances and oversizing necessary, as consistent with Drawings No. P-S, P-9, P-10 and P-12, Project No. 10-96609, prepared by Marshall Macklin Monaghan Ltd. dated OctoberlDecember, 1996 as finally approved by and on file with the Director. SCHEDULE "cn Schedule of Securitv Requirements 1. The current estimated cost of the Mill Street Grade Separation Reconstruction Works is four million, four hundred and seventy two thousand ($4,473,000.00) dollars (the "Starting Estimated Cost"). The Parties acknowledge that a Revised Works Cost Estimates when approved by the Director (the "Revised Works Cost Estimates"), may estimate the cost of such Works either at an amount equal to the Starting Estimated Cost or the "Adjusted Starting Estimated Cost" (as hereafter defined), as the case may be, or at an amount which is in excess of, or is less than the Starting Estimated Cost or the Adjusted Starting Estimated Cost, whichever is applicable. On the day that the Director gives written notice to the Owner, pursuant to the Subdivision Agreement, that he has approved the Revised Works Cost Estimates, for this Work, the Revised Works Cost Estimates shall be deemed to be substituted for the Starting Estimated Cost for the purposes of this Agreement. 2. The Starting Estimated Cost and when it is replaced, the Revised Works Cost Estimates for the Mill Street Grade Separation Reconstruction Works, shall be adjusted on the dates (the "Adjustment Date") specified in and in accordance with the Index set out in the New Development Charge By-law to be passed under the 1997 DC Act. (The Starting Estimated Cost and the Revised Works Cost Estimates as so adjusted from time to time are called in this Agreement the "Adjusted Starting Estimated Cost" and "Adjusted Revised Works Cost Estimates", respectively.) In the case of the Starting Estimated Cost, the first Adjustment Date on which the Adjusted Starting Estimated Cost shall be determined is the Adjustment Date which immediately follows the day as of which this Agreement is made. In the case of the Revised Works Cost Estimates, the first Adjustment Date on which the Adjusted Revised Works Cost Estimates shall be determined is the Adjustment Date which immediately follows the day on which the Director gives written notice to the Owner of his approval of the Revised Works Cost Estimates. 3. If paragraph 7(a) hereof applies, subject to clause 4 of this Schedule prior to the application for each of the following building permits for dwelling units proposed to be constructed on the Lands to which draft Plan of Subdivision 18T-91 004 applies, the Owner shall increase -2- the amount of the securities referable to the Mill Street Grade Separation Reconstruction Works which are deposited with the Municipality by depositing with the Municipality's Treasurer cash or an irrevocable and unconditionalletter(s) of credit issued by a bank listed in Schedule I or Schedule II of the Bank Act acceptable to the Municipality's Treasurer and containing terms satisfactory to the Municipality's Treasurer as follows: IF STARTING ESTIMATED COST IS IN EFFECT Prior to Application for the Building Permit Which Is or Includes Dwellinq Unit No. Required Amount of Securitv 105 151 201 251 301 $1,927,863.00 $ 2,571,975.00 $ 3,211,61400 $ 3,855,726.00 $ 4,473,000.00 IF STARTING ESTIMATED COST IS NOT IN EFFECT Prior to Application for the Building Permit Which Is or Includes Dwellinq Unit No. Required Prooortionate Securitv 105 43.1 % of the amount of the Revised Cost Estimate or the Adjusted Revised Cost Estimate, as the case may be. 151 57.5% of the amount of the Revised Cost Estimate or the Adjusted Revised Cost Estimate, as the case may be. -3- Prior to Application for the Building Permit Which Is or Includes Dwellinq Unit No. Required Proportionate Securitv 201 71.8% of the amount of the Revised Cost Estimate or the Adjusted Revised Cost Estimate, as the case may be. 251 86.2% of the amount of the Revised Cost Estimate or the Adjusted Revised Cost Estimate, as the case may be. 301 One hundred (100%) of the amount of the Revised Cost Estimate or the Adjusted Revised Cost Estimate, as the case may be. 4. For greater certainty, if the Works Cost Estimates are in an amount that differs from the Starting Estimated Cost, the Adjusted Starting Estimated Cost, the Revised Works Cost Estimates, or the Adjusted Revised Works Cost Estimates, whichever is applicable, the amount of any such difference shall be distributed in equal parts among the aforesaid portion of the security for the Mill Street Grade Separation Reconstruction Works which then remains to be deposited with the Municipality. . SCHEDUL~ "D" PIlIn ShowfnaP rom_dellnd V on Portion of Block ~~~Ulllr Parklna J I- Z <( U .-J 0... (L <( -'-' <t:<t: ~u ~el -~ V'l;E N~8 <0 ......~o(ft :::.:::0.. ..c~ g5E!b;5 -,::>o~<X) a:l::;:r:N'l" u ,~ . .... ...... z:o. I~ ~ ~ '" <I" .. ... o $ ~ \) ~ ~ ~ 7 "- .:/ ~ -} " ** TOTAL PAGE.26 ** ATTACHMENT 112 [+] July 5, 1999 The Kaitft:n Group Ltd. Mr, Warren Munroe, Planner Planning Department The Municipality of Cia ring ton 40 Temperance Street BowmanvilJe, Ontario LIe 3A6 1029 McNicc.l1 AVCOllC SC.l.l1"boraugh. 01ltano MIW 3W6 T€>lcl'hf)nc (416) 495.7050 Fax (416) 495-8820 Dear Sir, Re: Letter of Undertaking Conveyance of JJands for Road Allowance For 'Port of Newcastle Drive' 'Port of Newcastle; Development As requested we hereby provide this Letter of Undertaking that if the Municipality accepts the transfers oflands directly from Ontario Hydro (namely Parts 4,5,6 and 12-18 inclusive on Plan 40R.18328) and the Regional Municipality of Durham (namely Parts 8,9, [0 of Plan 40R-18328), that Kaitlin will comply with the provisions of the Municipality's core subdivision ah'Teement dealing with transfers, as set out in Draft #8 of the subdivision agreement for Plan 18T -91004, Kaitlin will also indemnify the Municipality against all costs associated with the transfers including Land Transfer Tax, Further Kaitlin has undertaken to be responsible for the construction of the road and services on them pursuant to the subdivision agreement for Plan 18T -91004, and, ifthe Principles of Understanding unwind, and eitber or both draft Plans 18T-91004 and 18T-96013 are taken before the Ontario Municipal Board, tbe Municipality's ownership oftbe lands in question will not be used to support any relief that Kaiilin may seek of the Board, or to respond to any position that the Municipality might take respecting dran Plans 181-91004 and 18T-96013, We trust that the foregoing is satisfactory, however please do not hesitate to contact the undersigned in the event further discussion or clarification is required, Kelvin Whalen, p, Eng" Vice-President, Land Development cc: Drew Dowling, Walker Head . /f n " I " ~ \\ ~ ! '. , , 1 . , , 1 1 i - ~ a ,--=- 'M ""Y .. .L;i;mJ.s + 6'1 d [T'l' " 'Iil'!" i ~ : ~ } I ,1\ I ~'~", --l--__LJ-/l I I 'I I, I I I, I I \ I \ ~ I \ _, I I ...., I I I I, I I I I I ~ I I \ .. I" I, ~ I I I I I I I I I f----_ z o b z ~ () ::iE <C o i5 ..... ct:: ~ 0 D :;) ~ D ~ '0 -' o ~ ct:: 5 () ~ " z z w :;) o ct:: ::iE z ~ ;2 ~/I~I';'"'' I' :i!H':: ,/, fift ~ ATTACHMENT NO.3 " I 111111 ~------ 11111 I '" \ I ~ 111111 I,n:< \ II I ' I " 11111 " I I '\1 ~;l' '\_L------~-~--JII NI \ \ I '! II' ..-lU' - .. '. I ~------' - N!./I.(!11'Jf J07 l E r" , ~ \ II Ie \_'\11\ \. IiJ 1 '1\1 . \.\ -\ \ f , '~ I)'J' \~\l "'-_ \ 1'\ \ . '~: ~ . i; '. ,'\ \ '1 " I \~ \ ~ 1.1 \\\ L-r Ii ----------------____1\ .\\\ I ~ -- I \ \ \ \. ' " ,)(,~'-l I --( .,I' \, '----- _\ :' ~+l1) . 11 . i:i 111 I , c WW >a: _a: a:~ Of/) Z w<( .J~ t-w cnal <(0 01- ~~ wZ z~ .... 0 O!:!: t-J: a:~ o~ D.S: o , ! ~ ATTACIIMCNT' .. , 'IL:; !J \~ ~, ~ , \\'\~ , // / U~~r u--'lflJ N W+E S . . e / / / .c [ 'S 0 L III .; III ;:, :e SOU ~ Highway 401 .... 1 Toronto St . ... Mill St\C.N.R. SubWay Option 1 . Single Lane,Slgnallzatlon and Pedestrian Walkway Option 2. Do Nothing .; III ~ e o ... tel' creel' fOS LAKE ONTARIO _ela,.i~~ton LEGEND Option 1 - 1,1 km .....-option 2 - 2,9 km N.T.S. AlTACi+fl!T NO. 4 PORT OF NEWCASTLE PLAN 1ST -91004 INTERIM ACCESS OPTIONS FOR PHASE 1 July 9, 1999 t, ~ , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99-_ being a By-law to authorize the Municipality to accept the transfer of lands from Ontario Hydro and the Regional Municipality of Durham, relying of a written undertaking from The Kaitlin Group Limited. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to accept transfers from Ontario Hydro and the Regional Municipality of Durham to partially acquire a portion of the road allowance for Port of Newcastle Drive, located in Lots 28 and 29, Concession 1/ former Village of Newcastle; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington will accept the following transfers: 1. Parts 4 to 6, all inclusive, and 12 to 18, all inclusive, on Plan 40R-18328 from Ontario Hydro. 2. Parts 8 to 10, all inclusive, on Plan 40R-18328 from the Regional Municipality of Durham. BY-LAW read a first time this day of 1999. BY-LAW read a second time this day of 1999. BY-LAW read a third time and finally passed this day of 1999. MAYOR CLERK