HomeMy WebLinkAboutPD-54-99
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IINFINISHIID BUSINESS
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Date:
REPORT
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # ~'1/c:vf
JUNE7,1999 Res.#GPFt-;;29S-9I.
Meeting:
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.
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REPORT NO.: PD-54-99
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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 (Altemative 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.
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1. BACKGROUND
1.1 At its meeting on June 24, 1996, Council approved Report #P0-90-96 (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-91004) 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-9o-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 #P0-9o-
06 is available at the Clerk's office for examination.
1.2 Section 10 of Report #P0-90-96 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
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REPORT NO.: PD-54-99
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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.
1A 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 for a 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".
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REPORT NO,: PD-54-99
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1.8 On November 18, 1997, the Region's Commissioner of Planning approved draft plan
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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-91004 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
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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-91004 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.
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REPORT NO.: PD-54-99
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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-<Jut 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 Mi II Street grade separation at the CN Rai I 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 "B" works.
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 Altemative "B" 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 "B" works was much higher, $6.2 million.
2.3 The proposed Principles of Understanding provide for the replacement of the
Alternative "B" works with the Alternative "A" works in the approvals previously given
in respect of the draft plans of subdivision for Phases I and II of the Port of Newcastle
development.
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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 fi nally 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
Mi II 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 30151 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.
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REPORT NO.: PD-54-99
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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-91 004 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-91004. The area shown on plan 18T-91004 is 15 metres wide. The
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REPORT NO.: PD-54-99
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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-91 004 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 incl ude lots for 104 dwell ing units.
The proposed Principles of Understanding provide for approval of a final plan for Stage
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REPORT NO.: PD-54-99
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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 unti I the 1st day after approval of the new development
charge by-law provisions respecting the Mill 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-91004 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" AN 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.
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REPORT NO.: PD-54-99
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2.15 Canditians af Principles af Understanding
The propased Principles af Understanding are made expressly canditianal an the
passing af a new develapment charge by-law an ar befare July 31, 1999 which
includes the chargeable partian af the Mill Street grade separatian recanstructian and
assaciated warks and the park impravement casts referred to' abave which are equal
at least to' 75% af the aggregate af the estimated cast af these warks. Further, they are
canditianal either an the new develapment charge by-law receiving final appraval an
ar befare August 31, 1999 ar the awner giving the Municipality the written natice
referred to' in paragraph 2.5 abave. When these canditians have been satisfied, the
Principles af Understanding will be binding and fully effective.
3.0 CONClUSION AND RECOMMENDATIONS
3.1 The propased Principles af Understanding have been prepared fallawing difficult
and lengthy negatiatians. They nat anly pravide far a reasanable resalutian af the
issues between the parties and avaid the casts af an OntariO' Municipal Baard
hearing, they alsO' provide far a number af impravements and benefits to' the
Municipality in respect af transpartatian, lands to' be transferred to' the Municipality
far park and apen space purpases, impravements in the waterfrant promenade, and
in the planning af this impartant area af the Municipality.
3.2 We recammend that the prapased Principles af Understanding be appraved by
Caunci I and that the necessary by-law to' autharize the executian an behalf af the
Municipality be passed.
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REPORT NO.: PD.54.99
PAGE 13
Respectfully submitted,
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Stephen . Vokes, P. Eng.,
Director of Public Works
Da I me, M.C.I.P., R.P.P.
Director of Planning and Development
ri Marano, H.BSc., AMCT
Treasurer
DMn;~~~
Sol icitor
Reviewed by,
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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:
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Council Agenda
ATTACHMENT NO.2
- 20-
October 14, 1997
UNFINISHED BUSINESS
Resolution #C-737-97
Moved by Councillor Dreslinski, seconded by Councillor Hannah
THAT Report PD-140-97 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-960B 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-960B 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 included 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, including without limitation the 'Toronto Street Grade Separation
Works' and the 'Toronto Street Road Reconstruction Works'.
"CARRIED"
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ATTACHMENT NO.3
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-91 004 (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.
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C The purpose of these Principles is to resolve differences between the Parties respecting draft
Plans of Subdivision 18T-91 004 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 "0" 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
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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-91 004 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:
049
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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 "0"
Description of Lands
Description of Certain Works
Schedule of Security Requirements
Plan Showing Promenade and Vehicular
Parking on Portion of Block 207
2. PrinciDles 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-91 004 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
b50
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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 Bv-Iaw
(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
051
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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~d 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 Bv-Iaw 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
052
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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.
b53
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7. If DeveloDment 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-91004 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-91004
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
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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 (1 st) 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 Separation 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
055
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draft Plan of Subdivision 18T-91 004
_ $150,000. prior to the issuance of a building permit for the thirty-fifth (35Ih)
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 "0", as may be applicable.
2. Toronto and Mill Streets Imcrovement 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-91004.
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 Municicality
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-91 004 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
b~b
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(ii) Block 194 on draft Plan of Subdivision 18T-91004 as modified by draft Plan of
Subdivision 18T-96013 comprising approximately 0.715 hac
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 Aoorovals
(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 "D" 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 Resoectina 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
1
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Subdivision Agreement (Draft #4 - February 26, 1999) respecting the lands within draft Plan
of Subdivision 18T-91 004 by not later than April 30, 1999.
13. Phase I. Stace I of Draft Plan 1ST -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-91004 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-91 004
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
0)0
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on either or both draft Plans of Subdivision 18T-91 004 and/or 18T-96013 to which
the requested final plan will apply.
15. Parties to Co-oDerate 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 Kaitlin 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
L1 C 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.
- ':)
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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 Aooroval Prior to Date of Final Disoosition
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.
obu
19. JlaIa
TtM shall b. of Iha 1111ne:. of "- PrinclplM.
20. AuIb6pIIIf Iff IIUMfl"'_awv
n. 0Mler 1d1ll1J"11.g11 MlI.....1IWt.. MUlIkIpIIty l1li ~ IllIl\tl!l'InIlINa
Pm..... tItII evwy ll"NiIlon hnof" :aA\....'-I by tha '-. MCI thlt thll'I\.J." ..
.,....llId by \hi MIlnIc:l!lIIIIY In rtIIInce on thllOreement 1M "O'M ........ of It.
0\VIIIf . .lIfI:., ~J
21. ~...r......6nt
Theil ~ of UtI4e........1!I .... enu,. 10 \hi beneIiI of.1Id be blntIIna fll\ 1111
P8Itiea Itlnto IIld their ~ p" alS n _....
IN WITNP8 WNDEClF lha PIl1iee hellllo lIIYII hnunIo _1III1r hIndI and ......, .,.j
yell' fiIIt uove WIltlM IIld .. PartIM '** h_ hentunlo al!bctd tIM* 0Il~...... ....by till
hancla of IIteIr 1lRIP'" allllIII" duly .uthoriacI in lhat beMW.
1M! CORPOM110N OF 1M!
MUHlC1PAUTV OF CLARlNGTON
MayGI'
CIIIIC
~.\,,;'\.. ~'- \";';J ,,_....L.~
","...- """,J....1, ~..,..
TI!.:
NMle:
TMe~
061
SCHEDULE "B"
DescriDtion 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 CN 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
StreeUHwy. 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, catch basins, 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-91 004 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
063
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works and restoration and a temporary road from the existing limits of Toronto Street
easterly to the west limit of Plan 18T-91 004 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.1 0-96609 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-91 004, 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,
ob4
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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-8, P-9, P-10 and P-12, Project No. 10-96609,
prepared by Marshall Macklin Monaghan Ltd. dated October/December, 1996 as finally approved
by and on file with the Director.
ao]
.'
SCHEDULE "C"
Schedule of Security Reauirements
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
/
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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 Dwellino Unit No.
ReQuired Amount of Security
105
151
201
251
301
$ 1.927.863.00
$ 2,571,97500
$ 3,211,614.00
$ 3,855,726.00
$ 4,473,00000
IF STARTING ESTIMATED COST IS NOT IN EFFECT
Prior to Application for the
Building Permit Which Is or
Includes DwellinQ Unit No.
ReQuired ProDortionate 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.
067
.' .
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"
Prior to Application for the
Building Permit Which Is or
Includes Dwellina Unit No.
Reauired 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.
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