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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 93 - 209
being a by-law to approve Minutes of Settlement
with Bramalea Limited respecting its appeal of
By-Law #92-103, as amended, to the Ontario Municipal
Board
WHEREAS the Municipality's Solicitor has reported to Council
recommending approval of Minutes of Settlement of certain issues
with Bramalea Limited respecting the appeal of By-Law #92 - 103, as
amended, to the Ontario Municipal Board and his recommendation has
been adopted by Council:
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALAITY OF CLARINGTON AS FOLLOWS:
1. THAT the Minutes of Settlement contained in Schedule 1
attached to and forming part of this by-Law between The
Corporation of the Municipality of Clarington and Bramalea
Limited are hereby approved.
I
By-Law read a first and second time this 13th day of
December 1993 .
By-Law read a third time and finally passed this 13th day of
December 1993.
Mayor
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11 Forthwith after Bramalea Limited ('Bramalea") and the Munleiptdlity of Clarington
("Clarington") approve this settlement, Bramalea, will consent to an order of the
Ontario Municipal Board dismissing its appeal to the Board from the Municipality's
Development Charge By-law except insofar as the By-lawn applies to Neighbourhoods
3A and 3B of the Newcastle Village urban area (the "Lands").
2. The hearing of Bramalca's appeal of the Development Charge By-law insofar as it
applies to the Lands will be adjourned on consent to provide an opportunity for the
Municipality, the Region and other approving and commenting authorities and
agencies to review, comment on and if possible, settle with Brameloa the provisions
of an Official Plan Amendment, an amendment to the Zoning By-law and approval
of a draft Plan of Subdivision (the "Planning Instruments"). Subject to #4 and
notwithstanding #5, Emmalea reserves the right on 30 days notice to the
Municipality to apply for a hearing date.
3. The Municipality agrees to review and formulate its position with respect to the
Planning Instruments with reasonable expedition and in good faith. ne Munfcipality
will consider all reasonable alternatives proposed by Bramalea with respect to
securing a safe and financially feasible crossing of the CNR rail line to the
satisfaction of the Municipality. The Municipality will consider in good faith it
proposal by Bramalea to incorporate site specific development charges provisions
applicable to the Lands provided that the same are fair and equitable, Bramalea
reserves its rights under the Planning Act to appeal or seek the referral to the
Ontario Municipal Board of any of the Planning Instruments at any time,
4. In the event that the Planning Instruments or any of them are appealed to or
referred to the Ontario Municipal Board, the Municipauty will cc,n,sent to tho Board
consolidating Bramalea's appeal in respect of the Development Charge By-law with
the hearing in respect to any of the planning Instniments with the intent that a jingle
hearing be held by the Ontario Municipal Board to resolve all such appeals and
references.
5. Bramalea understands that the Municipality intends to undertake a review of the
Development Charge By-law and that the review may be undertaken and completed
before the settlement of the Planning Instruments.
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6. Bramalen's present motion to add issu=to be considered at the hearing of its appeal
of the Municipality's present Development Charge By-law will be dismined without
costs.
7. Each provi-don of these minutes is interdependent with the othor provisions and none
of the provisions shall apply unless all of the provWons are approved by Bramalea
and by the Municipality, respectively.
Approved on behalf of Branwlea Limited this r !�
day of December,
1993. \
4Gordn . Patter sonsident, Land Operations
i s
David Keenan
Senior Vice President, Land Operations