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HomeMy WebLinkAbout97-271 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-271 being a By-law to authorize the entering into of a Credit Agreement under subsection 13(2)of the Development Charges Act, R.S.O. 1990, c.D.9 with the owners of the lands within draft Plan of Subdivision 18T-89037, 18T-95023 and 18T-95026. WHEREAS as its Special Meeting on July 29, 1996, Council approved Report#PD-114-96 which recommended the terms of a settlement of a number of matters before the Ontario Municipal Board including the approval of draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 and the making of a Credit Agreement between the Municipality of Clarington and the owners of the Lands to submit the aforesaid draft Plans of Subdivision apply; WHEREAS on September 23, 1997 the Minister of Municipal Affairs Board approved By- law No. 96-174 amending the Municipality's Development Charges By-law, By-law No. 92- 105, as amended to allow the development charge in respect of the cost of developing certain parks to be payable in money or by the provision of services, NOW THEREFORE, the Council of 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 Corporation's seal, a Credit Agreement under subsection 13(2)of the Development Charges Act, R.S.O. 1990, c.P.9 with Robinson Ridge Development Inc., 289143 Ontario Limited and 765400 Ontario Limited to implement the recommendations contained in Report #PD-114-96. BY-LAW read a first time this 15th day of December 1997. BY-LAW read a second time this 15th day of December 1997. BY-LAW read a third time and finally passed this 15th day of December 1997. MAYOR CLERK THIS AGREEMENT made in quintuplicate as of this 30th day of March, 1998. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and - ROBINSON RIDGE DEVELOPMENT INC. (hereinafter called "Robinson Ridge"), 289143 ONTARIO LIMITED(hereinafter called "289143") and 765400 ONTARIO LIMITED (hereinafter called "785400") OF THE SECOND PART CREDIT AGREEMENT WHEREAS: A. Robinson Ridge is the owner in fee simple of the lands more particularly described in Schedule "A" hereto (the "Robinson Ridge Lands"); B. 289143 is the owner in fee simple of the lands to which draft plan of subdivision 18'T- 95023 applies (the "289143 Lands"); 765400 is the owner in fee simple of the lands to which draft plan of subdivision 18T- 95024applies (the "765400 Lands"); By Order dated September 16, 1996 entered on October 4, 1997 in Board O.B. 96-4 o Folio #339, the Ontario Municipal Board approved the following draft Plans of Subdivision pursuant to the Planning Act, R.S.O. 1990, c.P.13, as amended: (i) Plan 18T-89037 applicable to the Robinson Ridge Lands, (ii) Plan 18T-95023 applicable to the 289143 Lands, and (iii) Plan 18T-90526 applicable to the 765400 Lands; Credit Agreement -2- E. The term "Southerly Part of Plan 18T-95026" in this Agreement has the same meaning that the term has in the"Robinson Ridge Subdivision Agreement" (as hereafter defined); F. Robinson Ridge has entered into a Subdivision Agreement with the Municipality respecting the Robinson Ridge Lands Made as of March , 1998 pursuant to Section 51 of the Planning Act. The Subdivision Agreement has been registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) (the "Land Registry Office") as Instrument No. (the "Robinson Ridge Subdivision Agreement"); G. The Regional Municipality of Durham, the Municipality, Robinson Ridge's predecessor in title as owner of the Robinson Ridge lands,289143,and 765400 executed"Principles of Understanding" dated July 11, 1996 with respect to the planning and development of the Robinson Ridge Lands,the 289143 Lands and the 765400 Lands,respectively. They were amended by the First Amendment to the Principles of Understanding dated March 30, 1998 executed by Robinson Ridge and the other parties to the Principles of Understanding. The provisions of Section 5 of the Principles of Understanding, as amended, deal with the construction of certain parks hood Park", "Parkette "A"" and "Parkette "B"" (as defined therein)are contained in Schedule "D"hereto. The provisions of Section 5 of the Principles of Understanding, as amended, are called hereinafter the "Park Understanding"; H. Under the provisions of the Park Understanding, Robinson Ridge as owner of the Robinson Ridge Lands, 289143 as owner of the 289143 Lands, and 765400 as the owner of the Southerly Part of Plan 18T-95026, are required to transfer to the Municipality and construct at their expense, among others, the "Parkette "A" Works" and the"Parkette"A"Furnishings" (as defined in the Robinson Ridge Subdivision Agreement) on land shown as Block 318 on Plan 40M- and the "Neighbourhood Park Works" (both as are defined in the Robinson Ridge Subdivision Agreement) on land shown as Part 10 on Reference Plan 40R- ; 1. On September 30, 1996 the Municipality's Council passed By-law No. 96-174 which added to the "designated services" listed in the Municipality's Development Charge By-law(By-law No. 92-105,as amended),the Neighbourhood Park,Parkette "A" and Parkette "B" and permitted the development charge in respect of the cost of developing them to be payable in money or by the provision of the services. On September 23, 1997,the Minister of Municipal Affairs and Housing approved By-law No. 96-174 pursuant to the Development Charges Act, R.S.O. 1990 c.D.9, as amended. The parties acknowledge that at the date of this Agreement By-law No. 96-174 is in force. Copies of By-law No. 96-174 and the Minister's letter approving it are contained in Schedule "C" hereto; Credit Agreement -3- J. The parties hereto acknowledge that provisions similar to paragraph 5.28 of the Robinson Ridge Subdivision Agreement will be included in Subdivision Agreements between the Municipality and 289143 and 765400 concerning the 289143 Lands and 765400 Lands,respectively, when the same are executed; K. By Transfer dated March_, 1998 and registered in the Land Registry Office for the Land Titles Division of Durham(No. 40) as Instrument No. ,title in fee simple to Block 318 on Plan 40M- was transferred to the Municipality. By Transfer dated March_, 1998 and registered in the aforesaid Land Registry Office as Instrument No. ,title in fee simple to Part 10 on Plan 40R- was transferred to the Municipality. Parkette`B"will be transferred to the Municipality in fee simple by 289143 prior to the execution of a Subdivision Agreement by the Municipality with 289143 respecting the 289143 Lands; L. The Municipality's Development Charge By-law(By-law No. 92-105, as amended) imposes a development charge respecting residential development under the Development Charges Act; M. Paragraph 5(g) of the Park Understanding provides, in effect,that credits in certain maximum amounts will be allowed to the owners of the Robinson Ridge Lands,the 289143 Lands and the 765400 Lands for the provision of (1) the Parkette "A" Works and the Parkette "A" Furnishings, and (2) the Neighbourhood Park Works, as the case may be, if By-law No. 96-174 remains in force; N. The purpose of this Agreement is to provide for the allowance of the credits referred to in Recital "M" pursuant to subsection 13(2)of the Development Charges Act;R.S.O. 1990,c.D.9, as amended; O. The execution of this Agreement is authorized by By-law No. 97-271 passed by the Municipality on December 15, 1997. NOW THEREFORE WITNESSETH THAT in consideration of the premises and 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: Credit Agreement -4- SCHEDULES The following Schedules which are attached hereto, together with all provisions therein, are made a part of this Agreement as fully and for all purposes as would be the case if they were set out in the text of this Agreement: Schedule "A" - "Description of Robinson Ridge Lands" Schedule "B" - "Park Understanding" Schedule "C" - "By-law No.96-174 and Minister's Letter Approving By-law" ARTICLE 1 -DEVELOPMENT CHARGE CREDIT 1.1 (a) Subject to paragraphs 1.2, 1.3 and 1.4 and 1.5 of this Agreement, if By-law No. 96- 174 remains in force until the completion of construction of either or both (1) the Parkette "A"Works and the Parkette"A"Furnishings, and(2)the Neighbourhood Park Works, as the case may be, or in the event that the Municipality replaces its Development Charges By-law(By-law No. 92-105,as amended)with a new by-law enacted pursuant to the Development Charges Act, 1997, S.O. 1997 c.27 containing provisions substantially similar to those contained in By-law No. 96-174,if such new by-law provisions remain in force until the completion of construction and installation of either or both of(1) the Parkette "A" Works and the Parkette "A" Furnishings, and (2) the Neighbourhood Park Works, as the case may be, the Municipality will regard the services in fact provided by the provisions of the Parkette "A" Works and the Parkette"A"Furnishings and the Neighbourhood Park, Works by Robinson Ridge, 289143 or 765400 or any of them, as having been provided by all of such companies in lieu of the payment to the Municipality of the portions of the development charges imposed by the Municipality's then in force Development Charges By-law which portions of the development charges are allocated by the Municipality to the construction and installation of parkettes and neighbourhood parks in the Municipality. (b) Following the issuance of a "Certificate of Completion(s)" (as defined in the Robinson Ridge Subdivision Agreement) respecting either or both of the Parkette "A" Works and the Neighbourhood Park Works, the Municipality shall allow whichever of Robinson Ridge, 289143 and 765400 as the owner of the lands within draft Plans of Subdivision 18T-89037, 18T-95023, and the Southerly Part of Plan Credit Agreement -5- 18T-95026, respectively, applies for credits against the development charge(s) otherwise payable under the Municipality's then in force Development Charges By- law, amounts equal to the reasonable costs of providing either or both of(1) the Parkette "A" Works and the Parkette"A" Furnishings, and(2)the Neighbourhood Park Works, in respect of which the Certificate of Completion(s) has (have) been issued, credits up to the amounts of the parkettes and neighbourhood park development component of the Municipality's development charges, provided that the credits that are allowed shall not exceed a maximum of $58,500.00 for the Parkette "A" Works and the Parkette "A" Furnishings, and a maximum of $397,800.00 for the Neighbourhood Park Works. For the avoidance of doubt, Robinson Ridge,289143 and 765400 will not seek any additional credit for the cost of constructing and installing the Parkette "A" Furnishings above the credit of $58,500.00 which is allowed for both the Parkette"A" Works and the Parkette"A" Furnishings.. (c) Either if By-law No. 96-174 does not remain in force, or if provisions substantially similar to those contained in By-law No. 96-174 do not remain in force until the issuance of a Certificate of Completion(s)respecting either or both of(1)the Parkette "A" Works and the Parkette "A" Furnishings, and (2) the Neighbourhood Park Works,the Municipality shall not be under a duty to whichever of Robinson Ridge, 289143 or 765400 in fact paid for the Parkette"A"Works and/or the Neighbourhood Park Works, the completion of the construction and installation of which, if any, occurs after By-law No. 96-174 or provisions similar to those contained in By-law No. 96-174 which are contained in a new Development Charges By-law passed under the Development Charges Act, 1997 cease to be in force, either to give a credit against the development charges otherwise payable to the Municipality in amounts equal to the cost of constructing and installing any of these works, or otherwise to compensate any such company or anyone claiming through or under it or them who in fact constructed and installed (1) the Parkette "A" Works and the Parkette "A" Furnishings,and(2)the Neighbourhood Park Works for any part of the costs thereof. 1.2 Robinson Ridge,289143 and 265400 acknowledge and agree that the allowance to any one or more of Robinson Ridge, 289143 and 765400 by the Municipality of the whole or any one or more portions of the credits referred to in paragraph 1.1 against the development charges otherwise payable to the Municipality, shall release the Municipality pro tanto from its covenant to allow credits to Robinson Ridge, 289143 and 765400 under paragraph 1.1 of this Agreement. For the avoidance of doubt,the parties hereto agree that the allowance of the whole or of any portion of Credit Agreement -ti- the aforesaid credits by the Municipality to any one or more of Robinson Ridge,289143 and 765400 shall be deemed to be the performance of the Municipality's duty under paragraph 1.1 of this Agreement to the extent of the credits that in fact are allowed by the Municipality. 1.3 Robinson Ridge,289143 and 765400 acknowledge and agree with the Municipality that allowing the credit for the Neighbourhood Park Works referred to in paragraph 1.1 of this Agreement,will satisfy completely the Municipality's promise contained in the Park Understanding to allow a credit against the Municipality's development charge for the cost of oversizing the Neighbourhood Park in order to accommodate development of lands additional to the lands to which draft Plan of Subdivision 18T-89037 and 18T-95023 apply and the lands within the Southerly Part of Plan 18T-95026. 1.4 Robinson Ridge,289143 and 765400 acknowledge and agree with the Municipality that the credits referred to in paragraph 1.1 of this Agreement that are allowed to any of Robinson Ridge, 289143 and 765400 individually, or to all of them collectively, shall not exceed the total development charge payable under the Municipality's Development Charge By-law(By-law No. 92- 105, as amended) in respect of development of the Robinson Ridge Lands, the 289143 Lands and the Southerly Part of Plan 18T-95026. 1.5 The parties hereto acknowledge and agree that the reasonable costs of providing the services referred to in paragraph 1.1 is the cost of providing the services in accordance with the standards described in Section 3 of Regulation 276 contained in the Revised Regulations of Ontario, 1990, as amended by O.Reg. 212/96, and that such costs do not exceed the maximum amounts of the allowable credits for each of(1)the Parkette"A" Works and the Parkette"A"Furnishings, and (2)the Neighbourhood Park Works provided in paragraph 1.1 of this Agreement. 1.6 Notwithstanding paragraph 1.1 of this Agreement, the Municipality shall not allow the credits against the development charges that are payable under the Municipality's then in force Development Charges By-law and in accordance with the respective Subdivision Agreements between the Municipality and Robinson Ridge, 289143 and 765400,unless proof satisfactory to the Municipality's Director of Planning and Development is first provided to the Director that written notice of its intention to request allowance of such credits is given to each of the other parties to this Agreement, with the exception of the Municipality. Within five (5) days after each occasion on which the Municipality allows credits under paragraph 1.1 of this Agreement, the Director of Planning and Development shall give written notice containing particulars of the amount of the credits and the person who was allowed the credits to each of the other parties to this Agreement. Credit Agreement -7- 1.7 Without fettering in any way the Municipality's Council in the exercise of its legislative discretion,the parties hereto express their intention(1)that By-law No. 96-174 will not be amended or repealed unless the Municipality passes a by-law to replace By-law No. 92-105 as amended pursuant to the Development Charges Act, 1997, (2)that in such event, such replacement by-law will contain appropriate provisions to a similar effect as those which are contained in By-law No. 96-174, and(3)that the provisions of the replacement by-law which are to a similar effect as those contained in By-law No. 96-174 will remain in effect until the issuance of the last to be issued of the Certificate of Completion for(1)the Parkette "A" Works and the Parkette "A" Furnishings, and(2)the Neighbourhood Park Works. 1.8 The provisions of paragraphs 1.1 to 1.7 of the Agreement respecting the Neighbourhood Park Works and the allowance of a credit by the Municipality against the development charge otherwise payable apply in respect of Parkette`B"with necessary modifications to give effect to the intent of this paragraph 1.8 being considered to have been made. ARTICLE 2 -TIME OF ESSENCE Time shall be of the essence of this Agreement ARTICLE 3 -NOTICE If any notice or other document is required to be or may be given by the Municipality or by any official of the Municipality to the Owner under this Agreement, such notice shall be transmitted by telefax, mailed by first class prepaid post or delivered to: The Owner: Robinson Ridge Development Inc. 60 Centurian Drive Suite 219 Markham, Ontario UR 8T6 If by telecopier: 1-905-479-3859 289143 Ontario Limited 7111 Dufferin Street Thornhill, Ontario L4J 2K2 If by telecopier: 1-(905) 669-3768 Credit Agreement -8- 765400 Ontario Limited c/o The Saunders Group 19 Prince George Drive Etobicoke, Ontario. M9A IX9 If by telecopier: (416) 234-0881 or such other address or telefax number of which Robinson Ridge, 289143 or 765400, as the case may be, has notified the Municipality in writing. Any such notice so mailed, delivered or telefaxed shall be deemed good and sufficient notice under the terms of this Agreement and shall be effective from the date which it is so mailed, delivered or telefaxed. ARTICLE 4 -AUTHORITY OF MUNICIPALITY Robinson Ridge, 289413 and 765400 acknowledge and agree (1) that the Municipality has authority to enter into this Agreement,(2)that every provision hereof is authorized by the law and is fully enforceable by the parties, (3) that this Agreement is made by the Municipality in reliance on the acknowledgement and agreement of Robinson Ridge, 289143 and 765400, and(4)that the making of this Agreement fully performs the Municipality's duty under the Park Understanding to the other parties to it and that none of Robinson Ridge, 289143 or 765000 shall or cause or suffer any person to take any action in any proceedings that is inconsistent with the intent of this Agreement under the provisions of the Development Charges Act, R.S.O. 1990,c.D.9, as amended, or the Development Charges Act, R.S.O. 1997, c.27, or otherwise. ARTICLE 5 -ENUREMENT,ETC. This Agreement shall ensure to the benefit of and shall bind the Municipality, Robinson Ridge, 289143 and 765400, and their respective successors and assigns. Credit Agreement -9- IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND ) THE CORPORATION OF THE DELIVERED ) MUNICIPALITYOFCLARINGTON In the Presence of: ) by: Title: Mayor Name: Dian ;am- re by: Title: Cle Name. atti Barrie ROBINSON RIDGE DEVE OP TS C. by: — Title:Jam.C�C7 Name: 4.S,O by: Title: Name: 289143 ONTARIO LIMITED b rtle: �tt..tsi Y� Name: by: Title: Name: 765400 ONTARIO LIMITED by- Title: Name: by: Title: Name: SCHEDULE "A" THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. 97-271 of The Corporation of the Municipality of Clarington, enacted and passed the 15th day of December, 1997. DESCRIPTION OF ROBINSON RIDGE LANDS i Part of Parcel 35-1, Section Concession 1,Newcastle(Darlington)being part of Lot 35, Concession 1, of the Geographic Township of Darlington and part of the road allowance between Lots 34 and 35, Concession 1, of the Geographic Township of Darlington designated as Parts 3 and 4 on a plan of survey deposited in the Land Registry office for the Land Registry Division of Durham(No. 40) as Plan IOR-1673. SCHEDULE "B" THIS SCHEDULE IS SCHEDULE `B" to the Agreement which has been authorized and approved by By-law No. 97-271 of The Corporation of the Municipality of Clarington,enacted and passed the 15th day of December, 1997. PARK UNDERSTANDING SCHEDULE "C" THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. 97-271 of The Corporation of the Municipality of Clarington, enacted and passed the 15th day of December, 1997. BY-LAW NO. 96-174 AND MINISTER'S LETTER APPROVING BY-LAW