HomeMy WebLinkAboutSOLIC-#2-00A"~- _r P o
' REPORT Ik4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: Council File # l-C~ R,1-
Date: April 25, 2000 Res. # C- " ~-3~--OCR
Report #: Solic-#2-00 By-law #
Subject: EX'T'ENSION OF THE "t1NWINDING DATE" PROVIDED 1N THE PRINCIPLES
OF UNDERSTANDING BETWEEN BLUE CIRCLE CANADA INC. AND THE
MUNICIPALITY OF CLARINGTON DATED NOVEMBER 3, 1997
L0 RECOMMENDATIONS:
1. THAT this report be received
2. THAT Council pass a by-law to authorize the Mayor and Clerk on behalf of the Municipality
to execute an agreement to amend the Principles of Understanding between Biue Circle
Canada lnc. and the Municipality of Clarington dated November 3, 1997 to extend the
"Unwinding Date" from April 30, 2000 to May 31, 2000, and on the exchange of written
notices by the Solicitors for the Parties to a date which is not later than June 30, 200(1, with
all other temts and conditions to remain the same and time to remain of the essence.
2.0 BACKCROiIND
2.1 Council approved the Principles of Understanding ("Principles' between the Municipality
and Blue Circle Canada Ina ("Blue Circle") at its meeting on November 3, 1997. The
Principles deal with a number of matters to implement recommendations made by the
Waterfront Regeneration Trost including the acquisition by the Municipality of Cove Road
and land required for the extension of Cove Road to the Westside Creek, the construction of
abridge over the Westside Creek to connect Cedar Crest Beach Road via Cove Road to West
Beach Road, and the transfer of a large part of the Westside Mazsh and certain other lands
to the Municipality or to CLOCA at the Municipality's direction.
2.2 The Closing Date for the transfer of lands by Blue Circle and the compleflon of certain other
arrangements provided in the Principles is conditional on several events occurring. These
include the transfer of an easement by Ontario Hydro to accommodate the planned diversion
of Westside Creek through its transmission corridor, and the execution by Blue Cirole and
the Central Lake Ontario Conservation Authority of a maintenance and monitoring
~~-e f
~i
Report Solic-#2-00 April 25, 2000
-2-
agreement with respect to certain works that aze to be constructed by Blue Circle for the
diversion of Westside Creek and the separation of the azea of the Westside Marsh which is
to be conserved from the area of the Marsh that can be quarried by $lue Circle.
2.3 At the meeting on December 13, 1999, Council approved Ute recommendation contained in
Report Solic-#2-99 that the "Unwinding Date" provided for in paragraph 24 of the Principles
of Understanding be extended from December 31, 1999 to February 29, 2000 in order to
allow necessary documentation to be drafted and to allow time for completion of
negotiations with Ontario Hydro respecting the transfer of an easement for the planned
diversion of the Westside Creek.
2.4 At the meeting on February Zl, 2000 Council approved the recommendation contained in
Report Solic #1-00 to further extend the Unwinding Date to Apri130, 2000.
Z.5 UnforAmateIy, the negotiations between the Municipality, Blue Circle and Ontario Hydro
have taken more time than was anticipated. However, agreement in principle has now been
reached at the staff Ievel. The documentation between Ontario Hydro, Blue Circle, the
Municipality and CLOCA, is being settled at the present time. Additional amendments to
the Principles are being settled by staff and will be reponed to Council at the meeting on
May 8, 2000. This documentation and certain revisions to complex land surreys to
implement the Principles cannot be completed soon enough to allow the transaction behveen
Blue Circle and the Municipality to close before the amended Unwinding Date of April 30,
2000. A further extension is required.
3.0 RECOMMENDATION
3.1 Accordingly, it is recommended that Council authorize the Mayor and Clerk oa behalf of the
Municipality to execute an amendment to the Principles to extend the Unwinding Date to
May 31, 2000, and on the exchange of written notices by the Solicitors for the Parties to a
date which is not later than June 30, 2000, with all other terms and conditions of the
Principles to remain the same and time to remain of the essence of the Principles.
Respectively submitted