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REPORT 92
THE CORPORATION OF THE MUNICIPALITY OF CLARIIVGTON
REPORT
Meeting:
Council
File # 1 t ~ ~ ~-
Date:
lZeport #:
Subject:
February 21, 2000
Solic-#1-00
12es_#~-1G1-OUP .
By-law #
EXTENSION OF THE "UNWTNDIlVG DATE° PROVIDED IN THE PRINCIPLES
OF UNDERSTANDING BETWEEN BLUE CIRCLE CANADA 1NC. AND THE
MUNICIPALITY OF C7.ARINGTON DATED NOVEMBER 3,1997
1.0 RECOMMENDATIONS:
THAT this report Fie received.
2. THAT Council pass a by-law to authorize the Mayor and Clerk om behalf of the Municipality
to execute an agreement to amend the Principles of Understanding between Blue Circle
Canada Inc, and the Municipality of Claringtom dated November 3, 1997 to extend the
"Unwinding Date" from February 29, 2000 to April 30, 2000, with all other terms and
conditions to remain the same and time to remain of the essence.
2.0 BAC%GROUND
2.1 Council approved the Principles of Understanding (("Principles' between the Municipality
and Blue Circle Canada Inc. ("Blue Circlc") at its meeting on November 3, 1997. The
Principles deal with a number of matters to implement recommendations made by the
Waterfront Regeneration Trust including the acquisition by the Municipality of Cove Road
and land required for the extension of Cove Road to the Westside Creek, the wnstruction of
abridge Aver 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 Match and certain other lands
to the Municipality or to CLOCA at the Municipality's direction.
2.2 The Closing Date on which the transfer of lands by Blue Circle aad the completion of other
arrangements provided in the Principles of Understanding 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 Circle and the Central Lake Ontario Conservation Authority of a maintenance and
monitoring agreement with respect to certain works that are io be constructed by Blue Circle
Report Solic-#1-00
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February 21, 2000
for the diversion of Westside Creek and the separation of the area of the Westside Marsh
which is to be conserved from the area of the Marsh that can be quarried by Blue Circle.
2.3 At the meeting on December 13, 1999, Council approved the recommendation contained in
Report Solic-#2-99 that the "Unwinding Date" provided for in pacsgaph 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 W estside Creek.
2.4 Unfortunately, the negotiations between the Municipality, Blue Circle and Ontario Hydro
have taken more time than was anticipated last November. However, agreement in principle
has now been reached at the staff level. The documentation between Ontario Hydro, Blue
Circle, the Municipality and CLOCA, is being revised at the present time. This work will
not be completed soon enough to allow the transaction between Blue Circle and the
Municipality to close before the amended Unwinding Date of February 29, 2000. A further
extension is required-
2.5 An extension of the Unwinding Date to April 30, 2000 should allow enough time to
complete the documentation, surveys and closing documents.
3.0 $~['OMME
3.1 Accordingly, it is recommended that Council authorize the Mayor and Clerk on behalf of the
Municipality to execute an amendment to the Principles to extend the Unwinding Date to
Apri130, 2000, with all other terms and conditions ofthe Principles to remain the same and
time to remain of the essence of the Principles.
Respectively submitted
Dennis Hefferon
Solicitor
Received by
Franklin Wu
Chief Administrative Officer
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